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(1)
(2)

unless EXEMPTED 1. Legal capacity (A5) 2. Consent

Obl. (A68)

MARRIAGE

I. ESSENTIAL Requisites (A2)

*Parties:

RIGHTS (A69;73)

ABSENCE

DEFECT VOIDABLE (A45-47)

VOID [A35(1-6);36,37,38,44,53]

1. Authority of S.O.

[A7;10;35(2), LGC’ 91]

II. FORMAL Requisites (A3)

a) 18 < 21 (A14) b) 21 < 25 (A15) c) 18 < 25 (A16)

d) prior marriage (A13) e) foreigners

2. ML,

3. MC (6; 8)

1) stateless

2) refugee (A 21)

Solemnized outside RP [A26 (1&2)] Exceptions: [A35(1,4,5,6); 36; 37; 38] Molina Doctrine (2/13/1997) (A40; 41-43) (A48-54) VALID (A9; 11-12; 17-20) IRREGULARITY (A 27-34)

(3)

LEGAL SEPARATION

Grounds for Petition for LS (A55)

Grounds for Denial of Petition for LS (A56)

Action for LS (A57-60) Effects of LS Decree (A63-64) Effects of filing Petition for LS

(A61) Reconciliation (A65) EFFECTS (A66)

EXCEPTION (A66) EXCEPTION TO THE EXCEPTION (A67)

(4)

PROPERTY

RELATIONS

BETWEEN

HUSBAND &

WIFE

(5)

1. MS 2. FC

3. Loc. Customs

VALID if: (Art. 77)

Phil. Laws

Exceptions: (Art. 80) • H&W aliens

• Properties outside RP

VOID if: No marriage

1. In writing 2. Signed by parties 3. Executed before marriage Exception: (Art. 81) stipulations do not depend upon celebration of

marriage Binding vs 3rd parties if:

1. Registered w/proper LCR/RD

(6)

2. in consideration of

I

. No donation by future spouses to each

other > 1/5 of their present property if property regime is NOT ACP

(Art. 84); any excess VOID 1. made before the

3. in favor of 1 or both of the future spouses

DONATIONS

PROPTER

NUPTIAS (Art. 82)

marriag e

(7)

formalities of wills

Donee ENTITLED to excess

donee NOT liable for deficiency

FORECLOSURE SALE

II

. Property donated subject to

encumbrances

1. Proceeds < amt. of obl. 2. proceeds > amt. of obl.

III

. Donations of future prop.

> testate succession

(8)

VOID

EXCEPTION: (Art. 87)

moderate gifts on occasion of family rejoicing

1

. Between H&W

2

. NO donation BY either spouse W/O

consent of the other of ACP/CPG property

DONATIONS DURING

MARRIAGE

EXCEPTION: (Art. 98/125)

moderate donations for charity/ occasions of family rejoicing or family distress

(9)

I

.

MARRIAGE

II

. Legal separation, donee guilty party

REVOCATION OF DONATION

PROPTER NUPTIAS

1. not celebrated 2. Judicially declared void 3. w/o parental/guardian consent 4. Annulled, donee in BF

III

. Resolutory condition complied

IV

. Ingratitude of donee

(10)

PROPERTY REGIME OF

VALID MARRIAGES

ACP

CPG

Separate Prop.

Regime I. Commence at precise moment of

marriage

II. No waiver of rights, interest, shares & effects during marriage

III. Property acquired DURING marriage PRESUMED ACP/CPG unless proved to be EXCLUDED (Art. 93/116)

EXCEPTION: judicial separation of prop. or marriage dissolved/annulled

a) waiver in public instrument b) recorded in LCR/RD

(11)

1

. Co-ownership (Art. 90)

2

. All properties at the time of marriage

& acquired thereafter (Art. 91)

ABSOLUTE COMMUNITY

PROPERTY

3

. Property EXCLUDED: (Art. 92)

(2). personal & exclusive use (1). acquired gratuitously

(3). acquired before marriage by either spouse w/ leg. descendants by a

former marriage EXCEPT: jewelries

(12)

1

. Contract of partnership (Art. 108)

2

. Proceeds, products, fruits & income of

H&W’s separate prop. placed in a

COMMON FUND; net gains ÷ equally between H&W upon dissolution of marriage (Art. 106)

CONJUGAL PARTNERSHIP

OF GAINS

(2). acquired by gratuitous title

(1). brought to the marriage as own prop. (3). bought by exclusive money of H OR W

(4). acquired by right of redemption, barter or exchange w/ prop. of H OR W

(13)

SOLIDARY

current market value of separate prop.

