PERSONS AND FAMILY RELATIONS REVIEWER by HARVEY BILANG [ATENEO 4C 2016] (Based on Sta.

Maria book 2015 edition)

title vii - adoption (i) Safeguard the biological parent(s) from making hurried
Republic Act No. 8552 February 25, 1998 decisions to relinquish his/her parental authority over
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE his/her child;
DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER (ii) Prevent the child from unnecessary separation from
PURPOSES his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb
article i his/her parental authority and custody over his/her adopted
general provisions child.
Section 1. Short Title. This Act shall be known as the "Domestic Any voluntary or involuntary termination of parental
Adoption Act of 1998." authority shall be administratively or judicially declared so
Section 2. Declaration of Policies. (a) It is hereby declared the policy as to establish the status of the child as "legally available for
of the State to ensure that every child remains under the care and adoption" and his/her custody transferred to the
custody of his/her parent(s) and be provided with love, care, Department of Social Welfare and Development or to any
understanding and security towards the full and harmonious duly licensed and accredited child-placing or child-caring
development of his/her personality. Only when such efforts prove agency, which entity shall be authorized to take steps for the
insufficient and no appropriate placement or adoption within the permanent placement of the child;
child's extended family is available shall adoption by an unrelated (iv) Conduct public information and educational campaigns
to promote a positive environment for adoption;
person be considered.
(b) In all matters relating to the care, custody and adoption of a child, (v) Ensure that sufficient capacity exists within government
his/her interest shall be the paramount consideration in accordance and private sector agencies to handle adoption inquiries,
process domestic adoption applications, and offer adoption-
with the tenets set forth in the United Nations (UN) Convention on
the Rights of the Child; UN Declaration on Social and Legal Principles related services including, but not limited to, parent
preparation and post-adoption education and counseling;
Relating to the Protection and Welfare of Children with Special
Reference to Foster Placement and Adoption, Nationally and and
Internationally; and the Hague Convention on the Protection of (vi) Encourage domestic adoption so as to preserve the
child's identity and culture in his/her native land, and only
Children and Cooperation in Respect of Intercountry Adoption.
Toward this end, the State shall provide alternative protection and when this is not available shall intercountry adoption be
assistance through foster care or adoption for every child who is considered as a last resort.
neglected, orphaned, or abandoned. Section 3. Definition of Terms. For purposes of this Act, the
(c) It shall also be a State policy to: following terms shall be defined as:
(a) "Child" is a person below eighteen (18) years of age.

