RULES ON DOMESTIC ADOPTION VS RULES ON INTER-COUNTRY ADOPTION

(A.M. No. 02-6-02)

ADOPTION LAWS

REPUBLIC ACT NO. 8552

REPUBLIC ACT NO. 8043

SHORT TITLE

DOMESTIC ADOPTION ACT

OF 1998
Judicial Adoption
February 25, 1998
R.A 8552 amended
articles 183 up to 193 of
the Family Code of the
Philippines and is the
governing law for Filipino
citizens adopting other
Filipinos (whether relatives
or strangers) with some
exceptions. Rescission of
adoption is no longer
allowed under R.A. 8552.
Is a person below 18 years
of age
(a) Any Filipino Citizen
(b) Any alien
possessing the
same qualification
as above stated for
Filipino nationals
(c) The guardian with
respect to the
wards

INTER-COUNTRY
ADOPTION ACT OF 1995
Extrajudicial Adoption
June 7, 1995
R.A. 8043 on the other
hand, governs the
adoption of Filipinos by
foreigners, and is
implemented by the InterCountry Adoption Board.

(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 sixteen (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

a) his age and the age of the

child to be adopted, showing that
he is at least twenty-seven (27)
years of age and at least sixteen
(16) years older than the child to
be adopted at the time of
application, unless the petitioner
is the parent by nature of the
child to be adopted or the spouse
of such parent, in which case the
age difference does not apply;

WHAT KIND?
Promulgation
WHAT GOVERNS?

Definition of CHILD
Who may adopt?

Qualifications

Is a person below 15 years

of age unless
An alien or a Filipino Citizen
permanently residing abroad may
file an application for intercountry adoption of a Filipino
child

b) if married, the name of the

spouse who must be joined as
co-petitioner except when the

adopter and adoptee may be

waived when the adopter is the
biological parent of the adoptee
or is the spouse of the adoptees
parent;
(2) Any alien possessing the
same qualifications as abovestated 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 three (3)
continuous years prior to the
filing of the petition for adoption
and maintains such residence
until the adoption decree is
entered, 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 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 aliens
qualification to adopt in his
country may be waived for the
following:
(i) a former Filipino citizen who
seeks to adopt a relative within
the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the
legitimate child of his Filipino
spouse; or
(iii) one who is married to a
Filipino citizen and seeks to
adopt jointly with his spouse a
relative within the fourth (4th)
degree of consanguinity or
affinity of the Filipino spouse.
(3) The guardian with respect to
the ward after the termination of

adoptee is a legitimate child of

his spouse;
c) that he has the capacity to act
and assume all rights and
responsibilities of parental
authority under his national laws,
and has undergone the
appropriate counseling from an
accredited counselor in his
country;
d) that he has not been convicted
of a crime involving moral
turpitude;
e) that he is eligible to adopt
under his national law;
f) that he can provide the proper
care and support and instill the
necessary moral values and
example to all his children,
including the child to be adopted;
g) that he agrees to uphold the
basic rights of the child, as
embodied under Philippine laws
and the U. N. Convention on the
Rights of the Child, and to abide
by the rules and regulations
issued to implement the
provisions of Republic Act No.
8043;
h) that he comes from a country
with which the Philippines has
diplomatic relations and whose
government maintains a similarly
authorized and accredited
agency and that adoption of a
Filipino child is allowed under his
national laws; and
i) that he possesses all the
qualifications and none of the
disqualifications provided in this
Rule, in Republic Act No. 8043
and in all other applicable

the guardianship and clearance

of his financial accountabilities.

Philippine laws.

Husband and wife shall jointly

adopt, except in the following
cases:
(i) if one spouse seeks to adopt
the legitimate child of one spouse
by the other spouse; or
(ii) if one spouse seeks to adopt
his own illegitimate child:
Provided, however, That the
other spouse has signified his
consent thereto; or
(iii) if the spouses are legally
separated from each other.
In case husband and wife jointly
adopt or one spouse adopts the
illegitimate child of the other, joint
parental authority shall be
exercised by the spouses.

Who may be adopted?

(1) Any person below eighteen

(18) years of age who has been
voluntarily committed to the
Department under Articles 154,
155 and 156 of P.D. No. 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;

Only a child legally available for

domestic adoption may be the
subject of inter-country adoption.

