Domestic Adoption Act of 1998 (R.A. 8552)

Domestic Adoption Act of 1998

Republic Act No. 8552

Republic Act No. 8552

In RE: Petition for Adoption of Michelle P. Lim

ARTICLE III - ELIGIBILITY

Section 7. Who May Adopt. – The following may adopt:

(a) a Filipino citizen;

- at least sixteen (16) years older than the adoptee

- in a position to support and care for his/her children

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or

(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her consent thereto; or

(iii) if the spouses are legally separated from each other.

Who May Adopt

Section 8. Who May Be Adopted.

(b) any alien

- possessing the same qualifications as above stated for Filipino nationals

- has been living in the Philippines for at least three (3) continuous years

- certified by his/her diplomatic or consular office that he/she has the legal capacity to adopt

(c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities.

Section 9. Whose Consent is Necessary to the Adoption

(a) Any person below eighteen (18) years of age

(b) The legitimate son/daughter of one spouse by the other spouse

(c) An illegitimate son/daughter by a qualified adopter

(d) A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority

(e) A child whose adoption has been previously rescinded

(f) A child whose biological or adoptive parent(s) has died

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;

(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;

(d) The 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; and

(e) The spouse, if any, of the person adopting or to be adopted.

Republic Act 8552

ARTICLE I - GENERAL PROVISIONS

Section 1. Short Title. – This Act shall be known as the "Domestic Adoption Act of 1998."

Section 2. Declaration of Policies.

Section 3. Definition of Terms.

ARTICLE II - PRE-ADOPTION SERVICES

Section 4. Counseling Service.

Section 5. Location of Unknown Parent(s).

Section 6. Support Services.

ARTICLE IV - PROCEDURE

ARTICLE VII - VIOLATIONS AND PENALTIES

Section 21. Violations and Penalties

(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts;

(ii) non-compliance with the procedures and safeguards provided by the law for adoption; or

(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.

Section 22. Rectification of Simulated Births

Section 10. Hurried Decisions

Section 11. Case Study

Section 12. Supervised Trial Custody

Section 14. Civil Registry Record

Section 15. Confidential Nature of Proceedings and Records

ARTICLE VIII - FINAL PROVISIONS

Section 23. Adoption Resource and Referral Office

Section 24. Implementing Rules and Regulations

Section 25. Appropriations

Section 26. Repealing Clause

Section 27. Separability Clause

Section 28. Effectivity Clause

ARTICLE VI - RESCISSION OF ADOPTION

Section 19. Grounds for Rescission of Adoption

(a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling;

(b) attempt on the life of the adoptee;

(c) sexual assault or violence; or

(d) abandonment and failure to comply with parental obligations.

Section 20. Effects of Rescission

ARTICLE V - EFFECTS OF ADOPTION

Section 16. Parental Authority

Section 17. Legitimacy

Section 18. Succession

RA 8552

Notes

Laws on Adoption

Legal Adoption vs Simulation of Birth

Landingin vs. Republic

Republic Act 8552

The Domestic Adoption Act

This is the law that will govern

Adoption by Pinoy of Pinoy

Republic Act 8043

Inter-country Adoption Act

This is the law that will govern

Foreigners adopting Filipinos

If in case a foreigner

Get married with a Filipina

The law to govern in this kind of case

Is Republic Act 8552

There is a lot of process to take

If you and your wife don’t know how to make

You have to do good in your civil law

Or else the laws will get into you.

Nang isilang ka sa mundong ito

Iniwan ka ng magulang mo

At ang mudoy tila walang ilaw

At ang mga kumupkop sayo

Di malaman ang gagawin

Simulation of Birth ginawa sayo

Nagdaan ang mga araw

Mga bagay lalong luminaw

Legal Adoption pala ang tamang paraan

At ang una among nilapitan

Ang yong inang wlang alam

Sabay sabi, “Nay, tayo na at mag-apply”

Section 9, par (b) of RA 8552 provides;

"The biological parent(s) of the child, if known," is necessary to the adoption. The written consent of the legal guardian will suffice if the written consent of the biological parents cannot be obtained.

Domestic Adoption Act

In the Matter of the Adoption of Stephanie Nathy Astorga Garcia

Lahom vs. Sibulo

Section 19. Grounds for Rescission of Adoption

(a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling;

(b) attempt on the life of the adoptee;

(c) sexual assault or violence; or

(d) abandonment and failure to comply with parental obligations.

One of the effects of adoption is that the adopted is deemed to be a legitimate child of the adapter for all intents and purposes pursuant to Article 189 of the Family Code and Section 17 of Article V of RA 8552.

AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PURPOSES

Jurisprudence

In RE: Petition for Adoption of Michelle P. Lim

Landingin vs. Republic

In the Matter of the Adoption of Stephanie Nathy Astorga Garcia