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A. DOMESTIC
ADOPTION
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SECTION
1. Applicability of the Rule. – This Rule
covers the domestic adoption
of Filipino children.
chanrobles virtual law library
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2. Objectives.
– (a) The best interests of the child shall be the paramount
consideration
in all matters relating to his care, custody and adoption, in
accordance
with Philippine laws, the United Nations (UN) Convention on the Rights
of the Child, UN Declaration on Social and Legal Principles Relating to
the Protection and Welfare of Children with Special Reference to Foster
Placement and Adoption, Nationally and Internationally, and the Hague
Convention
on the Protection of Children and Cooperation in Respect of
Inter-Country
Adoption.chanrobles virtual law library
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(b) The
State
shall provide alternative protection and assistance through foster care
or adoption for every child who is a foundling, neglected, orphaned, or
abandoned. To this end, the State shall:chanrobles virtual law library
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(i) ensure
that every child remains under the care and custody of his parents and
is provided with love, care, understanding and security for the full
and
harmonious development of his personality. Only when such efforts prove
insufficient and no appropriate placement or adoption within the
child’s
extended family is available shall adoption by an unrelated person be
considered.
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(ii) safeguard
the biological parents from making hasty decisions in relinquishing
their
parental authority over their child;
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(iii) prevent
the child from unnecessary separation from his biological parents;chanrobles virtual law library
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(iv) conduct
public information and educational campaigns to promote a positive
environment
for adoption;chanrobles virtual law library
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(v) ensure
that government and private sector agencies have the capacity to handle
adoption inquiries, process domestic adoption applications and offer
adoption-related
services including, but not limited to, parent preparation and
post-adoption
education and counseling;
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(vi) encourage
domestic adoption so as to preserve the child’s identity and culture in
his native land, and only when this is not available shall
inter-country
adoption be considered as a last resort; and
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(vii) protect
adoptive parents from attempts to disturb their parental authority and
custody over their adopted child.
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Any
voluntary
or involuntary termination of parental authority shall be
administratively
or judicially declared so as to establish the status of the child as
“legally
available for adoption” and his custody transferred to the Department
of
Social Welfare and Development or to any duly licensed and accredited
child-placing
or child-caring agency, which entity shall be authorized to take steps
for the permanent placement of the child.
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Sec.
3.
Definition
of Terms. – For purposes of this Rule:
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(a) “Child”
is a person below eighteen (18) years of age at the time of the filing
of the petition for adoption.
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(b) “A
child legally available for adoption” refers to a child who has been
voluntarily
or involuntarily committed to the Department or to a duly licensed and
accredited child-placing or child-caring agency, freed of the parental
authority of his biological parents, or in case of rescission of
adoption,
his guardian or adopter(s).
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(c) “Voluntarily
committed child” is one whose parents knowingly and willingly
relinquish
parental authority over him in favor of the Department.chanrobles virtual law library
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(d) “Involuntarily
committed child” is one whose parents, known or unknown, have been
permanently
and judicially deprived of parental authority over him due to
abandonment;
substantial, continuous or repeated neglect and abuse; or incompetence
to discharge parental responsibilities.
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(e) “Foundling”
refers to a deserted or abandoned infant or child whose parents,
guardian
or relatives are unknown; or a child committed to an orphanage or
charitable
or similar institution with unknown facts of birth and parentage and
registered
in the Civil Register as a “foundling.”
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(f) “Abandoned
child” refers to one who has no proper parental care or guardianship or
whose parents have deserted him for a period of at least six (6)
continuous
months and has been judicially declared as such.
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(g) “Dependent
child” refers to one who is without a parent, guardian or custodian or
one whose parents, guardian or other custodian for good cause desires
to
be relieved of his care and custody and is dependent upon the public
for
support.
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(h) “Neglected
child”is one whose basic needs have
been deliberately not attended to or inadequately attended to,
physically
or emotionally, by his parents or guardian.
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(i) “Physical
neglect” occurs when the child is malnourished, ill-clad and without
proper
shelter.
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(j) “Emotional
neglect” exists when a child is raped, seduced, maltreated, exploited,
overworked or made to work under conditions not conducive to good
health
or made to beg in the streets or public places, or placed in moral
danger,
or exposed to drugs, alcohol, gambling, prostitution and other vices.