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(b) "A child legally available for adoption" refers to a child hour residential care services for abandoned, orphaned,
who has been voluntarily or involuntarily committed to the neglected, or voluntarily committed children.
Department or to a duly licensed and accredited child- (j) "Simulation of birth" is the tampering of the civil registry
placing or child-caring agency, freed of the parental authority making it appear in the birth records that a certain child was
of his/her biological parent(s) or guardian or adopter(s) in born to a person who is not his/her biological mother,
case of rescission of adoption. causing such child to lose his/her true identity and status.
(c) "Voluntarily committed child" is one whose parent(s) STATUTORY CREATION: The right to create the relationship
knowingly and willingly relinquishes parental authority to between parent and child between persons who are generally not
the Department. related by nature exists only by virtue of a statute providing for
(d) "Involuntarily committed child" is one whose parent(s), adoption.
known or unknown, has been permanently and judicially All statutory requirements for adoption must be met, and where a
deprived of parental authority due to abandonment; court issues an adoption decree despite the fact that all the said
substantial, continuous, or repeated neglect; abuse; or requirements are not met, such decree is a nullity.
incompetence to discharge parental responsibilities. o Thus, a child by adoption cannot inherit from the parent
(e) "Abandoned child" refers to one who has no proper by adoption unless the act of adoption has been done in
parental care or guardianship or whose parent(s) has strict accord with the statute.
deserted him/her for a period of at least six (6) continuous The burden of proof in establishing adoption is upon the person
months and has been judicially declared as such. claiming such relationship.
(f) "Supervised trial custody" is a period of time within which However, if the mandatory requirements are present but there
a social worker oversees the adjustment and emotional are only irregularities, substantial compliance of the mandatory
readiness of both adopter(s) and adoptee in stabilizing their requirements is enough. (reasonable degree of liberality)
filial relationship. As long as the petition for adoption was sufficient in form and in
(g) "Department" refers to the Department of Social Welfare substance in accordance with the law in governance at the time it
and Development. was filed, the Court acquired jurisdiction and retains it until it fully
(h) "Child-placing agency" is a duly licensed and accredited disposes of the case.
agency by the Department to provide comprehensive child PHILOSOPHY BEHIND ADOPTION: The present tendency is
welfare services including, but not limited to, receiving geared more toward the promotion of the welfare of the child and
applications for adoption, evaluating the prospective the enhancement of his or her opportunities for a useful and
adoptive parents, and preparing the adoption home study. happy life.
(i) "Child-caring agency" is a duly licensed and accredited Adoption statutes, being humane and salutary, hold the interest
agency by the Department that provides twenty four (24)- and welfare of the child to be of paramount consideration and are
designed to provide homes, parental care and education for
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unfortunate, needy or orphaned children and give them the effects of adoption and is able to express his/her views on
protection of society and family in the person of the adopter. adoption in accordance with his/her age and level of
It also allows childless couples or persons to experience the joys maturity.
of parenthood and legally give them a child in the person of the All principal parties to the adoption require counselling: the
adopted for the manifestation of their natural parental instincts. biological parents, the adopter, and the adoptee.
Every reasonable intendment should be sustained to promote and Counseling sessions ensure that the parties are well prepared
fulfill those noble and compassionate objectives of the law. psychologically, emotionally and legally to enter a new phase in
their lives with very significant impact not only on themselves but
article ii on the society as a whole.
pre-adoption services
Section 4. Counseling Service. The Department shall provide the Section 5. Location of Unknown Parent(s). It shall be the duty of the
services of licensed social workers to the following: Department or the child-placing or child-caring agency which has
(a) Biological Parent(s) Counseling shall be provided to the custody of the child to exert all efforts to locate his/her unknown
parent(s) before and after the birth of his/her child. No biological parent(s). If such efforts fail, the child shall be registered
binding commitment to an adoption plan shall be permitted as a foundling and subsequently be the subject of legal proceedings
before the birth of his/her child. A period of six (6) months where he/she shall be declared abandoned.
shall be allowed for the biological parent(s) to reconsider any SEARCH FOR BIOLOGICAL PARENTS: The natural and biological
decision to relinquish his/her child for adoption before the parents are always given the preference in the custody of their
decision becomes irrevocable. Counseling and rehabilitation own children. Hence, before adoption can proceed, the law
services shall also be offered to the biological parent(s) after requires that the childs parents, if unknown, must be located and
he/she has relinquished his/her child for adoption. that all reasonable means are exhausted to look for them.
Steps shall be taken by the Department to ensure that no Ex. Announcement on radio and TV, publication in a newspaper
hurried decisions are made and all alternatives for the child's with the photo of the child, and notices in the locality/residence
future and the implications of each alternative have been of the child informing the public of the intended adoption.
provided.
(b) Prospective Adoptive Parent(s) Counseling sessions, Section 6. Support Services. The Department shall develop a pre-
adoption fora and seminars, among others, shall be provided adoption program which shall include, among others, the above
to prospective adoptive parent(s) to resolve possible mentioned services.
adoption issues and to prepare him/her for effective The whole adoption process involves two phases. The first phase
parenting. is the administrative phase done by the DSWD.
(c) Prospective Adoptee Counseling sessions shall be o This is when the DSWD issues a certification that a child is
provided to ensure that he/she understands the nature and legally available for adoption.
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The second phase is the judicial phase where the proper family qualification to adopt in his/her country may be waived for
court issues will finally issue the decree. the following:
The whole process is governed by RA 9523 (pages 710-715) (i) a former Filipino citizen who seeks to adopt a
relative within the fourth (4th) degree of
consanguinity or affinity; or
article iii (ii) one who seeks to adopt the legitimate
eligibility son/daughter of his/her Filipino spouse; or
Section 7. Who May Adopt. The following may adopt: (iii) one who is married to a Filipino citizen and seeks
(a) Any Filipino citizen of legal age, in possession of full civil to adopt jointly with his/her spouse a relative within
capacity and legal rights, of good moral character, has not the fourth (4th) degree of consanguinity or affinity of
been convicted of any crime involving moral turpitude, the Filipino spouse; or
emotionally and psychologically capable of caring for (c) The guardian with respect to the ward after the
children, at least sixteen (16) years older than the adoptee, termination of the guardianship and clearance of his/her
and who is in a position to support and care for his/her financial accountabilities.
children in keeping with the means of the family. The Husband and wife shall jointly adopt, except in the following cases:
requirement of sixteen (16) year difference between the age (i) if one spouse seeks to adopt the legitimate son/daughter
of the adopter and adoptee may be waived when the adopter of the other; or
is the biological parent of the adoptee, or is the spouse of the (ii) if one spouse seeks to adopt his/her own illegitimate
adoptee's parent; son/daughter: Provided, However, that the other spouse has
(b) Any alien possessing the same qualifications as above signified his/her consent thereto; or
stated for Filipino nationals: Provided, That his/her country (iii) if the spouses are legally separated from each other.
has diplomatic relations with the Republic of the Philippines, In case husband and wife jointly adopt, or one spouse adopts the
that he/she has been living in the Philippines for at least illegitimate son/daughter of the other, joint parental authority shall
three (3) continuous years prior to the filing of the be exercised by the spouses.
application for adoption and maintains such residence until QUALIFICATIONS: For as long as the statutory qualifications,
the adoption decree is entered, that he/she has been certified exclusion and requirements for adoption provided above are met,
by his/her diplomatic or consular office or any appropriate relatives by blood or affinity are not excluded from adopting one
government agency that he/she has the legal capacity to another.
adopt in his/her country, and that his/her government It must be importantly emphasized, however, that as a policy of
allows the adoptee to enter his/her country as his/her the State, all measures to maintain the natural parents authority
adopted son/daughter: Provided, Further, That the and custody of their children must be encouraged and
requirements on residency and certification of the alien's implemented. Only when such efforts prove to be insufficient and

