DOMESTIC ADOPTION LAW

SECTION 1. APPLICABILITY OF THE RULE - This Rule covers the domestic adoption of Filipino children.

SECTION 2. OBJECTIVES -

(a) The best interest of the child shall be the paramount consideration in all matters relating to his care, custody, and adoption, in accordance with Philippine laws, the UN Convention on the Rights of the Child, UN Declaration on Social and Legal Principles relation 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 Inter-country Adoption.

(b) The State shall provide alternative protection and assistance through foster care or adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this end, the State shall:

1. ensure that every child remains under the care and custody of his parents and is provided with love, care, understanding, and security for the full and harmonious development of his 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.
2. safeguard the biological parents from making hasty decisions in relinquishing their parental authority over the child;
3. prevent the child from unnecessary separation from his biological parents;
4. conduct public information and educational campaigns to promote a positive environment for adoption;
5. ensure that government and private sector agencies have the capacity 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;
6. encourage domestic adoption so as to preserve the child's identity and culture in his native land, and only when this is not available shall inter-country adoption be considered as a last resort; and
7. protect adoptive parents from attempts to disturb their parental authority and custody over their 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 custody transferred to the DSWD 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.

SECTION 3. DEFINITION OF TERMS -

(a) "Child" is a person below 18 at the time of filing of the petition for adoption.

(b) "A child legally available for adoption" refers to a child who has been voluntarily or involuntarily committed to the Department or to any accredited child-placing or child-caring agency, freed of the parental authority of his biological parents, or in case of rescission of adoption, his guarding, or adopter(s).

(c) "Voluntarily committed child" is one whose parents knowingly and willingly relinquish parental authority over him in favor of the Department.

(d) "Involuntarily committed child" is one whose parents, known or unknown, have been permanently and judicially deprived of parental authority over him due to abandonment, substantial, continuous or repeated neglect and abuse, or incompetence to discharge parental responsibilities.

(e) "Foundling" refers to a 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 and registered in the Civil Register as a "foundling."

(f) "Abandoned child" refers to one who has no proper parental care or guardianship or whose parents have deserted him for a period of at least 6 continuous months and has been judicially declared as such.

(g) "Dependent child" refers to one who is 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.

(h) "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.

(s) "Simulation of birth" is the tampering of then civil registry to make it appear in the birth records that a certain child was born to a person who is not his biological mother, thus, causing such child to lose his true identity and status.

(u) "Pre-Adoption Services" refer to the psycho-social services provided by professionally-trained social workers of the Department, the social service units of local governments, private and governmental health facilities, Family Courts, licensed and accredited child-caring and child-placement agencies and other individuals or entities involved in adoption as authorized by the Department.

(v) "Residence" means a person's actual stay in the Philippines for 3 continuous years immediately prior to the filing of a petition for adoption and which is maintained until the adoption decree is entered. Temporary absences for professional, business, health, or emergency reasons not exceeding 60 days in 1 year does not break the continuity requirement.

(w) "Alien" refers to any person, not a Filipino citizen, who enters and remains in the Philippines and is in possession of a valid passport or travel documents and visa.

SECTION 4. WHO MAY ADOPT -

(1) 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, who is emotionally and psychologically capable of caring for children, at least 16 years older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of a 16-year 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.

(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, that his country has diplomatic relations with the Republic of the Philippines, that he has been living in the Philippines for at least 3 continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he had been certified by hsi diplomatic or consular office or any appropriate governmental agency to have the legal capacity to adopt in his country, and that his government allows the adoptee to enter his country as his adopted child. Provided further, that the requirements on residency and certification of the alien's qualification to adopt in his country may be waived for the following:

• a former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity;
• one who seeks to adopt the legitimate child of his Filipino spouse; or
• one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the 4th degree of consanguinity or affinity of the Filipino spouse.

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

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

• if one spouse seeks to adopt the legitimate child of one spouse by the other spouse;
• if one spouse seeks to adopt his own illegitimate child: provided however, that the other spouse has signified his consent thereto; or
• if the spouses are legally separated from each other.

SECTION 5. WHO MAY BE ADOPTED -

(1) Any person below 18 who has been voluntarily committed to the Department under Arts 154, 155, and 156 of PD 603 or judicially declared available for adoption;

(2) The legitimate child of one spouse, by the other spouse;

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;

(4) A person of legal age, regardless of civil status, if prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority;

(5) A child whose adoption has been previously rescinded;

(6) A child whose biological or adoptive parents have died: provided that no proceedings shall be initiated within 6 months from the time of death of said parents;

(7) A child not otherwise disqualified by law or these rules.

SECTION 6. VENUE - The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.

SECTION 7. CONTENTS OF THE PETITION - The petition shall be verified and specifically state at the heading of the initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned dependent, or neglected.

(1) If the adopter is a Filipino citizen, the petition shall allege the following:

(a) the jurisdictional facts;

(b) that the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character; has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children; is at least 16 years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee's parent; and is in a position to support and care for his children in keeping with the means of the family hand has undergone pre-adoption services as required by Section 4 of RA 8552.

(2) If the adopter is an alien, the petition shall allege the following:

(a) the jurisdictional facts;

(b) subparagraph 1(b) above;

(c) that his country has diplomatic relations with the Republic of the Philippines;

(d) that he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and

(e) that he has been living in the Philippines for a t least 3 continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered.

The requirements of certification of the alien's qualification to adopt in his country and residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity;

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the 4th degree of consanguinity or affinity of the Filipino spouse.

(3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial accountabilities.

(4) If the adopter is married, the spouse shall be a co-petitioner for the joint adoption except if:

(a) one spouse seeks to adopt the legitimate child of the other;

(b) one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto; or

(c) the spouses are legally separated from each other.

(5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as name of child, date of birth, place of birth, if known, sex, name, and citizenship of adoptive mother and father, and the date and place of their marriage.

(6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.

In all petitions, it shall be alleged:

(a) the first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal, or foundling certificate and school records;

(b) that the adoptee is not disqualified by law to be adopted;

(c) the probable value and character of the estate of the adoptee;

(d) the first name, surname, or names by which the adoptee is to be known and registered in the civil registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the rules of Civil Procedure.

SECTION 19. RESCISSION OF ADOPTION OF THE ADOPTEE - The petition shall be verified and filed by the adoptee who is over 18, or with the assistance of the Department, if he is a minor, or if he is over 18 but is incapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:

(1) repeated physical and verbal maltreatment by the adopter despite having undergone counselling;

(2) attempt on the life of the adoptee;

(3) sexual assault or violence; or

(4) abandonment or failure to comply with parental obligations.

Adoption being in the best interests of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

SECTION 20. VENUE - the petition shall be filed with the Family Court of the city or province where the adoptee resides.

SECTION 21. TIME WITHIN WHICH TO FILE PETITION - The adoptee, if incapacitated, must file the petition for rescission or revocation of adoption within 5 years after he reaches the age of majority, or if he was incapacitated, at the time of adoption, within 5 years after recovery from such incapacity.

SECTION 23. JUDGMENT - If the court finds that the allegations of the petition are true, it shall render judgment ordering the rescission of adoption, with or without costs, as justice requires.

The court shall order that the parental authority of the biological parent of the adoptee, if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated and declare that the reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.

The court shall further declare that the successional rights shall revert back to its status prior to adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

the court shall further order the civil register where the adoption decree was registered to cancel the new birth certificate of the adoptee and reinstate his original birth or foundling certificate.