RA 8552 IIR
Section 7. Who May Adopt. The following may
adopt:
(a) Any Filipino citizen of legal age, in possession
of full civil capacity and legal rights, of good
moral character, has not been convicted of any
crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at
least sixteen (16) years older than the adoptee,
and who is in a position to support and care for
his/her children in keeping with the means of the
family.
The requirement of sixteen (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
adoptee's parent;
(b) Any alien possessing the same qualifications
as above stated for Filipino nationals: Provided,
That his/her country has diplomatic relations
with the Republic of the Philippines, that he/she
has been living in the Philippines for at least
three (3) continuous years prior to the filing of
the application for adoption and maintains such
residence until the adoption decree is entered,
that he/she has been certified by his/her
diplomatic or consular office or any appropriate
government agency that he/she has the legal
capacity to adopt in his/her country, and that
his/her government allows the adoptee to enter
his/her country as his/her adopted
son/daughter: Provided, Further, That the
requirements on residency and certification of
the alien's qualification to adopt in his/her
country may be waived for the following:
FAMILY CODE
Art. 183. A person of age and in possession of full
civil capacity and legal rights may adopt, provided
he is in a position to support and care for his
children, legitimate or illegitimate, in keeping
with the means of the family.
Only minors may be adopted, except in the cases
when the adoption of a person of majority age is
allowed in this Title.
In addition, the adopter must be at least sixteen
years older than the person to be adopted,
unless the adopter is the parent by nature of
the adopted, or is the spouse of the legitimate
parent of the person to be adopted. (27a, E. O. 91
and PD 603)
Art. 184. The following persons may not
adopt:
(1) The guardian with respect to the ward prior to
the approval of the final accounts rendered upon
the termination of their guardianship relation;
(2) Any person who has been convicted of a
crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a
relative by consanguinity;
(b) One who seeks to adopt the legitimate child
of his or her Filipino spouse; or
(c) One who is married to a Filipino citizen and
seeks to adopt jointly with his or her spouse a
relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions
may adopt Filipino children in accordance with
the rules on inter-country adoptions as may be
provided by law. (28a, E. O. 91 and PD 603)
(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
son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and
seeks to adopt jointly with his/her spouse a
relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after
the termination of the guardianship and
clearance of his/her financial accountabilities.

Husband and wife shall jointly adopt, except in
the following cases:
(i) if one spouse seeks to adopt the legitimate
son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own
illegitimate son/daughter: Provided, However,
that the other spouse has signified his/her
consent thereto; or
(iii) if the spouses are legally separated from each
other.
Art. 185. Husband and wife must jointly adopt,
except in the following cases:
(1) When one spouse seeks to adopt his own
illegitimate child; or
(2) When one spouse seeks to adopt the
legitimate child of the other. (29a, E. O. 91 and
PD 603)

In case husband and wife jointly adopt, or one
spouse adopts the illegitimate
son/daughter of the other, joint parental
authority shall be exercised by the spouses.
Art. 186. In case husband and wife jointly adopt
or one spouse adopts the legitimate child of
the other, joint parental authority shall be
exercised by the spouses in accordance with this
Code. (29a, E. O. and PD 603)

