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Halila Sudagar
Who will adopt? But under RA 8043, aliens or Filipinos The same hold true with RA 8552.
Under the Family Code, Filipinos permanently residing abroad at least - Under the Family Code and the
with full civil capacity and legal rights. 27 years of age. Domestic Adoption Act, at least
- Under the Family Code and the - Here (RA 8043), the prospective 16 years older. There is no age
Domestic Adoption Act, at least adoptive parent, whether a set
16 years older. There is no age foreigner or a Filipino
set permanently residing abroad,
must be at least, not only 16
years older, but at least 27 years
of age.
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Halila Sudagar
Under the Family Code, aliens are But under RA 8552, aliens are already
generally not qualified to adopt, qualified to adopt subject to
subject to certain exceptions. Under requirement that must be living (in the
Article 184, paragraph 3: Philippines) for 3 continuous years
prior to the filing of the petition for
ARTICLE 184. The following persons adoption and maintaining such
may not adopt: xxx residence until the decree is entered.
(3) An alien, except; The exception to that requirement
(a) A former Filipino citizen who of 3-year continuous residency are the
seeks to adopt a relative by following:
consanguinity; a. a former Filipino citizen who
(b) One who seeks to adopt the seeks to adopt a relative within
legitimate child of his or her the 4th degree of consanguinity
Filipino spouse; or or affinity
(c) One who is married to a Filipino Under the Family Code, it
citizen and seeks to adopt jointly with merely says consanguinity.
his or her spouse a relative by Here, it includes a relative by
consanguinity of the latter. affinity up to the 4th degree
Aliens not included in the foregoing b. one who seeks to adopt the
exceptions may adopt Filipino children legitimate child of his Filipino
in accordance with the rules on inter- spouse
country adoption as may be provided c. If one is married to a Filipino
by law. citizen and seeks to adopt
jointly with his/her spouse a
relative a relative within the 4th
degree of consanguinity or
affinity of the Filipino spouse.
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Halila Sudagar
Who will be adopted? Under RA 8043, only a legally free In Domestic Adoption Act, any person
(Family Code) The general rule is child. Child under RA 8043 means below 18 administratively or judicially
only minors, subject to certain below 15 years of age. So, 14 or declared available for adoption. Those
exceptions: below. may be adopted.
a. Child by nature - But here (RA 8043), the child is - In both laws, the Family Code
b. The person had been a child below 15 years of age. and the Domestic Adoption Act,
consistently treated by the adopter as minors
his/her own child during
minority.
- In both laws, the Family Code and
the Domestic Adoption Act, minors
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Halila Sudagar
Who shall give consent in writing? But in RA 8043, this requires that the Who shall give consent in writing?
The same provision found in the written consent must be in the form of The same provision found in the
Family Code is provided for under the a sworn statement. The consent of the Family Code is provided for under the
Domestic Adoption Act. The consent is children above 10 years of age must Domestic Adoption Act. The consent is
only in writing both in the Family be in the form of a sworn statement. only in writing both in the Family
Code and RA 8552. Code and RA 8552.
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Halila Sudagar
Where the petition shall be filed? In RA 8043, it can be filed here in the In both cases in Family Code as well
Philippines before the Family Court or as RA 8552, with the Family Court.
In both cases in Family Code as with the Inter-Country Adoption Board,
well as RA 8552, with the Family through an intermediate agency in the
Court. country of the prospective parent.
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Halila Sudagar
One of the provisions under the Family Section 18 of RA 8552 does not give the
Code on Adoption, which according to adopter the right of representation
most authors, has not been carried over to because it does not involve a reciprocal
RA 8552 is Article 190. right between a parent and a child. There
Article 190 refers to the adopted child is no right of representation.
dying intestate. So, how shall the estate
of the adopted child be partitioned? RA 8552 SECTION 18.
Succession. In legal and intestate
ARTICLE 190. Legal or intestate succession, the adopter(s) and the
succession to the estate of the adopted adoptee shall have reciprocal rights of
shall be governed by the following rules: succession without distinction from
(1) Legitimate and illegitimate children legitimate filiation. However, if the adoptee
and descendants and the surviving and his/her biological parent(s) had left a
spouse of the adopted shall inherit will, the law on testamentary succession
from the adopted, in accordance with shall govern.
the ordinary rules of legal or intestate
succession;
(2) When the parents, legitimate or
illegitimate, or the legitimate ascendants
of the adopted concur with the adopters,
they shall divide the entire estate,
one-half to be inherited by the parents or
ascendants and the other half, by the
adopters;
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