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(k) “Child-placement
agency” refers to an agency duly licensed and accredited by the
Department
to provide comprehensive child welfare services including, but not
limited
to, receiving applications for adoption, evaluating the prospective
adoptive
parents and preparing the adoption home study report.
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(l) “Child-caring
agency” refers to an agency duly licensed and accredited by the
Department
that provides 24-hour residential care services for abandoned,
orphaned,
neglected or voluntarily committed children.
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(m) “Department”
refers to the Department of Social Welfare and Development.
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(n) “Deed
of Voluntary Commitment” refers to the written and notarized instrument
relinquishing parental authority and committing the child to the care
and
custody of the Department executed by the child’s biological parents or
in their absence, mental incapacity or death, by the child’s legal
guardian,
to be witnessed by an authorized representative of the Department after
counseling and other services have been made available to encourage the
biological parents to keep the child.
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(o) “Child
Study Report” refers to a study made by the court social worker of the
child’s legal status, placement history, psychological, social,
spiritual,
medical, ethno-cultural background and that of his biological family
needed
in determining the most appropriate placement for him.
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(p) “Home
Study Report” refers to a study made by the court social worker of the
motivation and capacity of the prospective adoptive parents to provide
a home that meets the needs of a child.
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(q) “Supervised
trial custody” refers to the period of time during which a social
worker
oversees the adjustment and emotional readiness of both adopters and
adoptee
in stabilizing their filial relationship.
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(r) “Licensed
Social Worker” refers to one who possesses a degree in bachelor of
science
in social work as a minimum educational requirement and who has passed
the government licensure examination for social workers as required by
Republic Act No. 4373.
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(s) “Simulation
of birth” is the tampering of the civil registry to make it appear in
the
birth records that a certain child was born to a person who is not his
biological mother, thus causing such child to lose his true identity
and
status.
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(t) “Biological
Parents” refer to the child’s mother and father by nature.
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(u) “Pre-Adoption
Services” refer to psycho-social services provided by
professionally-trained
social workers of the Department, the social services units of local
governments,
private and government health facilities, Family
Courts, licensed and accredited child-caring and child-placement
agencies
and other individuals or entities involved in adoption as authorized by
the Department.
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(v) “Residence”
means a person’s actual stay in the Philippines for three (3)
continuous
years immediately prior to the filing of a petition for adoption and
which
is maintained until the adoption decree is entered.Temporary
absences for professional, business, health, or emergency reasons not
exceeding
sixty (60) days in one (1) year does not break the continuity
requirement.
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(w) “Alien”
refers to any person, not a Filipino citizen, who enters and remains in
the Philippines and is in possession of a valid passport or travel
documents
and visa.
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4. Who
may adopt. – The following
may adopt:
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(1) Any
Filipino citizen 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; who is 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 children in
keeping
with the means of the family. The requirement of a 16-year difference
between
the age of the adopter and adoptee may be waived when the adopter is
the
biological parent of the adoptee or is the spouse of the adoptee’s
parent;
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(2) Any
alien possessing the same qualifications as above-stated for Filipino
nationals:
Provided, That his country has diplomatic relations with the Republic
of
the Philippines,
that he has been living in the Philippines for at least
three (3) continuous years prior to the filing of the petition for
adoption
and maintains such residence until the adoption decree is entered, that
he has been certified by his diplomatic or consular office or any
appropriate
government agency to have the legal capacity to adopt in his country,
and
that his government allows the adoptee to enter his country as his
adopted
child. Provided, further, That the requirements on residency and
certification
of the alien’s qualification to adopt in his country may be waived for
the following:chanrobles virtual law library
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(i) a
former Filipino citizen who seeks to adopt a relative within the fourth
(4th) degree of consanguinity or affinity; orchanrobles virtual law library
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(ii) one
who seeks to adopt the legitimate child of his Filipino spouse; orchanrobles virtual law library
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(iii) one
who is married to a Filipino citizen and seeks to adopt jointly with
his
spouse a relative within the fourth (4th) degree of consanguinity or
affinity
of the Filipino spouse.
