Purpose of Adoption Adoption used to be for the benefit of the adoptor It was

Purpose of adoption adoption used to be for the

This preview shows page 30 - 32 out of 47 pages.

Purpose of Adoption Adoption used to be for the benefit of the adoptor. It was intended to afford persons who have no child of their own the consolation of having one by creating thru legal fiction the relation of paternity and filiation where none exists by blood relationship. Present tendency – more toward the promotion of - the welfare of the child, and - enhancement of his opportunities for a useful and happy life. Every intendment is sustained to promote that objective. Under the law now in force, having legitimate, legitimated, acknowledged natural children or children by legal fiction is no longer a ground for disqualification to adopt. Objectives of Rule on Adoption a. Best interests of child – paramount consideration in all matters relating to his care, custody and adoption. b. The state shall provide alternative protection and assistance thru foster care or adoption for every child who is foundling, neglected, orphaned, or abandoned. Who may adopt 1. Any FILIPINO - of legal age - in possession of full civil capacity and legal rights
Image of page 30
- of good moral character - has not been convicted of any crime involving moral turpitude - emotionally and psychologically capable of caring for children - at least 16 yrs. older than the adoptee * may be waived when adopter is biological parent of adoptee or is spouse of adoptee’s parent - in a position to support and care for his children in keeping with means of the family. 2. Any ALIEN possessing same qualifications, subject to certain conditions. HUSBAND AND WIFE MUST JOINTLY ADOPT EXCEPTIONS: a) if one spouse seeks to adopt legitimate child of the other; b) if one spouse seeks to adopt his own illegitimate child (provided the other spouses signified his consent thereto) c) if the spouses are legally separated from each other. In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint parental authority shall be exercised by the spouses. Whose consent necessary 1. biological parents of adoptee, if known *However, consent of biological parents, even if they are known, is not necessary if they have ABANDONED the child ( Lang vs. CA , 298 SCRA 128 [1998]). 2. adoptee, if 10 years of age or older 3. legitimate or adopted children of adopter or adoptee, if 10 years of age or older 4. illegitimate children of adopter, if living with him, if 10 years of age or older 5. spouse of adopter or adoptee Change of name In case petition also prays for change of name, title or caption must contain: 1. registered name of child 2. aliases of other names by which child has been known 3. full name by which child is to be known PUBLICATION JURISDICTIONAL Adoption is action in rem – involves the status of persons. Decree of Adoption If supervised trial custody SATISFACTORY and - court CONVINCED from trial custody report and evidence adduced that - adoption shall redound to BEST INTERESTS of adoptee - DECREE OF ADOPTION issued which shall take effect as of date original petition filed even if petitioners DIE before issuance Adoption strictly between adopter and adopted
Image of page 31
Image of page 32

You've reached the end of your free preview.

Want to read all 47 pages?

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes