Who can Adopt a Filipino Child?
1. 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;
2. 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
Husband and
wife shall jointly adopt, except in the following cases:
A. If one
spouse seeks to adopt the legitimate son/daughter
of the
other, or
B. 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
C. 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
3. The
guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.
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