The following may be adopted:
(a) Any
person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption;
(b) The
legitimate son/daughter of one spouse by the other spouse;
(c) An
illegitimate son/daughter by a qualified adopter to improve his/her status to
that of legitimacy;
(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child whose adoption has been previously rescinded; or
(f) A
child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within
six (6) months from the time of death of said parent(s). (Sec. 8, R.A. No. 8552)
Whose Consent is Necessary to the Adoption?
After being properly counseled and informed of his/her right to
give or withhold his/her approval of the adoption, the written consent of the
following to the adoption is hereby required:
(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.
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