Section 8. Who May Be Adopted. The
following may be adopted:
(a) Any person below eighteen (18) years of age
who has been administratively or judicially
declared available for adoption;
(b) The legitimate son/daughter of one spouse by
the other spouse;
(c) An illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy;
(d) A person of legal age if, prior to the adoption,
said person has been consistently considered and
treated by the adopter(s) as his/her own child
since minority;
(e) A child whose adoption has been previously
rescinded; or
Art. 187. The following may not be adopted:
(1) A person of legal age,unless he or she is a
child by nature of the adopter or his or her
spouse, or, prior to the adoption, said person has
been consistently considered and treated by the
adopter as his or her own child during minority.
(2) An alien with whose government the Republic
of the Philippines has no diplomatic relations;
and
(3) A person who has already been adopted
unless such adoption has been previously
revoked or rescinded. (30a, E. O. 91 and PD 603)
(f) A child whose biological or adoptive parent(s)
has died: Provided, That no proceedings shall be
initiated within six (6) months from the time of
death of said parent(s).
Section 9. Whose Consent is Necessary to the
Adoption. After being properly counseled and
informed of his/her right to give or withhold
his/her approval of the adoption, the written
consent of the following to the adoption is
hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known,
or the legal guardian, or the proper government
instrumentality which has legal custody of the
child;
(c) The legitimate and adopted sons/daughters,
ten (10) years of age or over, of the adopter(s)
and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10)
years of age or over, of the adopter if living with
said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or
to be adopted.
Section 16. Parental Authority. Except in cases
where the biological parent is the spouse of the
adopter, all legal ties between the biological
parent(s) and the adoptee shall be severed and
the same shall then be vested on the adopter(s).
Section 17. Legitimacy. The adoptee shall be
considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as
such is entitled to all the rights and obligations
provided by law to legitimate sons/daughters
born to them without discrimination of any kind.
To this end, the adoptee is entitled to love,
guidance, and support in keeping with the means
of the family.
Art. 188. The written consent of the following to
the adoption shall be necessary:
(1) The person to be adopted, if ten years of age
or over,
(2) The parents by nature of the child, the legal
guardian, or the proper government
instrumentality;
(3) The legitimate and adopted children, ten
years of age or over, of the adopting parent or
parents;
(4) The illegitimate children, ten years of age or
over, of the adopting parent, if living with said
parent and the latter's spouse, if any; and
(5) The spouse, if any, of the person adopting or
to be adopted. (31a, E. O. 91 and PD 603)
Art. 189. Adoption shall have the following
effects:
(1) For civil purposes, the adopted shall be
deemed to be a legitimate child of the adopters
and both shall acquire the reciprocal rights and
obligations arising from the relationship of parent
and child, including the right of the adopted to
use the surname of the adopters;
(2) The parental authority of the parents by
nature over the adopted shall terminate and be
vested in the adopters, except that if the

Section 18. Succession. In legal and intestate
succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without
distinction from legitimate filiation. However, if
the adoptee and his/her biological parent(s) had
left a will, the law on testamentary succession
shall govern.
adopter is the spouse of the parent by nature of
the adopted, parental authority over the adopted
shall be exercised jointly by both spouses; and
(3) The adopted shall remain an intestate heir of
his parents and other blood relatives. (39(1)a,
(3)a, PD 603)
Art. 190. Legal or intestate succession to the
estate of the adopted shall be governed by the
following rules:
(1) Legitimate and illegitimate children and
descendants and the surviving spouse of the
adopted shall inherit from the adopted, in
accordance with 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 adopter, they shall divide the
entire estate, one-half to be inherited by the
parents or ascendants and the other half, by the
adopters;
(3) When the surviving spouse or the illegitimate
children of the adopted concur with the
adopters, they shall divide the entire estate in
equal shares, one-half to be inherited by the
spouse or the illegitimate children of the adopted
and the other half, by the adopters.
(4) When the adopters concur with the
illegitimate children and the surviving spouse of
the adopted, they shall divide the entire estate in
equal shares, one-third to be inherited by the
illegitimate children, one-third by the surviving
spouse, and one-third by the adopters;
(5) When only the adopters survive, they shall
inherit the entire estate; and
(6) When only collateral blood relatives of the
adopted survive, then the ordinary rules of legal
or intestate succession shall apply. (39(4)a, PD
603)
Art. 191. If the adopted is a minor or otherwise
incapacitated, the adoption may be judicially
rescinded upon petition of any person authorized
by the court or proper government instrumental
acting on his behalf, on the same grounds
prescribed for loss or suspension of parental
authority. If the adopted is at least eighteen years
of age, he may petition for judicial rescission of
 the adoption on the same grounds prescribed for
disinheriting an ascendant. (40a, PD 603)

Art. 192. The adopters may petition the court for

the judicial rescission of the adoption in any of
the following cases:
(1) If the adopted has committed any act
constituting ground for disinheriting a
descendant; or
(2) When the adopted has abandoned the home
of the adopters during minority for at least one
year, or, by some other acts, has definitely
repudiated the adoption. (41a, PD 603)

Art. 193. If the adopted minor has not reached

the age of majority at the time of the judicial
rescission of the adoption, the court in the same
proceeding shall reinstate the parental authority
of the parents by nature, unless the latter are
disqualified or incapacitated, in which case the
court shall appoint a guardian over the person
and property of the minor. If the adopted person
is physically or mentally handicapped, the court
shall appoint in the same proceeding a guardian
over his person or property or both.
Judicial rescission of the adoption shall extinguish
all reciprocal rights and obligations between the
adopters and the adopted arising from the
relationship of parent and child. The adopted
shall likewise lose the right to use the surnames
of the adopters and shall resume his surname
prior to the adoption.
The court shall accordingly order the amendment
of the records in the proper registries. (42a, PD
603)

Article 365. An adopted child shall bear the surname of the adopter.

