FURTHER EXCEPTIONS FOR THE ADOPTER:

(ALIEN SPOUSE OF THE BIOLOGICAL MOTHER OF THE ADOPTED):

1. 16-year difference between the age of the adopter and adoptee:

Section 4, Adoption Rule of 2002:

The requirement of a 16-year difference between the age of the

adopter and adoptee may be waived when the adopter is the
biological parent of the adoptee or is the spouse of the
adoptees parent

2. At least 3 continuous years of residency in the Philippines & certification to

adopt:

Section 4 (2), Adoption Rule of 2002 (also in Section 7 of the same) :

That the requirements on residency and certification of the

aliens qualification to adopt in his country may be waived for
the following:

(i) a former Filipino citizen who seeks to adopt a relative

within the fourth (4th) degree of consanguinity or
affinity; or
(ii) one who seeks to adopt the legitimate child of his
Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks
to adopt jointly with his spouse a relative within
the fourth (4th) degree of consanguinity or affinity
of the Filipino spouse.

3. Supervised Trial Custody

Section 15, Adoption Rule 2002 (also in Section 12 of RA 8552):

An alien adopter however must complete the 6-month trial

custody except the following:

a) a former Filipino citizen who seeks to adopt a relative

within the fourth (4th) degree of consanguinity or
affinity; or
b) one who seeks to adopt the legitimate child of his
Filipino spouse; or
c) one who is married to a Filipino citizen and seeks
to adopt jointly with his or her spouse the latters
relative within the fourth (4th) degree of
consanguinity or affinity.
ON THE LEGAL IMPORT OF ABANDONED vis--vis
the CONSENT of the NATURAL FATHER:

If the natural father, being an absentee, appears to have abandoned the child,
the Supreme Court has held that the consent of the biological parent is not an
absolute requisite such as when the natural parents have abandoned their children,
consent by the guardian ad litem suffices (Santos versus Aranzanso G.R. No. L-23828.
February 28, 1966). If this is the case, then the natural fathers consent may be
dispensed with.

In the Resolution of the Motion for Reconsideration in Santos v Aranzenso

(supra), the Supreme Court said:

Abandonment under persuasive American rulings imports "any

conduct on the part of the parent which evinces a settled purpose to
forgo all parental duties and relinquish all parental claims to the
child". It means "neglect or refusal to perform the natural and legal
obligations of care and support which parents owe to their children." (2 Am.
Jur. 2d, Adoption, Sec. 32, pp. 886-887.)

Negligent and careless failure to perform the duties of parenthood is a

significant element of abandonment, regardless of actual intention.
(Emmons v. Dinelli, 235 Ind. 249, 133 NE 2d 56.) And as to the element of
time, far from being immaterial, it is recognized that: "A strong basis for a
finding of the parents' abandonment of his or her child is found in the
case where the parent has left the child permanently or indefinitely in
the care of others, given it to another, or surrendered it entirely." (2
Am. Jur. 2d, 888; Emphasis supplied.)

Furthermore the Supreme Court said:

"A parent who withholds his presence, his love, his care, and the opportunity
to display filial affection, and neglects to lend support and maintainance,
relinquishes all parental claim and abandons the child." 3 Such elements of
abandonment are what the findings of the adoption court, abovementioned,
amount to.

For purposes of the adoption proceedings, in order to forego with the

requisite consent of the natural father who is an absentee, it must be shown that he
has abandoned his child, based on the above-cited legal import of the term.

To be sure and as may be necessary for the adoption proceedings, a judicial

declaration of abandonment may be filed before the Court in order to have judicial
declaration of abandonment of the natural father, as provided in Article 229 of the
Family Code, to wit:
Unless subsequently revived by a final judgment, the parental authority also
terminates:
(3) upon judicial declaration of abandonment of the child in a case filed
for the purpose.