In 1984, Lily, a Filipina, went to work as a caregiver in the United States .

There, she met and fell in love

with Marshall, an American citizen, and they got married in 1985. Lily acquired American citizenship in
1987. During their sojourn in the Philippines in 1990, they filed a joint petition for the adoption of Ted, a
7-year old daughter of Lily’s sister. The government, through the Office of the Solicitor General, opposed
the petition on the ground that the petitioners, being both foreigners, are disqualified to adopt Ted.

a) Is the government’s opposition tenable? Explain.

b) Would your answer be the same if they sought to adopt Lily’s illegitimate daughter? Explain.

SUGGESTED ANSWER:

a) The government’s position is untenable. Under paragraph 3, Article 184 of the Family Code, an
alien, as a general rule cannot adopt. However, an alien who is a former Filipino citizen and who
seeks to adopt a relative by consanguinity is qualified to adopt, (par. 3[a], Art. 184, Family Code)

b) In the given problem, Lily, a naturalized American citizen would like to adopt Ted, a 7-year old
daughter of her sister. Thus, under the above-cited provision, Lily is qualified to adopt Ted.