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Some Laws About Adoption In The Philippines

The laws about adoption int he Philippines are articulated in the Family Code of the Philippines from Article 183 to Article 193. The Code states that any person may adopt a child as long as he or she is at least sixteen years older than the child to be adopted. That means that if you are twenty-five years old, the maximum age of a child that you may adopt is nine years old. There exceptions to this first rule. One, if the adopter is the biological parent. And two, if the adopter is the spouse of the biological parent.

The Code also stated that some people are not allowed to adopt children int he Philippines. One is the guardian (who is sometimes appointed by government) of the child. Another is a person who has been convicted of a crime. And third, an alien is not allowed to adopt a Filipino. To this last rule, there are three exemptions. First, if the alien is a former Filipino who wants to adopt a relative. Second, if the alien wants to adopt the legitimate child of his or her Filipino spouse. And third, if the alien who is married to a Filipino, seeks to jointly adopt a child who is a relative by consanguinity of the Filipino spouse.

The Code also describes persons who should or should not be adopted. The first rule is that only minors may be adopted. For persons who have already reached the age of 18, adoption is allowed only if the adopters are his or her natural parents. A child who is foreigner cannot be adopted by Filipinos, unless his or her country has diplomatic ties with the Philippine government. A person who has already been adopted, cannot be adopted again, unless the first adoption in the Philippines was rescinded. That is, the first adoption is no longer legally recognized.

An adoption may be rescinded due to several reasons. The adopted, when he or she is already 18 years old, may petition a court to rescind the adoption. The reasons should be valid since the rescission is equivalent to disinheriting the parents. The adopters may also file for a rescission when the adopted has committed acts that will lead to his or her disinheritance. Another valid reason for rendering the adoption invalid is when the adopted runs away from the home of the adopters for at least one year.

Written consents are also required from some people. If the person to be adopted is already ten years old or older, he or she must give a letter consenting to the adoption. The biological parents of the person to be adopted in the Philippines must also provide their written consent. In their absence, the legal guardian, or a person authorized by the government may give the written consent.

 

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