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no appropriate placement or adoption within the childs extended o In one case, the Court allowed the biological mothers (a
family is available shall adoption by an unrelated person be Roman Catholic) withdrawal of consent upon learning
considered. that the adoptive parents were of Jewish faith.
CAPACITY FOR ADOPTIVE PARENTHOOD: o In another case, the Court approved the adoption only
o Filipino citizen upon agreement of the adoptive parents that they will
o Legal age raise the child in the Roman Catholic faith.
o In possession of full civil capacity and legal rights o However, in another case, the court allowed a Black man
o Good moral character to adopt the illegitimate white child of his wife.
o Not been convicted of any crime involving moral turpitude o Here the Court held that a difference in race or religion
o Emotionally and psychologically capable of caring for may have relevance in adoption proceedings, but such
children difference alone cannot be decisive in determining what is
o Generally, 16 years older than the adoptee best for the welfare of the child and does not permit the
o Must be in a position to support and care for his/her court to ignore other relevant considerations.
children in keeping with the means of the family. CONVICTION NECESSARY: Conviction, not mere allegation, of a
The last requirement is important because adoption should not be crime involving moral turpitude.
granted if the prospective parents own children will be Pardon would not erase the disqualification since the provision
detrimentally affected by the entry of the would-be adopted child refers to the fact of conviction and not to the penalty imposed.
in the family. The term moral turpitude is in connection with ones ability to
In evaluating prospective parents, there are other factors to be rear a child so it will not be affected by pardon.
considered such as, but not limited to AGE DIFFERENCE:
o Total personality of the applicants General rule: 16 age difference between adopter and adoptee.
o Emotional maturity o An 18 year difference was argued to be too wide. It would
o Quality of marital relationship disqualify a lot of prospective adopters
o Feeling about children o The trade-off was between trying to approximate natural
o Feeling about childlessness and readiness to adopt filiation against that of disqualifying a lot of prospective
o Motivation adopters which was pointed out to be inconsistent with
While adoption aims to approximate natural filiation as much as the principle that adoption be for the benefit of the child.
possible, it is still the best interest of the adoptee which is the EXCEPTION; Visit codal for instances where the 16 year age
principal consideration difference is waived.
Public policy, therefore, favors adoption by a family of the same ADVANCED AGE OF PROSPECTIVE PARENTS: This is a factor to
race, religion, & intellectual ability as the child. consider but not entirely determinative if one should be allowed

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to adopt or not, especially if shown to be healthy despite of In case of conflict between husband and wife, the fathers decision
advanced age. shall prevail.
ALIENS: Can generally adopt as long as they have all the o Unless there is a judicial order to the contrary.
qualifications possessed by a Filipino national to adopt. Visit codal
for the 3 requirements for an alien to adopt (diplomatic relations; Section 8. Who May Be Adopted. The following may be adopted:
residency; certificate of legal capacity) (a) Any person below eighteen (18) years of age who has been
The requirements on residency and certification of the aliens administratively or judicially declared available for
qualification to adopt in his/her country MAY be waived under adoption;
certain conditions (visit codal). However, this waiver is not (b) The legitimate son/daughter of one spouse by the other
automatic but merely DISCRETIONARY. spouse;
o Hence, depending on the appreciation of the court or (c) An illegitimate son/daughter by a qualified adopter to
proper administrative body, the waiver of the improve his/her status to that of legitimacy;
requirement of residency and certification may or may not (d) A person of legal age if, prior to the adoption, said person
be allowed. Paramount interest of the child is still the has been consistently considered and treated by the
decisive point. adopter(s) as his/her own child since minority;
o The grounds for waiver, being exceptions, must therefore (e) A child whose adoption has been previously rescinded; or
be strictly construed. (f) A child whose biological or adoptive parent(s) has
If a Filipino adopts an alien, such fact will not grant citizenship on died: Provided, That no proceedings shall be initiated within
the alien because the law on adoption is not a law on six (6) months from the time of death of said parent(s).
naturalization. GENERAL RULE: only minors may be adopted. Persons of legal age
GUARDIANSHIP RELATION: As guardian, the power is limited to may be presumed to be able to support themselves.
that of management of the wards properties. He or she possesses EXCEPTIONS: Paragraphs (b), (c), and (d) of this article.
no power to dispose of any part of such property without court Paragraph (d) is referred to as de facto adoption.
approval. De facto adoption is made an exception to the minority rule on the
The requirement of termination of guardianship (which requires assumption that the formal adoption was omitted while the
final accounting) as a pre-requisite to adoption by the guardian of person was still a minor and the reason for the omission could be
his or her ward is to prevent unscrupulous guardians from inaction or postponement.
escaping liability for their impropriety. The child could have been adopted, but the adopter failed to do so.
JOINT ADOPTION OF HUSBAND AND WIFE: The general rule is If the child could have been adopted during minority, said child
that both husband and wife should jointly adopt. There are only 3 could be adopted after reaching legal age.
instances where one spouse alone should adopt (visit codal).

