Article I – Sections 1, 2 & 3

By Rossville “Aeron” B. Violanta

Republic Act No. 8552      

AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

ARTICLEI 
GENERAL PROVISIONS

Section 1. Short Title. – This Act shall be known as the “Domestic Adoption Act of 1998.”

 Section 2. Declaration of Policies. – (a) It is hereby declared the policy of the State 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.

(b) In all matters relating to the care, custody and adoption of a child, his/her interest shall be the paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention on the Rights of the Child; UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally; and the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. Toward this end, the State shall provide alternative protection and assistance through foster care or adoption for every child who is neglected, orphaned, or abandoned.

(c) It shall also be a State policy to:

(i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her parental authority over his/her child;

(ii) Prevent the child from unnecessary separation from his/her biological parent(s);

(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody over his/her adopted child.

Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as “legally available for adoption” and his/her custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child;

(iv) Conduct public information and educational campaigns to promote a positive environment for adoption;

(v) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries, process domestic adoption applications, and offer adoption-related services including, but not limited to, parent preparation and post-adoption education and counseling; and

(vi) Encourage domestic adoption so as to preserve the child’s identity and culture in his/her native land, and only when this is not available shall intercountry adoption be considered as a last resort.

Section 3. Definition of Terms. – For purposes of this Act, the following terms shall be defined as:

(a) “Child” is a person below eighteen (18) years of age.

(b) “A child legally available for adoption” refers to a child who has been voluntarily or involuntarily committed to the Department or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption.

(c) “Voluntarily committed child” is one whose parent(s) knowingly and willingly relinquishes parental authority to the Department.

(d) “Involuntarily committed child” is one whose parent(s), known or unknown, has been permanently and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse; or incompetence to discharge parental responsibilities.

(e) “Abandoned child” refers to one who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least six (6) continuous months and has been judicially declared as such.

(f) “Supervised trial custody” is a period of time within which a social worker oversees the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship.

(g) “Department” refers to the Department of Social Welfare and Development.

(h) “Child-placing agency” is a duly licensed and accredited agency by the Department to provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents, and preparing the adoption home study.

(i) “Child-caring agency” is a duly licensed and accredited agency by the Department that provides twenty four (24)-hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children.

(j) “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.

An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino Children and for other Purposes Domestic Adoption Act of 1998 Republic Act 8552

Adoption : 

Adoption A socio-legal process of providing a permanent family to a child whose parents have voluntarily relinquished their parental authority over the child

State Policies : 

State Policies Ensure that every child remains under the care and custody of his/her parents and be provided with love, care, understanding and security towards the full and harmonious development of his/her personality.

In all matters relating to care, custody and adoption of a child, his/her interest shall be the paramount consideration in accordance with the levels set forth in the UN CRC and other international instruments.

The state shall provide alternative protection and assistance through foster care or adoption for every child who is neglected, orphaned or abandoned

It is a State Policy to:

3.1. Safeguard biological parents from making hurried decisions to relinquish his/her parental authority over his/her child.

3.2. Prevent the child from unnecessary separation from his/her biological parents.

3.3. Protect adoptive parents from attempts to disturb his/her parental authority and custody over his/her adopted child. Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared to establish the status of child as “legally available for adoption” custody of child is transferred to DSWD or to any licensed CCA/CPA which shall be authorized to do permanent placement of child

3.4. Conduct public information and educational campaign

3.5. Ensure sufficient capacity exists within government and private agencies to handle adoption inquiries, applications and adoption related services.

3.6. Encourage domestic adoption to preserve child’s identity and culture and to consider ICA as a last resort

Statutory creation

The right to create a relationship of parents and child between persons who are generally not related by nature exist only by virtue of a statute providing for adoption.

Adoption is purely a statutory creation. All statutory requirements for adoption must be met, and where a court issues an adoption decree despite the act that all the said requirements are not met, such decree is a nullity.

Child by adoption cannot inherent from the parent by adoption unless the act of adoption has been done in strict accord with the statute.

