There are two laws that governs adoption in the Philippines, namely RA 11642 which governs domestic adoption

and RA
8043 which governs inter-country adoption. Though RA 11642 amended many of the provisions of RA 8403, but the latter
is still the prevailing law when it pertains to inter-country adoption. In essence, inter-country adoption is a form of last
resort as it can only be availed whenever a Filipino child cannot be adopted by qualified Filipinos.

In all cases of adoption, the state will always ensure the best interest of the child.
RA 11642 RA 8043
DOMESTIC ADOPTION INTERCOUNTRY ADOPTION
Sec 2 Declaration of Policy Sec 2 Declaration of Policy

– It is hereby declared the policy of the State to ensure that - It is hereby declared the policy of the State to provide
every child remains under the care and custody of the every neglected and abandoned child with a family that will
parents and be provided with love, care, understanding, provide such child with love and care as well as
and security towards the full and harmonious development opportunities for growth and development. Towards this
of the child’ personality. end, efforts shall be exerted to place the child with an
The best interest of the child shall be the paramount adoptive family in the Philippines. However, recognizing
consideration in the enactment of alternative care, custody, that inter-country adoption may be considered as allowing
and adoption policies aliens, not presently allowed by law to adopt Filipino
children if such children cannot be adopted by qualified
Filipino citizens or aliens, the State shall take measures to
ensure that inter-country adoptions are allowed when the
same shall prove beneficial to the child's best interests,
and shall serve and protect his/her fundamental rights.
What is adoption under both laws?
Sec 4 Definition of terms Sec 3 Definition of terms

-Adoption refers to the socio-legal process of providing a -Inter-country adoption refers to the socio-legal process of
permanent family to a child whose parents had voluntarily adopting a Filipino child by a foreigner or a Filipino citizen
or involuntarily given up their parental rights, permanently permanently residing abroad where the petition is filed, the
transferring all rights and responsibilities, along with supervised trial custody is undertaken, and the decree of
filiation, making the child a legitimate child of the adoptive adoption is issued outside the Philippines.
parents: Provided, That adult adoption shall be covered by
the benefits of this Act;

-Domestic adoption refers to an administrative adoption

proceeding where the Order of Adoption is issued within the
Philippines and is undertaken between a Filipino child and
eligible adoptive parents

Who may be adopted?

SEC 22 Who May Be Adopted. – The following may be SEC. 8. Who May be Adopted. — Only a legally free child
adopted: may be the subject of inter-country adoption. In order that
such child may be considered for placement, the following
(a) Any child who has been issued a CDCLAA; documents must be submitted to the Board:

(b) The legitimate child of one spouse by the other a. Child study;
spouse; b. Birth certificate/foundling certificate;
c. Deed of voluntary commitment/decree of
 abandonment/ death certificate of parents;
(c) An illegitimate child by a qualified adopter to d. Medical evaluation/history;
improve status of legitimacy; e. Psychological evaluation, as necessary; and
f. Recent photo of the child.
(d) A Filipino of legal age if, prior to the adoption,
said person has been consistently considered and
treated by the adopters as their own child for a
period of at least three (3) years; Sect 3 of RA 8043 defines child as a Child means a person
below fifteen (15) years of age unless sooner emancipated
(e) A foster child; by law. This is now amended unded RA 6908 which
provides that a child shall be referred as any person under
(f) A child whose adoption has been previously the age of 18.
rescinded;

(g) 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; or

(h) A relative of the adopter.

