ADOPTION
is defined as a socio-legal process of providing a permanent
family to a child whose parents have voluntarily or involuntarily
relinquished parental authority over the child.
Adoption is for children who cannot be reared by their biological
parents and who need and can benefit from new and permanent family
ties. Adoption provides the same mutual rights and obligations that
exist between children and their biological parents. It comprises of
social work and other professional services that are required in the
placement of children in adoptive families.
Children whose parents are either absent or unable to function as
parents require the protection of the State. Protection of the child
requires sufficient study to make certain that the placement is
suitable and present no hazard to the child's growth and
development. The State through the Department of Social Welfare and
Development has a concern in every adoption including those by
stepparents and relatives.
There
are three types of adoption in the
Philippines:
1. Agency adoptions are those in which a licensed adoption agency finds
and develops adoptive families for children who are voluntarily or
involuntarily committed. The adoptive families go through the
process from application to finalization of the child's adoption
under the auspices of the Department of Social Welfare and
Development or a licensed child-placing agency like the Kaisahang
Buhay Foundation. Through this type of adoption, the legal rights of
the child, the parents who gave birth to the child and the parents
who will adopt the child, are all equally protected.
2. Family
or relative adoptions are those where the biological parents make a
direct placement of the child to a relative or a member of their
extended family with whom they relinquish their child.
3. Private
or independent adoptions could either be a direct placement to a
family known by the child's biological parents or through the use of
an intermediary or a go-between. In an intermediary placement, an
individual knows of parents who want to have their child adopted and
arranges such placement to a family or someone who wants to adopt.
These intermediaries are generally well-meaning and have good
intentions. However, one must be wary of "black market" placements
which involve an intermediary who brings together a person who has a
child and individuals who want to adopt, for the sole purpose of
making a profit. This practice does not consider the best interests
of the child nor the legal rights of biological parents and adoptive
parents.
The following are components of adoption:
· Recruitment
of potential adoptive families who may provide a
home to a child;
·
Development of
adoptive applicants as parents to a particular child
in
need of a home;
·
Selection of a family
who can best contribute to the total
development of a particular child;
·
Preparation of the
child and family prior to placement to insure
acceptance and readiness for the new
relationship;
·
Supervision of trial
custody for at least six months to facilitate the
child's adjustment in the family
prior to the completion of
adoption;
· Preparation
for removal of the child from the adoptive home if the
placement disrupts while alternative plans
are being worked out;
·
Finalization of adoption and termination of service with issuance of
the final decree of adoption and
amended birth certificate;
· Organization
of groups of adoptive parents as part of support
system;
· Post-legal
adoption counseling when adoptive family and adoptee
need further counseling related
to information about adoptee's
background and search for his/her biological
parents.
Effects of Adoption
· Sever
all legal ties between the biological parent(s) and the
adoptee, except when the
biological parent is the spouse of the
adopter;
· Deem
the adoptee as a legitimate child of the adopter;
· Give
adopter and adoptee reciprocal rights and obligations arising
from the relationship of parent and child,
including but not
limited to;
· The
right of the adopter to choose the name the child is to be
known;
· The
right of the adopter and adoptee to be legal and compulsory
heirs of each other. |