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Frequently Asked Questions
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LOCAL
ADOPTION
Qualifications
of Adoptive Parents
- Any Filipino citizen of legal age,
in possession of full civil capacity
and legal rights, of good moral character,
has not been convicted of any crime
involving moral turpitude, emotionally
and psychologically capable of caring
for children, at least sixteen (16)
years older than the adoptee, and who
is in a position to support and care
for his/her children in keeping with
the means of the family. The requirement
of sixteen (16) year difference between
the age of the adopter and adoptee may
be waived when the adopter is the biological
parent of the adoptee, or is the spouse
of the adoptee's parent;
- Any alien possessing the same qualifications
as above stated for Filipino nationals:
Provided, That his/her country has diplomatic
relations with the Republic of the Philippines,
that he/she has been living in the Philippines
for at least three (3) continuous years
prior to the filing of the application
for adoption and maintains such residence
until the adoption decree is entered,
that he/she has been certified by his/her
diplomatic or consular office or any
appropriate government agency that he/she
she has the legal capacity to adopt
in his/her country, and that his/her
government allows the adoptee to enter
his/her country as his/her adopted son/daughter:
Provided, Further, That the requirements
on residency and certification of the
alien's qualification to adopt in his/her
country may be waived for the following:
- a former Filipino citizen who
seeks to adopt a relative within
the fourth (4th) degree of consanguinity
or affinity; or
- one who seeks to adopt the legitimate
son/daughter of his/her Filipino
spouse; or
- one who is married to a Filipino
citizen and seeks to adopt jointly
with his/her spouse a relative within
the fourth (4th) degree of consanguinity
or affinity of the Filipino spouse;
or
- The guardian with respect to the ward
after the termination of the guardianship
and clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt,
except in the following cases:
- If one spouse seeks to adopt the
legitimate son/daughter of the other,
or
- If one spouse seeks to adopt his/her
own illegitimate son/daughter: Provide,
However, that the other spouse has
signified his/her consent thereto:
or
- If the spouses are legally separated
from each other.
In case husband and wife jointly adopt
or one spouse adopts the illegitimate
son/daughter of the other, joint parental
authority shall be exercised by the
spouses.
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