Question & AnswerQ&A (Republic Act No. 8552)
Republic Act No. 8552 is known as the 'Domestic Adoption Act of 1998.'
The State ensures that every child remains under the care and custody of his/her parent(s) to provide love, care, understanding, and security for full and harmonious personality development; adoption by unrelated persons is considered only when no appropriate family placement is available.
A 'child' is defined as a person below eighteen (18) years of age.
Qualified adopters include Filipino citizens of legal age with full civil capacity, good moral character, emotionally and psychologically capable, at least sixteen (16) years older than the adoptee, and capable of supporting the child; certain aliens meeting residency and certification conditions; and guardians after termination of guardianship and clearance.
The written consent of the adoptee (if 10 years or older), the biological parent(s) or legal guardian or government agency with custody, legitimate and adopted sons/daughters (10 years or older) of the adopter(s) and adoptee, illegitimate sons/daughters living with the adopter and spouse, and the spouse of the adopter, if any.
It is a period of at least six (6) months where a social worker oversees the adjustment and emotional readiness of the adopter(s) and adoptee to establish their filial relationship, during which temporary parental authority is vested in the adopter(s).
Except when the adopter is the biological parent's spouse, all legal ties between the biological parent(s) and the adoptee are severed and parental authority is vested in the adopter(s).
The adoptee may petition for rescission due to repeated physical or verbal maltreatment despite counseling, attempts on the life of the adoptee, sexual assault or violence, or abandonment and failure to comply with parental obligations by the adopter(s).
The penalty is imprisonment from six (6) years and one (1) day to twelve (12) years, and/or a fine from Fifty thousand pesos (P50,000) to Two hundred thousand pesos (P200,000), at the court's discretion.
All adoption hearings are confidential and closed to the public; records and documents relating to adoption are also kept strictly confidential, with limited exceptions as ordered by the court for the best interest of the adoptee.