PHILOSOPHY BEHIND ADOPTION

ADOPTION IS USED TO BE FOR THE BENEFIT OF THE ADOPTER. It was intended to afford persons who have no child of their own, the consolation of having one, by creating by legal fiction, the relation of paternity and filiation where none exist by blood relationship.

Adoption statutes hold the interest and welfare of the child to be of paramount consideration and are designed to provide homes, parental care and education for unfortunate, needy or orphaned children and give them the protection of society and family in the person of the adopter as well as to follow childless couples and or persons to experience he joys of parenthood and legally give them a child in the person of the adopted for the manifestation of their natural parental instinct.

Republic v. Court of Appeals and Zenaida Bobiles

205 scra 356

FACTS:

*Zenaida Corteza Bobiles filed a petition to adopt Jason Condat who had been living with her family since 4 months old. Petition for adoption was filed by Zenaida Bobiles on February 2, 1988, when the law applicable was Presidential Decree No. 603, the Child and Youth Welfare. Under the code, a petition for adoption may be filed by either spouses or by both of them

*After the trial court rendered its decision and while the case was pending on appeal in the Court of Appeals, the Family Code, took effect on August 3, 1988. Under the new law, joint adoption by the husband and wife is mandatory.

*The petitioner Republic of the Philippines contends that the petitioner for adoption should be dismissed as it was filed solely by the private respondent. It argues that the Family Code must be applied retroactively to the petition filed by Mrs. Bobiles, as the latter did not acquire a vested right to adopt Jason Condat by the mere filing of her petition for adoption.

ISSUE: WON the petition to adopt Jason should be granted considering only Zenaida filed the petition.

HELD:

When Zenaida filed the petition, she was exercising her explicit and unconditional right under said law in force at the time and thus vested and must not be prejudiced.  A petition must not be dismissed by reason of failure to comply with law not yet in force and effect at the time.  Furthermore, the affidavit of consent attached by the husband showed that he actually joined his wife in adopting Jayson.  His declarations and subsequent confirmatory testimony in open court was sufficient to make him a co-petitioner.  Future of an innocent child must not be compromised by arbitrary insistence of rigid adherence to procedural rules on the form of the pleadings.

Petition was denied.

Article II – Section 4

By Robinson N Manaig

Section 4.

Article II: Pre-Adoption Services

Pre-Adoption Services: Counseling for natural parents, adopter, and adoptee.

Eligibility:

1. Filipino citizen of legal age with full civil capacity and legal rights.
   1. Not convicted of a crime involving moral turpitude
   2. Emotionally/Psychologically capable of caring for children
   3. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent)
   4. In a position to support and care for
2. Aliens with same qualifications plus
   1. Country has diplomatic relations with Philippines
   2. Living in the Philippines for at least 3 continuous years
      1. Residency requirement is waived if the adopter was:
         1. Former Filipino citizen who seeks to adopt a relative with in the 4^th degree of consanguinity or affinity
         2. Seeks to adopt legitimate child of Filipino spouse
         3. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4^th degree of consanguinity or affinity of Filipino spouse.
      2. Foreign country will allow the adoptee to enter such country
      3. Certified to be legally capacitated to adopt
   3. Guardian with respect to ward (after clearance of finances

Husband and wife shall jointly adopt except:

1. One spouse seeks to adopt legitimate child of other
2. One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this
3. Spouses are legally separated

Article II – Section 5

By: ENGR. MARLO PJ ALIPON MPA, REE, RMP

Section 5. Location of Unknown Parents- It shall be the duty of the Department or the child-placing or child-caring agency which has custody of the child to exert all efforts to locate his/her unknown  biological parents. If such efforts fail, the child sahll be registered as a founding and subsequently be the subject of legal proceedings where he/she shall be declared abandoned.

Before any child with unknown parents be processed into a legal proceedings declaring him or her abandoned, efforts in looking for his or her parents shall be made. Example of means of looking for  his or her parents is by looking for parents through Newspaper notices, Radio  and TV program posting and the likes.

Article II – Section 6

By: Christelle B. Amil

Section 6. Support Services. – The Department shall develop a pre-adoption program which shall include, among others, the above mentioned article.