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(3) The
guardian with respect to the ward after the termination of the
guardianship
and clearance of his financial accountabilities.
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Husband
and
wife shall jointly adopt, except in the following cases:
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(i) if
one spouse seeks to adopt the legitimate child of one spouse by the
other
spouse; or
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(ii) if
one spouse seeks to adopt his own illegitimate child: Provided,
however,
That the other spouse has signified his consent thereto; or
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(iii) if
the spouses are legally separated from each other.
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In case
husband
and wife jointly adopt or one spouse adopts the illegitimate child of
the
other, joint parental authority shall be exercised by the spouses.
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5. Who
may be adopted. – The
following may be adopted:
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(1) Any
person below eighteen (18) years of age who has been voluntarily
committed
to the Department under Articles 154, 155 and 156 of P.D.
No. 603 or judicially declared available for adoption;chanrobles virtual law library
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(2) The
legitimate child of one spouse, by the other spouse;
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(3) An
illegitimate child, by a qualified adopter to raise the status of the
former
to that of legitimacy;
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(4) A
person of legal age regardless of civil status, if, prior to the
adoption,
said person has been consistently considered and treated by the
adopters
as their own child since minority;
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(5) A
child whose adoption has been previously rescinded; orchanrobles virtual law library
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(6) 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.
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(7) A
child not otherwise disqualified by law or these rules.
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6.
Venue. – The
petition for adoption shall be filed with the Family
Court of the province or city where the prospective adoptive
parents
reside.
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7.
Contents of
the Petition. – The petition shall be verified and specifically state
at
the heading of the initiatory pleading whether the petition contains an
application for change of name, rectification of simulated birth,
voluntary
or involuntary commitment of children, or declaration of child as
abandoned,
dependent or neglected.
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1) If
the adopter is a Filipino citizen, the petition shall allege the
following:
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(a) The
jurisdictional facts;chanrobles virtual law library
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(b) That
the petitioner is of legal age, in possession of full civil capacity
and
legal rights; is of good moral character; has not been convicted of any
crime involving moral turpitude; is emotionally and psychologically
capable
of caring for children; is at least sixteen (16) years older than the
adoptee,
unless the adopter is the biological parent of the adoptee or is the
spouse
of the adoptee’s parent; and is in a position to support and care for
his
children in keeping with the means of the family and has undergone
pre-adoption
services as required by Section 4 of Republic
Act No. 8552.
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2) If
the adopter is an alien, the petition shall allege the following:
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(a) The
jurisdictional facts;
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(b) Sub-paragraph
1(b) above;chanrobles virtual law library
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(c) That
his country has diplomatic relations with the Republic of the
Philippines;
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(d) That
he has been certified by his diplomatic or consular office or any
appropriate
government agency to have the legal capacity to adopt in his country
and
his government allows the adoptee to enter his country as his adopted
child
and reside there permanently as an adopted child; and
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(e) That
he has been living in the Philippines for at least three (3) continuous
years prior to the filing of the petition and he maintains such
residence
until the adoption decree is entered.chanrobles virtual law library
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The
requirements
of certification of the alien’s qualification to adopt in his country
and
of residency may be waived if the alien:
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(i) is
a former Filipino citizen who seeks to adopt a relative within the
fourth
degree of consanguinity or affinity; or
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(ii) seeks
to adopt the legitimate child of his Filipino spouse; or chanrobles virtual law library
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(iii) is
married to a Filipino citizen and seeks to adopt jointly with his
spouse
a relative within the fourth degree of consanguinity or affinity of the
Filipino spouse.
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3) If
the adopter is the legal guardian of the adoptee, the petition shall
allege
that guardianship had been terminated and the guardian had cleared his
financial accountabilities.
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4) If
the adopter is married, the spouse shall be a co-petitioner for joint
adoption
except if: chanrobles virtual law library
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(a) one
spouse seeks to adopt the legitimate child of the other, or
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(b) if
one spouse seeks to adopt his own illegitimate child and the other
spouse
signified written consent thereto, or
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(c) if
the spouses are legally separated from each other.
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5) If
the adoptee is a foundling, the petition shall allege the entries which
should appear in his birth certificate, such as name of child, date of
birth, place of birth, if known; sex, name and citizenship of adoptive
mother and father, and the date and place of their marriage.
