Domestic Adoption

Who may adopt

a. Filipino
1. Legal age
2. In possession of full civil capacity and legal rights
3. Of good moral character, has not been convicted of any crime
involving moral turpitude
4. Emotionally and psychologically capable in caring for children
5. At least 16 years older than adoptee (may be waived when adopter is
the biological parent of the adoptee)
6. In a position to support and care for his/her children in keeping with the
means of the family
b. Alien
1. Possessing same qualification as above stated for Filipinos
2. Country has diplomatic relations with RP
3. He/she has been living in the PH for at least 3 continuous years prior to
the filing of the application for adoption and maintains such residence
until adoption decree is entered
4. Certified by diplomatic or consular officer or any appropriate govt
agency to have legal capacity to adopt in his/her country
5. Govt of adopter allows adoptee to enter country
**3 & 4 may be waived
Former Filipino citizen seeks to adopt a relative within the 4 th
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 4 th degree of
consanguinity or affinity o the Filipino spouse
c. Guardian with respect to the ward after the termination of guardianship and
clearance of his/her financial accountabilities
d. **Husband and wife shall jointly adopt, except:
i. If the spouse seeks to adopt the illegitimate son/daughter of the
other; or
ii. If one spouse seeks to adopt his/her own illegitimate son/daughter
*other spouse must consent
iii. legally separated
i.

Who may be adopted

a. Any person below 18 years old who has been administratively or judicially
declared available for adoption
b. Legit son/daughter of one spouse by the other spouse
c. An illegit 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 biological or adoptive parent(s) has died
*no proceedings shall be initiated within 6 mos from death

Whose consent is necessary for adoption

a. The adoptee, if 10 years of age or over
b. Biological parent(s) of the child, if known, or the legal guardian, or the proper
govt instrumentality which has legal custody of the child
c. Legit and adopted sons/daughters, 10 y.o or over, of the adopter(s) and
adoptee, if any
d. The illegit sons/daughter, 10 yrs 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
Supervised Trial Custody
o
o
o

For at least 6 mos

Parties expected to adjust psychologically and emotionally to each other and
establish a bonding relationship
Temporary parental authority

*May be reduced by court, but mandatory for alien adopters exc Sec 7 (b) (i) (ii)
(iii)
Decree of Adoption
o

Effective as of the date of the original petition was filed.

Confidential Nature of Proceedings and Record

o

All hearings

Effects of Adoption
o

all legal ties between the biological parent(s) and the adoptee shall be
severed and the same shall be vested on the adopter

Grounds for Rescission

o
o
o
o

repeated physical and verbal maltreatment by the adopters despite

having undergone counseling
attempt on the life of the adoptee
sexual assault or violence
abandonment and failure to comply with parental obligations
**Only adoptee may rescind
**But adopter may disinherit

Effects of Rescission
o
o
o
o

parental authority of biological parents or legal custody of department

restored
reciprocal rights and obligations of the adopter(s) and the adoptee to each
other shall be extinguished
amended birth cert shall be cancelled
succession rights shall revert to its status prior to adoption. Vested rights
respected.