1. WHO CAN ADOPT
Q: Who may adopt?
A: 1. Filipino;
2. Alien;
3. Guardian with respect to his ward.
Q: What are the qualifications of a Filipino who may adopt?
A: 1. Must be of Legal age;
2. In a Position to care for his children;
3. Good moral character;
4. Full civil capacity and legal rights;
5. Not been Convicted of any crime involving moral turpitude;
6. Emotionally and psychologically capable of caring for children;
7. At least 16 years older than adoptee. Except It is not necessary that adopter be at least 16 years older:
a. Adopter is the biological parent of the adoptee,
b. Adopter is the spouse of adoptee’s parent.
Q: What are the qualifications of an alien who may adopt under R.A. 8552?
A: 1. Possesses Same qualifications as those enumerated for Filipino adopters;
2. His country has Diplomatic relations with the Philippines;
3. Has been living in the Philippines for at least 3 continuous years prior to the application for adoption and maintains such residence until adoption decree has been entered.
Except
a. He is a former Filipino who seeks to adopt a relative within the 4th civil degree of consanguinity or affinity,
b. He is married to a Filipino and seeks to adopt jointly with his spouse a relative within the 4th degree of consanguinity or affinity,
c. He is married to a Filipino and seeks to adopt the legitimate or illegitimate child of his filipino spouse.
Q: How may a guardian adopt his ward?
A: A guardian may only adopt his ward after termination of guardianship and clearance of his financial accountabilities. Q: What is the rule when a person seeking to adopt has a spouse?
A: Such person must adopt with his spouse jointly. The general rule is that husband and wife shall jointly adopt.
Except 1. One spouse seeks to adopt the legitimate child of the other;
2. One spouse seeks to adopt his own illegitimate child;
3. Spouses are legally separated.
Q: Who may be adopted?
A: 1. Any person below 18 of age who has been administratively or judicially declared available for adoption;
2. Legitimate child of one spouse by the other spouse;
3. Illegitimate child by a qualified adopter to improve the status of said child to that of legitimacy;
4. Person of legal age, if prior to the adoption, said person has been consistently considered and treated by adopters as their child since minority;
5. Child whose adoption has been previously rescinded;
6. Child whose biological parents have died provided no proceedings have been initiated within 6 months from time of death.
Q: What is the definition of “child”?
A: A child is any person below 18 years old.
Q: What is the definition of “child legally free for adoption”?
A: A child voluntarily or involuntarily committed to the DSWD, freed of his biological parents, guardians, adopters in case of rescission.
Q: Whose written consent is necessary for adoption?
A: 1. Adoptee, if 10 years of age and over;
2. Biological parents of the child, if known or the legal guardian, or the proper government instrumentality which has legal custody of the child;
3. Legitimate children of the adopter, if 10 years old or over;
4. Illegitimate children of the adopter, if 10 years old or over and living with him;
5. Spouse of the adopted, if married;
6. Spouse of the adopter, if married.
