ADOPTION (Rabuya)
- Congress enacted RA 8043 (Inter Country Adoption Act of
1995) and RA 8552 (Domestic Adoption Act of 1998)did
not repeal expressly the family code (SERVES ONLY AS
IMPLIED REPEAL)
- DAA-domestic adoption; ICA- adoption of Filipino Child
in foreign country by a person who may not be qualified
under DAA or Family Code
ADOPTION EXPLAINED
- Process of making a child, whether related or not to the
adopter, possessed the rights accorded to a legitimate child
- Juridical act (in rem) which creates a relationship similar to
legitimate paternity and filiation
- In absence of juridical decree, cannot enjoy same rights
accorded to legitimate children
STATE’S POLICIES ON ADOPTION (DAA of 1998)
- to ensure that every child remains under the care and
custody of his/her parent(s) and be provided with love,
care, understanding and security towards the full and
harmonious development of his/her personality. Only when
such efforts prove insufficient and no appropriate
placement or adoption within the child’s extended family is
available shall adoption by an unrelated person be
considered.
DOMESTIC ADOPTION- governed by DAA and Family Code;
procedure governed by Rule on Adoption (Aug 22, 2002)
I. Filipino Adopter
a. Legal age and at least 16 years older than adoptee
(XPN: adopter is biological parent of adoptee or
the spouse of adoptee’s parent)
b. Possession of full civil capacity and legal rights,
of GMC, and has not been convicted of crimes
involving moral turpitude
c. Must be emotionally and psychologically capable
of caring for children
II. Alien adopter
a. Same as above, with additional of:
b. Country must have diplomatic relations with RP
c. Certified by diplomatic or consular office or any
appropriate govt agency to be legally capacitated
to adopt
d. Government allows adoptee to enter his country
as his or her own child
e. Has been living in the Phil for at least 3
continuous years prior to filing of application and
maintains residence until adoption decree is
entered
III. XPN for aliens for residency and certification of
qualification
a. Former Filipino who seeks to adopt a relative
within 4th degree of consanguinity or affinity
b. Seeks to adopt legitimate child of Filipino spouse
c. Married to Filipino and seeks to adopt jointly
with his spouse a relative w/in 4th deg of
consanguinity or affinity
- May still adopt even if he has already adopted in the past
GR: Mandatory for both spouses to jointly adopt
XPN:
a. One spouse wants to adopt legitimate child of another
b. Adopt own illegitimate child, provided with consent of
other spouse
c. If spouses are legally separated from each other
IV. Who may be adopted
a. Below 18 who has been administratively or
judicially declared available for adoption
b. Legitimate child of one spouse by the other
spouse- adoptee may be of legal age
c. Illegitimate child by qualified adopter to improve
status- other spouse must give his consent; jointly
adopt
d. Person of legal age if prior to the adoption said
person has been consistently considered and
treated by adopter as his own child
e. Adoption has been previously rescinded
(minority)
f. Biological or adoptive parents has died provided
that still minority (adoption proceedings shall be
initiated after 6 mos from time of death)
V. Requirement of Consent
a. if the child is illegitimate, in which case, the child
is under the parental authority of the mother, the
consent of the biological father to the adoption is
likewise required, if the latter has recognized or
admitted his paternity over the illegitimate child.
b. May be dispensed with if the parent has
abandoned the child or that such parent is insane
or hopelessly intemperate (superseded by Rule on
Adoption, which is silent regarding this matter)
VI. Procedure in Domestic Adoption
1. Jurisdiction and Venue
a. Family Court; venue shall be in province or city where
prospective parents reside
2. Nature of Adoption Proceedings
a. No court may entertain unless it has jurisdiction over the
personal status of person to be adopted and adopting
parents
b. Notice made through publication- registered name of
adoptee in birth cert is required to be stated in caption
3. Contents of Petition for Adoption
a. Filipino citizen
i. Jurisdictional facts
ii. State that he has satisfied the requisites
mentioned in I.
b. Alien
i. Jurisdictional facts
ii. State that he has satisfied requisites in
II.
c. Legal guardian of adoptee
i. State that guardianship has been
terminated and has cleared financial
accountabilities
d. Married
i. Spouse a co-petitioner, except if one
spouse seeks to adopt legit child of the
other, or seeks to adopt own illegit with
consent of the other, or if legally
separated
e. Foundling adoptee
i. Entries in birth cert
4. In all petitions, it shall be alleged:
5. Rectification of Simulation of Birth
a. “Simulation of birth” is the tampering of the civil registry
making it appear in the birth records that a certain child
was born to a person who is not his/her biological mother,
causing such child to lose his/her true identity and status
b. Petition shall allege that:
i.
