Text of the provision
Sec. 8. Who May Be Adopted. – The following may be adopted:
(a) Any person below eighteen
(18) years of age who has been administratively or judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter
(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent
(s) has died: Provided, That no proceedings shall be initiated within six
(6) months from the time of death of said parent(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
Those who may be adopted are a person below eighteen (18) who has been administratively or judicially declared available for adoption, one spouse’s legitimate child adopted by the other, an illegitimate child adopted by a qualified adopter to raise his or her status to legitimacy, a person of legal age who has been treated as the adopter’s own child since minority, a child whose earlier adoption was rescinded, and a child whose biological or adoptive parent has died — but in that last case no proceedings may begin within six (6) months of the death.
Related provisions
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.