A.M. No.

02-6-02-SC
RULE ON ADOPTION
Effective August 22, 2002

A. DOMESTIC ADOPTION
 REMEMBER:

Adoption fixes a status parent and child.

It is an action in rem no particular defendant.
As an action in rem, the court must have
jurisdiction over: (SRP)
1. subject matter
2. res (personal status)
3. parties (adopter and adoptee)
 REMEMBER:

Only when no appropriate placement or adoption

within the childs extended family is available shall
adoption by an unrelated person be considered.
Sec. 2 (b)(i)
 Where shall the petition for adoption
filed?

Venue Court Basis

Prospective
Family Court of
Domestic adoptive
the province or Section 6
Adoption parents
city
residence
What if the prospective adoptive
parents are non-residents?

- Family court of the province or city

where the ADOPTEE resides
 What are the contents of the
petition?
If adopter is a Filipino
Citizen:
a. Jurisdictional facts; and
b. Qualifications (FAG
GEMPS)
If adopter is an Alien:
a. Jurisdictional facts;
b. Qualifications (FAG GEMPS);
c. Diplomatic relations with RP;
d. Certified to have legal capacity to adopt and
allows the entry of the adoptee in the country
XP: When waived (FLR)
e. Living in RP for at least 3 continuous years and
maintains such residence until adoption decree
What are the contents of the petition?
If adopter is a Legal
a. Guardianship terminated
Guardian:
b. Cleared his financial
accountabilities
If adopter is Married:
GR: Spouse shall be co-petitioners (Joint adoption)
XP: a. adopt legitimate child of the other spouse
b. adopt own illegitimate child
-written consent of the other spouse needed
c. spouses legally separated
What are the contents of the petition?
If adoptee is a foundling, abandoned, neglected or
a.dependent:
Entries which should appear in birth certificate
b. Facts showing that child is FAND
c. Name and residence of parents, if known, and if
not, name and residence of guardian
d. Agency or individual who has custody of the child
e. The department or agency who is authorized to
give its consent
If petition prays for Change of Name:
a. Cause or reason for the change of name
b. Registered name of the child
c. Aliases or other names
d. Full name by which the child is to be known
What are the contents of the petition?
In ALL petitions:
a. Name, age, and residence of adoptee
b. Adoptee not disqualified
c. Probable value and character of estate of adoptee
d. Name which adoptee is to be known and
registered
e. Certification of Non-forum shopping

Sec. 7, 9 and 10
 Simulated Birth
Simulation of childs birth in lieu of adoption:
- not a valid adoption
- causes the child to lose his true identity
and
- notstatus
confer upon the child the status of an
adopted child and the legal rights of such
child
Can a simulated birth be rectified?
Oo naman
yes.
 HOWEVER..

The period to apply for rectification has

already ended in 2003.
Is there a penalty for simulation of
birth?
Yes. Prision mayor in its medium ( 8 to 12
yrs) AND 50,000 pesos.

Article VII, Sec. 21, Law on Domestic Adoption (RA 8552)

What must be attached to the petition?
A. Birth, baptismal or foundling certificate, as the case
may be, and school records showing the name, age
and residence of the adoptee;
B. Affidavit of consent (BAILS);
C. Child study report on the adoptee and his biological
parents;
D. If alien, certification of legal capacity to adopt and his
country allows adoptee to enter his country;
E. Home study reports on the adopter; and
F. Decree of annulment, nullity or legal separation of
adopter, if any.
If the petition is sufficient in form and
substance, what shall the court do?

- issue order of
hearing

Sec. 12
 What shall the order contain?
a. Registered name of adoptee
b. Purpose of petition
c. Complete name which adoptee will use if petition is
granted
d. Date and place of hearing
-within 6 months from issuance of order
- published 1x3 where court sits
- if with application for change of name, not within 4
months after last publication nor within 30 days from
election
e. Submit reports
f. Conduct counselling sessions
When is notice of order of hearing necessary
to be furnished to Solicitor General?
- petition for change of name of adoptee is
prayed for
 After publication of order of hearing, whats
next?
- The court shall proceed to hear the petition
- Petitioner and adoptee must personally appear
before the court
- Court shall verify from social worker whether
biological parent has been properly counseled

Sec. 14
 After hearing whats next?
Supervised trial custody
- At least 6 months
- Court may motu proprio or upon motion of any
party, reduce or exempt the parties
- Alien, must complete 6 months trial custody XP
FLR
- Submit report within 2 weeks after termination

Sec. 15
If the supervised trial custody is satisfactory,
whats next?

