Text of the provision
Sec. 20. Effects of Rescission. – If the petition is granted, 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. The reciprocal rights and obligations of the adopter
(s) and the adoptee to each other shall be extinguished. The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate. Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected. All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal acts are properly proven.
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
If rescission is granted, parental authority returns to the biological parents if known, or legal custody to the Department, where the adoptee is still a minor or incapacitated, and the mutual rights and obligations of adopter and adoptee are extinguished. The court orders the Civil Registrar to cancel the amended birth certificate and restore the original. Succession rights revert to their pre-adoption state only from the date of the judgment, vested rights already acquired are respected, and criminal penalties may still apply if the underlying acts are proven.
Related provisions
- Section 19 — Grounds For Rescission.
- Section 21 — Violations And Penalties.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.