6. Foundling, abandoned, dependent or neglected child
ADOPTION (Rabuya)
a. Foundling-deserted or abandoned infant or child whose
parents, guardian or relatives are unknown; or a child
committed to an orphanage or charitable or similar
institution with unknown facts of birth and parentage
b. Abandoned-no proper parental care or guardianship or
whose parents have deserted him for a period of at least
six (6) continuous months and has been judicially declared
as such
c. Dependent- without a parent, guardian or custodian or one
whose parents, guardian or other custodian for good cause
desires to be relieved of his care and custody and is
dependent upon the public for support
d. “Neglected child” is one whose basic needs have been
deliberately not attended to or inadequately attended to,
physically or emotionally, by his parents or guardian
e. Petition should allege:
7. Order of Hearing
a. Order that contains registered name of adoptee in birth
cert, purpose of petition, complete name which adoptee
will use if petition was granted, and date and place of
eharing which shall be set within 6 mos from date of
issuance of order and direct that a copy be published
before the date of eharing at least once a week for 3
successive weeks in newspaper of general circ
8. Child and Home Study Reports
a. No petition for adoption shall be set for hearing unless a
licensed social worker of the DSWD, the social service
office of the local government unit, or any child-placing or
child-caring agency has made a case study of the adoptee,
his/her biological parent(s), as well as the adopter(s), and
has submitted the report and recommendations on the
matter to the court hearing such petition
9. Hearing
a. The petitioner and the adoptee must personally appear and
the former must testify before the presiding judge of the
court on the date set for hearing.
b. The court shall verify from the social worker and
determine whether the biological parent has been properly
counseled against making hasty decisions caused by strain
or anxiety to give up the child; ensure that all measures to
strengthen the family have been exhausted; and ascertain if
any prolonged stay of the child in his own home will be
inimical to his welfare and interest
10. Supervised Trial Custody
a.
b.
c. The social worker shall submit to the court a report on the
result of the trial custody within two weeks after its
termination
11. Decree of Adoption
a. a decree of adoption shall be entered which shall be
effective as of the date the original petition was filed. This
provision shall also apply in case the petitioner(s) dies
before the issuance of the decree of adoption to protect the
interest of the adoptee.’
VII. Effects of Adoption
1. Parental authority of parents by nature shall terminate and
same shall be vested in adopters, XPN when biological
parent is spouse of adopter
2. Legitimacy- relationship established by the adoption is
limited to the adopting parents and does not extend to their
other relatives, except as expressly provided by law
3. Right to use surname of adopter
However, the provision of law which entitles the adopted minor
to the use of the surname of the adopter refers to the adopter’s
own surname and not to her surname acquired by virtue of
marriage. The adoption created a personal relationship between
the adopter and the adopted, and the consent of the husband, to
the adoption by her wife, did not have the effect of making him
an adopting father, so as to entitle the child to the use of the
husband’s own surname.
4. Right to support from adopter- adopted and his or her
biological parents are not legally bound to support each
other.
5. Right to legitime and other successional rights- compulsory
heir of adopter; adopter and the adoptee are legal heirs of
each other
VIII. Rescission of Adoption
1. Who may Rescind
a. 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
2. Grounds
a. repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counseling;
b. attempt on the life of the adoptee;
c. sexual assault or violence; or
d. abandonment and failure to comply with parental
obligations.