1. Agreed by H&W in MS

SEPARATION OF PROPERTY

REGIME

2. Present or future prop.; total or partial; prop. not separate belong to ACP

(Art. 144)

3. Each spouse own, dispose of, possess, administer, enjoy, HIS/HER prop. W/O

consent of other spouse; to each spouse belongs all earnings (Art. 145)

4. BOTH bear family expenses in proportion to their income; insufficient

(14)

PROPERTY REGIMES OF

UNIONS WITHOUT MARRIAGE

CO-OWNERSHIP

Art. 148

Art. 147

Man & woman living

together as H&W, one/both w/legal impediment to

contract marriage Man & woman capacitated

to marry each other, live exclusively w/ each other as H&W, W/O marriage or under a void marriage

EQUAL SHARES even if 1 party’s efforts consisted in the care of

family/household

ACTUAL JOINT

CONTRIBUTION of money, property or industry in the acquisition of properties

(15)

1. Support of H&W, common children & leg. children of either spouse

2. Debts. w/c redounded to the benefit of the family

OBLIGATIONS OF ACP/CPG

(ART. 94/121)

3. Expenses for education of either spouse 4. Taxes, expenses for preservation of

common property/separate prop. used by family

* Winnings/losses from games of chance/gambling

(16)

disposition VOID sole

administration by the other spouse w/c does NOT include powers of disposition or

encumbrance W/O:

recourse by wife to the court w/n 5 years from the date of the contract

implementing such decision (Art. 96/124) 1. Belongs to BOTH spouses jointly

ADMINISTRATION OF

ACP/CPG

NO “a” or “b”

b). Written consent of other spouse a). authority of the court

2. Incapacity of one spouse

DISAGREEMENT H’s decision subject to

(17)

ACP/CPG

liquidated in estate proceedings; judicial or extra-judicial liquidation w/n 1 year from

death of spouse

TERMINATION OF ACP/CPG

(ART. 99/126)

2. Decree of legal separation * NO LIQUIDATION

1. Death of either spouse

b). mandatory regime of COMPLETE SEPARATION OF PROPERTY of

subsequent marriage (Art. 103/130) a). disposition/encumbrance VOID

3. Marriage annulled or declared void

4. Judicial separation of property during the marriage under Arts. 134-138

(18)

best interest of the children spouses w/whom majority of the children remain; children < 7 years old

delivered to spouses

separate prop. of spouses

LIQUIDATION OF ACP/CPG

(ART. 102/129)

2. Debts/obl. paid out of assets of ACP/CPG; if insufficient

1. Inventory of properties w/c are ACP/CPG and exclusive prop.

3. Balance from exclusive prop

4. Net assets of ACP/CPG ÷ equally bet. spouses 5. Presumptive legitimes delivered to common

children

EXCEPTION: Court finds compelling reasons 6. Conjugal dwelling & lot

MOTHER

(19)

court petition for receiversip,

judicial separation of prop, authority to be sole administrator (Art. 101)

separate prop. of both spouses SOLIDARILY LIABLE for support of family

Judicial authorization in a summary proceeding

NO support

SEPARATION DE FACTO BET H&W

2. Consent of 1 spouse to any transaction required by law

1. Spouse who leaves conjugal home W/O JUST CAUSE

3. Absence of sufficient ACP/CPG assets

4. Spouse W/O JUST CAUSE abandons the other

shall NOT AFFECT ACP/CPG (Art. 100/127)

(20)

court

shall appoint SUITABLE person as

administrator

1. becomes guardian of the other

2. judicially declared an absentee

Administration of Exclusive

Property Transferred to ONE

SPOUSE if ONE SPOUSE: (Art. 142)

