adoption shall redound to the best interest of the child, an adoption decree shall be issued (Sec.16).
The decree of adoption shall take effect as of the date of filing of the original petition.
Contents of the adoption decree
2. Order to the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 155-day reglementary period within which to appeal;
3. Order to the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the Civil Registrar where the child was originally registered within 30 days from receipt of the certificate of finality;
4. In case of change of name, the decree shall be submitted to the Civil Registrar where the court issuing the same is situated;
5. Order the Civil Registrar:
a. To annotate on the adoptee’s original birth certificate the decree of adoption within 30 days from receipt of certificate of finality;
b. To issue new birth certificate which shall not bear any notation that it is new or amended certificate which shall allow: registry number, date of registration, name of child, sex, date of birth, place of birth, name and citizenship of adoptive parents and the date and place of their marriage, if applicable;
c. To seal the original birth certificate in the civil registry records which can be opened only upon the order of the court which issued the decree of adoption;
d. To submit to the court issuing the decree of adoption proof of compliance with all the foregoing within 30 days from date of receipt of the decree. In case of change of name, the decree shall be submitted to the Civil Registrar where the court issuing the same is situated.
An amended birth certificate shall be issued. The original birth certificate shall be stamped “cancelled” and shall be sealed in the Civil Registry records.
Book of adoptions: All matters relative to adoption and
all incidents arising after the issuance of the decree shall be recorded in the book of adoption kept by the clerk of court of the Family Court (Sec. 17).
Confidentiality of proceedings and records
General Rule: After compliance with jurisdictional
requirements, all adoption hearings shall be confidential and shall not be open to the public. All related records shall be kept strictly confidential (Sec. 18).
Exception: For security reasons or for the best interest of
the child, the Court may, upon meritorious grounds allow the release of the information with restrictions, if necessary (Herrera, p. 348).
Effects of adoption
1. Adopter will exercise parental authority;
2. All legal ties between biological parents and the adoptee shall be severed, except when biological parent is spouse of adopter;
3. Adoptee shall be considered legitimate child of adopter for all intents and purposes;
4. Adopters shall have reciprocal rights of succession without distinction from legitimate filiation.
The decree of adoption shall have a retroactive effect from the time of the petition.
“It is a settled rule that adoption statutes, being human and salutary, should be liberally construed to carry out the beneficent purposes of adoption. x x x. Hence, since there is no law prohibiting an illegitimate child adopted by her natural father, x x x, to use, as middle name her mother’s surname, we find no reason why she should not be allowed to do so” (In Re: Adoption of Stephanie Nathy
Garcia, G.R. No. 148311, March 31, 2005).
Who may rescind the adoption? The adopter cannot
rescind the adoption, only the adoptee may rescind within 5 years from reaching the age of majority or after recovery from incompetency. Such a petition for rescission shall be filed in the Family Court where the adoptee resides. In case of a minor, he shall be assisted by a social work from DSWD or by the minor’s guardian, if he is over 18 years of age but is incapacitated.
The adopter may not rescind the adoption; however, he may disinherit the adopted child (Art. 919, Civil Code).
Grounds for rescission (Sec. 19)
1. Repeated physical and verbal maltreatment despite having undergone counseling;
2. Attempt on the adoptee’s life; 3. Sexual assault or violence;
4. Abandonment or failure to comply with parental obligations.
Order to answer: The court shall order the adverse party
to file an answer within 15 days from the receipt thereof
(Sec. 22).
Judgment: If the court finds that the petition’s allegations
are true, it shall order the rescission of adoption (Sec. 23). The court shall order that:
1. The biological parents’ parental authority, or the DSWD’s legal custody, shall be restored if the adoptee is still a minor or incapacitated;
2. The reciprocal rights and obligations of the adopter and the adoptee shall be extinguished;
3. The successional rights shall revert to its status prior to adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected;
4. The adoptee shall use the name stated in his original birth/foundling certificate;
5. The Civil Registrar where the adoption decree was registered shall cancel the new birth certificate of the adoptee and reinstate his original birth/foundling certificate.
Service of judgment – A certified true copy of the
judgment and a certificate of finality shall be served by the petitioner upon the Civil Registrar within 30 days from receipt of the certificate of finality. The Civil Registrar shall enter the rescission decree in the register and submit proof of compliance to the court within 30 days from receipt of the decree (Sec. 24).
Objectives
1. To consider inter-country adoption as an alternative means of child care, if the child cannot be placed in a foster/adoptive family or cannot be cared for in the Philippines;
2. To ensure that the child enjoys the same protection accorded to children in domestic adoption;
3. To ensure that the placement does not result in improper financial gain for those involved (Sec. 27).
Where to file petition
1. 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; 2. It may be filed directly with the Inter-Country Adoption
Board (Sec. 28).
Who may adopt:
1. Any alien or Filipino citizen permanently residing abroad who is at least twenty-seven (27) years of age;
2. Other requirements are the same as with R.A. No. 8552.
Who may be adopted: Only a child legally available for
domestic adoption may be the subject of inter-country adoption (Sec.29).
A child under the Inter-Country Adoption Act is defined as any person below fifteen (15) years of age.
The Board shall ensure that all possibilities for adoption of the child under the Family Code have been exhausted and that inter-country adoption is in the best interest of the child (Section 7, R.A. No. 8043).
Contents of petition Petitioner must allege:
1. 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;
2. 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;
3. 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; 4. That he has not been convicted of a crime involving
moral turpitude;
5. That he is eligible to adopt under his national law; 6. 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;
7. 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 R.A. No. 8043;
8. 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
9. That he possesses all the qualifications and none of the disqualifications provided in this Rule, in R.A. No. 8043 and in all other applicable Philippine laws
(Sec. 30).
Annexes : The following must be in writing and officially
translated in English:
1. Birth certificate of petitioner;
2. Marriage contract, if married, and, if applicable, the divorce decree, or judgment dissolving the marriage; 3. Sworn statement of consent of petitioner’s biological
or adopted children above ten (10) years of age;