1-minute notes on adoption laws

What is adoption? What is its nature and concept? What is the purpose of adoption?

Adoption is a juridical act, a proceeding in rem which creates between two persons a relationship similar to that which results from legitimate paternity and filiation.Adoption used to be for the benefit of the adopting parent. It was intended to afford persons who have no child of their own the consolation of having one by creating thru legal fiction the relation of paternity and filiation where none exists by blood relationship. Present tendency is more toward the promotion of the welfare of the child, and the enhancement of his opportunities for a useful and happy life.

Under the law now in force, having legitimate, legitimated, acknowledged natural children or children by legal fiction is no longer a ground for disqualification to adopt.

Objectives of Rule on Adoption

Best interests of child is the paramount consideration in all matters relating to his care, custody and adoption. The state shall provide alternative protection and assistance thru foster care or adoption for every child who is a foundling, neglected, orphaned, or abandoned.

Laws on Adoption

The prevailing laws on adoption are RA 8552 ( Domestic Adoption Act of 1998) and RA 8043 (Inter-Country Adoption Act of 1995).

Rule on Adoption (A.M. No. 02-6-02-SC), August 22, 2002 Guidelines issued by the Supreme Court in petitions for adoption. The Rule repealed Rules 99-100. It covers domestic adoption (Secs. 1-25) andinter-country adoption (Secs. 26-32).