Title VII:


(The Family Code of the Philippines)

Article 183

A person of age and in possession of full civil capacity and legal rights may adopt, provided he is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family.

Only minors may be adopted, except in the cases when the adoption of a person of majority age is allowed in this Title.

In addition, the adopter must be at least sixteen years older than the person to be adopted, unless the adopter is the parent by nature of the adopted, or is the spouse of the legitimate parent of the person to be adopted.  (27a, EO 91 and PD 603)

Article 184

The following persons may not adopt:

  1. The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation;
  2. Any person who has been convicted of a crime involving moral turpitude;
  3. An alien, except:
    1. A former Filipino citizen who seeks to adopt a relative by consanguinity;
    2. One who seeks to adopt the legitimate child of his or her Filipino spouse; or
    3. One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter.

Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on inter-country adoptions as may be provided by law.  (28a, EO 91 and PD 603)

Article 185

Husband and wife must jointly adopt, except in the following cases:

  1. When one spouse seeks to adopt his own illegitimate child; or
  2. When one spouse seeks to adopt the legitimate child of the other.  (29a, EO 91 and PD 603)
Article 186

In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other, joint parental authority shall be exercised by the spouses in accordance with this Code.  (29a, EO and PD 603)

Article 187

The following may not be adopted:

  1. A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or, prior to the adoption, said person has been consistently considered and treated by the adopter as his or her own child during minority.
  2. An alien with whose government the Republic of the Philippines has no diplomatic relations; and
  3. A person who has already been adopted unless such adoption has been previously revoked or rescinded.  (30a, EO 91 and PD 603)
Article 188

The written consent of the following to the adoption shall be necessary:

  1. The person to be adopted, if ten years of age or over,
  2. The parents by nature of the child, the legal guardian, or the proper government instrumentality;
  3. The legitimate and adopted children, ten years of age or over, of the adopting parent or parents;
  4. The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the latter's spouse, if any; and
  5. The spouse, if any, of the person adopting or to be adopted.  (31a, EO 91 and PD 603)

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