Law Summary
Persons Prohibited from Adopting
- Married persons cannot adopt without written consent from their spouse.
- Guardians cannot adopt their wards prior to the final approval of guardianship accounts.
- Persons convicted of crimes involving moral turpitude are disqualified.
- Aliens disqualified by their own country’s laws or from countries with severed diplomatic relations with the Philippines cannot adopt.
- Aliens from countries without agencies for homestudy and post-placement services are barred from adopting.
Joint Adoption by Husband and Wife
- Husband and wife may jointly adopt a child, exercising parental authority as natural parents.
- If one spouse is an alien, both spouses must jointly adopt; unilateral adoption by one spouse is prohibited.
Required Consent for Adoption
- Written consent is necessary from:
- The adoptee if 14 years old or above.
- Natural parents or legal guardian after counseling and social services from the Ministry of Social Services and Development (MSSD) or licensed child-placement agency.
- The MSSD or licensed child-placement agency currently having legal custody of the child.
- Natural children (14 years or older) of the adopting parents.
Case Study Requirement
- Adoption petitions require a case study conducted by the MSSD covering the child, natural parents, and prospective adoptive parents.
- MSSD must submit a report and recommendations to the court.
- The MSSD has the authority to recommend denial of adoption based on study findings.
Trial Custody Period
- Final adoption approval requires a supervised trial custody of at least six months.
- Parental authority is vested in adopting parents during trial custody.
- The court may reduce or waive the trial custody period if deemed in the best interest of the child, with stated reasons.
- Alien adopters must complete the supervised trial custody to ensure the child’s adjustment, except as otherwise permitted.
Repeal of Inconsistent Laws
- All laws, orders, issuances, or rules inconsistent with these amendments are repealed or modified accordingly.
Effectivity
- These amendments take effect immediately upon issuance.