Rescission of Adoption

May the adopted person ask for the rescission of the adoption?

Yes. Upon petition of the adoptee, with the assistance of the DSWD, if a minor or if over eighteen (18) years of age but is incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following grounds committed by the adopter(s):

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

(b) attempt on the life of the adoptee;

(d) abandonment and failure to comply with parental obligations. (Sec. 19, R.A. No. 8552)

May the adopter ask for the revocation of the adoption?

No. 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, R.A. No. 8552)

Causes of Disinheritance

Art. 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:

(1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;

(2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;

(3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;

(4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;

(5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;

(6) Maltreatment of the testator by word or deed, by the child or descendant;

(7) When a child or descendant leads a dishonorable or disgraceful life;

(8) Conviction of a crime which carries with it the penalty of civil interdiction.

What are the effects of rescission of the adoption?

If the petition is granted,

1. The parental authority of the adoptee's biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated.

2. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished.

3. The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate.

4. Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission.

5. 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, R.A. No. 8552)