Who may rescind
• On March 22, 1998, Republic Act (R.A.) No. 8552, also known as the
Domestic Adoption Act, went into effect. The new statute deleted from
the Law the right of adopter(s) to rescind a decree of adoption.
• Under Section 19 of Article VI of Republic Act No. 8552, it states that:
“ Grounds for Rescission of Adoption - upon petition of the adoptee,
with the assistance of the Department if a minor or if over eighteen
(18) years of age but is incapacitated, as guardian/counsel, the
adoption may be rescinded on any of the following grounds comitted
by the adopter(s)“:
a) repeated physical and verbal maltreatment by the adopters
despite having undergone counselling;
b) attempt on the life of the adoptee;
c) sexual assault or violence; or
d) abandonment and failure to comply with parental obligations
• The second paragraph of Section 19 of the Domestic Adoption Act
provides:
“ Adoption, being in the best interest of the child, shall not be
subject to rescission by the adopter(s). However, the adopter(s)
may disinherit the adoptee for causes provided in Article 919 of
the Civil Code.”
• While R.A. No. 8552 has unqualifiedly withdrawn from an adopter a
consequential right to rescind the adoption decree even in cases
where the adoption might clearly turn out to be undesirable, it
remains, nevertheless, it is the duty of the Court to apply the law. It
is still noteworthy, however, that an adopter, while barred from
severing the legal ties of adoption, can always for valid reasons
cause the forfeiture of certain benefits otherwise accruing to an
undeserving child. For instance, upon the grounds recognized by
law, an adopter may deny to an adopted child his legitime and, by a
will and testament, may freely exclude him from having a share in
the disposable portion of his estate.
Prescriptive Period
• The adoptee, if incapacitated , must file the petition for
rescission or revocation of adoption
within five (5) years after he reaches the age of
majority, or if he was incompetent at the time of
the adoption, within five (5) years after recovery
from such incompetency.
Effects of Rescission
1. The parental authority of the adoptee’s biological
parent(s), if known, or the legal custody of the
department, shall be restored if the adoptee is still a
minor or incapacitated.
2. The reciprocal rights and obligations of the adopter(s)
and th adoptee to each other shall be extinguished.
3. The court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and restore
his/her original birth certificate.
4. Succession rights shall revert to its status prior to
adoption, but only as of the date f judgment of judicial
rescission. However, vested rights acquired prior to
judicial rescission shall be respected.
Inter-Country Adoption
Who May Be Adopted
a. Child under 18 years, who has been
administratively/judicially declared available for
adoption
b. Legitimate child of one spouse being adopted
by the other spouse
c. Illegitimate child by an adopter, to improve the
child’s status to legitimate
d. A person of legal age, if consistently considered
by the adopters as own child since minority
e. A child whose adoption has been previously
rescinded.
f. A child whose biological or adoptive parent(s)
have died.
(a) Provided that no proceedings shall be
done within the first six (6) months from
death of parent(s).
Minors
• As a general rule, only minors can be adopted
as it is presumed that persons of legal age can
support themselves already.
Exceptions:
a. When adoptee is illegitimate child of adopter
b. Legitimate child of spouse of adopter
c. Consistently treated as own child since
minority
- also known as De Facto Adoption