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6) If
the petition prays for a change of name, it shall also state the cause
or reason for the change of name.
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In all
petitions,
it shall be alleged:
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(a) The
first name, surname or names, age and residence of the adoptee as shown
by his record of birth, baptismal or foundling certificate and school
records.chanrobles virtual law library
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(b) That
the adoptee is not disqualified by law to be adopted.
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(c) The
probable value and character of the estate of the adoptee.
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(d) The
first name, surname or names by which the adoptee is to be known and
registered
in the Civil Registry.
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A
certification
of non-forum shopping shall be included pursuant to Section 5, Rule 7
of
the 1997
Rules of Civil Procedure.
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Sec. 8.
Rectification
of Simulated Birth. – In case
the petition also seeks rectification of a simulated of birth, it shall
allege that:
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(a) Petitioner
is applying for rectification of a simulated birth;chanrobles virtual law library
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(b) The
simulation of birth was made prior to the date of effectivity of
Republic
Act No. 8552 and the application for rectification of the birth
registration
and the petition for adoption were filed within five years from said
date;
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(c) The
petitioner made the simulation of birth for the best interests of the
adoptee;
and
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(d) The
adoptee has been consistently considered and treated by petitioner as
his
own child.
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9.
Adoption of
a foundling, an abandoned, dependent or neglected child. – In
case the adoptee is a foundling, an abandoned, dependent or neglected
child,
the petition shall allege:
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(a) The
facts showing that the child is a foundling, abandoned, dependent or
neglected;
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(b) The
names of the parents, if known, and their residence.If
the child has no known or living parents, then the name and residence
of
the guardian, if any;
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(c) The
name of the duly licensed child-placement agency or individual under
whose
care the child is in custody; and
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(d) That
the Department, child-placement or child-caring agency is authorized to
give its consent. chanrobles virtual law library
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10.
Change of
name. – In case the petition
also prays for change of name, the title or caption must contain:
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(a) The
registered name of the child;
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(b) Aliases
or other names by which the child has been known; and
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(c) The
full name by which the child is to be known.
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11.
Annexes to
the Petition. – The following documents shall be attached to the
petition:chanrobles virtual law library
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A. Birth,
baptismal or foundling certificate, as the case may be, and school
records
showing the name, age and residence of the adoptee;
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B. Affidavit
of consent of the following:
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1. The
adoptee, if ten (10) years of age or over;
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2. The
biological parents of the child, if known, or the legal guardian, or
the
child-placement agency, child-caring agency, or the proper government
instrumentality
which has legal custody of the child;
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3. The
legitimate and adopted children of the adopter and of the adoptee, if
any,
who are ten (10) years of age or over;
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4. The
illegitimate children of the adopter living with him who are ten (10)
years
of age or over; andchanrobles virtual law library
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5. The
spouse, if any, of the adopter or adoptee.
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C. Child
study report on the adoptee and his biological parents;
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D. If
the petitioner is an alien, certification by his diplomatic or consular
office or any appropriate government agency that he has the legal
capacity
to adopt in his country and that his government allows the adoptee to
enter
his country as his own adopted child unless exempted under Section 4(2);
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E. Home
study report on the adopters. If the adopter is an alien or
residing
abroad but qualified to adopt, the home study report by a foreign
adoption
agency duly accredited by the Inter-Country Adoption Board; and
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F. Decree
of annulment, nullity or legal separation of the adopter as well as
that
of the biological parents of the adoptee, if any.
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12.
Order
of Hearing. – If the petition and attachments are sufficient in form
and
substance, the court shall issue an order which shall contain the
following:chanrobles virtual law library
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(1) the
registered name of the adoptee in the birth certificate and the names
by
which the adoptee has been known which shall be stated in the caption;
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(2) the
purpose of the petition;
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(3) the
complete name which the adoptee will use if the petition is granted;
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(4) the
date and place of hearing which shall be set within six (6) months from
the date of the issuance of the order and shall direct that a copy
thereof
be published before the date of hearing at least once a week for three
successive weeks in a newspaper of general circulation in the province
or city where the court is situated; Provided, that in case of
application
for change of name, the date set for hearing shall not be within four
(4)
months after the last publication of the notice nor within thirty (30)
days prior to an election.
