Republic Act No.

8552, otherwise known as the Domestic Adoption Act of 1998

Applies to adoption of Filipino children, where the entire adoption process beginning from the filing of
the petition up to the issuance of the adoption decree takes place in the Philippines. (Rabuya, 2009)

A. Eligibility
1) Who may adopt
2) What are the qualifications to be eligible to adopt

The following can be eligible to adopt provided they meet the following qualifications:

a. Filipino Citizen
1. Of legal age;
2. In possession of full civil capacity and 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 legitimate and illegitimate children, in keeping with the
means of the family; and
7. At least 16 years older than the person to be adopted, unless:
i. The adopter is the natural parent of the child to be adopted, or
ii. The adopter is the spouse of the legitimate parent of the person to be adopted

b. Alien
1. Possessing the same qualifications as above stated for Filipino nationals;
2. His/her country has diplomatic relations with the Philippines;
3. He/she has been living in the Philippines for at least 3 continuous years prior to the filing of the
application for adoption and maintains such residence until the adoption decree is entered;
4. He/she 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;
5. His/her government allows the adoptee to enter his/her country as his/her adopted son/daughter.

Requirements no. 3 and 4 may be waived in the following instances:

i. A former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or
affinity; or
ii. One who seeks to adopt the legitimate child of his/her Filipino spouse
iii. 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

c. Guardians – with respect to the ward after the termination of the guardianship and clearance of his/her
financial accountabilities
All statutory requirements for adoption must be met, and when a court issues an adoption decree despite
the fact that all the said requirements are not met, such decree is a nullity

Rule on Adoption by Spouses

General Rule: Husband and wife shall jointly adopt.

Exceptions:
1. One spouse seeks to adopt the legitimate son/daughter of the other
 2. One spouse seeks to adopt his/her own illegitimate son/daughter: Provided, that the other spouse
has signified his/her consent or
3. The spouses are legally separated from each other.

NOTE: In case husband and wife jointly adopt, or one spouse adopts an illegitimate child of the other,
joint parental authority shall be exercised. (Sec. 7, Art. 3, RA 8552)

3) Who can be adopted

The following may be adopted:

1. Any person below 18 years of age who has been administratively or judicially declared available
for adoption
2. Under R.A. 9523, a child which can be certified as “legally available for adoption” includes a
person below eighteen (18) years of age or a person over eighteen (18) years of age but is unable
to fully take care of him/herself or protect him/herself from abuse, neglect, cruelty, exploitation,
or discrimination because of physical or mental disability or condition
3. Illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy

4. Legitimate son/daughter of one spouse by the other spouse

5. Person of legal age if, prior to the adoption, said person has been consistently considered and
treated by the adopter as his/her own child since minority;
6. Child whose adoption has been previously rescinded
7. Child whose biological or adoptive parents have died provided that no proceedings shall be
initiated within 6 months from the time of death of said parents. (Sec. 8, Art. 3, RA 8552)

NOTE: A “child” refers to a person below eighteen (18) years of age.

4) Whose consent is necessary to the adoption

The written consent of the following is necessary for adoption:

1. Biological parent(s) of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child;
2. Adoptee, if ten (10) years of age or over;
3. Illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said
adopter and the latter's spouse, if any;
4. Legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and
adoptee, if any;
5. Spouse, if any, of the person adopting or to be adopted. (Sec. 9, Art. 3, RA 8552)

B. Effects of Adoption on:

1) Parental authority over the adopted child/adoptee

 Severance of all legal ties between the biological parents and the adoptee and the same shall then
be vested on the adopters EXCEPT in cases where the biological parent is the spouse of the
adopter. (Sec. 16, Art. 5, RA 8552)

2) Legitimacy of the adopted child/adoptee

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. To this end, the adoptee is
entitled to love, guidance, and support in keeping with the means of the family. (Sec. 17, Art. 5,
RA 8552)

3) Successional rights of the adopted child/adoptee

In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of
succession without distinction from legitimate filiation. However, if the adoptee and his/her
biological parent(s) had left a will, the law on testamentary succession shall govern. (Sec. 18,
Art. 5, RA 8552)

4) Effectivity of the decree of adoption

If, after the publication of the order of hearing has been complied with, and no opposition has
been interposed to the petition, and after consideration of the case studies, the qualifications of
the adopter(s), trial custody report and the evidence submitted, the court is convinced that the
petitioners are qualified to adopt, and that the adoption would redound to the best interest of the
adoptee, a decree of adoption shall be entered which shall be effective as of the date the original
petition was filed. This provision shall also apply in case the petitioner(s) dies before the
issuance of the decree of adoption to protect the interest of the adoptee. The decree shall state
the name by which the child is to be known. (Sec. 13, Art. 4, RA 8552)

C. Rescission of Adoption:

1) Who can rescind the adoption

The court shall order the Civil Registrar to cancel the amended certificate of birth of the
adoptee and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of judgment
of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under the Penal Code if the criminal acts are properly proven.

2) Grounds for rescission

The adoption may be rescinded on any of the following grounds committed by the adopter(s):
1. Repeated physical and verbal maltreatment by the adopters despite having undergone
counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence;
4. Abandonment and failure to comply with parental obligations.

Only the adoptee may file for rescission of the adoption decree. If the adoptee is a minor or if
over 18 years old but is incapacitated, he/she must be assisted by the Department of Social
Welfare and Development as guardian/counsel.

Adoption, being in the best interest of the child, shall not be subject to rescission by the
adopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in Article
919 of the Civil Code. (Sec. 19, Art. 6, RA 8552)

3) Effects of rescission

If the petition is granted:

a. The parental authority of the adoptee's biological parents, if known, or the legal custody of the
DSWD shall be restored if the adoptee is still a minor or incapacitated.
b. The reciprocal rights and obligations of the adopters and the adoptee to each other shall be
extinguished.
c. The court shall order the Civil Registrar to cancel the amended certificate of birth of the
adoptee and restore his/her original birth certificate.
d. Succession rights shall revert to its status prior to adoption, but only as of the date of
judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be
respected.

All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under the Penal Code if the criminal acts are properly proven. (Sec. 20, Art. 6, RA
8552)