CHAPTER 6:

ADOPTION, FAMILY,
AND DELINGQUENCY
 WHAT IS ADOPTION?
ADOPTION- is the social, emotional and legal process in
which children who will not be raised by their birth
parents become full and permanent legal members of
another family while maintaining genetic and
psychological connections to their birth family.

- it gives the adopted child the same rights, status and

privileges as those of a birth child.
 RA. 8552 or DOMESTIC
ADOPTION ACT OF 1998
• It is the law establishing the rules and policies on the
domestic adoption of Filipino children. Both husband and
wife shall jointly adopt, except for the ff reasons.

1.) If one spouse seeks to adopt the legitimate

son/daughter of the other; or

2.) if one spouse seeks to adopt his/her own illegitimate

son/daughter: provided that the other spouse has signified
his/her consent thereto; or

3.) If the spouses are legally separated from each other.

QUALIFICATIONS OF AN ADOPTER
According to RA 8552, the following may adopt;
• The adopter must be a Filipino citizen
• He must be 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;
• 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/her
children in keeping with the means of the family
 Any alien possessing the same qualifications as stated for Filipino nationals, plus the ff
additional requirements

• His/her country has diplomatic relations with the Republic of

the Philippines;

• He/she has been living in the Philippines for at lease three (3)
continuous years prior to the filing of the application for
adoption and maintains such residence until the adoption
decree is entered.

• He/she has been certified by his/her diplomatic or consular

office or any appropriate government agency to adopt in
his/her country, and

• His/her government allows the adoptee to enter his/her

country as his/her adopted son/daughter.
 In addition, the requirements on residency and certification of the
alien’s qualification to adopt in his/her country may be waived for the ff.

• A former Filipino citizen who seeks to adopt a relative

within the Fourth (4th) degree of consanguinity or affinity; or

• One who seeks to adopt the legitimate son/daughter of

his/her Filipino spouse; or

• One who is married to a Filipino citizen and seeks to adopt

jointly with his/her spouse a relative within the Fourth (4 th)
degree of consanguinity or affinity of the Filipino spouse; or

• The guardian with respect to the ward after the termination

of the guardianship and clearance of his/her financial
accountabilities
 QUALIFICATIONS OF ADOPTEE
The Domestic Adoption Act of 1998 stated the following may be
adopted:

• Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption;
• The legitimate son/daughter of one spouse by the other spouse;
• An illegitimate son/daughter by a qualified adopter to improve
his/her status to that of legitimacy;
• 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
• A child whose adoption has been previously rescinded; or
• A child whose biological or adoptive parent(s) has died:
provided, that no proceedings shall be initiated within six (6) months
from the time of death of said parent/s.
 PRE-ADOPTION SERVICES REQUIREMENT FOR ADOPTION

Under sec. 4 of RA 8552, there is a Pre-adoption

Counseling Services. The Department of Social
Welfare and Development (DWSD) shall provide the
services of licensed social workers to the ff.

1.) Biological Parents/s

2.) Prospective Adoptive Parent/s

3.) Prospective Adoptee

Pre-
adoption
Services
Requireme
nt for
Section 4 of RA 8552
Adoption
 Section 4 RA
8552
There is a Pre-adoption
Counseling Services provided
by the (DSWD) or Licensed
Social Workers
 01 Biological
Parent/s

Pre-adoption
.
Counseling
02 Prospective
Adoptive
Services
. Parent/s

03 Prospective
Adoptee

.
Biological
Parent/s
Counseling shall be provided to the
parent(s) before and after the birth of
his/her child. No binding commitment to
an adoption plan shall be permitted
before the birth of his/her child. A
period of six (6) months shall be allowed
for the biological parent(s) to reconsider
any decision to relinquish his/her child
for adoption before the decision
becomes irrevocable. Counseling and
rehabilitation services shall also be
off ered to the biological parent/s after
he/she has relinquished his/her child for
adoption.
Prospectiv
e Adoptive
Parent/s
Counseling sessions,
adoption fora and
seminars, among others,
shall be provided to
prospective adoptive
parent/s to resolve
possible adoption issues
and to prepare him/her for
eff ective parenting.
Prospective
Adoptee
Counseling sessions shall be
provided to ensure that
he/she understands the
nature and eff ects of
adoption and is able to
express his/her views on
adoption in accordance with
his/her age and level of
maturity.
PROCEDURE ON
ADOPTION
No to hurried decision 16

• In all proceedings for adoption, the

court shall require proof that the
biological parent/s has been properly
counseled to prevent him/her from
making hurried decisions caused by
strain or anxiety to give up the child,