3. sentenced to penalty of civil

interdiction

4. becomes fugitive from justice/is in

hiding as an accused in crim. case

* SPOUSE NOT QUALIFIED

(21)

SEPARATION OF PROPERTY OF

SPOUSES DURING MARRIAGE

Gen. Rule: ONLY by JUDICIAL ORDER

VOLUNTARY DISSOLUTION (Arts. 136-140) SUFFICIENT CAUSES: (Art. 135) Joint Petition of Spouses for Revival of FORMER Prop. Regime Art. 134

1. penalty with civil interdiction 2. spouse judicially declared absentee 3. judicial decree of loss of P.A. 4. abandonment/failure to comply with family obl.

5. adm. spouse abused power

6. de facto separation of H&W for at least 1 year & reconciliation highly improbable

1. verified petition filed by spouses; creditors notified & protected 2. ACP/CPG liquidated; complete separation of prop. applicable 3. judicial decree of separation of prop. recorded in LCR/RD * NO voluntary separation of prop may thereafter be granted (Art. 141)

(22)

FAMILY

(23)

Art. 150. FAMILY RELATIONS

1.Between husband and wife

2. Between parents and children

(24)

Art. 150. FAMILY RELATIONS

5. No suit between members of the

same family shall prosper UNLESS

earnest efforts to COMPROMISE

has failed (Art. 151)

4. Among brothers & sisters, whether

of full or half-blood

(25)

Art. 152/153.

FAMILY HOME

1. Constituted by h/wife/unmarried head of the family; from the time occupied as

family residence; only 1 FH (A161);

continue as such FH despite death of

spouses or unmarried head of the family for 10 yrs/as long as there is a minor

(26)

2. BENEFICIARIES of FH

b. Parents, ascendants, descendants

brothers/sisters, legitimate or ill., living in the FH & dependent upon head of the family for legal support

a. H&W or an unmarried head of the family

(27)

b. Debts incurred prior to constitution of FH

3. EXEMPT from execution, forced sale,

or attachment EXCEPT: (A155)

d. Debts due to laborers, mechanics, architects, builders, etc. who

rendered service/materials for construction of the building

a. Non-payment of taxes

c. Debts secured by mortgages on the premises before/after

(28)

4. ACTUAL VALUE of FH - P300T in urban areas; P200T in rural areas or such

amounts as may hereafter be fixed by law (Art. 157)

5. May be sold, alienated, donated,

assigned or encumbered w/ the written consent of the person constituting the FH, the latter’s spouse & majority of

the beneficiaries of legal age; in case

(29)

Judgment in favor of creditor not one of those in Art. 155 and FH worth > than Art. 157 execution - lowest bid as provided in Art. 157 and

applied in said Art. 157, then to

liabilities under the judgment and costs; EXCESS - judgment debtor (Art. 160)

(30)

medical

attendance,

Art. 194. SUPPORT

Comprises everything

indispensable for

and

transportation,

education

clothing,

dwelling,

sustenance,

in keeping

with the financial capacity of

the family. (Art. 194)

(31)

THE FOLLOWING ARE OBLIGED TO

SUPPORT EACH OTHER (Art. 195)

5. Legitimate brothers and sisters,

whether of full or half-blood

4. Parents & their ill. children &

the legitimate/illegitimate

children of the latter

3. Parents & their leg. children &

the leg./ill. children of the latter

2. Leg. ascendants & descendants

1. The spouses

(32)

Art. 199. 2 OR MORE PERSONS ARE

OBLIGED TO GIVE SUPPORT,

LIABILITY IS IN THE FF. ORDER:

1. The spouse

2. Descendants in the nearest degree

3. Ascendants in the nearest degree 4. Brothers and sisters

** paying allowance fixed or maintaining person to be supported in the family

dwelling, except in case of moral or legal obstacle (Art. 204).

