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Dear PAO,
Our children, all of legal age and with lucrative jobs, are opposing our desire to adopt the minor child of our neighbor. My husband and I were informed that the written consent of our children was necessary in order for the adoption proceedings to prosper. I am surprised by this requirement because my husband and I are the intended adopters; hence, we both think that the consent of our children is no longer necessary. We have stable jobs, and we will not ask for any financial help from our children; thus, we cannot think of any reason why said consent is material. Why is the consent of our children important?
Leigh
Dear Leigh,
The new law governing adoption at present is Republic Act 11642 (Domestic Administrative Adoption and Alternative Child Care Act), which repealed Republic Act 8552 (Domestic Adoption Act of 1998). Under Section 4(d) of the Domestic Administrative Adoption and Alternative Child Care Act, “adoption refers to the socio-legal process of providing a permanent family to a child whose parents had voluntarily or involuntarily given up their parental rights, permanently transferring all rights and responsibilities, along with filiation, making the child a legitimate child of the adoptive parents: Provided, That adult adoption shall be covered by the benefits of this Act.”
Correlative thereto, Section 4(p) of the law also provides: “Domestic adoption refers to an administrative adoption proceeding where the Order of Adoption is issued within the Philippines and is undertaken between a Filipino child and eligible adoptive parents.”
Aside from the qualification of the adopters and the requirements for the child to be declared as legally available for adoption, the consent of the following is necessary in consonance with Section 23 of the same law:
“After being properly counseled and informed of the right to give or withhold approval of the adoption, the written consent of the following to the adoption is hereby required:
“(a) The adoptee, if ten (10) years of age or over;
“(b) The biological parents of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child, except in the case of a Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated as their own child by the adopters for at least three (3) years;
“(c) The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;
“(d) The illegitimate children, ten (10) years of age or over, of the adopter if living with said adopter or over whom the adopter exercises parental authority and the latter’s spouse, if any; and
“(e) The spouse, if any, of the person adopting or to be adopted.” (Emphasis supplied)
Clearly, the written consent of the children of the adopter who are 10 years of age or over is a requirement. The purpose of the consent of the adopter’s children who are 10 years old or more is elaborated in the case of Bagcat-Gullas v. Gullas et al., GR 264146, Aug. 7, 2023, where the Supreme Court, through Associate Justice Maria Felomina Singh, stated:
“The consent of the adopter’s other children is necessary as it ensures harmony among the prospective siblings. It also sufficiently puts the other children on notice that they will have to share their parent’s love and care, as well as their future legitimes, with another person.”
Applying the above-quoted decision in your situation, the written consent of your children is a necessary requirement for domestic adoption because they will have to share your love and care, including their future legitimes, with the intended adoptive child. In essence, the rights of the children of the adopter are affected; hence, their written consent is material for the adoption proceedings to proceed.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