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De facto adoption must, however, be converted to legal adoption It was held, however, that the natural parents are not absolutely
with court approval for all privileges, rights and duties of the required to consent to the adoption. If they have abandoned the
adopter and adoptee to legally attach child, consent by the guardian ad litem suffices. (NOTE: you know
how technical the term abandonment can get, right?)
Section 9. Whose Consent is Necessary to the Adoption. After being If the child is illegitimate and the paternity of the child is disputed,
properly counseled and informed of his/her right to give or withhold the mothers consent will suffice for the adoption. If the child is
his/her approval of the adoption, the written consent of the recognized, however, both should consent.
following to the adoption is hereby required: CAN THE NATURAL PARENTS BE ALLOWED TO WITHDRAW
(a) The adoptee, if ten (10) years of age or over; THEIR CONSENT TO THE ADOPTION OF THEIR NATURAL
(b) The biological parent(s) of the child, if known, or the legal CHILD PRIOR TO AN ADOPTION DECREE?
guardian, or the proper government instrumentality which It appears that, under the law, there is statutory estoppel created
has legal custody of the child; after 6 months on the part of the biological parents.
(c) The legitimate and adopted sons/daughters, ten (10) (Sir believes this is harsh. Should have been a mere presumption of
years of age or over, of the adopter(s) and adoptee, if any; incapacity to be parents after the 6-month period. Should be mere
(d) The illegitimate sons/daughters, ten (10) years of age or shift of burden of proof to prove that withdrawal of their consent is
over, of the adopter if living with said adopter and the latter's for the best interest of the child. The best interest of the child is an
spouse, if any; and implicit but real exception to the irrevocability rule after 6 months)
(e) The spouse, if any, of the person adopting or to be (Sir: If a decree is revoked, parental authority of the natural parents
adopted. may be restored. How much more if they revoked their consent prior
WRITTEN CONSENT: Considering that an adoption decree to the issuance of the adoption decree?)
introduces a stranger into an existing family unit, the mandatory
written consent required by law is the States way of assuring article iv
itself that all members of the family have been consulted and are procedure
amenable to the introduction of a new member in the home. Section 10. Hurried Decisions. In all proceedings for adoption, the
By requiring consent, the adopter psychologically and court shall require proof that the biological parent(s) has been
emotionally prepares the members of the family to the idea of properly counseled to prevent him/her from making hurried
adoption instead of forcefully imposing upon them the adoptee. decisions caused by strain or anxiety to give up the child, and to
The person whose consent is required is not required to testify in sustain that all measures to strengthen the family have been
court, their written consent should just be attached to the petition. exhausted and that any prolonged stay of the child in his/her own
o The adopter himself can just testify that he obtained the home will be inimical to his/her welfare and interest.
consent of those persons required to consent, and such Section 11. Case Study. No petition for adoption shall be set for
were attached in the petition. hearing unless a licensed social worker of the Department, the social
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service office of the local government unit, or any child-placing or month trial custody except for those enumerated in Sec. 7 (b) (i) (ii)
child-caring agency has made a case study of the adoptee, his/her (iii).
biological parent(s), as well as the adopter(s), and has submitted the If the child is below seven (7) years of age and is placed with the
report and recommendations on the matter to the court hearing prospective adopter(s) through a pre-adoption placement authority
such petition. issued by the Department, the prospective adopter(s) shall enjoy all
At the time of preparation of the adoptee's case study, the concerned the benefits to which biological parent(s) is entitled from the date
social worker shall confirm with the Civil Registry the real identity the adoptee is placed with the prospective adopter(s).
and registered name of the adoptee. If the birth of the adoptee was NATURE OF ADOPTION PROCEEDINGS: It is a judicial, in rem
not registered with the Civil Registry, it shall be the responsibility of proceeding. A private adoption agreement between parties is void
the concerned social worker to ensure that the adoptee is registered. and does not produce any legal effect.
The case study on the adoptee shall establish that he/she is legally The fact of adoption is never presumed but must be affirmatively
available for adoption and that the documents to support this fact proved by the person claiming its existence.
are valid and authentic. Further, the case study of the adopter(s) No court may entertain adoption cases unless it has jurisdiction,
shall ascertain his/her genuine intentions and that the adoption is not only over the subject matter of the case and over the parties,
in the best interest of the child. but also, over the res, which is the personal status not only of the
The Department shall intervene on behalf of the adoptee if it finds, person to be adopted, but also of the adopting parents.
after the conduct of the case studies, that the petition should be Constructive notice to the parties by publication is sufficient.
denied. The case studies and other relevant documents and records
pertaining to the adoptee and the adoption shall be preserved by the Section 13. Decree of Adoption. If, after the publication of the order
Department. of hearing has been complied with, and no opposition has been
Section 12. Supervised Trial Custody. No petition for adoption shall interposed to the petition, and after consideration of the case
be finally granted until the adopter(s) has been given by the court a studies, the qualifications of the adopter(s), trial custody report and
supervised trial custody period for at least six (6) months within the evidence submitted, the court is convinced that the petitioners
which the parties are expected to adjust psychologically and are qualified to adopt, and that the adoption would redound to the
emotionally to each other and establish a bonding relationship. best interest of the adoptee, a decree of adoption shall be entered
During said period, temporary parental authority shall be vested in which shall be effective as of the date the original petition was filed.
the adopter(s). This provision shall also apply in case the petitioner(s) dies before
The court may motu proprio or upon motion of any party reduce the the issuance of the decree of adoption to protect the interest of the
trial period if it finds the same to be in the best interest of the adoptee. The decree shall state the name by which the child is to be
adoptee, stating the reasons for the reduction of the period. known.
However, for alien adopter(s), he/she must complete the six (6)-

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An adoption decree, once issued, cannot be collaterally attacked. adoption cases in the files of the court, the Department, or any other
The adoption decree shall be effective as of the date the original agency or institution participating in the adoption proceedings shall
petition was filed (yes, will retroact). be kept strictly confidential.
It shall be the duty of the interested parties or petitioners to If the court finds that the disclosure of the information to a third
register the decree in the LCR of the municipality where the person is necessary for purposes connected with or arising out of the
decree is issued. adoption and will be for the best interest of the adoptee, the court
It shall be the duty of the clerk of court which issued the decree to may merit the necessary information to be released, restricting the
ascertain whether the same has been registered, and if this has not purposes for which it may be used.
been done, to send a copy of said decree to the civil registry of the REASON FOR CONFIDENTIALITY: Protect the rights and interest
city or municipality where the court is functioning of the natural parents, the adopters and the adoptees. Supposedly,
An adopted child can use, as her middle name, the surname of her for a fresh start for everyone. So that the child is insulated from
biological mother who was not married to her biological father- the natural parents and for the latter to be protected as well from
adopter. intrusion of the child later on.

