The following may adopt:
(a) Any Filipino citizen
(b) Any alien
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of
the guardianship and clearance of his/her financial accountabilities. (Sec. 7, R.A. No. 8552)
Qualifications
of Filipino Citizen
1. Filipino citizen
2. Of legal age
3. In possession of full civil capacity and legal rights
4. Of good moral character
5. Has not been convicted of any crime involving moral turpitude
6. Emotionally and psychologically capable of caring for children
7. At least sixteen (16) years older than the adoptee
8. In a position to support and care for his/her children in
keeping with the means of the family.
The requirement of sixteen (16) year difference between the age of
the adopter and adoptee may be waived when the adopter is the biological parent
of the adoptee, or is the spouse of the adoptee's parent.
Qualifications of Alien
1. Any alien possessing the same qualifications as above stated
for Filipino nationals
2. His/her country has diplomatic relations with the Republic of
the Philippines
3. He/she has been living in the Philippines for at least three
(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.
When may the requirements on residency and certification of the alien's qualification to adopt in his/her country be waived?
The requirements on residency and certification of the alien's
qualification to adopt in his/her country may be waived for the following:
(i) a former
Filipino citizen who seeks to adopt a relative within the fourth (4th) degree
of consanguinity or affinity; or
(ii) one who seeks
to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt
jointly with his/her spouse a relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse; or
What are
the applicable rules on adoption in cases where a married couple wants to adopt
a child?
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.
In
case husband and wife jointly adopt, or one spouse adopts the illegitimate
son/daughter of the other, joint parental authority shall be exercised by the
spouses. (Sec. 7, R.A. No. 8552)
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