3. Prescriptive Period
a. Adoptee incapacitated- within 5 years after
reaching age of majority
b. Incompetent-within 5 years after recovery
4. Effects of Rescission
a. The parental authority of the adoptee’s biological
parent(s), if known, or the legal custody of the
Department, shall be restored if the adoptee is
still a minor or incapacitated.
b. The reciprocal rights and obligations of the
adopter(s) and the adoptee to each other shall be
extinguished.
c. The court shall order the Civil Registrar to
cancel the amended certificate of birth of the
adoptee and restore his/her original birth
certificate.
d. Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of
judicial rescission. However, vested rights
acquired prior to judicial rescission shall be
respect
ADOPTION (Rabuya)
b. Voluntary Commitment- No child shall be
committed unless he is surrendered in writing by
INTER COUNTRY ADOPTION BOARD- central authority in his parents or guardian; death or legal incapacity
inter country adoption
of either parent or abandonment of the child for a
ICAB shall: period of at least one year, the other parent alone
shall have the authority to make the commitment
a) Protect the Filipino child from abuse, exploitation, trafficking III. Where to File Application
and/or sale or any other practice in connection with adoption which is - either with the Family Court having jurisdiction over the
harmful, detrimental, or prejudicial to the child; place where the child resides or may be found,152 or with
b) Collect, maintain, and preserve confidential information about the the Inter-Country Adoption Board, through an intermediate
child and the adoptive parents;
agency, whether governmental or an authorized and
c) Monitor, follow-up, and facilitate completion of adoption of the
child through authorized and accredited agency; accredited agency, in the country of the prospective
d) Prevent improper financial or other gain in connection with an adoptive parents
adoption and deter improper practices contrary to the Inter-Country IV. Procedure
Adoption Act; A. Governing rules
e) Promote the development of adoption services including postlegal B. Contents
adoption; - Allege that he has satisfied the reqs
f) License and accredit child-caring/placement agencies and C. Annexes
collaborate with them in the placement of Filipino children;
g) Accredit and authorize foreign adoption agency in the placement
of Filipino children in their own country; and
h) Cancel the license to operate and blacklist the child-caring and
placement agency or adoptive agency involved from the accreditation
list of the Board upon a finding of violation of any provision under
the Inter-Country Adoption Act.

I. Who may Adopt

Any foreign national or a Filipino citizen permanently residing
abroad who has the qualifications and none of the disqualifications
under
the Inter-Country Adoption Act may file an application if he/she:
(a) is at least twenty-seven (27) years of age;
(b) is at least sixteen (16) years older than the child to be adopted at
the time of the filing of the application unless the applicant is the
parent by nature of the child to be adopted or is the spouse of such
parent by nature;
(c) has the capacity to act and assume all the rights and
responsibilities incident to parental authority under his/her national - If Court found pet sufficienttransmit the petition to the
law; Inter-Country Adoption Board for appropriate action
(d) has undergone appropriate counseling from an accredited V. Procedure when filed in ICAB
counselor in his/her country; A. Governing Rules
(e) has not been convicted of a crime involving moral turpitude;
- may be filed directly with the ICAB through a foreign
(f) is eligible to adopt under his/her national law;
(g) can provide the proper care and support and give the necessary adoption agency in the country where the applicant resides.
