Facts:
On February 21, 1990, Spouses Alvin Clouse, a natural-born
US Citizen and Evelyn Clouse, a former Filipino who became a naturalized US
citizen, filed a petition to adopt Solomon Alcala, a minor who is Evelyn's
youngest brother. The trial court granted the petition. Republic, through the
Office of the Solicitor General appealed contending...
Who May Adopt?
The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a...
Who May be Adopted?
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...
Rights of an Adopted Child
Effects of Adoption
1. Parental Authority. — Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s). (Sec. 16, R.A. No. 8552)
2. Legitimacy. — The adoptee shall be considered the legitimate...
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be rescinded on any of the following grounds committed by the adopter(s):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...
Parental Authority
Chapter 1. General
Provisions
What do parental authority and
responsibility include?
Pursuant to the
natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall
include
- the caring for and rearing them for civic consciousness and efficiency and
-...
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