ADOPTION

 Adoption is a juridical act which creates between two persons, a relationship similar to that which results from
legitimate paternity. (Prasnick vs. Republic, 98 Phil. 669).

 Adoption is juridical act, a proceeding in rem, which creates between the two persons a relationship similar to that
which results from legitimate paternity filiation.

 It is not an adversarial proceeding, An adversarial proceeding is one having opposing parties, contested, as
distinguished from an ex parte application, one of which the party seeking relief has given legal warning to the other
party and afforded the latter an opportunity to contest it excludes an adoption proceeding. In adoption, there is no
particular defendant to speak of since the proceeding involved the status of a person it being an action in rem.

INTER COUNTRY ADOPTION

 It refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing
abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued in
the Philippines. (Section 3 (a), RA 8043).

 Under Republic Act (RA) No. 8043, otherwise known as the Inter-Country Adoption Act, any qualified foreign national
or Filipino citizen permanently residing abroad desiring to adopt a Filipino child need not go to the Philippines to
apply for adoption.

 The applicant may file the application with the Inter-Country Adoption Board (“ICAB”) through the Central Authority
or an accredited Foreign Adoption Agency (FAA) in the country where he/she resides.

 If the applicant is in the Philippines, the application may also be filed with the Philippine Regional Trial Court having
jurisdiction over the child. For purposes of inter-country adoption, any child who has been voluntarily or involuntarily
committed to the Department of Social Welfare and Development (“DSWD”) as dependent, abandoned or neglected,
may be adopted.

 Prior to adoption, and in order to ensure a mutually satisfying parent-child relationship, a matching conference will be
carried out where the children available for adoption will be judiciously paired with the applicants.

 The applicants cannot directly engage in any matching arrangement with a particular child’s parents/guardians, as all
matching processes should be conducted and approved by the ICAB. After matching, there will be trial custody where
the child will be physically transferred to the adopters. Once all the travel documents of the child are ready, the
adoptive parents, or any one of them, shall personally fetch the child in the Philippines.

 In such a case, the adopters must pay the expenses incidental to the pre-adoptive placement of the child, including
the cost of the child’s travel, medical and psychological evaluation and other related expenses. The trial custody is for
a period of six (6) months from the time of placement.

 The ICAB will then look for a suitable family with whom to place the child. If it is unable to find a suitable replacement
family for the child, the ICAB, as a last resort, should arrange for the child’s repatriation. It is the current prospective
adoptive parents who should shoulder the cost of the child’s repatriation.

 On the other hand, if a satisfactory relationship is formed between the applicant/s and the child after the lapse of the
period of trial custody, the applicant/s may then file the appropriate petition for the adoption of the child either with
a regional trial court in the Philippines or through the Central Authority or an accredited FAA in the country where
he/she resides.

 A decree of adoption will thereafter be issued. If adoption is effected in any manner contrary to RA No. 8043, any
person who knowingly participated therein will be penalized. After all, it is compliance with the law that will serve the
best interests of the child.
RA 8552

 RA 8043 That governs the provision on adaptation from Articles 183 – 193 of the Family Code have been repealed and
replaced by R.A. No. 8552 approved by President Fidel V. Ramos on February 25, 1998. The said law is entitled “An act
establishing the rules and policies on the domestic adoption of Filipino Children and for Other Purposes.”

 Article 1, Section 1 of RA 8552 provide a short title for the that states “ This Act shall be known as the Domestic
Adoption Act of 1998”.

Distinction between domestic and inter – country adoption

DOMESTIC

 Governed by RA 8552, the Domestic Adoption Act of 1998; procedure governed by AM No. 02-06-02-SC, August 22,
2022.

INTER-COUNTRY

 Governed by RA 8043, the Inter-Country Adoption Act of 1995; procedure governed by the Amended Implementing
Rules and Regulations on ICAA

DOMESTIC

 Applies to domestic adoption of Filipino children, where the entire adoption process beginning from the filing of the
petition upto the issuance of the adoption decree takes place in the Philippines.

Inter-Country

 Applies to adoption of a Filipino child in a foreign country, where the petition for adoption is filed, the supervised trial
custody is undertaken and the decree of adoption is issued outside of the Philippines

DOMESTIC

 A child legally available for adoption Requisites;

 Below 18 years of age , Judicially declared available for adoption

EXCEMPTIONS

 Legitimate son / daughter of one spouse by the other spouse

 Illegitimate son / daughter by a qualified adopter;

 Person of legal age if price to the adoption said person has been consistently considered and treated by the adopters
as his / her own child since minority

INTER COUNTRY

 Only a legally free child may be adopted. Requisites: , Below 15 years of age, Has been voluntarily or involuntarily
committed to the DSWD in accordance with PD 603.