Section 7. Who May Adopt. The following may adopt:

(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral
character, has not been convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his/her children in keeping with the means of the family. The
requirement of sixteen (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 adoptee's parent;

(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That
his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living
in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption
and maintains such residence until the adoption decree is entered, that he/she has been certified by
his/her diplomatic or consular office or any appropriate government agency that he/she has the legal
capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her
country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her 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 son/daughter of his/her Filipino spouse; or

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

(c) The guardian with respect to the ward after the termination of the guardianship and clearance of
his/her financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or

(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the
other spouse has signified his/her consent thereto; or

(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other,
joint parental authority shall be exercised by the spouses.

Section 8. Who May Be Adopted. The following may be adopted:

(a) Any person below eighteen (18) years of age who has been administratively or judicially declared
available for adoption;

(b) The legitimate son/daughter of one spouse by the other spouse;

(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;

(d) A person of legal age if, prior to the adoption, said person has been consistently considered and
treated by the adopter(s) as his/her own child since minority;

(e) A child whose adoption has been previously rescinded; or

(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be
initiated within six (6) months from the time of death of said parent(s).
Section 9. Whose Consent is Necessary to the Adoption. After being properly counseled and informed
of his/her right to give or withhold his/her approval of the adoption, the written consent of the
following to the adoption is hereby required:

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child;

(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and
adoptee, if any;

(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said
adopter and the latter's spouse, if any; and

(e) The spouse, if any, of the person adopting or to be adopted.

ection 16. Parental Authority. Except in cases where the biological parent is the spouse of the adopter,
all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then
be vested on the adopter(s).

Section 17. Legitimacy. The adoptee shall be considered the legitimate son/daughter of the adopter(s)
for all intents and purposes and as such is entitled to all the rights and obligations provided by law to
legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee is
entitled to love, guidance, and support in keeping with the means of the family.

Section 18. Succession. In legal and intestate succession, the adopter(s) and the adoptee shall have
reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee and
his/her biological parent(s) had left a will, the law on testamentary succession shall govern.

Brief Fact Summary. A child was born by artificial insemination during a marriage. Wife and
husband separated and the wifes new husband attempted to adopt the child, claiming that the
previous husbands consent was unnecessary because he was not the parent of the child.

Synopsis of Rule of Law. A child born of consensual AID during a valid marriage is a
legitimate child entitled to the rights and privileges of a naturally conceived child of the same
marriage. The husband in such a relationship is therefore the parent, and his consent is
required to the adoption of such child be another.
Facts. Two types of artificial insemination exist: Homologous insemination, whereby the wife is
artificially impregnated with the semen of her husband (AIH); and heterologous insemination,
the artificial insemination of the wife by the semen of a third-party donor (AID). AID procedures
have increased due to the unavailability of adoptive children. In the present case, a child was
born of consensual AID during the marriage. The husband was listed as the father on the birth
certificate. The couple later separated, followed by a divorce. The separation agreement and
divorce decree declare the child to be the daughter and child of the couple. The wife was
granted support and the husband visitation rights. Husband faithfully visited and performed all
support conditions. The wife later remarried and her husband petitioned to adopt the child. The
first husband refused to consent, and petitioner suggested that the first husbands consent was
not required because he is not the parent
of the child.

Issue. Is the husbands consent required as the parent of a child born of consensual AID?

Held. A child born of consensual AID during a valid marriage is a legitimate child,
therefore the father of such child is the parent whose consent is required to the adoption
of such child.
The leading case addressing this issue is a criminal case for failure to support a minor
child. The court there held that the defendant was the lawful father of a dependent child
born of consensual AID, with the determinative factor being whether the legal relationship
of father and child exists. The court there reasoned that a child conceived through AID
does not have a natural father, but does have a lawful father. Enforcement of welfare
therefore was supported by the principle of equitable estoppel.

In response to claims that AID constitutes adultery of the mother, the court found that in
the absence of legislation prohibiting artificial insemination, the child was lawfully
begotten and not the product of an illicit or adulterous relationship.

A New York case finding that AID children are illegitimate is the only such published
decision and is unpersuasive. The historical concept and statutory definition of a child
born out of wedlock were enacted long before the advent of artificial insemination. AN
AID is not begotten by a father who is not the husband. Since there is consent by the
husband, there is no marital infidelity.

The problem is one of policy. New York has a strong policy in favor of legitimacy, so it is
absurd to hold illegitimate a child born during a valid marriage, of parents desiring but
unable to conceive a child, and both consenting and agreeing to the impregnation of the
mother by a medically selected anonymous donor. This policy is for the protection of the
child, not the parents.