Section 14. Civil Registry Record. An amended certificate of birth article v

shall be issued by the Civil Registry, as required by the Rules of effects of adoption
Court, attesting to the fact that the adoptee is the child of the Section 16. Parental Authority. Except in cases where the biological
adopter(s) by being registered with his/her surname. The original parent is the spouse of the adopter, all legal ties between the
certificate of birth shall be stamped "cancelled" with the annotation biological parent(s) and the adoptee shall be severed and the same
of the issuance of an amended birth certificate in its place and shall shall then be vested on the adopter(s).
be sealed in the civil registry records. The new birth certificate to be The reason for the exception is the general rule that parents have
issued to the adoptee shall not bear any notation that it is an joint parental authority over their common children
amended issue. Section 17. Legitimacy. The adoptee shall be considered the
Upon the finality of the adoption decree, the surname of the legitimate son/daughter of the adopter(s) for all intents and
adopted shall be changed to the surname of the adopter. The purposes and as such is entitled to all the rights and obligations
original birth certificate of the adoptee shall be canceled and provided by law to legitimate sons/daughters born to them without
replaced by a new one without any indication or annotation that discrimination of any kind. To this end, the adoptee is entitled to
the same is an amended issue. The reason for this is to preserve love, guidance, and support in keeping with the means of the family.
the confidentiality of the adoption process. Upon the death of the adoptive parents, there are no rights or
Section 15. Confidential Nature of Proceedings and Records. All duties re-established in the natural parents. Nor does the childs
hearings in adoption cases shall be confidential and shall not be coming of age or his or her subsequent marriage affect his or her
open to the public. All records, books, and papers relating to the status as an adopted child.
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It must also be emphasized that the relation established by the maltreatment by the adopter(s) despite having undergone
adoption is limited to the adopting parents and does not extend to counseling; (b) attempt on the life of the adoptee; (c) sexual assault
their other relatives, except as expressly provided by law. or violence; or (d) abandonment and failure to comply with parental
o Thus, the children of the adopted are not descendants of obligations.
the adopted. Adoption, being in the best interest of the child, shall not be subject
to rescission by the adopter(s). However, the adopter(s) may
Section 18. Succession. In legal and intestate succession, the disinherit the adoptee for causes provided in Article 919 of the Civil
adopter(s) and the adoptee shall have reciprocal rights of succession Code.
without distinction from legitimate filiation. However, if the adoptee RESCISSION: Only the adoptee has standing to rescind an
and his/her biological parent(s) had left a will, the law on adoption decree. If the adoptee is a minor (including 18 year olds),
testamentary succession shall govern. he or she shall be assisted by the DSWD.
Between the adopter and the adoptee, the latter is considered a o Persons over 18 years of age can file rescission for
legitimate child for purposes of succession. themselves, except those who are incapacitated. The latter
The biological parents will not get anything from the adoptee via shall still be assisted by the DSWD.
intestate succession. (Of course, testate succession is different. Rescission contemplates a situation where the adoption decree is
The adoptee can give the free portion to his biological parents) valid up to the time of its termination.
There is no right of representation for both the adopter and the MALTREATMENT: Repeated physical and verbal maltreatment
adoptee as their relationship exists only between them. by the adopter(s) despite having undergone counseling is a
o So adoptee cannot inherit from the parent of the adopter ground for rescission.
nor can the latter inherit from the adoptees descendants The ground connotes the incorrigible nature of the adopters
o Right of representation is conferred by statute and our character considering that, having undergone counseling, the
adoption laws do not confer such right. adopter still continues to maltreat the adopted in such tormenting
Preterition is applicable to adopted children vis--vis the and injurious manner.
adopters last will and testament. ATTEMPT ON LIFE: Because criminal, obviously.
SEXUAL ASSAULT OR VIOLENCE: Well, same. Also, sexual assault
article vi causes highly detrimental psychological trauma which can linger
rescission of adoption for a long period of time and may even have an effect on character
Section 19. Grounds for Rescission of Adoption. Upon petition of the of the adopted. So you dont deserve to be an adopter anymore
adoptee, with the assistance of the Department if a minor or if over after that, bleh!
eighteen (18) years of age but is incapacitated, as guardian/counsel, ABANDONMENT: Because this negates the purpose of adoption.
the adoption may be rescinded on any of the following grounds The adopter is supposed to provide parental guidance, which in
committed by the adopter(s): (a) repeated physical and verbal this case, he or she fails to do.
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DISINHERITANCE OF ADOPTEE: While the adopter cannot (P200,000.00) at the discretion of the court shall be imposed on any
rescind an adoption, he or she is given the right to disinherit an person who shall commit any of the following acts:
adoptee Disinheritance can be effected only through a will (i) obtaining consent for an adoption through coercion,
wherein the legal cause therefor shall be specified. The grounds undue influence, fraud, improper material inducement, or
are enumerated in Art. 919 of the Civil Code. other similar acts;
If the adoptee has given rise to a legal cause for disinheritance, a (ii) non-compliance with the procedures and safeguards
subsequent reconciliation between him and the adopter deprives provided by the law for adoption; or
the adopter of the right to disinherit, and renders ineffectual any (iii) subjecting or exposing the child to be adopted to danger,
disinheritance that may have been made. abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth
Section 20. Effects of Rescission. If the petition is granted, the of a child under the name(s) of a person(s) who is not his/her
parental authority of the adoptee's biological parent(s), if known, or biological parent(s) shall be guilty of simulation of birth, and shall
the legal custody of the Department shall be restored if the adoptee be punished by prision mayor in its medium period and a fine not
is still a minor or incapacitated. The reciprocal rights and exceeding Fifty thousand pesos (P50,000.00).
obligations of the adopter(s) and the adoptee to each other shall be Any physician or nurse or hospital personnel who, in violation of
extinguished. his/her oath of office, shall cooperate in the execution of the
The court shall order the Civil Registrar to cancel the amended abovementioned crime shall suffer the penalties herein prescribed
certificate of birth of the adoptee and restore his/her original birth and also the penalty of permanent disqualification.
certificate. Any person who shall violate established regulations relating to the
Succession rights shall revert to its status prior to adoption, but only confidentiality and integrity of records, documents, and
as of the date of judgment of judicial rescission. Vested rights communications of adoption applications, cases, and processes shall
acquired prior to judicial rescission shall be respected. suffer the penalty of imprisonment ranging from one (1) year and
All the foregoing effects of rescission of adoption shall be without one (1) day to two (2) years, and/or a fine of not less than Five
prejudice to the penalties imposable under the Penal Code if the thousand pesos (P5,000.00) but not more than Ten thousand pesos
criminal acts are properly proven. (P10,000.00), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the
article vii consummated offense under this Article shall be imposed upon the
violations and penalties principals of the attempt to commit any of the acts herein
Section 21. Violations and Penalties. (a) The penalty of enumerated. Acts punishable under this Article, when committed by
imprisonment ranging from six (6) years and one (1) day to twelve a syndicate or where it involves two (2) or more children shall be
(12) years and/or a fine not less than Fifty thousand pesos considered as an offense constituting child trafficking and shall
(P50,000.00), but not more than Two hundred thousand pesos merit the penalty of reclusion perpetua.