* support shall be in proportion to the resources or means of the giver & to the necessities of the recipient (A201)

(33)

PARENTAL AUTHORITY

1. Parental authority/responsibility

may NOT be renounced/transferred, except in cases authorized by law (Art. 210)

2. F AND M jointly exercise parental authority over common children;

DISAGREEMENT - father’s decision, unless there is judicial order to the contrary. (Art. 211)

*CHILDREN - respect, reverence, obedience to parents

(34)

3. a. absence/death of 1 parent - present

parent; remarriage of 1 parent does not affect parental authority, unless court appoints guardian over person/property of children (Art. 212)

b. separation of parents - parent designated by the court; child

< 7 mother, unless court finds compelling reason (Art. 213)

(35)

c. In default of parents or a judicially appointed guardian… (Art. 216)

(3) child’s actual custodian, >21 yrs. of age

(2) oldest brother/sister >21 years of age

(36)

4. *No descendant shall be compelled , in a criminal case to testify against his

parents and grandparents, except when such testimony is INDISPENSABLE in a crime against the descendant or by one parent against the other (Art. 215)

(37)

Art. 217. Parental Authority over

foundlings,

or

abused children

abandoned,

neglected

ORPHANAGE

heads of

children’s homes, orphanages &

similar institutions accredited by the

proper government agency

(38)

or individual/institution engaged in child care; while minor child under their supervision or custody; principally & solidarily liable for

damages caused by acts of minor;

parents/substitute parents subsidiarily liable.

Art. 218. Special Parental Authority

and teachers School, its administrators

(39)

civilly liable for damages caused by minors/

unemancipated children living in their company & under their parental

authority, subject to defenses provided by law

*Art. 221. – Parents/persons exercising parental authority

(40)

Art. 223. – Parents or those exercising parental authority may petition the

COURT for an order providing for

disciplinary measures over the child

may include commitment of the

child for not >30 days in accredited children’s homes.

(41)

Art. 225. F and M exercise legal

guardianship over property of common child; disagreement F’s decision, unless judicial order to the contrary; market value of minor’s prop. > P 50K

BOND as the court may determine but NOT < 10% of the value of

(42)

PARENTAL AUTHORITY TERMINATES

PERMANENTLY UPON: (Art. 228)

1. the death of parents

Unless subsequently revived by a final judgment (Art. 229)

2. the death of the child

3. emancipation of the child 4. adoption of the child

5. appointment of general guardian

6. judicial decree of abandonment

7. final judgment of a

competent court divesting parental authority

8. judicial declaration of

absence/incapacity of person exercising parental authority

(43)

b. gives the child corrupting orders, counsel or example

c. compels the child to beg

1. Conviction of a crime with the penalty of civil interdiction (Art. 230)

SUSPENSION OF PARENTAL AUTHORITY

P. A. automatically reinstated upon service of penalty/upon pardon or amnesty of

offender (Art. 230)

P. A. reinstated if the court finds that the cause has ceased & will NOT be repeated (Art. 231)

P. A. shall be permanently deprived by the court (Art. 232)

2. Court action, if parent: (Art. 231)

d. subjects the child or allows him to be subjected to acts of lasciviousness

a. treats the child w/ excessive harshness or cruelty

(44)

PATERNITY

AND

(45)

FILIATION

Inter-Country Adoption

Act of 1995 (6/7/95)

May be by NATURE

Domestic Adoption Act

of 1998 (2/25/98)

(46)

LEGITIMATE CHILDREN

A. Are those: (Art. 164)

1. Conceived or born during marriage 2. Conceived by artificial insemination

a. authorized by BOTH spouses b. in a written instrument

c. signed by BOTH spouses before birth of child

d. recorded in the LCR together w/ birth certificate

3. Whose mother may have declared against the legitimacy/may have been sentenced an adulteress (Art. 167)

(47)

B. shall have the RIGHT TO: (Art. 174) 1. Bear surnames of F and M

rights

C. FILIATION IS ESTABLISHED BY: (Art. 172) 2. Receive support from their parents,

ascendants, brothers/sisters 3. Legitime/successional rights

1. Record of birth appearing in the civil register or a final judgment

2. An admission in a public document or a private hand-written instrument signed by the concerned parent

In their absence, legitimate filiation shall be proved by:

(1) Open & continuous possession of the status of a legitimate child

(2) Any other means allowed by the Rules of Court & special laws.

