Query: A Question Arises On Whether This Provision Has Been Impliedly Repealed by RA 8552

EFFECTS OF ADOPTION
RA 8552
Section 16. Parental Authority. – Except in cases where the biological parent is the spouse of
the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and
the same shall then be vested on the adopter(s).
Section 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations
provided by law to legitimate sons/daughters born to them without discrimination of any kind.
To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of
the family.
Section 18. Succession. – In legal and intestate succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without distinction from legitimate filiation. However, if the
adoptee and his/her biological parent(s) had left a will, the law on testamentary succession
shall govern.
Family Code
Art. 189. Adoption shall have the following effects:
(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and
both shall acquire the reciprocal rights and obligations arising from the relationship of parent
and child, including the right of the adopted to use the surname of the adopters;
(2) The parental authority of the parents by nature over the adopted shall terminate and be
vested in the adopters, except that if the adopter is the spouse of the parent by nature of the
adopted, parental authority over the adopted shall be exercised jointly by both spouses; and
(3) The adopted shall remain an intestate heir of his parents and other blood relatives.
(39(1)a, (3)a, PD 603)
EFFECTS ON SUCCESSIONAL RIGHTS
Family Code:
Art. 189, par. (3)
The adopted shall remain an intestate heir of his parents and other blood relatives.
Query:
A question arises on whether this provision has been impliedly repealed by RA 8552.
RA 8552:
Section 16. Parental Authority. – Except in cases where the biological parent is the spouse of
the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed
and the same shall then be vested on the adopter(s).
Section 18. Succession. – In legal and intestate succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without distinction from legitimate filiation. However, if the
adoptee and his/her biological parent(s) had left a will, the law on testamentary succession
shall govern.
Family Code RA 8552

Art. 189, par. (3) Section 16. Parental Authority. – Except in
The adopted shall remain an intestate heir cases where the biological parent is the
of his parents and other blood relatives. spouse of the adopter, all legal ties between
the biological parent(s) and the adoptee shall
be severed and the same shall then be
vested on the adopter(s).
Section 18. Succession. – In legal and

intestate succession, the adopter(s) and the
adoptee shall have reciprocal rights of
succession without distinction from
legitimate filiation. However, if the adoptee
and his/her biological parent(s) had left a
will, the law on testamentary succession
shall govern.
*ALL legal ties pertains to successional ties also. “In legal and intestate succession, the
adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from
legitimate filiation.”
-There is no mention that the legal and intestate succession between the adopter and
adopted shall continue
-EXCEPT: If the adoptee and the biological parents left a will. (Sec.18)
What’s the significance?

The adopted child shall lose all ties with the biological family. If the biological parents
still want to leave inheritance to their child, they must execute a will for this purpose, unlike in
the FC which gives this right automatically. Also, the right to execute a will for the benefit of the
child may no longer be enjoyed by the other blood relatives, unlike in the FC.
*NOTE: Family Code provides:
Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the
following rules:
(1) Legitimate and illegitimate children and descendants and the surviving spouse of the
adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or
intestate succession;
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted
concur with the adopter, they shall divide the entire estate, one-half to be inherited by the
parents or ascendants and the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the adopted concur with the
adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the
spouse or the illegitimate children of the adopted and the other half, by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving spouse of the
adopted, they shall divide the entire estate in equal shares, one-third to be inherited by the
illegitimate children, one-third by the surviving spouse, and one-third by the adopters;
(5) When only the adopters survive, they shall inherit the entire estate; and
(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal
or intestate succession shall apply. (39(4)a, PD 603)

Query: A Question Arises On Whether This Provision Has Been Impliedly Repealed by RA 8552

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EFFECTS OF ADOPTION

Art. 189. Adoption shall have the following effects:

EFFECTS ON SUCCESSIONAL RIGHTS

Family Code RA 8552

Section 18. Succession. – In legal and

What’s the significance?

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