Text of the provision
Sec. 9. Whose Consent is Necessary to the Adoption. – After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is hereby required:
(a) The adoptee, if ten
(10) years of age or over;
(b) The biological parent
(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten
(10) years of age or over, of the adopter
(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten
(10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
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
After proper counselling, written consent is required from the adoptee if ten (10) years of age or over; the biological parents if known, or the legal guardian or government body with legal custody; the legitimate and adopted children, ten (10) or over, of both adopter and adoptee; the illegitimate children, ten (10) or over, of the adopter if they live with the adopter and his or her spouse; and the spouse of whoever is adopting or being adopted.
Related provisions
- Section 8 — Who May Be Adopted.
- Section 10 — Hurried Decisions.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.