Legal Question in Family Law in Philippines

We write to advise you of the basic procedure and requirements in legal adoption proceedings.

Legal adoption requires the filing of a petition by the adopter in the Regional Trial Court of the province or city where he resides. The petition shall contain the following allegations:

1. The jurisdictional facts;

2. The qualifications of the adopter;

3. That the adopter is not disqualified by law;

4. The name, age and residence of the person to be adopted and of his relatives or of the persons who have him under their care;

5. The probable value and character of the estate of the person to be adopted.

Likewise, the petition must be accompanied by the written consent of the following:

1. The person to be adopted, if ten (10) years of age or over;

2. The parents by nature of the child, the legal guardian, or the proper government instrumentality;

3. The legitimate and adopted children, ten (10) years of age or over, of the adopting parent or parents;

4. The illegitimate children, ten (10) years of age or over, of the adopting parent, if living with said parent and the latter�s spouse, if any; and

5. The spouse, if any, of the person adopting or to be adopted.

Also, the petition must be supported by a case study of the adopter and adoptee conducted by the Department of Social Welfare and Development. Furthermore, if the petition is found by the court to be sufficient in form and substance, the same shall be ordered published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province or city, at the petitioner�s expense. If, after hearing, the court finds that the adoption will be in the best interest of the person to be adopted, a decree of adoption will be issued, which shall be served by the clerk of court upon the civil registrar of the province or city where the court which issued the same is situated.

Legal adoption shall have the following effects:

1. For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adopters;

2. The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses; and

3. The adopted shall remain an intestate heir of his parents and other blood relatives.

For the handling of your adoption case, we are willing to discuss with you fee arrangements for services to be rendered. If you have any further question, please let me know at [email protected]. or phone me at +(63917)5850010./

Very truly yours,

Alberto N. Azarcon III

Attorney-at-law