DOMESTIC ADOPTION

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by PAULA MENDITA0 views·Updated Sep 1, 2021
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  1. Hello and good day classmates.
  2. I was tasked to discuss the judicial process of domestic
  3. adoption in the Philippines.
  4. So let us begin.
  5. This is provided under Republic Act number 8552 and act
  6. establishing the rules and policies on the domestic adoption of
  7. filipino Children and for other purposes.
  8. Please take note that this law repealed articles 183 To
  9. 193 of the family code.
  10. So as you can see on your screens, there are
  11. five steps in the judicial process of domestic adoption.
  12. In the Philippines.
  13. Let us start with the first step.
  14. The first step is filing.
  15. So section six of our a number 8552 provides that
  16. the family courts where the prospective adoptive parents reside is
  17. the proper venue for the filing of the petition for
  18. adoption. In addition, section seven of the same law also
  19. provides for the contents of the petition.
  20. The first step commences the adoption process in the Philippine
  21. courts, the petition should be accompanied by documentation which will
  22. prove the capacity of the perspective adoptive parents to adopt
  23. the subject child such as proof of financial capacity, social
  24. and religious support and the proper psychological makeup to adopt.
  25. There are no black forms to fill up the petition
  26. being illegal documents can be executed properly with the assistance
  27. of adoption lawyers here in the Philippines.
  28. Moving on, we have the second step which is publication.
  29. So before any hearing, the court will order the publication
  30. of the hearing of the petition in a newspaper of
  31. general circulation once a week for three consecutive weeks.
  32. At this stage there is a determination by the court
  33. of the sufficiency of the petition in form and in
  34. substance before moving ahead with the hearings on the adoption
  35. case. The 3rd step is the hearing after the publication
  36. of the petition and the court determined that the petition
  37. is indeed sufficient informant in substance hearings will be scheduled
  38. to receive the testimonies of the witnesses which will support
  39. the petition.
  40. So who are the witnesses under the law there are
  41. two mean witnesses first adoptive parents and second the social
  42. worker. But when required by the court this the psychologist
  43. who conducted the evaluation can also be a witness.
  44. The fourth step, His supervised trial custody before issuance of
  45. the decree of adoption.
  46. The court shall give the adopter trial custody of the
  47. adoptee for at least six months as provided under section
  48. 15. The reason behind this is that the parties i
  49. in order for the parties to adjust psychologically and emotionally
  50. with each other and establish a bonding relationship.
  51. However, the court may reduce or accept the parties from
  52. supervised trial custody if it finds that the same shall
  53. be for the best interests of the adoptee.
  54. And last but certainly not the least is the decree
  55. of adoption.
  56. So after the hearing of the evidence and the court
  57. renders a favorable decision, a decree of adoption will be
  58. issued giving the adoptive parents custody of the child subject
  59. of the adoption.
  60. There is also the cancellation of the old birth certificate
  61. provided. One has already been issued, and after that a
  62. new one will be issued with the adoptive parents named
  63. as father and mother on the birth certificate of the
  64. child. So there you have it, the five steps of
  65. the judicial process of domestic adoption in the Philippines.