Who may Adopt under Domestic Adoption - Filipino Citizen

1. Of legal age (2) In possession of full civil capacity legal rights (3) Of good moral character (4) Has not been convicted
of any crime involving moral turpitude (5) Emotionally and Psychologically capable of caring for children (6) In a
position to support and care for his / her children in keeping with the means of the family (7) At least 16 years older
than the adoptee but this latter requirement may be waived if the adopter is the biological parent of the adoptee or
the adopter is the spouse of the adoptee’s parent (8) Permanent resident of the Philippines

Who may Adopt Under Domestic Adoption - Aliens

 1. Some qualifications as above, and in addition (2) His / Her contrary has diplomatic relations with the Republic of the
Philippines. (3) His / Her government allows the adoptee to enter his / her adopted son / daughter (4) Has been living
in the Philippines for at least 3 continues years prior to the filing of the application for adoption and maintains such
residence until the adoption decree is entered (5) Has been certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal capacity to adopt in his/her country. This requirement be
waived if a former Filipino Citizen seeks to adopt a relative withing the 4th degree of consanguinity or affinity can see
to adopt the legitimate son/daughter of his/her Filipino spouse who is married to a Filipino Citizen and seeks to adopt
a relative within the 4th degree of consanguinity or affinity of the Filipino spouse.

Who may Adopt under Inter-Country Adoption - Filipino Citizens

1. Permanent resident of a foreign country; (2). Has the capacity to act and assume all rights and responsibilities of parental
authority under Philippine laws (3.) Has Undergone the appropriate counseling from an accredited counselor in country of
domicile (4.) Has not been convicted of a crime involving moral turpitude (5.) Eligible to adopt under Philippine Laws (6.) In a
position to provide the proper care and support to give the necessary moral values and example to all his children, including the
child to be adopted. (7.) Agrees to uphold the basic rights of the child as embodied under Philippine laws, The UN Convention
on Rights of the child, and to abide by the rules and regulations issued to implement the provisions of the ICAA (8.) Residing in a
country with who the Philippines has diplomatic relations and whose government maintain a similarly authorized and
accredited agency and that adoption is allowed in the country (9.) Possesses all the qualifications and none of the
disqualifications provided in the ICAA and in other applicable Philippine laws; (10.) At least 27 years of age at the time of the
application (11.) At least 16 years older than the child to be adopted at the time of application. unless adopted is the parent by
nature of the child to be adopted. Adopter is the spouse of the parent by nature of the child to be adopted.

Who may Adopt under Inter-Country Adoption – Aliens

At least 27 years of age at the time of the application. At least 16 years older than the child to be adopted at the time of
application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent

Has the capacity to act and assume all rights and responsibilities of parental authority under his national laws , Has undergone
the appropriate counseling from an accredited counselor in his/her country , Has not been convicted of a crime involving moral
turpitude, Eligible to adopt his/her national law

7. In a position to provide the proper care and support and to give necessary moral values and example to all his children
including the child to be adopted

8. Agrees to uphold the basic rights of the child as embodied under Philippine laws, the UN Convention on the Rights of the
Child, and to abide by the rules and regulations issued to implement the provisions of the ICAA

9. Comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly
authorized and accredited agency and that adoption is allowed under his/her national laws

10. Possesses all the qualifications and none of the disqualifications provided in the ICAA and in other applicable Philippine
laws.

DOMESTIC - General Rule: husband and wife shall adopt; otherwise, the adoption shall not be allowed

EXCEPTIONS: If one spouse seeks to adopt the legitimate son/daughter of the other , If one spouse seeks to adopt his/her own
illegitimate spouse must give his/her consent If the spouses are legally separated from each other. Where to file application: In
the Family Court of the province or city where the prospective parents reside. After Filing: The petition shall not be set for
hearing without a case study report by licensed social worker

Inter-Country - Rule: If the adopter is married, his/her spouse must jointly file for the adoption.

Where to file Application: Either in Family Court having jurisdiction over the place where the child resides or may be found of
Inter Country Adoption Board. (ICAB) through an intermediate agency, whether credential of an authorized and accredited
agency, in the country of the prospective adoptive parents.

After Filing: If filed in the FC court determines sufficiency of petition in respect to form and substance, after which petition is
already with ICAB, it conducts matching of the applicant with an adoptive child.
After matchmaking, the child is personally fetched by the applicant for the trial custody which takes place outside of the
Philippines.

DOMESTIC

SUPERVISED TRIAL CUSTODY

Temporary parental authority is vested in perspective adopter. Period is at least 6 months, but may be reduced by the court
motion propio or upon motion. If adopter is alien, the law mandatorily requires completion of the 6 month trial custody and
may not be refusal. Except if. A Filipino citizen seeks to adopt a relative within 4th degree of consanguinity or affinity. One
seeks to adopt the legitimate son/daughter of his/her Filipino spouse. One who is married to a Filipino citizen and seeks to
adopt jointly with his/her spouse a relative within the 4th degree of consanguinity or affinity of the Filipino spouse.