Administrative Phase

1. Administrative Phase done by the Department of Social Welfare and Development (DSWD)
2. Judicial Phase done by the proper family court

The administrative phase ends when the DSWD issues a certification that a child is legally available for adoption which is governed by R.A. No. 9523.

Article III – Section 7

BY: Evelyn Balaoro

TITLE VII. – ADOPTION ARTICLE III ELIGIBILITY

SEC.7. Who may adopt – The following may adopt:

• 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, and at least sixteen (16) holder than the adoptee, and who is in 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 the adoptee may be waived when the adopter and the adoptee may be waived when the adopter is biological parent of the adoptee, or is the spouse of the adoptee’s parent;
• Any alien possessing the same qualification 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:

• A former Filipino citizen who seeks to adopt a relative within the fourth (4^th) degree of consanguinity or affinity; or
• One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
• One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4^th) 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:

• If one spouse seeks to adopt the legitimate son/daughter of the other; or
• If one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, however, That the other spouse has signified his/her consent thereto; to\
• If the spouses are legally separated from each other.

Who has the right to adopt? What are requirement for adopting a child?

Explanation:

As stated in Article II Section 7 In case husband and wife jointly adopt, or one spouse adopts an illegitimate son/daughter of the other, joint parental authority shall be exercised by the spouses.

The law provides for the minimum qualifications for the adopter in case both husband and wife would adopt a child such as: that the adopter must be emotionally, financially and psychologically capable of caring the children

 

 

Article III – Section 8

By: Jay R. Bautista

WHO MAY BE ADOPTED

The following may be adopted:

1. (a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption;
2. (b) The legitimate son/daughter of one spouse by the other spouse;
3. (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;
4. (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;
5. (e) A child whose adoption has been previously rescinded; or
6. (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).

WHO MAY BE ADOPTED

As a general rule, only minors may be adopted. Persons of legal age may be presumed to be able to support themselves unlike minors who need maximum care and guidance.

However, exceptions are provided, namely when the child to be adopted is the illegitimate child of the adopter, when the child to be adopted is the legitimate child of his or her spouse, and when the child has been consistently treated as a child of the adopter during minority or what the joint Committees on Civil Code and Family Law referred to as de facto adoption.

De facto adoption is made an exception to the minority rule on the assumption that the formal adoption was omitted while the person was still a minor and the reason for the omission could be inaction or postponement. This means that while the child could have been adopted during minority, the adopter failed to do so. If the child could have been adopted during minority, said child could be adopted after reaching legal age. De facto adoption must, however, be converted to legal adoption with court approval for all the privileges, rights and duties of the adopter and the adoptee to legally attach.

Article III – Section 9

By Francis Caparas

SEC. 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 (f0) 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 son daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;

(d) The illegitimate son or daughters’ ten (10) years of age or over, of the adopter if living with said adopter and the latters spouse, if any; and

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

WRITTEN CONSENT. The State has the duty to foster and nurture a wholesome family unit that constitutes the nucleus of society. Considering that an adoption decree, with certain exceptions, introduces a “stranger” into an existing family unit, the mandatory written consent required by law is the State’s way of assuring itself that all the members of the family have been consulted and are amenable to the introduction of a new member in the home. Of paramount importance among the considerations of the State is the maintenance of harmony within the family and the avoidance of any conflict which may arise as a result of the adoption. By requiring consent, the adopter psychologically and emotionally prepares the members of the family to the idea of adoption instead of force fully imposing upon them the adoptee, without prior consultation

Case Digest

Tan Suarez u. Republic, 15 SCRA 548,

It was held that the statement subscribed and sworn to before a notary public by the natural parents of the child sought to be adopted, wherein they expressed their conformity to the adoption of their minor child by the petitioner, was correctly admitted as evidence in an adoption proceeding, although no testimonial evidence identifying the signatures on the said statement had been introduced by the petitioner, because such statement was duly authenticated and the other evidence on record strongly indicates that it is what it purpose to be. Moreover Section 9, just like the repealed provision of the Family Code and the Civil Code, does not require in its testimony of the person whose consent is needed before the court ‘What is only needed further the court procedures is that the written consent be attached to the petition. The adopter himself or herself can just testify that he obtained the consent of those persons whose consent are required and that such written consent has been attached to the petition.