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The
newspaper
shall be selected by raffle under the supervision of the Executive
Judge.chanrobles virtual law library
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(5) a
directive to the social worker of the court, the social service office
of the local government unit or any child-placing or child-caring
agency,
or the Department to prepare and submit child and home study reports
before
the hearing if such reports had not been attached to the petition due
to
unavailability at the time of the filing of the latter; and
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(6) a
directive to the social worker of the court to conduct counseling
sessions
with the biological parents on the matter of adoption of the adoptee
and
submit her report before the date of hearing.
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At the
discretion
of the court, copies of the order of hearing shall also be furnished
the
Office of the Solicitor General through the provincial or city
prosecutor,
the Department and the biological parents of the adoptee, if known.
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If a
change
in the name of the adoptee is prayed for in the petition, notice to the
Solicitor General shall be mandatory.
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13.
Child and
Home Study Reports. – In preparing the child study report on the
adoptee,
the concerned social worker shall verify with the Civil Registry the
real
identity and registered name of the adoptee. If the birth of the
adoptee was not registered with the Civil Registry, it shall be the
responsibility
of the social worker to register the adoptee and secure a certificate
of
foundling or late registration, as the case may be.
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The
social
worker shall establish that the child is legally available for adoption
and the documents in support thereof are valid and authentic, that the
adopter has sincere intentions and that the adoption shall inure to the
best interests of the child.chanrobles virtual law library
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In case
the
adopter is an alien, the home study report must show the legal capacity
to adopt and that his government allows the adoptee to enter his
country
as his adopted child in the absence of the certification required under
Section 7(b) of Republic
Act No. 8552.
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If
after the
conduct of the case studies, the social worker finds that there are
grounds
to deny the petition, he shall make the proper recommendation to the
court,
furnishing a copy thereof to the petitioner.
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14.
Hearing. –
Upon satisfactory proof that the order of hearing has been published
and
jurisdictional requirements have been complied with, the court shall
proceed
to hear the petition. The petitioner and the adoptee must
personally
appear and the former must testify before the presiding judge of the
court
on the date set for hearing.
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The
court shall
verify from the social worker and determine whether the biological
parent
has been properly counseled against making hasty decisions caused by
strain
or anxiety to give up the child; ensure that all measures to strengthen
the family have been exhausted; and ascertain if any prolonged stay of
the child in his own home will be inimical to his welfare and interest.
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15.
Supervised
Trial Custody. – Before issuance of the decree of adoption, the court
shall
give the adopter trial custody of the adoptee for a period of at least
six (6) months within which the parties are expected to adjust
psychologically
and emotionally to each other and establish a bonding
relationship.
The trial custody shall be monitored by the social worker of the court,
the Department, or the social service of the local government unit, or
the child-placement or child-caring agency which submitted and prepared
the case studies. During said period, temporary parental
authority
shall be vested in the adopter.
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The
court may,
motu proprio or upon motion of any party, reduce the period or exempt
the
parties if it finds that the same shall be for the best interests of
the
adoptee, stating the reasons therefor.
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An
alien adopter
however must complete the 6-month trial custody except the following:
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(a) a
former Filipino citizen who seeks to adopt a relative within the fourth
(4th) degree of consanguinity or affinity; or
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(b) one
who seeks to adopt the legitimate child of his Filipino spouse; or
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(c) one
who is married to a Filipino citizen and seeks to adopt jointly with
his
or her spouse the latter’s relative within the fourth (4th) degree of
consanguinity
or affinity.chanrobles virtual law library
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If the
child
is below seven (7) years of age and is placed with the prospective
adopter
through a pre-adoption placement authority issued by the Department,
the
court shall order that the prospective adopter shall enjoy all the
benefits
to which the biological parent is entitled from the date the adoptee is
placed with him.
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The
social
worker shall submit to the court a report on the result of the trial
custody
within two weeks after its termination.
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Sec.
16.
Decree of
Adoption. – If the supervised trial custody is satisfactory to the
parties
and the court is convinced from the trial custody report and the
evidence
adduced that the adoption shall redound to the best interests of the
adoptee,
a decree of adoption shall be issued which shall take effect as of the
date the original petition was filed even if the petitioners die before
its issuance.