Consent Required: Written consent of the following to the adoption is required in the form of affidavit

Adoptee, if 10 years of age over . Biological parents of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child. Legitimate and adopted sons or daughters, 10 years of age or over, of the
adopters and adoptee if any . Illegitimate sons/daughters, 10 years of age or over, of the adopter if living with said adopter and
the latter’s spouse, if any; Spouse, if any, of the person adopting to be adopted

Supervised Trial Custody

This process takes place outside of the country and under the supervision of the foreign adoption agency. For a period of 6
months. If unsuccessful, ICAB shall look for another prospective applicant. Repatriation of the child is to be resorted only as a
last resort. If successful, ICAB transmit a written consent for the adoption to be executed by the DSWD, and the applicant then
files a petition for adoption in his/her country.

Inter – Country - Consent Required

1. Written Consent of biological or adopted children above 10 years of age, in the form of sworn statement is required to be
attached to the application to be filed with the FC or ICAB

2. If a satisfactory pre-adoptive relationship is formed between the applicant and the child, the written consent to the adoption
executed by the DSWD is required.

What are the instances when an adoption may be Rescinded?

The following are the instances when adoption may be rescinded: - Repeated Physical and Verbal maltreatment by the
adopter despite having undergone counselling. Attempt on the life of the adoptee, Sexual Assault or violence, Abandonment
and failure to comply with parental obligation (Sec.19)

2. Prescriptive Period

If Incapacitated – Within five (5) years after he reaches the age of majority, If incompetent at the time of the adoption – within
five (5) years after recovery from such incompetency (Sec. 21 Rule on Adoption)

Is there a Prescriptive Period for such Rescission

Yes. Below are the prescriptive period.

If Incapacitated – within five (5) years after he reaches the age of majority;, If incompetent at the time of the adoption – within
five (5) years after recovery from such incompetency (Sec. 21, Rule on Adoption)

What are the Effects of Adoption Rescission?

Parental authority of the adoptee’s biological parent(s), if known, or the legal custody of the DSWD shall be restored if the
adoptee is still a minor or incapacitated

Reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished, Cancellation of the
amended certificate of birth of the adoptee and restoration of his/her original birth certificate
Succession rights shall revert to its status prior to adoption, but only as of the date of judgement of judicial rescission. Vested
rights acquired prior to judicial shall be respected (Sec.20)

What are the EFFECTS of Adoption

Transfer of parental Authority – except in cases where the biological parent is the spouse of the adopter. The parental authority
of the biological parents shall terminate and the same shall be vested in the adopters (Sec. 16).

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 (Sec. 17).

Successional Rights

In legal and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without distinction
from legitimate filiation (Section18)

However, if the adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall govern (Sec.
18)

Article 18 (3) of the Family Code and Sec. 18 Art. V of RA 8552 provide that the adoptee remains an intestate heir of his/her
biological parent (Obtier Dictum in In re In the Matter of adoption of Stephanie Naty Astroga Garcia, 454 SCRA 541)

BADUA V. CA, GR NO 105625

FACTS: Petitioner, Marissa Benetiz Badua, claims to be an heir spouses Vicente Benitez and Isabel Chipongian, being the
legitimate child of the spouses.

Such claim by the petitioner was done after the private respondents Victoria Benitez – Lirio and Feodor Benitez Aguilar
(Vicente’s sister and nephew, respectively) filed a special proceeding for the settlement of estate and administration of the
same.

At the trial court, the private respondents contented that has no biological child, for their incapacity to procreate a child as
testified by the obstretrician-gynecologist of Isabel. The trial court after considering the documentary evidence submitted by
the petitioner, decided in favor of the latter.

The Court of Appeals reversed the ruling of the trial court for failure to establish her status as and prove her biological blood
kinship with the aforesaid spouses.

Hence, The petitioner appealed to the Supreme Court.

Issue: Whether or not the decision of the appellate court is proper

Ruling: Yes

At this juncture, it might be meet to mention that it has become a practice in recent times for people who want to avoid the
expense and trouble of a judicial adoption to simply register the child as their supposed child in the civil registry.

Perhaps Atty. Benitez, through a lawyer himself, thought that he could avoid the trouble if not the expense of adopting the
child Marissa through court proceedings by merely putting himself and his wife as the parents of the child in her birth
certificate.

Or perhaps he had intended to legally adopt the child when she grew a little older but did not come around doing so either
because he was too busy or for some other reason, but definitely the mere registration of a child in his or her birth certificate as
the child of the supposed parents is not valid adoption, does not confer upon the child the status of an adopted child and the
legal rights of such child, and even amounts of simulation of the child’s birth or falsification of his right or her birth certificate,
which is a public document.