moral values and example to the child and in the proper case, to all - Foreign national who was not found to be qualified- RTC
his/her other children; may determine if pet is qualified to adopt under ICAA
(h) comes from a country: B. Form of Application and Supporting Documents
(i) with whom the Philippines has diplomatic relations; - undertaking under oath signed by the applicant to uphold
(ii) whose government maintains a foreign adoption agency; and the rights of the child under Philippine laws and the
(iii) whose laws allow adoption; and applicant’s national laws, the United Nations Convention
(i) files jointly with his/her spouse, if any, who shall have the same on the Rights of the Child and to abide by the provisions of
qualifications and none of the disqualifications to adopt as prescribed the ICA
above. - undertaking that should adoption not take place, applicant
shall pay for the cost of travel back to Phil of the child and
II. Who May Be Adopted his companion
- Legally free child- any child voluntarily/involuntarily
committed to DSWD
- Provided that if voluntarily committed-physical transfer
shall be made not earlier than 6 mos from date of deed of
voluntary commitment (XPN: adoption by relative/
children with special medical conditions)
- ICA law: child is below 15
- Commitment or surrender of a child is the legal act of
entrusting a child to the care of the DSWD or any duly
licensed child placement agency or individual
- COMMITMENT: (a) involuntary commitment, in case of
a dependent child, or through the termination of parental or
guardianship rights by reason of abandonment, substantial
and continuous or repeated neglect and/or parental
incompetence or (b) voluntary commitment, through the
relinquishment of parental or guardianship rights in the
manner and form hereinafter prescribed
a. Involuntary Commitment- DSWD file a pet to the
care of any duly licensed child placement agency
or individual; if after hearing child was found to
be DAN, order shall be created committing him
to care and custody of DSWD; when committed,
parent shall exercise no authority over him
ADOPTION (Rabuya)
- If the ICAB in coordination with the foreign adoption
agency fails to find another placement for the child within a
reasonable period of time after the termination of the pre-
adoptive relationship, the Board shall arrange for the
child’s repatriation.

H. Satisfactory
- Board shall transmit the written consent to the adoption
executed by the Department to the foreign adoption agency
within thirty (30) days after receipt of the latter’s request
- The applicant shall file the petition for the adoption of the
child with the proper court or tribunal in the country where
C. Matching
the applicant resides within six (6) months after the
- Endorsement to ICAB shall contain certification by the
completion of the trial custody period.
DSWD that all possibilities for adoption of the child in the
- A copy of the final Decree of Adoption of the child
Philippines have been exhausted and that inter-country
including the Certificate of Citizenship/Naturalization,
adoption is in the best interest of the child. The
whenever applicable, shall be transmitted by the foreign
endorsement must be made within one (1) week after
adoption agency to the ICAB within one (1) month after its
transmittal of the Child Study Report and other pertinent
issuance. The copy of the Adoption Decree shall form part
documents from the local placement committee for inter-
of the records of the ICAB which shall require the
regional matching.
recording of the final judgment in the appropriate local and
- Attachments to endorsement
foreign Civil Register.
o Child study report
o Birth or foundling certificate
o Decree of abandonment/death certificate of
child’s parents or deed of voluntary commitment
o Medical evaluation or history including that of
biological parents
o Psych eval
o Child’s own consent it 10 years or older
- ICAB shall carry out matching- judicious pairing of
adoptive child and applicant to promote mutually satisfying
parent child relationship. no child shall be matched to a
foreign adoptive family unless it is satisfactorily shown that
the child cannot be adopted locally.
D. Placement Authority
- Upon receipt of applicant’s acceptance of matching
proposal and confirmation of pre adoptive placement plans-
within 5 working days; transmitted to DFA and foreign
adoption agency
E. Fetching of the Child
- Applicant to pay for expenses incidental to pre adoptive
placement of the child, including costs of travel and med
and psych eval
- After issuance of PA, child shall be given preparation by
child caring agency In order to minimize trauma or
separation
- Personal fetching not later than 30 days after notice of
issuance of visa of child for travel to the country
F. Trial Custody
- Start upon physical transfer to the applicant who shall
exercise substitute parental authority
- foreign adoption agency shall supervise and monitor the
exercise of custody by maintaining communication with the
applicant from the time the child leaves the Philippines
- foreign agency shall furnish the ICAB with bi monthly
reports on child’s health and psychosocial adjustment and
relationships

G. Unsuccessful Pre-Adoptive Relationship

- relationship shall be suspended by the ICAB and the
foreign adoption agency shall arrange for the child’s
temporary care. No termination of pre-adoptive relationship
shall be made unless it is shown that the foreign adoption
agency has exhausted all means to remove the cause of the
unsatisfactory relationship which impedes or prevents the
creation of a mutually satisfactory adoptive relationship
- in termination- ICAB shall identify from the Roster of
Applicants a qualified family to adopt the child with due
consideration for suitability and proximity. In the absence
of any suitable family in the Roster of Approved
Applicants, the foreign adoption agency may propose a
replacement family whose application shall be filed for the
consideration of the ICAB