Revocation of Adoption

For the first time in my many years as a lawyer, a client asked me recently if it is possible to revoke an adoption.

My answer of course was it is possible.

Why? Because, as I explained to the client, our laws clearly allow its revocation.

But while it is so allowed, I pointed out that there are certain limitations that needs to be borne in mind.

For instance, adoption, being in the best interests of the child, cannot be revoked by the adopter.

By law, it is only the adoptee who can revoke it.

Another limitation is that the adoptee cannot simply revoke the adoption for whatever reason that may come to mind.

Why? Because it has to be based on any of the following grounds committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or,

4) abandonment or failure to comply with parental obligations.

Of course, in order to revoke an adoption, a petition for this purpose has to be filed in court within the prescribed period.

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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