QuestionsQuestions (EXECUTIVE ORDER NO. 91)
Executive Order No. 91 amended specific adoption provisions of Presidential Decree (PD) No. 603 (Child and Youth Welfare Code) to institute safeguards protecting Filipino children who are put up for adoption.
Any person of age and in full possession of civil rights who is in a position to support and care for the child (legitimate, legitimated, acknowledged natural children, children by legal fiction, or illegitimate children) according to the family’s means, both material and otherwise.
The alien must reside in the Philippines for at least one year immediately preceding the filing of the petition, must reside in the Philippines for the duration of the supervised trial custody period, and must comply with rules issued by the Council for the Welfare of Children. These requirements may be reduced or dispensed with at the court’s discretion if the applicant/applicants and the child are related by blood or affinity.
The adopter must be at least fifteen (15) years older than the person to be adopted.
Among others: (1) a married person without the written consent of the spouse; (2) a guardian with respect to the ward prior to the final approval of the guardian’s accounts; (3) a person convicted of a crime involving moral turpitude; (4) an alien disqualified to adopt under the laws of his country or whose government has no diplomatic relations with the Philippines; (5) an alien whose government/place of residence abroad lacks an agency that can provide competent professional evaluation (homestudy) and post-placement services.
Yes. A married person may not adopt without the written consent of the spouse.
If one of the spouses is an alien, both husband and wife shall jointly adopt; otherwise (if the other spouse is not an alien and the condition is not met), the adoption shall not be allowed.
Yes. Husband and wife may jointly adopt; parental authority is exercised as if the child were their own by nature.
Written consent of: (1) the person to be adopted if 14 years of age or over; (2) the natural parents or the legal guardian after receiving counseling and appropriate social services; (3) the Ministry of Social Services and Development (or a duly licensed child-placement agency) with legal custody of the child; and (4) the adopting parents’ natural children aged 14 and above.
Fourteen (14) years of age or over.
Their consent is necessary only after they have received counseling and appropriate social services from the Ministry of Social Services and Development or from a duly licensed child-placement agency.
No petition may be granted unless the Ministry has conducted a case study of the child, the natural parents (or relevant parties), and the prospective adopting parents, and has submitted its report and recommendations to the court.
The Ministry shall inter-study and recommend whether the petition should be denied.
No petition is finally granted unless the adopting parents are given a supervised trial custody period of at least six (6) months to assess adjustment and emotional readiness; parental authority vests in the adopting parents during the trial custody.
The court may reduce or dispense with the period upon its own motion or on motion of the petitioner if it finds it is in the best interest of the child; the court must state its reasons.