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This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Section 23 of the Domestic Administrative Adoption and Alternative Child Care Act lists whose consent is required for adoption to be valid. The law mandates that certain individuals must give their written consent to ensure that the adoption is legally binding and that the rights of all parties involved are properly considered.
Mandatory laws such as the provision on the required written consent in adoption cases must be complied with. In our previous articles we have discussed that domestic adoption is possible, and that once a child or a person has been legally adopted, he or she is entitled to his hereditary rights. However, for adoption to take place, the required written consent(s) must first be secured.
Whose consent is necessary to the adoption?
Section 23 of Republic Act No. 11642 or the Domestic Administrative Adoption and Alternative Child Care Act lists whose consent is required for adoption:
Section 23. Whose Consent is Necessary to the Adoption. – After being properly counseled and informed of the right to give or withhold approval of the adoption, the written consent of the following to the adoption are hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parents of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child, except in the case of a Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated as their own child by the adopters for at least three (3) years;
(c) The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;
(d) The illegitimate children, ten (10) years of age or over, of the adopter if living with said adopter or over whom the adopter exercises parental authority and the latter’s spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
Provided, That children under ten (10) years of age shall be counseled and consulted, but shall not be required to execute within consent.
What is the significance of obtaining the consent of the adopter’s legitimate children, particularly those aged 10 or older, in the adoption process, and how does this consent impact the rights of both the adoptee and the adopter’s other children?
In Castro v. Gregorio (G.R. No. 188801, October 15, 2014), the Supreme Court held that the consent of the adopter’s other children is necessary as it ensures harmony among the prospective siblings. It also sufficiently puts the other children on notice that they will have to share their parent’s love and care, as well as their future legitimes, with another person.
The law could not be any clearer. The consent of the adopter’s legitimate children, who are, at least, of the age of 10, is required for the petition for adoption to prosper. Their interest is material as an adoption decree not only affects the rights of the adoptee vis-a-vis the adopter, but also the rights of the other
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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