Discussion. The Court based its determination that AID children born during a valid marriage
are legitimate and the husband is the legal parent of such a child based on policy
considerations.

LAHOM VS SIBULO
FACTS:
A childless couple adopted the wife's nephew and brought him up as their own. In 1972, the trial court
granted the petition for adoption, and ordered the Civil Registrar to change the name Jose Melvin Sibulo to
Jose Melvin Lahom. Mrs. Lahom commenced a petition to rescind the decree of adoption, in which she
averred, that, despite the her pleas and that of her husband, their adopted son refused to use their surname
Lahom and continue to use Sibulo in all his dealing and activities. Prior to the institution of the case, in 1998,
RA No. 8552 went into effect. The new statute deleted from the law the right of adopters to rescind a decree
of adoption (Section 19 of Article VI).
These turn of events revealing Jose's callous indifference, ingratitude and lack of care and concern prompted
Lahom to file a petition in Court in December 1999 to rescind the decree of adoption previously issued way
back on May 5, 1972. When Lahom filed said petition there was already a new law on adoption, specifically
R.A. 8552 also known as the Domestic Adoption Act passed on March 22,1998, wherein it was provided that:
"Adoption, being in the interest of the child, shall not be subject to rescission by the adopter(s). However the
adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code" (Section 19).

ISSUE:
Whether or not the subject adoption still be revoked or rescinded by an adopter after the effectivity of R.A.
No. 8552, and if in the affirmative, whether or not the adopters action prescribed.

RULING:
Jurisdiction of the court is determined by the statute in force at the time of the commencement of the action.
The controversy should be resolved in the light of the law governing at the time the petition was filed. In this
case, it was months after the effectivity of RA 8552 that Lahom filed an action to revoke the decree of
adoption granted in 1972. By then the new law had already abrogated and repealed the right of the adopter
under the Civil Code and the family Code to rescind a decree of adoption. So the rescission of the adoption
decree, having been initiated by Lahom after RA 8552 had come into force, could no longer be pursued.

Besides, even before the passage of RA8552, an action to set aside the adoption is subject to the five year bar
rule under Rule 100 of the Rules of Court and that the adopter would lose the right to revoke the adoption
decree after the lapse of that period. The exercise of the right within a prescriptive period is a condition that
could not fulfill the requirements of a vested right entitled to protection. Rights are considered vested when
the right to the enjoyment is a present interest, absolute, unconditional and perfect or fixed and irrefutable.
The concept of a "vested right" is a consequence of the constitutional guarantee of due process that expresses
a present fixed interest which in right reason and natural justice is protected against arbitrary state action.
While adoption has often been referred to in the context of a "right", it is not naturally innate or fundamental
but rather a right merely created by statute. It is more of a privilege that is governed by the state's
determination on what it may deem to be for the best interest and welfare of the child. Matters relating to
adoption, including the withdrawal of the right of the adopter to nullify the adoption decree, are subject to
State regulation. Concomitantly, a right of action given by a statute may be taken away at any time before it
has been exercised.

But an adopter, while barred from severing the legal ties of adoption, can always for valid reasons cause the
forfeiture of certain benefits otherwise accruing to an undeserving child, like denying him his legitime, and by
will and testament, may expressly exclude him from having a share in the disposable portion of his estate.

Facts of the case

Jonathan Lehr, the biological father of Jessica M., filed a petition to vacate an order of
adoption. He argued that Jessica was adopted by her mothers husband in violation of the
Constitution because Lehr was never notified of the proceedings. Under New York law,
Lehr was not in any of the classes of people entitled to notification of adoption proceedings.
Lehr never supported the child financially, had a significant relationship with the child, or
entered his name into the states father registry. The Ulster County Family Court denied
Lehrs petition and the Appellate Division and New York Court of Appeals affirmed.

Question
Does New York law violate due process and equal protection within the meaning of the
Fourteenth Amendment when a biological father who has no relationship with the child
does not receive notice of adoption proceedings surrounding his child?

Conclusion
No. Justice John Paul Stevens, writing for a 6-3 majority, affirmed the New York courts.
The Supreme Court held that due process and equal protection were not violated because Lehr
never had a significant personal or financial relationship with Jessica M. Justice Byron R. White
dissented, arguing that the state cannot deny notice of adoption proceedings to a biological
father when the state knows his whereabouts and interest in the child. Justice Thurgood
Marshall and Justice Harry A. Blackmun joined in the dissent.