(5) A child whose adoption has

been previously rescinded; or
(6) 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.

Where to file?

What may be included in

the petition for adoption?

(7) A child not otherwise

disqualified by law or these rules.
The petition for adoption shall be
filed with the Family Court of the
province or city where the
prospective adoptive parents
resides.

May include prayer for

change of name,
rectification of simulated
birth or declaration that
the child is a foundling,
abandoned, dependent or
neglected child.

A verified petition to adopt a

Filipino child may be filed by a
foreign national or Filipino citizen
permanently residing abroad with
the Family Court having
jurisdiction over the place where
the child resides or may be
found.

Only petition for adoption.

What should be the

contents of the petition?

he 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 sixteen (16) years older
than the adoptee, unless the
adopter is the biological parent of
the adoptee or is the spouse of
the adoptees parent; and is in a
position to support and care for
his children in keeping with the
means of the family and has
undergone pre-adoption services
as required by Section 4 of
Republic Act No. 8552.
2) If the adopter is an alien, the
petition shall allege the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) (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

a) his age and the age of the

child to be adopted, showing that
he is at least twenty-seven (27)
years of age and at least sixteen
(16) years older than the child to
be adopted at the time of
application, unless the petitioner
is the parent by nature of the
child to be adopted or the spouse
of such parent, in which case the
age difference does not apply;
b) if married, the name of the
spouse who must be joined as
co-petitioner except when the
adoptee is a legitimate child of
his spouse;
c) that he has the capacity to act
and assume all rights and
responsibilities of parental
authority under his national laws,
and has undergone the
appropriate counseling from an
accredited counselor in his
country;
d) that he has not been convicted
of a crime involving moral
turpitude;
e) that he is eligible to adopt
under his national law;
f) that he can provide the proper
care and support and instill the
necessary moral values and
example to all his children,
including the child to be adopted;
g) that he agrees to uphold the
basic rights of the child, as
embodied under Philippine laws
and the U. N. Convention on the
Rights of the Child, and to abide
by the rules and regulations
issued to implement the
provisions of Republic Act No.
8043;

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 at least three (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 aliens qualification to
adopt in his country and of
residency may be waived if the
alien:
(i) is a former Filipino citizen who
seeks to adopt a relative within
the fourth degree of
consanguinity or affinity; or
(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
fourth 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 joint adoption except if:
(a) one spouse seeks to adopt
the legitimate child of the other,
or
(b) if one spouse seeks to adopt
his own illegitimate child and the

h) that he comes from a country

with which the Philippines has
diplomatic relations and whose
government maintains a similarly
authorized and accredited
agency and that adoption of a
Filipino child is allowed under his
national laws; and
i) that he possesses all the
qualifications and none of the
disqualifications provided in this
Rule, in Republic Act No. 8043
and in all other applicable
Philippine laws.

other spouse signified written

consent thereto, or
(c) if 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 1997 Rules of Civil
Procedure.

Is there a need to include

income tax returns, police
clearance, character
reference, family picture,

No

Should be annex

birth certificate of
adopter?
What law will apply when
a foreigner who is married
to a Filipino citizen seeks
to adopt jointly with
his/her spouse a relative
within the fourth degree of
consanguinity of affinity of
the Filipino spouse?
Supervised Trial Custody

Penalty for any

government official,
employee of functionary
who shall be found guilty
of violating any of the
provision of this adoption
laws

R.A. 8552 will applies.

R.A. 8043 does not

applies.

Supervised trial custody

period in the Philippines
for at least six (6) months.
(But may be reduce or
exempt parties from
custodies)
Shall automatically suffer
suspension until the
resolution of the cases.

Supervised trial custody

period in the Philippines
for at least six (6) months.

The Clerk of Court shall keep a

book of adoptions showing the
date of issuance of the decree in
each case, compliance by the
Civil Registrar with Section 16(B)
(3) and all incidents arising after
the issuance of the decrees.

ASSIGNMENT ON SPECIAL PROCEEDINGS

REYNOLD JOHN F. GIME

LLB

SUBMITTED TO:
ATTY. BRENDA LIM-TANGARORANG