Sec 4 of RA 11642 defines a child as a

(h) Child refers to a person below eighteen (18) years of

age or a person eighteen (18) years of age or over but who
is unable to fully take care or protect himself or herself from
abuse, neglect, cruelty, exploitation, or discrimination
because of physical or psychosocial disability or
condition: Provided, That for the purpose of this Act, where
relevant, a child shall also refer to an adult son, daughter,
or offspring;
Who may adopt?
Section 21. Who May Adopt. – The following may adopt: Sec. 9. Who May Adopt. — Any alien or a Filipino citizen
permanently residing abroad may file an application for inter-
(a) Any Filipino citizen at least twenty-five (25) years country adoption of a Filipino child if he/she:
of age, who is in possession of full civil capacity and
legal rights; has not been convicted of any crime a. is at least twenty-seven (27) years of age and at
involving moral turpitude; is of good moral character least sixteen (16) years older than the child to be
and can model the same; is emotionally and adopted, at the time of application unless the
psychologically capable of caring for children; at adoptor is the parent by nature of the child to be
least sixteen (16) years older than the adoptee; and adopted or the spouse of such parent;
who is in a position to support and care for adopted b. if married, his/her spouse must jointly file for the
children in keeping with the means of the adoption;
family: Provided, That the requirement of sixteen c. has the capacity to act and assume all rights and
(16)-years difference between the age of the responsibilities of parental authority under his
adopter and the adoptee may be waived when the national laws, and has undergone the appropriate
adopter is the biological parent of the adoptee, or is counseling from an accredited counselor in his/her
the spouse of the adoptee’s parent; country;
d. has not been convicted of a crime involving moral
(b) The legal guardian with respect to the ward after turpitude;
the termination of the guardianship and clearance of e. is eligible to adopt under his/her national law;
financial accountabilities; f. is in a position to provide the proper care and
support and to give the necessary moral values
(c) The legal guardians with respect to the foster and example to all his children, including the child
child; to be adopted;
g. agrees to uphold the basic rights of the child as
(d) Philippine government officials and employees embodied under Philippine laws, the U.N.
deployed or stationed abroad: Provided, That they Convention on the Rights of the Child, and to
are able to bring the child with them; and abide by the rules and regulations issued to
implement the provisions of this Act;
(e) Foreign nationals who are permanent or habitual h. comes from a country with whom the Philippines
 has diplomatic relations and whose government
residents of the Philippines for at least five (5) years maintains a similarly authorized and accredited
possessing the same qualifications as above stated agency and that adoption is allowed under his/her
for Filipino nationals prior to filing of the national laws; and
petition: Provided, That they come from a country i. possesses all the qualifications and none of the
with diplomatic relations with the Republic of the disqualifications provided herein and in other
Philippines and that the laws of the adopter’s applicable Philippine laws
country will acknowledge the Certificate of Adoption
as valid, acknowledge the child as a legal child of
the adopters, and allow entry of the child into such
country as an adoptee: Provided, further, That
requirements of residency may be waived for the
following:

(1) A former Filipino citizen, habitually

residing in the Philippines, who seeks to
adopt a relative within fourth (4th) civil degree
of consanguinity or affinity; or

(2) One who seeks to adopt the legitimate

child of the Filipino spouse; or

(3) One who is married to a Filipino citizen

and seeks to adopt jointly with the spouse a
relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino
spouse.

Spouses shall jointly adopt, except in the

following cases:

(a) If one spouse seeks to adopt the

 legitimate child of the other; or

(b) If one spouse seeks to adopt own

illegitimate child: Provided, That the
other spouse has signified consent
thereto; or

(c) If the spouses are legally separated

from each other.

Adoption requirements
Section 24. Documentary Requirements. – The PAPs shall Sec 10
attach the following to the Petition for Adoption and shall
submit the same to the RACCO: The application shall be supported by the following
documents written and officially translated in English:
(a) Home study report and child case study report
duly prepared pursuant to the provisions of this Act, a. Birth certificate of applicants(s);
which requires a uniform and standardized format of b. Marriage contract, if married, and divorce decree,
the report; if applicable;
c. Written consent of their biological or adopted
(b) Authenticated or security paper copies of birth children above ten (10) years of age, in the form of
record of the PAPs and the child; sworn statement;
d. Physical, medical and psychological evaluation by
(c) Authenticated or security paper copies of a duly licensed physician and psychologist;
Marriage Certificate, if the PAPs are married; or e. Income tax returns or any document showing the
Court Decision or Certificate of Finality, if annulled, financial capability of the applicant(s);
divorced or legally separated; f. Police clearance of applicant(s);
g. Character reference from the local church/minister,
(d) National Bureau of Investigation (NBI) or Police the applicant's employer and a member of the
 immediate community who have known the
Clearance; If foreign national, clearance from police applicant(s) for at least five (5) years; and
authorities where he or she lived for more than h. Recent postcard-size pictures of the applicant(s)
twelve (12) months any time in the past fifteen (15) and his immediate family
years;

(e) Written consent to the adoption by the biological

parent(s) or the person(s) exercising substitute
parental authority over the child and the written
consent of the child if at least ten (10) years old,
signed in the presence of an adoption social worker
of the NACC or child-caring agency, or of the child-
placing agency for cases where the child is from a
foster home, after proper counseling as prescribed
in this Act;

