ADOPTION-ARTICLE 183-193
Adoption-the process of making a child, whether
related or not to the adopter, possess in general, the
rights accorded to a legitimate child. “It is a juridical
act, a proceeding in rem which creates a
relationship that is similar to that which results from
legitimate paternity and filiation. The process of
adoption therefore fixes a status, viz., that of parent
and child. More technically, it is an act by which
relations of paternity and affiliation are recognized
as legally existing between persons not so related
by nature.
It is an act by which relations of paternity and
affiliation are recognized as legally existing between
persons not so related by nature. [G.R. No. 212302,
September 02, 2020] (YUTA HAYASHI, VS.
OFFICE OF THE SOLICITOR GENERAL)
Rights of adopted child
-the right accorded to legitimate child is similarly
granted to adopted child. It is as if the child is related
to the parents by nature.
Rights of adoptee
-the adoptee is as if the parent by nature of the child.
He has the right similar of that of the parents by
nature.
Solidary adoption-when only one person sought to
adopt
Alien-an alien can adopt in the Philippines provided
he or she is a resident in the Philippines for at least
three consecutive years and their country has a
diplomatic relations with the Philippines.
Filipino- A Filipino of legal age, with full civil and
legal capacity, good moral character, not been
convicted of any crime involving moral turpitude,
who is emotionally and financially capable of
supporting and caring for a child. Provided, that he
is sixteen year older than the adoptee.
Joint adoption-when both spouse sought to adopt.
Both Alien-Under the Family code, both spouses
who are residing in the Philippines for three
consecutive years and their country has a diplomatic
relation with the Philippines duly certified by their
consular office or appropriate government agency
that they are capable to adopt a child and such child
is allowed to be a citizen of their country under their
existing laws. This adoption is govern by domestic
adoption act.
Alien and Filipino
Alien spouse may adopt the child of his or her
spouse’s legitimate or illegitimate child or his or her
relatives by consanguinity or affinity within fourth
civil degree. In this case, the residency requirement
and certification is no longer required.