Effects of Adoption

When a person adopts another, all legal ties between the biological parents and the adoptee will be cut and will then be transferred to the adopter.

Save of course when the biological parent is the spouse of the adopter.

Or when it is the biological parents who adopt their illegitimate children in order to raise their status to legitimate.

For all intents and purposes, the adoptee will be deemed the legitimate child of the adopters and as such is entitled to all the rights and obligations provided by law to legitimate children born to them without discrimination of any kind.

To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family.

The adopter and the adoptee will also acquire reciprocal rights and obligations arising from their parent and child relationship.

These of course include but certainly not limited to the right of the adopter to choose the name by which the adoptee is to be known and the right of both to inherit from each other.

 References:

  • Republic Act No. 8043 (The Inter-Country Adoption Act of 1995)
  • Amended (ICAB) Implementing Rules and Regulations on Inter-Country Adoption Act of 1995 (RA 8043) (2007)
  • Republic Act No. 8552 (Domestic Adoption Act of 1998)
  • (DSWD) Implementing Rules and Regulations of Republic Act No. 8552
  • Articles 142 to 155 of the P.D. 603 (The Child and Youth Welfare Code)
  • Articles 154, 155 and 156 of P.D. No. 603 (The Child and Youth Welfare Code)
  • (SC) Rule on Adoption (A.M. No. 02-6-02-SC) [Date of effectivity: August 22, 2002]
  • Republic Act No. 9523 (AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A “CHILD LEGALLY AVAILABLE FOR ADOPTION” AS A PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES) (2009)
  • Article 141, paragraph 4(a) and Article 142 of P.D. 603 (The Child and Youth Welfare Code)
  • Article 154 of P.D. 603 (The Child and Youth Welfare Code)
  • Implementing Rules and Regulations of Republic Act No. 9523 (2009)
  • (DSWD) Administrative Order No. 18, Series of 2005 (Turn-Around Period of Local and Intercountry Adoption)
  • Republic Act No. 8369 (Family Courts Act of 1997) and its Implementing Rules and Regulations
  • (SC) Rule on Commitment of a Child (April 15, 2002)
  • (DSWD) Memorandum Circular 22, Series of 2004 (Policy Paper on the De-Institutionalization of Children)
  • (DSWD) Administrative Order No. 12, Series of 2011 (Guidelines on the Issuance of DSWD Certification Declaring a Child Legally Available for Adoption)
  • Republic Act No. 10165 (Foster Care Act of 2012)
  • Section 233 of the Family Code of the Philippines (Executive Order No. 209, Series of 1986)
  • Implementing Rules and Regulations of Republic Act No. 10165, Otherwise Known as the Foster Care Act of 2012
  • Article 3 of D. 603 (The Child and Youth Welfare Code)
  • Section 35 (B) of the National Internal Revenue Code of 1997(NIRC)
  • Republic Act No. 9504
  • Section 30 of the NIRC as implemented by Revenue Regulation No. 13-98
  • Section 34(H) of the NIRC
  • Section 101 of the NIRC
  • A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)
  • Executive Order No. 209 (Family Code of the Philippines)
  • DSWD Memorandum Circular No. 07, Series of 2015 (Amended A.O. No. 11, Series of 2009, Omnibus Guidelines on the Domestic Adoption Process)
  • RA 10364
  • RA 9208
  • RA 7610
  • (DSWD) Administrative Order No. 11, Series of 2009 (Omnibus Guidelines on the Domestic Adoption Process)
  • OCA Circular No. 213-2017 (Approved Resolution No. 02-2017 of the Committee on Family Courts and Juvenile Concerns) (2017)
  • Republic Act No. 11222 (Simulated Birth Rectification Act)
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