Text of the provision

Sec. 12. Supervised Trial Custody . – No petition for adoption shall be finally granted until the adopter

(s) has been given by the court a supervised trial custody period for at least six

(6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. During said period, temporary parental authority shall be vested in the adopter(s). The court may motu proprio or upon motion of any party reduce the trial period if it finds the same to be in the best interest of the adoptee, stating the reasons for the reduction of the period. However, for alien adopter(s), he/she must complete the six (6)-month trial custody except for those enumerated in Sec. 7

(b)

(i)

(ii) (iii). If the child is below seven

(7) years of age and is placed with the prospective adopter

(s) through a pre-adoption placement authority issued by the Department, the prospective adopter

(s) shall enjoy all the benefits to which biological parent

(s) is entitled from the date the adoptee is placed with the prospective adopter(s).

Domestic Adoption Act of 1998, Republic Act No. 8552 (1998). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.

What this section means

No adoption is finally granted until the court has given the adopters a supervised trial custody period of at least six (6) months in which the parties adjust to each other and build a bond; during it temporary parental authority rests with the adopters. The court may shorten the period, on its own initiative (motu proprio) or on motion, if that serves the child’s best interest, stating its reasons — but an alien adopter must complete the full six (6) months unless covered by the exempt categories of Sec. 7(b)(i), (ii) and (iii). If the child is below seven (7) years of age and was placed through a Department pre-adoption placement authority, the prospective adopters enjoy all the benefits of biological parents from the date of placement.

Related provisions

Cases citing this section

Note. The text above is reproduced in full from Republic Act No. 8552, verified against the LawPhil and ChanRobles renderings. The annotation around it is the work of Vivas & Nobles Law Office and is general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.