Published — June 1, 2022
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 your own lawyer to address your legal concerns, if 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.
Read also: HEREDITARY RIGHTS OF AN ILLEGITIMATE CHILD
A minor may be legally adopted
An adopted child is considered a legitimate son or daughter of the adopter(s)
An adopted child may inherit both from his adopters and his biological parents
Married couple may want to entertain the idea of adopting a child for reasons that suit their circumstances, personalities, or desires among others. Please note that adopting a child is an option available not just to married couples but also to singles or solo parents.
The thought of adopting a child is seemingly engaging for someone who wants to add some purpose and joy in his life. However, before adopting, one must know that there are legal steps and legal consequences. Thus, it is always advisable for the person or couple desiring to adopt a child to seek the necessary legal advice from a lawyer or from the appropriate government institution.
Complying with the legal requirements is essential. Otherwise, the adoption may eventually be nullified.
In the case of Rosario Mata Castro and Joanne Benedicta Charissima M. Castro vs. Jose Maria Jed Lemuel Gregorio and Ana Maria Regina Gregorio, G.R. No. 188801, October 15, 2014, the legal adoption was nullified by the Supreme Court.
Here is why.
In this case, the biological father filed a Petition for Adoption involving his two alleged illegitimate children. The trial court approved the adoption on the ground that no opposition had been received by them from any person including the government which was represented by the Office of the Solicitor General.
Was the adoption filed by the biological father valid?
The Supreme Court says:
No.
The petitioner’s wife and their legitimate child who was ten (10) years of age and over at the time of the filing of the Petition for Adoption were not notified. The required consents of both the wife and their legitimate child were not obtained. Thus, they were not given a chance to oppose or agree with the filing of the Petition for Adoption.
Now, suppose the required consents of the petitioner’s wife and legitimate child were obtained that resulted to the validity of the adoption, what are the legal consequences of adoption?
The law says:
Once a child has been legally adopted, he is considered a legitimate child of the adopting parent(s) for all intents and purposes.
As such, the adoptee (adopted child) is entitled to all the rights and obligations provided by law to legitimate children.
Also, the adoptee is now under the parental authority of his adopting parent(s). This means that all legal ties between the biological parent(s) and the adoptee is severed. The adoptee cannot inherit by way of legal and intestate succession from his biological parents. They adoptee may only receive inheritance from his biological parents when he was instituted as one of their heirs.
Bear in mind that with or without a Will, the adoptee can inherit from his adoptive parent(s). This is because the law makes no distinction as to the rights of the adoptee with that of a legitimate child. In other words, an adoptee succeeds to the property of the adopting parent(s) in the same manner as a legitimate child.
But, since the adoptee is considered a legitimate child of the adoptive parent(s), he may also be disinherited on the same sufficient causes for disinheritance of children.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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