• and to sustain that all measures to

strengthen the family have been
exhausted and that any prolonged
stay of the child in his/her own home
will be inimical to his/her welfare and
interest.
 Case Study before the
Adoption Proceedings
• No petition for adoption shall be set for hearing unless a
licensed social worker of the DSWD, the social service
office of the local government unit, or any child-placing
or child-caring agency has made a case study of the
adoptee, his/her biological parent/s, as well as the
adopter/s, and has submitted the report and
recommendations on the matter to the court hearing
such petition

• The case study on the adoptee shall establish that

he/she is legally available for adoption and that the
documents to support this fact are valid and authentic.
Further, the case study of the adopter(s) shall ascertain
his/her genuine intentions and that the adoption is in
the best interest of the child.
3. Supervised
Trial Custody
• No petition for adoption shall be finally granted until
the adopter/s has been given by the court a
supervised trial custody period for at least six (6)
months within which the parties are expected to
adjust psychologically and emotionally to each other
and establish a bonding relationship. During said
period, temporary parental authority shall be vested
in the adopter/s

• The court, through the court social worker, monitors

the relationship of the adoptive parents and the
adopted child. Periodic reports are submitted by the
court social worker, who shall ensure that the child
is well-cared for and the best interests of the child
are maintained.
 19
4. Decree of Adoption
• After the publication of the order of
hearing has been complied with, and no
opposition has been interposed to the
petition, and after consideration of the
case studies,

• the qualifications of the adopter/s, trial

custody report and the evidence
submitted, the court is convinced that the
petitioners are qualified to adopt, and that
the adoption would redound to the best
interest of the adoptee, a decree of
adoption shall be entered which shall be
effective as of the date the original
petition was filed. The decree shall state
5. Changes in the Civil Registry 20

Records of the Child

• As an effect of the adoption, an
amended certificate of birth shall be
issued by the Civil Registry, as required
by the Rules of Court, attesting to the
fact that the adoptee is the child of the
adopter(s) by being registered with
his/her surname.

• The original certificate of birth shall be

stamped "canceled" with the annotation
of the issuance of an amended birth
certificate in its place and shall be
sealed in the civil registry records. The
new birth certificate to be issued to the
adoptee shall not bear any notation that
Legal effects of an
adoption decree

By: Felias, Pearly Joy

 .
PARENTAL AUTHORITY

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
 .
LEGITIMACY
THE ADOPTEE IS CONSIDERED THE LEGITIMATE
SON/DAUGHTER OF THE ADOPTER/S, AS SUCH IS
ENTITLED TO ALL THE RIGHTS AND OBLIGATIONS
PROVIDED BY LAW TO LEGITIMATE SONS/DAUGHTER
BORN TO THEM WITHOUT DISCRIMINATION OF ANY
KINF.
 SUCCESSION
.
IN LEGAL AND INTESTATE SUCCESSION, THE
ADOPTER/S AND THE ADOPTEE SHALL HAVE
RECIPROCAL RIGHTS OF SUCCESSION WITHOUT
DISTINCTION FROM LEGITIMATE FILIATION
 PARENTING
.
IT IS THE PROCESS OF RAISING CHILDREN AND
PROVIDING THEM WITH PROTECTION AND CARE IN
ORDER TO ENSURE THEIR HEALTHY DEVELOPMENT
INTO ADULTHOOD.
 PARENTHOOD
.
IT IS THE STAGE WHERE A PERSON IS READY TO
CARRY OUT PROPER AND WELL- ORGANIZED
PARENTING.

RESPONSIBLE PARENTHOOD IS THE WILL AND

ABILITY OF PARENTS TO RESPOND TO THE NEEDS
AND ASPIRATIONS OF THE FAMILY AND CHILDREN.
 .
FAMILY STRUCTURE

FAMILY IS A BASIC INSTITUTION, AND A

FOUNDATION OF THE NATION.

THE MEMBERS OF THE HOUSEHOLD WHO ARE

LINKED BY MARRIAGE OR BLOODLINE.
 KIND'S OF FAMILY STRUCTURE

Children grow up in many different structures of families, and, at

different times in their lives, their family structure may change. For
young children, the family in which they live is the "normal" family. It is
when children enter group programs outside of their homes that they
discover that there are many kinds of families and that the important
adults in those programs may or may not think of the child's family as
"normal" or acceptable. The types of family structure are a combination
of two or more of the following.
1. Adoptive family

A family where one or more

of the children has been
adopted.
2. Bi-racial or Multi-racial Family
A family where the parents are members of different
racial identity groups.
3. Blended Family
Also known as the binuclear family. A family that consists
of members from two or more previous families.
4. Co- custody Family
An arrangement where divorced parents both have legal responsibility
for their children. Children may alternatively live with both parents or
live with one and have regular visitation with the other.
5. Cohabiting Families
A family in which the child's parents is living with at least one
opposite-sex, nonrelated adult. This additional adult may or
may not be the biological parent of the child.
6. Conditionally Separated Families
A family member is separated from the rest of the family. This may
be due to employment far away; military service; incarceration;
hospitalization. They remain significant members of the family.
7. Extended Family
A family where Grandparents or Aunt's and Uncles play major roles in the children's
upbringing. This may or may not include those relatives living with the children.
These family members may be in addition to the child's parents or instead of the
child's parents.
8. Foster Family