Article IV – Sections 10, 11 & 12

By Marte Oquias

PROCEDURE

Sec.  10. Hurried Decisions. — In all proceedings for adoption, the court shall require proof that the biological parent(s) has been properly counseled to prevent him/her from making hurried decisions caused by strain or anxiety to give up the child, and to sustain that all measures to strengthen the family have been exhausted and that any prolonged stay of the child in his/her own home will be inimical to his/her welfare and interest.chan robles virtual law library

Sec.  11. Case Study. — No petition for adoption shall be set for hearing unless a licensed social worker of the Department, 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.

At the time of preparation of the adoptee’s case study, the concerned social worker shall confirm with the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of the concerned social worker to ensure that the adoptee is registered.

The case study on the adoptee shall establish that he/she is legally available for adoption and that the documents to support this fact are valid and authentic. Further, the case study of the adopter(s) shall ascertain his/her genuine intentions and that the adoption is in the best interest of the child.

.The Department shall intervene on behalf of the adoptee if it finds, after the conduct of the case studies, that the petition should be denied. The case studies and other relevant documents and records pertaining to the adoptee and the adoption shall be preserved by the Department.

Sec.  12. Supervised Trial Custody. — No petition for adoption shall be finally granted until the adopter(s) has been given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. During said period, temporary parental authority shall be vested in the adopter(s).

The court may motu proprio or upon motion of any party reduce the trial period if it finds the same to be in the best interest of the adoptee, stating the reasons for the reduction of the period. However, for alien adopter(s), he/she must complete the six (6)-month trial custody except for those enumerated in Sec. 7 (b) (i) (ii) (iii).

If the child is below seven (7) years of age and is placed with the prospective adopter(s) through a pre-adoption placement authority issued by the Department, the prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the date the adoptee is placed with the prospective adopter(s).

Article IV – Section 13

Domestic Adoption Act of 1998

Decree of Adoption – If, after the publication of the order of hearing has been complied with, and no opposition has been interposed to the petition, and after consideration of the case studies, the qualifications of the adopter(s), trial custody report and the evidence submitted, the court is convinced that the petitioners are qualified to adopt, and that the adoption would redound to the best interest of the adoptee, 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. The decree shall state the name by which the child is to be known.

The adoption decree shall be effective as of the date of the original petition was filled.

 Kung halimbawang mag a-adopt ka, kung kalian ka nag file ng adoption, yun yung magiging date nang adoption decree. Halimbawa: gusto mong i-adopt si “A”, nag file ka ng adoptiog noong September 26 tapos na grant ang adoption ng December 30, ang lalabas sa adoption decree ay adopted mo sya sa date na September 26. Dahil ang gusto ng batas ay maprotektahan ang lahat ng interes ng mga nasasakupan nito na kung anu man ang mangyari ay proprotektahan nito ang nararapat.

Pag naman mag reregister na kayo ng adoption, nararapat lamang na makipag ugnayan sa local civil register upang ma i-record ang adoption decree at sila na ang bahalang mag send nga mga kopya na dapat ayusin upang mapagtibay ang adoption decree.

Middle name nung adopted. Pag surname nararapat lamang na surname nung adoptor ang ilagay sa bata dahil ang nais nang batas ay kahit na adopted yung bata ay maituring ito na parang isang tunay na anak nila. Sa Middle name naman ay maaaring gamiting nung bata ang tunay nitong surname upang maging middle name.

Article IV – Section 15

By Ian Dela Cruz

Sec.  15. Confidential Nature of Proceedings and Records. — All hearings in adoption cases shall be confidential and shall not be open to the public. All records, books, and papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.chan robles virtual law library

If the court finds that the disclosure of the information to a third person is necessary for purposes connected with or arising out of the adoption and will be for the best interest of the adoptee, the court may merit the necessary information to be released, restricting the purposes for which it may be

REASON FOR CONFIDENTIALITY OF RECORDS IN ADOPTION PROCEEDINGS

Confidentiality is perceived to promote the efficacy of the adoption process and to protect the rights and interest of the natural process and to protect the rights and interest of the natural parents, the adopters and the adoptees.