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Acts punishable under this Article are deemed committed by a article viii
syndicate if carried out by a group of three (3) or more persons final provisions
conspiring and/or confederating with one another in carrying out Section 23. Adoption Resource and Referral Office. There shall be
any of the unlawful acts defined under this Article. Penalties as are established an Adoption Resources and Referral Office under the
herein provided, shall be in addition to any other penalties which Department with the following functions: (a) monitor the existence,
may be imposed for the same acts punishable under other laws, number, and flow of children legally available for adoption and
ordinances, executive orders, and proclamations. prospective adopter(s) so as to facilitate their matching; (b)
When the offender is an alien, he/she shall be deported immediately maintain a nationwide information and educational campaign on
after service of sentence and perpetually excluded from entry to the domestic adoption; (c) keep records of adoption proceedings; (d)
country. generate resources to help child-caring and child-placing agencies
Any government official, employee or functionary who shall be and foster homes maintain viability; and (e) do policy research in
found guilty of violating any of the provisions of this Act, or who shall collaboration with the Intercountry Adoption Board and other
conspire with private individuals shall, in addition to the above- concerned agencies. The office shall be manned by adoption experts
prescribed penalties, be penalized in accordance with existing civil from the public and private sectors.
service laws, rules and regulations: Provided, That upon the filing of [PROCEDURAL RULE ON ADOPTION, A.M. No. 02-6-02-SC] pages 747-
a case, either administrative or criminal, said government official, 762
employee, or functionary concerned shall automatically suffer
suspension until the resolution of the case.
Section 22. Rectification of Simulated Births. A person who has,
inter-country adoption
prior to the effectivity of this Act, simulated the birth of a child shall Inter-country adoption refers to the socio-legal process of adopting a
not be punished for such act: Provided, That the simulation of birth Filipino child by (1) a foreign national or (2) a Filipino citizen
was made for the best interest of the child and that he/she has been permanently residing abroad where the petition for adoption is filed, the
consistently considered and treated by that person as his/her own supervised trial custody is undertaken, and the decree of adoption is
son/daughter: Provided, further, That the application for correction issued in the foreign country where the applicant resides, thereby
of the birth registration and petition for adoption shall be filed creating a permanent parent-child relationship between the child and the
within five (5) years from the effectivity of this Act and completed adoptive parents.
thereafter: Provided, finally, That such person complies with the
procedure as specified in Article IV of this Act and other REPUBLIC ACT NO. 8043
requirements as determined by the Department. AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY
NON-LIABILITY FOR SIMULATING BIRTHS: The reason for non- ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER PURPOSES.
liability is the absence of criminal intent of the simulator.

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ARTICLE I (f) Legally-free child means a child who has been voluntarily or
GENERAL PROVISIONS involuntarily committed to the Department, in accordance with
Section 1. Short Title. This Act shall be known as the "Inter- the Child and Youth Welfare Code.
Country Adoption Act of 1995." (g) Matching refers to the judicious pairing of the adoptive child and
Sec. 2. Declaration of Policy. It is hereby declared the policy of the the applicant to promote a mutually satisfying parent-child
State to provide every neglected and abandoned child with a family relationship.
that will provide such child with love and care as well as (h) Board refers to the Inter-country Adoption Board.
opportunities for growth and development. Towards this end,
efforts shall be exerted to place the child with an adoptive family in ARTICLE II
the Philippines. However, recognizing that inter-country adoption THE INTER-COUNTRY ADOPTION BOARD
may be considered as allowing aliens not presently allowed by law Sec. 4. The Inter-Country Adoption Board. There is hereby created
to adopt Filipino children if such children cannot be adopted by the Inter-Country Adoption Board, hereinafter referred to as the
qualified Filipino citizens or aliens, the State shall take measures to Board to act as the central authority in matters relating to inter-
ensure that inter-country adoptions are allowed when the same country adoption. It shall act as the policy-making body for purposes
shall prove beneficial to the child's best interests, and shall serve of carrying out the provisions of this Act, in consultation and
and protect his/her fundamental rights. coordination with the Department, the different child-care and
Sec. 3. Definition of Terms. As used in this Act. the term: placement agencies, adoptive agencies, as well as non-governmental
(a) Inter-country adoption refers to the socio-legal process of organizations engaged in child-care and placement activities. As
adopting a Filipino child by a foreigner or a Filipino citizen such, it shall:
permanently residing abroad where the petition is filed, the (a) Protect the Filipino child from abuse, exploitation, trafficking
supervised trial custody is undertaken, and the decree of adoption is and/or sale or any other practice in connection with adoption which
issued outside the Philippines. is harmful, detrimental, or prejudicial to the child;
(b) Child means a person below fifteen (15) years of age unless (b) Collect, maintain, and preserve confidential information about
sooner emancipated by law. the child and the adoptive parents;
(c) Department refers to the Department of Social Welfare and (c) Monitor, follow up, and facilitate completion of adoption of the
Development of the Republic of the Philippines. child through authorized and accredited agency;
(d) Secretary refers to the Secretary of the Department of Social (d) Prevent improper financial or other gain in connection with an
Welfare and Development. adoption and deter improper practices contrary to this Act;
(e) Authorized and accredited agency refers to the State welfare (e) Promote the development of adoption services including post-
agency or a licensed adoption agency in the country of the adopting legal adoption;
parents which provide comprehensive social services and which is (f) License and accredit child-caring/placement agencies and
duly recognized by the Department. collaborate with them in the placement of Filipino children;