(f) Authenticated or security paper copies of the

Death Certificate of biological parents, as
applicable;

(g) Original copy of CDCLAA, as applicable;

(h) Result of the recent medical evaluation of the

child and the PAPs;

(i) Mandatory result of the psychological evaluation

of the PAPs;

(j) Mandatory result of the psychological evaluation

of the child, for children five (5) years old and above;

(k) Child care plan with a list of at least three (3)

temporary custodian of the child in order of
 preference in case of death, absence or incapacity
of the PAPs;

(l) Letter attesting to the character and general

reputation of the PAPs from at least three (3) non-
related character references, of whom one must
preferably come from an employer or supervisor or
with who the PAPs have business dealings. The
contact details of the person attesting must be so
indicated in the letter;

(m) Recent close-up and whole-body pictures of the

child and the PAPs taken within the last six (6)
months; and

(n) Documents showing the financial capacity of the

PAPs.

The NACC shall formulate and produce official, uniform,

and standard forms of the foregoing documentary
requirements that will be easily used and submitted by the
PAPs for their Petition for Domestic Adoption.

The documentary requirements previously submitted to the

NACC for other child care services may be considered and
admitted for domestic administrative adoption, if
applicable: Provided, That the adoption social worker of the
NACC, LGU, and child-caring or child-placing agencies are
nor precluded from asking for additional documents as may
be necessary as proof of the facts alleged in the petition or
to establish a factual claim.
Procedures for adoption

Sec 25 Case Study. – No Petition for Adoption shall be SEC. 10. Where to File Application. — An application to adopt
processed by the NACC or its RACCs unless an adoption a Filipino child shall be filed either with the Philippine
social worker of the NACC, the social service office of the Regional Trial Court having jurisdiction over the child, or with
LGU, or any child-placing or child-caring agency, has made the Board, through an intermediate agency, whether
a case study of the adoptee, the biological parents as well governmental or an authorized and accredited agency, in the
as the adopters, and has submitted the report and country of the prospective adoptive parents, which application
recommendations on the matter to the respective RACCO shall be in accordance with the requirements as set forth in
as among the supporting documents of the petition, and the implementing rules and regulations to be promulgated by
the NACC for the issuance of the Certificate of Adoption. the Board. ( This has now been amended under sec 30 of RA
11642 ).

Sec 26 Matching Process. – There shall be a matching

process for case of legally available children thirty (30) SEC. 11. Family Selection /Matching. — No child shall be
calendar days after the issuance of the CDCLAA or the matched to a foreign adoptive family unless it is satisfactorily
next matching conference, whichever is applicable. The shown that the child cannot be adopted locally. The
matching of the child to approved PAPs shall be carried out clearance, as issued by the Board, with the copy of the
during the regular matching conference by the Matching minutes of the meetings, shall form part of the records of the
Committee in the regional level, the RCPC under the child to be adopted. When the Board is ready to transmit the
RACCOs: Provided, That interregional matching, which Placement Authority to the authorized and accredited inter-
shall be monitored and supervised by the Deputy Director country adoption agency and all the travel documents of the
for Services, may be conducted upon recommendation of child are ready, the adoptive parents, or any one of them,
the Executive Director, at any time, depending on the shall personally fetch the child in the Philippines.
number of children declared legally available for adoption
and the number of approved PAPs. Subject to the approval
of the NACC, the RCPC shall fix its own internal rules and SEC. 14. Supervision of Trial Custody. — The governmental
 agency or the authorized and accredited agency in the
procedures. However, the records of the children and the country of the adoptive parents which filed the application for
approved PAPs not matched after two (2) presentations in inter-country adoption shall be responsible for the trial
the regional level shall be forwarded to the NACC for custody and the care of the child. It shall also provide family
inclusion in the interregional matching counseling and other related services. The trial custody shall
presentation: Provided, That children with special needs be for a period of six (6) months from the time of placement.
shall be immediately forwarded if not matched in the first Only after the lapse of the period of trial custody shall a
meeting, except under special circumstance. The matching decree of adoption be issued in the said country, a copy of
proposal made by the RCPC shall be approved by the which shall be sent to the Board to form part of the records of
NACC, through the Executive Director. the child.