- Court shall issue decree of adoption

Sec. 16
Q: What happens if the petitioner dies during
the pendency of the adoption proceedings?
A: The proceeding shall continue and if granted,
the decree shall take effect as of the date the
original petition is filed.
Q: What happens if the adoptee dies during the
pendency of the adoption proceedings?
A: The proceeding shall be dismissed because the
legal personality and judicial capacity of the
adoptee has already extinguished.
 What are the contents of the decree?

The decree shall state the name by which the child is to be

known and registered
The decree shall order:
- Clerk to issue certificate of finality after lapse of 15 days
- Adopter to submit the decree and certificate 30 days from
receipt of the certificate to Civil Registrar where adoptee
originally registered
- Civil registrar will annotate the decree on original certificate
of birth of adoptee within 30 days from receipt of certificate
of finality
- Issue new certificate of birth without annotation
- Seal original birth certificate
- Submit to court proof of compliance
Q: Will the adoptee bear the surname of
the adopter?
A: Yes. It is a natural and necessary
consequence of a grant of adoption.

Q: Can the adopter change the first/given

name of the adoptee?
A: No. The adoptees first name must remain
as it was originally registered in the civil
register. If change in name is desired, this can
only be done under Rule 103.
Q: May an illegitimate child, upon
adoption by her natural father, use
the surname of her natural mother as
her middle
A: Yes. name?
Since there is no law prohibiting such,
the Court finds no reason why it should not be
allowed.

Stephanie Nathy Garcia v. Catindig, G.R. No. 148311

 NOTE:

- The proceedings and records are

confidential
XPN: Disclosure of information if necessary
for security purposes or for purposes
connected with adoption

Sec. 18
 RESCISSION OF ADOPTION
Who may file?
- The adoptee at least18 y/o
- Or with assistance of DSWD
- If still a minor or over 18 y/o but incapacitated,
guardian
What or counsel
grounds?
1. Repeated physical or verbal maltreatment ;
2. attempt on the life of adoptee;
3. Sexual assault or violence; or
4. Abandonment or failure to comply with parental
obligations
 RESCISSION OF ADOPTION
Where to file?
- Family court of the city or municipality of the city
or province where the adoptee resides
When to file?
- If incapacitated, within 5 years after he reaches
age of majority
- Incompetent at time of adoption, 5 years after
recovery from incompetency
 RESCISSION OF ADOPTION
What is the effect of rescission?
1. If adoptee is still a minor, parental authority of biological
parents is restored
2. Reciprocal rights and obligations of adopter and adoptee
extinguished
3. Succession rights revert to their status prior to adoption,
as of the date of judgment, BUT vested rights acquired
prior to rescission is respected
4. Court shall order the Registrar where the adoption decree
was registered to cancel the new birth certificate and
reinstate the original
Q: Is there financial qualification in
adoption?
A: Yes. Since the primary consideration in
adoption is the best interest of the child, it
follows that the financial capacity of
prospective parents should also be carefully
evaluated and considered.

Landingin v. Republic, G.R. No. 164948

 Q: May a person of legal age be
adopted?
A: Yes. A person of legal age regardless of civil
status, if prior to the adoption, said person has
been consistently considered and treated by
the adopters as their own child since minority.

Section 5 (4), Rule on Adoption

 1. 2. 3.
Filing of Petition for Order of hearing Publication of order of
Adoption hearing
5.
Verify identity and 4.
6.
name of child and Preparation and
Hearing
establish that child is submission of child
legally available for and home study report
adoption
7.
Supervised trial 8. 9.
custody Report on trial custody Decree of Adoption
12.
Annotate decree on 11.
childs original birth 10.
Submit decree and
cert; Issuance of birth Issuance of certificate
certificate to Civil
cert without of finality
Registry
annotation; seal
original birth cert;
submission of proof of