(48)

D. ACTION TO CLAIM LEGITIMACY

may be brought by: (Art. 173)

1. Child - during his/her lifetime;

action commenced by child shall

survive notwithstanding the death

of either or both of the parties

2. Heirs of the child - should the

child die during minority or in a

state of insanity; within a period

of 5 years

(49)

(a) physical incapacity of husband to have sexual intercourse with his wife

1. Physical impossibility for the husband to have sexual intercourse w/ his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of:

E. LEGITIMACY of a child may be IMPUGNED only on the ff. GROUNDS: (Art. 166)

2. Biological or other scientific reasons that the child could not have been that of the husband

(c) serious illness of the husband, which absolutely prevented sexual intercourse (b) fact that h&w were living separately that

sexual intercourse was NOT possible OR

3. In case of artificial insemination, the written authorization or ratification of either parent

was obtained through mistake, fraud, violence, intimidation or undue influence

(50)

WHO MAY IMPUGN LEGITIMACY

OF CHILD?

GEN. RULE: Husband EXCEPTION:

Heirs of the husband (Art. 171)

1. If the husband should die before the expiration of the period fixed for

bringing his action

2. If H should die after filing of the complaint, w/o having desisted therefrom

3. If the child was born after death of husband (Art. 171)

(51)

PERIOD TO IMPUGN LEGITIMACY (Art. 170)

1. One (1) yr. from the knowledge of the birth or its recording in the Civil Register, if

H/heirs reside in the city or municipality where the birth took place or was

recorded

2. If H/heirs do not reside at the place of

birth/where it was recorded - period shall be 2 years if they reside in the Phil; 3 yrs., if abroad

3. If birth has been concealed/unknown to the H/heirs – period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, WHICHEVER IS EARLIER.

(52)

ILLEGITIMATE CHILDREN

A. are those: (Art. 165)

1. Conceived and born outside a valid marriage

B. shall have the RIGHT: (Art. 176)

1. Use the surname; be under the parental authority of their mother

2. Entitled to support in conformity w/ the Civil Code

3. Entitled to legitime w/c is 1/2 the legitime of a legitimate child

C. FILIATION IS ESTABLISHED by the

same evidence as in Art. 172 & w/n the same period as in Art. 173 except when based on

2nd par. of Art. 172 in w/c case the action may

be brought only DURING THE LIFETIME of the alleged PARENT

(53)

LEGITIMATED CHILDREN

A. are those: (Arts. 177/178)

1. Conceived and born outside of wedlock of parents who at the time of conception have no legal impediment to marry each other & whose parents subsequently married each other.

B. shall have the SAME rights as legitimate children (Art. 179)

C. Legitimation retroacts to the time of the child’s birth (Art. 180)

1. Legitimation of children who died before the celebration of the marriage benefits their

descendants. (Art. 181)

2. May be impugned only by those who are prejudiced in their rights, w/n FIVE (5) yrs. from the time their cause of action accrues. (Art. 182)

(54)

RULES IF 1st MARRIAGE TERMINATED

AND MOTHER CONTRACTED A

SUBSEQUENT MARRIAGE (Art. 168)

1. A child born before 180 days after the solemnization of the subsequent

marriage is considered to have been conceived during the 1st marriage,

provided it be born w/n 300 days after the termination of the 1st marriage.

2. A child born after 180 days after the solemnization of the subsequent

marriage is considered to have been conceived during such marriage, even though it be born w/n the 300 days

after the termination of the 1st marriage.

