Adoption is defined as the socio-legal process of providing a permanent family to a child whose parents had voluntarily or involuntarily given up their parental rights, permanently transferring all rights and responsibilities, along with filiation, making the child a legitimate child of the adoptive parents.
In the Philippines, adoption proceedings have become purely administrative process. With the passage of Republic Act No. 11642 (“RA No. 11642”), otherwise known as the “Domestic Administrative Adoption and Alternative Child Care Act of 2022”, jurisdiction over petitions for domestic adoption are now lodged with the National Authority for Child Care.
For brevity, we list down below the two important provisions of RA 11642 that individuals or couples should look out for before embarking on a journey of adoption, to wit:
- Who May Adopt
- Any Filipino citizen at least twenty-five (25) years of age, who is in possession of full civil capacity and legal rights; has not been convicted of any crime involving moral turpitude; is of good moral character and can model the same; is 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 adopted children in keeping with the means of the family: Provided,That the requirement of sixteen (16)-years difference between the age of the adopter and the adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s parent;
- The legal guardian with respect to the ward after the termination of the guardianship and clearance of financial accountabilities;
- The legal guardians with respect to the foster child;
- Philippine government officials and employees deployed or stationed abroad: Provided,That they are able to bring the child with them; and
- Foreign nationals who are permanent or habitual residents of the Philippines for at least five (5) years possessing the same qualifications as above stated for Filipino nationals prior to filing of the petition: Provided,That they come from a country with diplomatic relations with the Republic of the Philippines and that the laws of the adopter’s country will acknowledge the Certificate of Adoption as valid, acknowledge the child as a legal child of the adopters, and allow entry of the child into such country as an adoptee: Provided,further, That requirements of residency may be waived for the following:
- A former Filipino citizen, habitually residing in the Philippines, who seeks to adopt a relative within fourth (4th) civil degree of consanguinity or affinity; or
- One who seeks to adopt the legitimate child of the Filipino spouse; or
- One who is married to a Filipino citizen and seeks to adopt jointly with the spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
Spouses shall jointly adopt, except in the following cases:
- If one spouse seeks to adopt the legitimate child of the other; or
- If one spouse seeks to adopt own illegitimate child: Provided,That the other spouse has signified consent thereto; or
- If the spouses are legally separated from each other.
- Who May Be Adopted
- Any child who has been issued a Certificate Declaring a Child Legally Available for Adoption;
- The legitimate child of one spouse by the other spouse;
- An illegitimate child by a qualified adopter to improve status of legitimacy;
- A Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child for a period of at least three (3) years;
- A foster child;
- A child whose adoption has been previously rescinded;
- A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents; or
- A relative of the adopter.
In a case decided by the Supreme Court, the higher court enumerated the following effects of adoption: (1) sever all legal ties between the biological parent(s) and the adoptee, except when the biological parent is the spouse of the adopter; (2) deem the adoptee as a legitimate child of the adopter; and (3) give adopter and adoptee reciprocal rights and obligations arising from the relationship of parent and child, including but not limited to: (i) the right of the adopter to choose the name the child is to be known; and (ii) the right of the adopter and adoptee to be legal and compulsory heirs of each other. Therefore, even if emancipation terminates parental authority, the adoptee is still considered a legitimate child of the adopter with all the rights of a legitimate child such as: (1) to bear the surname of the father and the mother; (2) to receive support from their parents; and (3) to be entitled to the legitime and other successional rights. Conversely, the adoptive parents shall, with respect to the adopted child, enjoy all the benefits to which biological parents are entitled such as support and successional rights[1].
We are mindful of the fact that adoption statutes, being humane and salutary, hold the interests and welfare of the child to be of paramount consideration. They are designed to provide homes, parental care and education for unfortunate, needy or orphaned children and give them the protection of society and family, as well as to allow childless couples or persons to experience the joys of parenthood and give them legally a child in the person of the adopted for the manifestation of their natural parental instincts. Every reasonable intendment should be sustained to promote and fulfill these noble and compassionate objectives of the law.
[1] G.R. Nos. 168992-93, 21 May 2009.
