Question:

I have been married to someone for ten years, gone through rocky times and filed for annulment. Years after I find a new partner and legally enter into a new marriage. What is the procedure for adoption and change of name for my son in the first marriage.

Answer:

Following the 2nd union, both  you and your husband may jointly file a Petition for Adoption of your son Alternatively you may file this alone provided your husband has signified his approval thereto (Section 7, Republic Act (R.A.) No. 8552).

The proceeding shall commence with the Family Court of the state or city in which you live (Section 6, New Rule on Adoption). Your request for adoption shall be confirmed and shall expressly assert the Change of of Surname of your son (Section 7, id.).

Take note that you’ve secured the approval of your son if he’s ten (10) years old or over.

There’s also the matter of of securing the consent of the biological father. However, in the case of Cang vs. Court of Appeals (GR No. 105308, September 25, 1998), the Supreme Court of the Philippines held that the requirement of written authorization can be dispensed with if the parent, whose approval cannot be secured, has left the child or is “crazy or hopelessly intemperate.”

In this instance, the court  acquires jurisdiction over the adoption case provided that the petition alleges facts sufficient to justify exemption from the legal requirement.

Should you require further enlightenment on the process, read on.

National Adoption Procedures

The Supreme Court has issued guidelines in requests for adoptions under RA 8552 and RA 8043. Essentially, a petition for national adoption under RA 8552 requires the following:
[1] The attorney prepares the request for the individual or individuals desiring to adopt. The request contains records including birth certificates, marriage certificate, evidence of financial capacity (such as ITR, bank deposit, etc), clearances (barangay, police, NBI, fiscal, court),as evidence of good moral character, good health, etc.

[2] Upon payment of the filing or docket fee, the Petition is raffled to a Family Court (of the city nearest the place where the petitioner lives). In the event the Petition is satisfactory in form and material, the court issues an order, normally within a month subsequent to the filing of the request, establishing the case for first hearing and ordering the court social worker to run a case study and home visit.

[3] The court order is printed in a paper of general circulation one time a week for three weeks. The paper is selected by raffle performed by the Office of the Clerk of Court, in conformity with a Supreme Court circular. If a little time paper wins in the raffle, the overall price for the publication might be as low as Php 7,000. But if a big time paper such as the Bulletin or the Inquirer wins the raffle, the overall price might be as great as Php 50,000.

[4] Before the first hearing, the social worker runs a case study and home visit. The social worker submits his investigation report and recommendations to the court before the first hearing.

[5] On the exact date of the first hearing, the petitioner as well as the future adoptee has to show up. The attorney presents what are known as the jurisdictional facts (request, evidence of publication in paper, notice to the Office of the Solicitor General, etc).

[6] If there isn’t any resistance to the request for adoption by any party, then the attorney asks the court permission for an ex parte presentation of evidence, done before just the court stenographer as well as the court assigned commissioner (the division clerk of court). The court nevertheless can require presentation of evidence in open court. Overall, the case could take up to about a year to complete.

[7] in case the court judgement is favorable and there’s no appeal by any party, then the court issues a Certificate of Finality. The attorney then coordinates with the Local Civil Registrar (of the town or city where the court is located, as well as the adoptee’s birthplace) as well as the National Statistics Office for the issuance of a fresh birth certificate bearing the petitioner’s surname.
Why should an unwed mother adopt her Child?

Legally speaking, the relationship between any unwed mother and her child is unlawful. To  legitimize the relationship between an unwed mom as well as the illegitimate child, the parent must file a request under RA 8552, our national adoption law.

What will happen if an unwed mom gets married afterwards to the biological father?

The legal remedy wouldn’t be adoption under RA 8552 but legitimation under Articles 177 to 182 of the Family Code (in other words, if there were no legal obstructions when the child was conceived or created).

What will happen if an unwed mom gets married to a man (not the biological dad) who would like to adopt her kid?

RA 8552 provides that husband and wife must adopt together. In this case, the end result would be (1) the relationship between the mom and also the child will end up legitimate, and (2) the man will get parental power over the little one.

Is the permission of the father of an illegitimate child required in adoption?

Section 9, paragraph (b) of RA 8552 states that the written approval of the biological parent/s is essential. However, in the case of Cang vs. Court of Appeals (GR No. 105308, September 25, 1998), the Supreme Court of the Philippines held that the requirement of written authorization can be dispensed with if the parent, whose approval cannot be secured, has left the child or is “crazy or hopelessly intemperate.”

Combined adoption by husband and wife is compulsory

Please take note that Section 7 of RA 8552 provides that a husband and wife shall collectively adopt. It is a mandatory requirement together with these exceptions:
(i) if one partner attempts to adopt the legitimate son/daughter of the other; or

(ii) if one partner attempts to adopt his or her own illegitimate son/daughter: Provided, However, the other partner has signified his or her approval thereto; or

(iii) if the partners are legally separated from each other.

 

 

 

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