Text of the provision
Sec. 19. 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(18) years of age but is incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following grounds committed by the adopter(s):
(a) repeated physical and verbal maltreatment by the adopter
(s) despite having undergone counseling;
(b) attempt on the life of the adoptee;
(c) sexual assault or violence; or
(d) abandonment and failure to comply with parental obligations. 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 .
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
Only the adopted person may ask to undo the adoption — assisted by the Department if a minor, or if over eighteen (18) but incapacitated — on the grounds of repeated physical and verbal maltreatment despite counselling, an attempt on the adoptee’s life, sexual assault or violence, or abandonment and failure to meet parental obligations. The adopters cannot rescind, though they may disinherit the adoptee for the causes listed in the Civil Code.
Related provisions
- Section 18 — Succession Rights.
- Section 20 — Effects Of Rescission.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.