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The
decree
shall:chanrobles virtual law library
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A. State
the name by which the child is to be known and registered;
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B. Order:
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(1) the
Clerk of Court to issue to the adopter a certificate of finality upon
expiration
of the 15-day reglementary period within which to appeal;
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(2) 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 thirty (30) days from receipt of the certificate of
finality.
In case of change of name, the decree shall be submitted to the Civil
Registrar
where the court issuing the same is situated.
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(3) the
Civil Registrar of the place where the adoptee was registered:
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a. to
annotate on the adoptee’s original certificate of birth the decree of
adoption
within thirty (30) days from receipt of the certificate of finality;
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b. to
issue a certificate of birth which shall not bear any notation that it
is a new or amended certificate and which shall show, among others, the
following: registry number, date of registration, name of child,
sex, date of birth, place of birth, name and citizenship of adoptive
mother
and father, and the date and place of their marriage, when applicable;
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c. to
seal the original certificate of birth in the civil registry records
which
can be opened only upon order of the court which issued the decree of
adoption;
and
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d. to
submit to the court issuing the decree of adoption proof of compliance
with all the foregoing within thirty days from receipt of the decree.
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If the
adoptee
is a foundling, the court shall order the Civil Registrar where the
foundling
was registered, to annotate the decree of adoption on the foundling
certificate
and a new birth certificate shall be ordered prepared by the Civil
Registrar
in accordance with the decree.
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- Sec.
17.
Book of Adoptions.
– The Clerk of Court shall keep a book of adoptions showing the date of
issuance of the decree in each case, compliance by the Civil Registrar
with Section 16(B)(3) and all incidents arising after the issuance of
the
decree.
-
- Sec.
18.
Confidential
Nature of Proceedings and Records. – All hearings in adoption cases,
after
compliance with the jurisdictional requirements shall be confidential
and
shall not be open to the public. All records, books and papers
relating
to the adoption cases in the files of the court, the Department, or any
other agency or institution participating in the adoption proceedings
shall
be kept strictly confidential.
-
-
If the
court
finds that the disclosure of the information to a third person is
necessary
for security reasons or for purposes connected with or arising out of
the
adoption and will be for the best interests of the adoptee, the court
may,
upon proper motion, order the necessary information to be released,
restricting
the purposes for which it may be used.
-
- Sec.
19.
Rescission
of Adoption of the Adoptee. – The petition shall be verified and filed
by the adoptee who is over eighteen (18) years of age, or with the
assistance
of the Department, if he is a minor, or if he is over eighteen (18)
years
of age but is incapacitated, by his guardian or counsel.
-
-
The
adoption
may be rescinded based on any of the following grounds committed by the
adopter:
-
-
(1) repeated
physical and verbal maltreatment by the adopter despite having
undergone
counseling;
-
-
(2) attempt
on the life of the adoptee;
-
-
(3) sexual
assault or violence; or
-
-
(4) abandonment
or failure to comply with parental obligations.
-
-
Adoption,
being
in the best interests of the child, shall not be subject to rescission
by the adopter. However, the adopter may disinherit the adoptee
for
causes provided in Article 919 of the Civil
Code.
-
- Sec.
20.
Venue. – The
petition shall be filed with the Family
Court of the city or province where the adoptee resides.
-
- Sec.
21.
Time within
which to file petition. – The adoptee, if incapacitated, must file the
petition for rescission or revocation of adoption within five (5) years
after he reaches the age of majority, or if he was incompetent at the
time
of the adoption, within five (5) years after recovery from such
incompetency.
-
- Sec.
22.
Order to Answer.
– The court shall issue an order requiring the adverse party to answer
the petition within fifteen (15) days from receipt of a copy
thereof.
The order and copy of the petition shall be served on the adverse party
in such manner as the court may direct.
-
- Sec.
23.
Judgment.
– If the court finds that the allegations of the petition are true, it
shall render judgment ordering the rescission of adoption, with or
without
costs, as justice requires.