(55)
(56)

Domestic Adoption Act of 1998

R.A. 8552 (2/25/98)

Inter-Country Adoption Act of 1995

R.A. 8043 (6/7/95)

(57)

WHO MAY ADOPT?

a. of legal age

b. with full civil capacity and legal rights

c. of good moral character

d. not convicted of a crime involving moral turpitude

e. emotionally and psychologically capable of caring for children

f. in a position to support and care for his children in keeping with the means of the family

g. at least 16 years older than adoptee 1. Any Filipino citizen

a. Adopter is the biological parent of adoptee OR

b. Adopter is the spouse of the adoptee’s parent

> 16-year-gap between adopter and adoptee may be waived if:

(58)

2. Any alien

a. with the same qualifications above-stated b. whose country has diplomatic relations

with RP

c. living in the RP for at least 3 continuous years prior to filing petition for adoption until adoption decree is entered

d. certified by his diplomatic/consular office to have legal capacity to adopt in his

country

e. whose government allows the adoptee to enter his country as his adopted child

3. The guardian w/ respect to the ward after the termination of the guardianship and

(59)

1. a former Filipino citizen who seeks to adopt a relative within the 4th

degree of consanguinity or affinity 2. one who seeks to adopt the

legitimate child of his Filipino spouse

3. one who is married to a Filipino

citizen, seeking to adopt jointly with his spouse a relative within the 4th

degree of consanguinity or affinity of the Filipino spouse

> Residency and Certification of

alien’s qualification to adopt in

his country may be waived for:

(60)

1. if one spouse seeks to adopt the leg. child of the other spouse OR 2. if one spouse seeks to adopt his

own illegitimate child, provided, that the other spouse has signified his

consent thereto OR

3. if the spouses are legally separated from each other.

Husband and wife shall JOINTLY

ADOPT EXCEPT:

(61)

6. A child whose biological/adoptive parents have died, provided, that no proceedings shall be initiated w/n 6 months from the time of death of said parent

WHO MAY BE ADOPTED?

1. Any person below 18 yrs. who has been adm./judicially declared

available for adoption

2. Leg. son/daughter of one spouse by the other spouse

3. Ill. son/daughter by a qualified adopter to improve his/her status to that of legitimacy 4. A person of legal age if, prior to the

adoption, said person has been consistently considered and treated by the adopter as his/her own child since minority

5. A child whose adoption has been previously rescinded

(62)

WHOSE CONSENT IS NECESSARY

TO THE ADOPTION?

3. Legitimate & adopted children, 10 yrs or over, of the adopter(s) & adoptee, if any

4. Illegitimate children, 10 yrs or over of the adopter, if living w/ said adopter & the

latter’s spouse, if any

5. Spouse, if any, of the person adopting or to be adopted

1. The adoptee, if 10 years or over

2. Biological parents of the child, if known, or legal guardian or

the proper govt. instrumentality

(63)

WHERE TO

FILE PETITION?

Family Court of the

province or city where

the prospective adoptive

parents reside

PUBLICATION:

Once a week for 3 successive

weeks in a newspaper of

general circulation in the

province/city where court is

situated

(64)

Child and Home Study

Reports

to be conducted by DSWD

licensed social worker on the

adoptee, biological parent(s)

and adopter(s)

to be submitted together with

findings and recommendations

to the court hearing the

(65)

Supervised Trial Custody

• 6-month-period for adoptee and

adopter(s) to adjust psychologically and emotionally to each other

• to establish a bonding relationship

• temporary parental authority vested in the adopter(s)

• Court may reduce trial custody period, if it is in the best interest of the child

alien adopter(s) 6-month trial custody period

MUST be completed, unless alien adopter falls under Sec. 7(b).

(66)

Adoption Decree

effective as of the date the

original petition was filed

amended birth certificate of

adoptee to be issued by LCR;

original birth certificate

“CANCELLED”

(67)

EFFECTS OF ADOPTION:

1. Except where biological parent is the spouse of the adopter, all legal ties between biological

parent(s) and adoptee shall be severed and parental authority shall be vested on the adopter(s).

2. Adoptee shall be considered the legitimate

child of the adopter(s) entitled to all the rights and obligations provided by law to legitimate children, w/o discrimination of any kind;

adoptee entitled to love, guidance and support in keeping with the means of the family

3. In legal and intestate succession, adopter(s) and adoptee shall have reciprocal rights of

succession, without distinction from legitimate filiation. Law on testamentary succession shall govern if adoptee and his biological parent(s) left a will.

(68)

RESCISSION OF

ADOPTION

Who may petition rescission of

adoption?

