Title
Amendment to Adoption Provisions in PD 603
Law
Executive Order No. 91
Decision Date
Dec 17, 1986
An amendment to the Child and Youth Welfare Code establishes safeguards for Filipino children in adoption, including requirements for adopters, consent from various parties, case studies, and a supervised trial custody period.

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  • All laws, orders, issuances, or rules inconsistent with these amendments are repealed or modified accordingly.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.

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