A family where one or more of the children are legally a temporary

member of the household. This "temporary" period may be as short as
a few days or as long as the child's entire childhood. Kinship care
families are foster families where there is a legal arrangement for the
child to be cared for by relatives of one of the parents.
9. Gay or Lesbian Family
A family where one or both of the parents' sexual
orientation is gay or lesbian.
10. Nuclear Family
A family in which a child lives with two married biological
parents and with only full siblings, if siblings are present.
11. Single Parent Family
This can be either a father or a mother who is singly responsible for the raising of a
child. The child can be by birth or adoption. They may be a single parent by choice or
by life circumstances. The other parent may have been part of the family at one time
or not at all.
Parental
Authority
 Parental
01 Authority
 refers to a parents’
rights and Under their parental
responsibilities toward authority, parents make
their children from the decisions that affect their
children’s weel-being.
minute they are born
until they turn 18.
Family Code (1987) In case of disagreement

the father and the

mother shall jointly  Father’s decision
exercise parental shall prevail
authority over the
persons of their  Judicial order to
common children. the contrary
 Under parental
authority

Children shall always

observe respect and obliged to
reverance towords their
parents obey
parental authority over the child in the order
indicated
(EO 209, 1987, Article 216):

1. The 2.The oldest brother 3.The child’s actual

surviving or sister, over custodian, over
twenty-one years twenty-one years
grandparent; of age, unless unfit of age, unless
or disqualified; and unfit
or disqualified.
 The school, its administrators and
teachers
 entity or institution ─ engaged in a
child have special parental authority
and responsibilty over the minor child
while under their supervision,
intruction, or custody

—(EO 209,1987, Article 218

The parents and those exercising parental
authority shall have the following rights and
duties
(EO 209, 1987, Article 220):

To keep them in their company, to support,

educate and instruct them by right precept
and good example, and to provide for their
upbringing in keeping with their means;
 To give them love and affection, advice and
counsel, companionship and understanding;

To provide them with moral and spiritual

guidance, inculcate in them honestly, integrity,
self-discipline, self-reliance, industry and thrift

stimulate their interest in civic affairs, and inspire

in them compliance with the duties of citizenship;
To furnish them with good and wholesome
educational materials, supervise their
activities, recreation and association with
others, protect them from bad company,
and prevent them from acquiring habits
detrimental to their health, studies and
morals;
To represent them in all matters
affecting their interests;

To demand from them

respect and obedience;
To impose discipline on them as may be
required under the circumstances; and

To perform such other duties

as imposed by law upon
parents and guardians.
 PARENTING STYLE

CHRISTIAN PAUL DORDAS

CONTENTS

1. Authoritative style

2. Authoritarian style

3. Permissive/Indulgent

4. Uninvolved/Neglectful
 Parenting
 Isstyle
define as a constllation of
parents attitudes and behaviors
towards children and a
emotional climate in which the
parents behavior are expressed.
 Each parenting style has differents
effects on children behavior and can
identified by certain characteristics as
well as degree of responsiveness,
which refers to the extent to which
parents are warm and sensitive to
their children needs, and demandings ,
which refers to the extent of control
parents put on their children in an
AUTHORITATIVE
STYLE
 High support
 High demand

 It is characterized by high levels of both

responsiveness and demandings.

 The Authorative parent has high responsiveness and

demandingness and sets clear rules and
expectations for their kids while practicing flexibility
and understanding
 "TENDER TEACHER approach
is deemed the most optimal
parenting style to use,
children whose parent use the
Authorative style are generally
happy,capable,and successful
 They also communicate
frequently and they listen to
and take into consideration
their childrens thoughts
feelings and opinions.
 Also they allow natural
consequences to occur ( kids fall
quizzes when they don't study).
But use those opportunities to
help their kids reflect and learn.
Authoritarian
Style
 It is characterized by low responsiveness and high
demandings.

 Parent usning the authoritarian or rigid rule

approach are low in support and high in
demandings.
 High control, low warmth Emphasize
obedience and deciplane, often using
Punishment.
  Permissive/
indulgent style

High responsive and

low demandings

 Parent using this approach are

lenient, do not expect their
children to adhere boundaries or
rule and avoid confrontation.
 UNINVOLVED/NEGLECTFUL
STYLE

 Low responsiveness lodemandings

 Children reared by parents who are low in both

support and demandings, lack of self control and
low demandings