Text of the provision
Sec. 7. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen
(16) years older than the adoptee, and who is in a position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen
(16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided , That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least three
(3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth
(4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth
(4th) degree of consanguinity or affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other. In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint parental authority shall be exercised by the spouses.
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
A Filipino adopter must be of legal age, of full civil capacity, of good moral character, not convicted of a crime involving moral turpitude, emotionally and psychologically fit, able to provide support, and at least sixteen (16) years older than the adoptee — a gap that may be waived if the adopter is the adoptee’s biological parent or the spouse of that parent. An alien needs the same qualifications plus diplomatic relations between the two countries, at least three (3) continuous years of residence in the Philippines before filing and kept up until the decree, a certification of legal capacity to adopt at home, and permission for the child to enter that country — with residency and certification waived for a former Filipino adopting a relative within the fourth (4th) degree, for one adopting the legitimate child of a Filipino spouse, or for one adopting jointly with a Filipino spouse a relative within that degree. A guardian may adopt the ward after guardianship ends and accounts are cleared. Husband and wife must adopt jointly, except where one adopts the other’s legitimate child, adopts his or her own illegitimate child with the other spouse’s consent, or where the spouses are legally separated.
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Cases citing this section
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