Cases of step-parent adoption, relative adoption, and adult

adoption, shall not undergo the matching
process: Provided, That the child and the PAPs have been
living in one household for not less than two (2) years

Sec 27

Personal Appearance of Prospective Adoptive Parents. –

To further ascertain fitness, qualifications, good intentions,
and sincerity of PAPs, the handling RACCO shall require
PAPs to personally appear before it at least twice during
the application period and on specific dates to be
determined by the same.

Section 28. Issuance of Pre-Adoption Placement Authority

(PAPA). – Once a child is matched to an approved PAPs
and was subsequently accepted, the NACC through the
RACCO shall authorize the pre-adoption placement of the
child to the PAPs if recommended by the appropriate social
worker that there is a need for supervised trial custody
prior to the filing of Petition for Adoption, and in cases
when there is no decision on the Petition for Adoption
within sixty (6)) calendar days from the receipt of the
Deputy Director for Services of the positive
recommendation of the RACCO on the petition, through no
fault or negligence on the part of the PAPs.

Sect 30. Petition for Administrative Adoption. – The thriving

parent-child relationship during the said STC, if
recommended, as substantiated by the monthly monitoring
report of the adoption social worker, shall give rise to the
filling of a Petition for Adoption.

Sec 33. Objection to the Petition. – Any person who has

personal knowledge of any information, which by ordinary
diligence could not be discovered, and which when
introduced and admitted, would result in the denial of the
petition and protect the child from possible harm or abuse
may, at any time during the STC or before the issuance of
the Order of Adoption, interpose an objection to the petition
and file a complaint supported by evidence to that effect,
with the NACC, through the RACCO where the petition
was filed. The complaint will be subjected to verification
and further investigation.

EFFCTS OF ADOPTION
Sec 41. Legitimacy. – the adoptee shall be considered the
legitimate child of the adopter for all intents and purposes
and as such in entitled to all the rights and obligations
provided by law to legitimate children 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. The legitimate filiation that is created
between the adopter and adoptee shall be extended to the
adopter’s parents, adopter’s legitimate siblings, and
legitimate descendants.

Sec 42. Parental Authority. – Upon issuances of the Order

of Adoption, adoption shall cease as alternative care and
becomes parental care. Adoptive parents shall now have
full parental authority over the child. Except in cases where
the biological parent is the spouse of the adopter, all legal
ties between the biological parents and the adoptee shall
be severed and the same shall then be vested on the
adopters.

In case spouses jointly adopt or one spouse adopts the

legitimate child of the other, joint parental authority shall be
exercised by the spouses.

Sect 43. Succession. – In testate and intestate

succession, the adopters and the adoptee shall have
reciprocal rights of succession without distinction from
legitimate filiations. However, if the adoptees and their
biological parents have left a will, the law on testamentary
succession shall govern.
Cases For Adoption
REYES VS ELQUIRO
Facts
Rex adopted Irish who is a minor and then had her live with her and his girlfriend Melysinda. However, in 2009, Rex died
and then Melysinda extrajudicially assumed custody over Irish to which the mother of Rex( Maria Salome ) opposed by
filing a writ of habeas corpus against Melysinda, alleging that the Katter hid the child from her and that after the death of
her son, she is the one entitled for custody over the child .
Issue
Whether or not Melysinda had the right of custody over the child.
Ruling
Salome cannot claim custody of Irish because the law only recognizes a familial relation insofar as Rex and Irish are
concerned. The relation does not extend to any of Rex's relatives, Salome and her daughters included. On the other hand,
Melysinda, as Irish's actual and current custodian, is explicitly enumerated as one of the persons eligible to exercise
substitute parental authority under art 216 the Family Code.

N RE: PETITION FOR ADOPTION OF MICHEAL JUDE LIM

Facts
Monina Lim was married to Primo Lim upon which they raised two children together – who are not their biological
offspring- treating them as their own. However, in 1998, Primo died. Subsequently, Monina entered into marriage with an
American citizen named Angel Olario. Monina then decided to legally adopt the two children. Monina filed a petition for
adoption in the RTC of which the court dismissed because her new husband did not join in her petition of adoption. Angel
then did file a case for the dissolution of his marriage with Monina in La Vegas.
Issues
Whether or not Monina can adopt the two children without the participation of her husband and will the subsequent filing
of the divorce abroad affect the case of adoption?
Ruling
The use of the word "shall" in the law means that joint adoption by the husband and the wife is mandatory. This is in
consonance with the concept of joint parental authority over the child which is the ideal situation. As the child to be
adopted is elevated to the level of a legitimate child, it is but natural to require the spouses to adopt jointly. The rule also
insures harmony between the spouses.[

The law is clear. There is no room for ambiguity. Petitioner, having remarried at the time the petitions for adoption were
filed, must jointly adopt. Since the petitions for adoption were filed only by petitioner herself, without joining her husband,
Olario, the trial court was correct in denying the petitions for adoption on this ground
Petitioner, in her Memorandum, insists that subsequent events would show that joint adoption could no longer be possible
because Olario has filed a case for dissolution of his marriage to petitioner in the Los Angeles Superior Court.

