Text of the provision

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law.

(313a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

Because parental authority is a duty owed to the child (see Article 209), parents cannot simply give it up or hand it over. It may be renounced or transferred only in the cases the law itself allows — for example, a court-approved adoption, guardianship, or commitment of the child to an institution.

A private agreement "waiving" parental authority, or informally passing a child to relatives to raise, does not legally divest the parents of their authority or their responsibility.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.