Legal basis and amendatory coverage
- Section 1 amends Section 768 of Act No. 190 (Code of Civil Procedure).
- Section 2 repeals all acts or parts of acts inconsistent with Act No. 3977.
Core policy on adoption effects
- Section 1 provides that, by the adoption order, the natural parents are divested of all legal rights and obligations in respect of the child (subject to the proviso).
- Section 1 establishes that the adopted child is, for legal purposes, the child and legal heir of the person adopting him or her.
- Section 1 preserves inheritance consequences involving the adopted child’s property acquired from either parent by adoption, through a reservation mechanism for certain legitimate relatives.
Adoption order: general legal effects
- Section 1 provides that, by the adoption order, the natural parents are divested of all legal rights and obligations in respect of the child (except when the child is adopted under the provisions of the second preceding section).
- Section 1 states that the adopted child becomes free from all legal obligations of obedience and maintenance with respect to the natural parents covered by the rule.
- Section 1 declares that the adopted child is the legal heir of the adopting person “to all intents and purposes” and is entitled to rights and privileges of a child begotten in lawful wedlock.
- Section 1 provides that the adopted child is also subject to obligations and duties of such a child (with respect to the adopting person).
Reserved inheritance: property from adopted parents
- Section 1 provides that the adopted child still remains the legal heir of his real father and mother under the conditions of the proviso.
- Section 1 states that, in case of the death of the child without direct descendants, the father and mother and relatives by nature, and not by adoption remain his legal heirs.
- Section 1 creates a specific reservation rule: property inherited by the adopted child from either of his parents by adoption becomes the property of the legitimate relatives of the parents by adoption from whom it originally came.
- Section 1 provides that those legitimate relatives participate in the order established by the Civil Code for intestate estates.
Repeal and separability
- Section 2 repeals all acts or parts of acts inconsistent with Act No. 3977.
- Section 3 sets the Act’s effectivity as on approval.