We disagree. The filing of a case for dissolution of the marriage between petitioner and Olario is of no moment. It is not
equivalent to a decree of dissolution of marriage. Until and unless there is a judicial decree for the dissolution of the
marriage between petitioner and Olario, the marriage still subsists. That being the case, joint adoption by the husband and
the wife is required. We reiterate our ruling above that since, at the time the petitions for adoption were filed, petitioner
was married to Olario, joint adoption is mandatory.
 ACAIN VS IAC
Facts

Petitioner Constantino Acain filed in the Regional Trial Court of Cebu City Branch XIII, a petition for the probate of the will
of the late Nemesio Acain and for the issuance to the same... petitioner of letters testamentary, docketed as Special
Proceedings No. 591-A-CEB (Rollo, p. 29), on the premise that Nemesio Acain died leaving a will in which petitioner and
his brothers Antonio, Flores and Jose and his sisters.

Issues
Can a legally adopted child be disinherited through preterition

Ruling
Preterition consists in the omission in the testator's will of the forced heirs or anyone of them either because they are not
mentioned therein, or, though mentioned, they are neither instituted as heirs nor are expressly disinherited (Nuguid v.
Nuguid, 17 SCRA 450 [1966]; Maninang v. Court of Appeals, 114 SCRA 478 [1982]). Insofar as the widow is concerned,
Article 854 of the Civil Code may not apply as she does not ascend or descend from the testator, although she is a
compulsory heir. Stated otherwise, even if the surviving spouse is a compulsory heir, there is no preterition even if she is
omitted from the inheritance, for she is not in the direct line. (Art. 854, Civil code) however, the same thing cannot be said
of the other respondent Virginia A. Fernandez, whose legal adoption by the testator has not been questioned by petitioner
(.Memorandum for the Petitioner, pp. 8-9). Under Article 39 of P.D. No. 603, known as the Child and Youth Welfare Code,
adoption gives to the adopted person the same rights and duties as if he were a legitimate child of the adopter and makes
the adopted person a legal heir of the adopter. It cannot be denied that she has totally omitted and preterited in the will of
the testator and that both adopted child and the widow were deprived of at least their legitime. Neither can it be denied
that they were not expressly disinherited. Hence, this is a clear case of preterition of the legally adopted child.
 IN RE; OF THE ADOPTION OF STEPHANIE NATHY ASTORGA

Facts
Petitoner filed for the adoption of his illegitimate child Stepahie which was granted by RTC. However, the same court
denied a part of the petition that would allow the child to use the surname of her biological mother as her middle name .

Issues
May an adopted child use the surname of his/her biological parents?

Ruling
It was held in this case that an adopted child may choose to use the surname of her biological parents, in this case, her
mother, as her middle name. The court also stated that though the Fmily Code grants the right to an adopted child to use
the surname of her adopted parents but it should not preclude the same child to use the surname of her biological mother
as her middle name given that the child has the right to know the source of her origin, and the SC also noted that allowing
the child to use the surname of her mother as her middle name would not detract the her relationship with her adopted
parents.
 LAZATIN VS CAMPOS

Facts
Spouses Maranio and Margarita LLazatin leaving behind their two daughters. During the process of the probate of the
wills left by the spouses and the settlements of their estates, Renato Lazatin sought to intervene in the proceedings
claiming to be the adopted child of the spouses.

Issues
Whether or not Mariano Lazatin has the capacity to intervene in the proceedings as the adopted child fo the deacesed
spouses.

Ruling
The court ruled in the negative stating that Renato failed to prove the existence of his adoption by the Lazatin spouses
due to his failure to produce and provide the court with any documentary evidence thet will prove the existence of his
adoption. In this case , the court enunciated that the fact of adoption is never presumed and must be proved by the
person claiming its existence through positive, clear, and convincing evidence.