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(g) Accredit and authorize foreign adoption agency in the placement (e) to determine the form and contents of the application for inter-
of Filipino children in their own country; and country adoption;
(h) Cancel the license to operate and blacklist the child-caring and (g) to institute systems and procedures to prevent improper
placement agency or adoptive agency involved from the financial gain in connection with adoption and deter improper
accreditation list of the Board upon a finding of violation of any practices which are contrary to this Act;
provision under this Act. (h) to promote the development of adoption services, including
Sec. 5. Composition of the Board. The Board shall be composed of post-legal adoption services,
the Secretary of the Department as ex officio Chairman, and six (6) (i) to accredit and authorize foreign private adoption agencies which
other members to be appointed by the President for a nonrenewable have demonstrated professionalism, competence and have
term of six (6) years: Provided, That there shall be appointed one (1) consistently pursued non-profit objectives to engage in the
psychiatrist or psychologist, two (2) lawyers who shall have at least placement of Filipino children in their own country: Provided, That
the qualifications of a regional trial court judge, one (1) registered such foreign private agencies are duly authorized and accredited by
social worker and two (2) representatives from non-governmental their own government to conduct inter-country adoption: Provided,
organizations engaged in child-caring and placement activities. The however, That the total number of authorized and accredited foreign
members of the Board shall receive a per diem allowance of One private adoption agencies shall not exceed one hundred (100) a
thousand five hundred pesos (P1,500) for each meeting attended by year;
them: Provided, further, That no compensation shall be paid for (j) to take appropriate measures to ensure confidentiality of the
more than four (4) meetings a month. records of the child, the natural parents and the adoptive parents at
all times;
Sec. 6. Powers and Functions of the Board. The Board shall have (k) to prepare, review or modify, and thereafter, recommend to the
the following powers and functions: Department of Foreign Affairs, Memoranda of Agreement respecting
(a) to prescribe rules and regulations as it may deem reasonably inter-country adoption consistent with the implementation of this
necessary to carry out the provisions of this Act, after consultation Act and its stated goals, entered into, between and among foreign
and upon favorable recommendation of the different agencies governments, international organizations and recognized
concerned with the child-caring, placement, and adoption; international non-governmental organizations;
(b) to set the guidelines for the convening of an Inter-country (l) to assist other concerned agencies and the courts in the
Adoption Placement Committee which shall be under the direct implementation of this Act, particularly as regards coordination
supervision of the Board; with foreign persons, agencies and other entities involved in the
(c) to set the guidelines for the manner by which selection/matching process of adoption and the physical transfer of the child; and
of prospective adoptive parents and adoptive child can be made; (m) to perform such other functions on matters relating to inter-
(d) to determine a reasonable schedule of fees and charges to be country adoption as may be determined by the President.
exacted in connection with the application for adoption;

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ARTICLE III (c) has the capacity to act and assume all rights and responsibilities
PROCEDURE of parental authority under his national laws, and has undergone the
Sec. 7. Inter-Country Adoption as the Last Resort. The Board shall appropriate counseling from an accredited counselor in his/her
ensure that all possibilities for adoption of the child under country;
the Family Code have been exhausted and that inter-country (d) has not been convicted of a crime involving moral turpitude;
adoption is in the best interest of the child. Towards this end, the (e) is eligible to adopt under his/her national law;
Board shall set up the guidelines to ensure that steps will be taken (f) is in a position to provide the proper care and support and to give
to place the child in the Philippines before the child is placed for the necessary moral values and example to all his children, including
inter-country adoption: Provided, however, That the maximum the child to be adopted;
number that may be allowed for foreign adoption shall not exceed (g) agrees to uphold the basic rights of the child as embodied under
six hundred (600) a year for the first five (5) years. Philippine laws, the U.N. Convention on the Rights of the Child, and
to abide by the rules and regulations issued to implement the
Sec. 8. Who May be Adopted. Only a legally free child may be the provisions of this Act;
subject of inter-country adoption. In order that such child may be (h) comes from a country with whom the Philippines has diplomatic
considered for placement, the following documents must be relations and whose government maintains a similarly authorized
submitted to the Board: and accredited agency and that adoption is allowed under his/her
(a)Child study; national laws; and
(b)Birth certificate/foundling certificate; (i) possesses all the qualifications and none of the disqualifications
(c)Deed of voluntary commitment/decree of abandonment/death provided herein and in other applicable Philippine laws.
certificate of parents; If a married person decides to adopt, he or she is obliged to jointly
(d)Medical evaluation /history; adopt with his or her spouse. The spouse shall possess the same
(e)Psychological evaluation, as necessary; and qualifications.
(f)Recent photo of the child.
Sec. 10. Where to File Application. An application to adopt a
Sec. 9. Who May Adopt. An alien or a Filipino citizen permanently Filipino child shall be filed either with the Philippine Regional Trial
residing abroad may file an application for inter-country adoption of Court having jurisdiction over the child, or with the Board, through
a Filipino child if he/she: an intermediate agency, whether governmental or an authorized
(a) is at least twenty-seven (27) years of age and at least sixteen (16) and accredited agency, in the country of the prospective adoptive
years older than the child to be adopted, at the time of application parents, which application shall be in accordance with the
unless the adopter is the parent by nature of the child to be adopted requirements as set forth in the implementing rules and regulations
or the spouse of such parent: to be promulgated by the Board.
(b) if married, his/her spouse must jointly file for the adoption;