RA No. 11642

Domestic administrative adoption and alternative child care act

 The law, which incumbent President Rodrigo Duterte signed on Jan. 6, removes the judicial process for
adoption, as this would now be handled administratively by the National Authority for Child Care
(NACC), a new agency created by RA 11642 to be attached to the Department of Social Welfare and
Development (DSWD).

In signing RA 11642, Duterte recognizes "the policy of the State to ensure that every child remains under
the care and custody of parents and be provided with love, care, understanding, and security towards
the full and harmonious development of the child's personality."

 Transfer of adoption proceedings from judicial to

administrative and recognize the ICAB to NACC to
implement the Administrative and Alternative Child Care
Programs.
 Adoption Telling is expressly stipulated in the law. This is
premised on the idea that the earlier adoption telling is
done, the better is its impact to the child.
nd
 Designation of the 2 week of June as Adoption and
Alternative Child Care Week.

 Under the law, the Inter-Country Adoption Board (ICAB)

will be reorganized to a one-stop quasi-judicial agency on
alternative child care known as the National Authority for
Child Care (NACC), attached to the Department of Social
Welfare and Development (DSWD).

 The Department of Budget and Management (DBM), in

coordination with the ICAB and the DSWD, shall formulate
a cohesive organizational structure with corresponding
plantilla positions responsive to fulfill the functions and
divisions of the NACC.

 The NACC, the law said, shall ensure that the petitions and
all other matters involving alternative child care, including
 The law also mandates the creation of a Regional Alternative the issuance of Certificate Declaring a Child Legally
Child Care Office (RACCO) for each region of the country Available for Adoption (CDCLAA), and the process of
which will be tasked to ensure a well-functioning system of domestic and inter-country adoption, foster care, kinship
receipt of local petitions for CDCLAA and adoption, and care, family-like care, or residential care are "simple,
other requests regarding alternative placement and well- expeditious, and inexpensive, and will redound to the best
being of children. interest of the child involved."
 It likewise prohibits discriminatory acts relating to adoption,
such as labeling, shaming, bullying and creating a negative
stigma, and sets fines for such violation
 This Act is a consolidation of Senate Bill No. 1933 and
House Bill No. 8998, which was passed by the Senate of the
Philippines and the House of Representatives on Sept. 28,
and Sept. 29, 2021, respectively.
With the new law, prospective parents would only need to wait six to nine months, according to Sen. Risa
Hontiveros, one of the sponsors of RA 11642.

To protect the welfare of the child to be adopted, the law requires a home study report or a written report
prepared by an adoption social worker relative to the motivation and capacity of the prospective adoptive or foster
parents to provide a home that meets the needs of a child.

RA 11642 penalizes exposing the child to be adopted to "danger, abuse, or exploitation" as well as "simulation
of birth" or the fictitious registration of the birth of a child under the name of a person who is not the child's
biological parent.

RA 11642 also provides for the revocation of adoption upon the petition of the adoptee, in case of
maltreatment, abuse and abandonment.

POWERS AND FUNCTIONS

Under RA 11642, the NACC will exercise all powers and functions relating to alternative child care, including
declaring a child legally available for domestic administrative and intercountry adoption, foster care, kinship care,
family-like care, or residential care.

The NACC is tasked to ensure that petitions and other matters involving alternative child care are “simple,
expeditious and inexpensive, and will redound to the best interest of the child involved.”

The process involves determining that the adoptee (the child) is legally available for adoption; ascertaining the
genuine intentions of the prospective adopters; and ensuring that adoption will be in the best interest of the child.

The NACC will also be the central authority in matters relating to intercountry adoption, which, however, it will not
pursue until all possible domestic placements for the child have been exhausted.

Among the vital procedures which will continue to be facilitated by the DSWD in coordination with

the NACC, are:

1) Adoption cases withdrawn from the court; (2) New petitions for Administrative Adoption; (3) Child case
management by DSWD Residential Care Facility (CRCF)/Child-Caring Agency (CCA) and Local Social Welfare and
Development Office (LSWDO); (4) New applications for adoptive parents in Regional Alternative Child Care Office
(RACCO) and child placing agencies; (5) Procedure for matching and issuance of Inter-Country Adoption Clearance;
(6) Procedure for foster care and simulated birth rectification; (7) Procedure for Inter-Country Adoption; (8)
Procedure for disrupted pre-adoptive placement; (9) Process of registration of the order of adoption; (10) Petition
for rescission of the adoption; and, (11) Travel clearance for cases under the NACC jurisdiction.

Adoptive Cost - The agency will set the fees and the procedures for the administrative process of
adoption, which will require social workers and child-placing agencies to conduct a case study of the
adoptee, the biological parents and the adopters.