-
-
The
court shall
order that the parental authority of the biological parent of the
adoptee,
if known, or the legal custody of the Department shall be restored if
the
adoptee is still a minor or incapacitated and declare that the
reciprocal
rights and obligations of the adopter and the adoptee to each other
shall
be extinguished.
-
-
The
court shall
further declare that 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.
-
-
It
shall also
order the adoptee to use the name stated in his original birth or
foundling
certificate.
-
-
The
court shall
further order the Civil Registrar where the adoption decree was
registered
to cancel the new birth certificate of the adoptee and reinstate his
original
birth or foundling certificate.
-
- Sec.
24.
Service of
Judgment. – A certified true copy of the judgment together with a
certificate
of finality issued by the Branch Clerk of the Court which rendered the
decision in accordance with the preceding Section shall be served by
the
petitioner upon the Civil Registrar concerned within thirty (30) days
from
receipt of the certificate of finality. The Civil Registrar shall
forthwith enter the rescission decree in the register and submit proof
of compliance to the court issuing the decree and the Clerk of Court
within
thirty (30) days from receipt of the decree.
-
-
The
Clerk of
Court shall enter the compliance in accordance with Section 17 hereof.
-
- Sec.
25. Repeal.
- This supersedes Rule
99 on Adoption and Rule 100 of the Rules of Court.
-
-
B.
Inter-Country
Adoption
-
Sec.
26.
Applicability. –
The following sections apply to inter-country adoption of Filipino
children
by foreign nationals and Filipino citizens permanently residing
abroad.
-
Sec.
27. Objectives.
– The State shall:
-
-
(a) consider
inter-country adoption as an alternative means of child care, if the
child
cannot be placed in a foster or an adoptive family or cannot, in any
suitable
manner, be cared for in the Philippines;
-
-
(b) ensure
that the child subject of inter-country adoption enjoys the same
protection
accorded to children in domestic adoption; and
-
-
(c) take
all measures to ensure that the placement arising therefrom does not
result
in improper financial gain for those involved.
-
Sec.
28.
Where to File
Petition. – 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.
-
-
It may
be filed
directly with the Inter-Country Adoption Board.chanrobles virtual law library
-
Sec.
29.
Who may be
adopted. – Only a child legally available for domestic adoption may be
the subject of inter-country adoption.
-
Sec.
30.
Contents of
Petition. – The petitioner must allege:
-
-
(a) 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;
-
-
(b) 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;
-
-
(c) 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;
-
-
(d) that
he has not been convicted of a crime involving moral turpitude;
-
-
(e) that
he is eligible to adopt under his national law;
-
-
(f) 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;
-
-
(g) 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 Republic
Act No. 8043;
-
-
(h) 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
-
-
(i) that
he possesses all the qualifications and none of the disqualifications
provided
in this Rule, in Republic
Act No. 8043 and in all other applicable Philippine laws.
-
Sec.
31.
Annexes.-
The petition for adoption shall contain the following annexes written
and
officially translated in English:
-
-
(a) Birth
certificate of petitioner;chanrobles virtual law library
-
-
(b) Marriage
contract, if married, and, if applicable, the divorce decree, or
judgment
dissolving the marriage;
-
-
(c) Sworn
statement of consent of petitioner’s biological or adopted children
above
ten (10) years of age;
-
-
(d) Physical,
medical and psychological evaluation of the petitioner certified by a
duly
licensed physician and psychologist;
-
-
(e) Income
tax returns or any authentic document showing the current financial
capability
of the petitioner;
-
-
(f) Police
clearance of petitioner issued within six (6) months before the filing
of the petitioner;chanrobles virtual law library
-
-
(g) Character
reference from the local church/minister, the petitioner’s employer and
a member of the immediate community who have known the petitioner for
at
least five (5) years;
-
-
(h) Full
body postcard-size pictures of the petitioner and his immediate family
taken at least six (6) months before the filing of the petition.
-
Sec.
32.
Duty of Court.
– The Court, after finding
that the petition is sufficient in form and substance and a proper case
for inter-country adoption, shall immediately transmit the petition to
the Inter-Country Adoption Board for appropriate action.
-
Sec.
33. Effectivity.
- This Rule shall take
effect on August 22, 2002 following its publication in a newspaper of
general
circulation.
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