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The application shall be supported by the following documents (a) The cost of bringing the child from the Philippines to the
written and officially translated in English. residence of the applicant(s) abroad, including all travel expenses
(a) Birth certificate of applicant(s); within the Philippines and abroad; and
(b) Marriage contract, if married, and divorce decree, if applicable; (b) The cost of passport, visa, medical examination and
(c) Written consent of their biological or adoptive children above ten psychological evaluation required, and other related expenses.
(10) years of age, in the form of sworn statement; Sec. 13. Fees, Charges and Assessments. Fees, charges, and
(d) Physical, medical and psychological evaluation by a duly licensed assessments collected by the Board in the exercise of its functions
physician and psychologist; shall be used solely to process applications for inter-country
(e) Income tax returns or any document showing the financial adoption and to support the activities of the Board.
capability of the applicant(s); Sec. 14. Supervision of Trial Custody. The governmental agency or
(f) Police clearance of applicant(s); the authorized and accredited agency in the country of the adoptive
(g) Character reference from the local church/minister, the parents which filed the application for inter-country adoption shall
applicant's employer and a member of the immediate community be responsible for the trial custody and the care of the child. It shall
who have known the applicant(s) for at least five (5) years; and also provide family counseling and other related services. The trial
(h) Recent postcard-size pictures of the applicant(s) and his custody shall be for a period of six (6) months from the time of
immediate family; placement. Only after the lapse of the period of trial custody shall a
The Rules of Court shall apply in case of adoption by judicial decree of adoption be issued in the said country a copy of which shall
proceedings. be sent to the Board to form part of the records of the child.
Sec. 11. Family Selection/Matching. No child shall be matched to a During the trial custody, the adopting parent(s) shall submit to the
foreign adoptive family unless it is satisfactorily shown that the child governmental agency or the authorized and accredited agency,
cannot be adopted locally. The clearance, as issued by the Board, which shall in turn transmit a copy to the Board, a progress report of
with the copy of the minutes of the meetings, shall form part of the the child's adjustment. The progress report shall be taken into
records of the child to be adopted. When the Board is ready to consideration in deciding whether or not to issue the decree of
transmit the Placement Authority to the authorized and accredited adoption.
inter-country adoption agency and all the travel documents of the The Department of Foreign Affairs shall set up a system by which
child are ready, the adoptive parents, or any one of them, shall Filipino children sent abroad for trial custody are monitored and
personally fetch the child in the Philippines. checked as reported by the authorized and accredited inter-country
Matching refers to the judicious pairing of the applicant and the adoption agency as well as the repatriation to the Philippines of a
child to promote a mutually satisfying parent-child relationship. Filipino child whose adoption has not been approved.
Sec. 15. Executive Agreements. The Department of Foreign Affairs,
Sec. 12. Pre-adoptive Placement Costs. The applicant(s) shall bear upon representation of the Board, shall cause the preparation of
the following costs incidental to the placement of the child; Executive Agreements with countries of the foreign adoption

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agencies to ensure the legitimate concurrence of said countries in A penalty lower by two (2) degrees than that prescribed for the
upholding the safeguards provided by this Act. consummated felony under this Article shall be imposed upon the
principals of the attempt to commit any of the acts herein
ARTICLE IV enumerated.
PENALTIES Acts punishable under this Article, when committed by a syndicate
Sec. 16. Penalties. (a) Any person who shall knowingly participate or where it involves two or more children shall be considered as an
in the conduct or carrying out of an illegal adoption, in violation of offense constituting child trafficking and shall merit the penalty of
the provisions of this Act, shall be punished with a penalty of reclusion perpetua.
imprisonment ranging from six (6) years and one (1) day to twelve Acts punishable under this Article are deemed committed by a
(12) years and/or a fine of not less than Fifty thousand pesos syndicate if carried out by a group of three (3) or more persons
(P50,000), but not more than Two hundred thousand pesos conspiring and/or confederating with one another in carrying out
(P200.000), at the discretion of the court. For purposes of this Act, any of the unlawful acts defined under this Article. Penalties as are
an adoption is illegal if it is effected in any manner contrary to the herein provided shall be in addition to any other penalties which
provisions of this Act or established State policies, its implementing may be imposed for the same acts punishable under other laws,
rules and regulations, executive agreements, and other laws ordinances, executive orders, and proclamations.
pertaining to adoption. Illegality may be presumed from the Sec. 17. Public Officers as Offenders. Any government official,
following acts: employee or functionary who shall be found guilty of violating any of
(1) consent for an adoption was acquired through, or attended by the provisions of this Act, or who shall conspire with private
coercion, fraud, improper material inducement; individuals shall, in addition to the above-prescribed penalties, be
(2) there is no authority from the Board to effect adoption; penalized in accordance with existing civil service laws, rules and
(3) the procedures and safeguards placed under the law for adoption regulations: Provided, That upon the filing of a case, either
were not complied with; and administrative or criminal, said government official, employee or
(4) the child to be adopted is subjected to, or exposed to danger, functionary concerned shall automatically suffer suspension until
abuse and exploitation. the resolution of the case.
(b) Any person who shall violate established regulations relating to
the confidentiality and integrity of records, documents and
communications of adoption applications, cases and processes shall
suffer the penalty of imprisonment ranging from one (1) year and
one (1) day to two (2) years, and/or a fine of not less than Five
thousand pesos (P5,000), but not more than Ten thousand pesos
(P10,000), at the discretion of the court.

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