Adoptee, with the assistance

of DSWD if a minor or if over

18 but is incapacitated, as

(69)

1.repeated physical and verbal

maltreatment by the adopter(s)

despite counselling

GROUNDS FOR RESCISSION

OF ADOPTION

Adopter may disinherit

adoptee for causes provided

under Art. 919 NCC

2. attempt on the life of adoptee

3. sexual assault or violence

4. abandonment and failure to

(70)

EFFECTS OF RESCISSION OF

ADOPTION

1. Parental authority of adoptee’s biological parent(s) or legal custody of DSWD, if

adoptee is still a minor or incapacitated, shall be RESTORED.

2. Reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be EXTINGUISHED.

3. Court shall order LCR to CANCEL amended birth certificate and RESTORE original birth certificate of the adoptee.

4. Successional rights shall REVERT to its status prior to the adoption as of the date of judicial rescission. Vested rights

acquired prior to judicial rescission shall be respected.

(71)

INTER-COUNTRY ADOPTION

ACT (R.A. 8043)

socio-legal process of adopting a

Filipino child by a foreigner or by a

Filipino citizen permanently

residing abroad where the petition

is filed, supervised trial custody is

undertaken and the decree of

adoption is issued OUTSIDE the

Philippines

(72)

INTER-COUNTRY ADOPTION BOARD

central authority in matters relating

to inter-country adoption

DSWD Secretary (ex officio chair)

1 – psychiatrist/psychologist

2 – lawyers (w/qualifications

as RTC judge)

1 – registered social worker

2 – representatives from NGOs

engaged in child-caring and

placement activities

(73)

WHO MAY BE ADOPTED?

Legally free child voluntarily or involuntarily committed to the DSWD

WHO MAY ADOPT?

Foreigner or Filipino citizen permanently residing abroad

1. at least 27 years old

2. at least 16 years older than adoptee at the time of the application, EXCEPT if adopter is

a. natural parent of adoptee OR b. Spouse of such parent

3. if married, spouse must jointly adopt

4. capacitated to act and assume all rights and responsibilities of parental authority under his national laws and has undergone

(74)

5. not convicted of a crime involving moral turpitude

6. eligible to adopt under his national law

7. is in a position to provide the proper care and support to give the necessary moral values and example to all his children, including the child to be adopted

8. agrees to uphold the basic rights of the child as embodied under Phil. laws, the UN Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act

9. whose country has diplomatic relations with RP; whose government maintains a similarly

authorized and accredited agency and allows adoption under his national laws

10.possesses all the qualifications and none of the disqualifications under this Act and in other

(75)

WHERE TO FILE

APPLICATION?

RTC of the RP having

jurisdiction over the child OR

with the Board, through an

intermediate agency, whether

governmental or an

authorized/accredited agency,

in the country of the

(76)

ATTACHMENTS TO THE APPLICATION

(written in English)

1. Birth certificate of applicant(s)

2. Marriage contract, if married and divorce decree, if applicable

3. Written consent of their biological or adopted children > 10 years of age, in the form of sworn statement

4. Physical, medical and psychological evaluation by a duly licensed physician and psychologist

5. Income tax returns or any document showing the financial capability of the applicant(s)

6. Police clearance of applicant(s)

7. Character reference from the local

church/minister, the applicant’s employer and a member of the immediate community who have known the applicant(s) for at least five (5) years 8. Recent post-card size pictures of the applicant(s)

(77)

FAMILY SELECTION/MATCHING

No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally.

Adoptive parents, or any one of them, shall

personally fetch the child in the Phil.

PRE-ADOPTIVE PLACEMENT COSTS

1. Cost of bringing child from RP to the residence of the applicant(s) abroad

including all travel expenses w/n the Phil. and abroad

2. Cost of passport, visa, medical examination and psychological evaluation required and other related expenses

(78)

SUPERVISED TRIAL CUSTODY

six (6) months from the time of placement by the government

agency or the authorized/accredited agency in the country of the

adoptive parents

After lapse of the 6-month trial

custody, decree of adoption shall be issued in the said country, copy

furnished the Board to form part of the records of the child

References

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