FC

Date
ADOPTER

Qualifications
Age

August 3, 1988
Legal age, w/ full civil capacity & legal
rights

ADOPTION
RA 8043
INTER-COUNTRY ADOPTION ACT
June 7, 1995
Any alien/Filipino permanently residing
abroad

RA 8552
DOMESTIC ADOPTION ACT
Feb. 25, 1998
Any Filipino/alien/guardian w/ respect to
ward

18

27

18

Age Gap

16
UNLESS:
a. Parent by nature/biological parent
of the adopted
b. Spouse of legit parent

- do FC -

- do FC -

Aliens

NOT qualified UNLESS:

a. Former Filipino adopts relative
by consanguinity
b. Adopts legit. Child of Filipino
spouse
c. Adopts jointly with Filipino spouse

ADOPTED

1. Minors, except legal age who are:

a. Child by nature
b. Consistently treated as own child
during minority
2. Alien w/ diplomatic relations
3. Previously revoked/rescinded adopted
child

QUALIFIED
a. Fr. Cy w/ DIPLOMATIC relations
w/ RP
b. Adoption allowed in their
national law

Legally free child <15 y/o

QUALIFIED
a. w/ diplomatic relations
b. residency: 3 CONT. YRS. Before
filing &maintains residency until
decreed
- E:
1. Former Fil. adopts
relative w/in 4th degree
of consanguinity/
affinity
2. Adopts legit child of
Filipino spouse
3. Adopts jointly w/
Filipino spouse within
4th degree of C/A
1.
2.
3.
4.

<18, judicially declared available

Legit. Child of one spouse
Illegit. Child to improve legitimacy
Legal age, consistently treated as own
child during minority
5. Previously revoked/rescinded adopted
child

6. Child whose adoptive/biological parent

has died (provided, no proceedings
initiated w/in 6mos. From death)
JOINT ADOPTION
BY H&W
(joint parental
authority)
WRITTEN CONSENT

VENUE OF
APPLICATION

EXCEPT:
a. Own illegit.
b. Legit of the other

1.
2.
3.
4.
5.

Adoptee >10y/0
Biological parents/legal guardian
Legit & adopted children >10y/o
Illegit >10y/o living with adopter
Spouse of adopter/ee
FAMILY COURT (RTC)

MUST

EXCEPT:
a. Illegit of the other
b. Own illegit (with spouses consent)
c. LS

SWORN STATEMENT
Of biological/adopted children >10y/o

- do FC -

Family Court (RTC)

Inter-Country Adoption Board

- do FC -

Grounds for
RESCISSION

a. Repeated physical/verbal
maltreatment
b. Attempt on life
c. Sexual assault/violence
d. Abandonment & failure to comply
with parental obligations

Effects of
RESCISSION

a. Parental authority of biological

parents RESTORED
b. Reciprocal rights & obligations
between adopter/ee
EXTINGUISHED
c. CANCEL amended Birth Cert.
d. X Succession rights ONLY as of the
date of the judgment of judicial
rescission

TRIAL CUSTODY

6mos.
By governmental agency/ authorized &
accredited agency in the country of the
adopters w/c filed for inter-country
adoption

6mos.

DECREE OF
ADOPTION

After lapse of trial custody

As of the date the original petition was filed