How a child may be adopted.
SEC. 765. How a child may be adopted. — An inhabitant of the Philippine Islands, not married, or a husband and wife jointly, may petition the Court of First Instance of the province in which they reside for leave to adopt a minor child: but a written consent must be given for such adoption by the child, if of the age of fourteen years, and by each of his or her living parents who is not hopelessly insane or intemperate, or has not abandoned such child, or if there are no such parents, or if the parents are unknown, or have abandoned such child, or if they are hopelessly insane or intemperate, then by the legal guardian, or if there is no such guardian, then by a discreet and suitable person appointed by the court to act in the proceedings as the next friend of such child; but when such child is an inmate of an orphan asylum or children's home, organized under the laws of the Philippine Islands, and has been previously abandoned by its parents or guardians, or voluntarily surrendered by its parents or guardians to the trustees or directors of an asylum or children's home, then the written consent of the president of the board of trustees or directors of such asylum must be given: Provided, nevertheless, That nothing herein contained shall authorize a guardian to adopt his ward before the termination of the guardianship and the final settlement and approval of his accounts as guardian by the court.
Adoption by stepfather.
SEC. 766. Adoption by stepfather. — Any inhabitant of the Philippine Islands being the husband of any woman who has a minor child by a former husband, may petition the Court of First Instance of the province in which he resides for leave to adopt such minor child and for a change in the name of such child; but the written consent must be given to such adoption by the child, if of the age of fourteen years, and by the mother of such child, if she is not hopelessly insane or intemperate, or if such mother is hopelessly insane or intemperate, then by the legal guardian of such child, or if there is no such guardian, then by a discreet and suitable person appointed by the court to act in the proceedings as the next friend of such child or children.
Order of the court.
SEC. 767. Order of the court. — When the foregoing provisions are complied with, if the court is satisfied with the ability of the petitioner to bring up and educate the child properly, having reference to the degree and condition of the child's parents and the fitness and propriety of such adoption, it shall make an order setting forth the facts and declaring that from that date said child, to all legal intents and purposes, is the child of the petitioner and that its name is thereby changed. The order shall be recorded in the records of the court.
Effect of the order.
SEC. 768. Effect of the order. — The natural parents, except when such child is adopted under the provisions of the second preceding section shall, by such order, be divested of all rights and obligations in respect to the child, and the child shall be free from all legal obligations of obedience and maintenance with respect to them. Such child shall be to all intents and purposes the child and legal heir of the person so adopting him or her, entitled to all the rights and privileges, and subject to all the obligations of a child of such person begotten in lawful wedlock: Provided, nevertheless, That the child so adopted shall still remain the legal heir of his father and mother, and in case of the death of the child, his father and mother and relatives by nature, and not by adoption, shall remain his legal heirs.
Illegitimate child.
SEC. 769. Illegitimate child. — If the child to be adopted is illegitimate, the consent of his father to the adoption shall not be required.
Order as to vagrant, incorrigible, neglected, or abused child.
SEC. 770. Order as to vagrant, incorrigible, neglected, or abused child. — When the parent or parents of any minor child shall be unable through vagrancy, negligence, or misconduct to support such child, or if able, shall neglect or refuse to support such child, or when such parent or parents shall unlawfully beat or otherwise habitually maltreat such child, or cause or allow it to engage in common begging, the Court of First Instance of the province in which the parents live or in which the child is found, if vagrant, upon complaint by affidavit of some reputable citizen of the province in behalf of such child, setting forth the facts bringing the case within this section, may issue a summons requiring such parent or parents to appear and answer such complaint, and if the parent or parents can not be found, the summons may require the fiscal of the province to appear in the interest of his parent or parents; and if, upon hearing all the matters complained of, the court find the same to be true, and that it is for the best interest of such child to be taken from such parent or parents, the court may make an order to that effect and it may order the placing of such child in any suitable orphan asylum or children's home, or with some other benevolent society, to be taken and cared for and placed in homes found for them, by adoption or otherwise, by such asylum, children's home, or society.
Children of parents separated or divorced.
SEC. 771. Children of parents separated or divorced. — When husband and wife are living separate and apart from each other, or are divorced, and the question as to the care, custody, and control of the offspring of their marriage, is brought before a Court of First Instance, by petition or otherwise, or rises as an incident to any other proceeding, the father and mother of such offspring shall stand upon an equality before the court as to the care, custody, and control of the offspring so far as it relates to their being either father or mother of the children. The court, upon hearing the testimony of either or both of said parents, and such other testimony as the court deems pertinent, shall decide which one of them shall have the care, custody, and control of such offspring, taking into account that which will be for the best interest of the children: Provided, That if such offspring be ten years of age or more they be allowed to choose which parent they prefer to live with, unless the parent so selected by said child be unfitted to take charge of such child by reason of moral depravity, habitual drunkenness, incapacity, or poverty, in which case the court shall determine the custodian of such child. If, upon such hearing, it should be proven to the court that both parents are improper persons to have the care, custody, and control of such child, the court may, in its discretion, either designate some reputable and discreet person to take charge of such child, or may commit it to any asylum, children's home, or other similar benevolent society within the islands. The court may order either or both parents to support or help support said child, irrespective of who may be its custodian. The court shall have full power and authority to make any order or decree that is just and reasonable, permitting the parent who is deprived of such care and custody of said child to visit it and to have temporary custody thereof.
Appeal.
SEC. 772. Appeal. — Either parent may appeal from the order of the court, made in accordance with the last preceding section, to the Supreme Court in the manner provided for appeals in special proceedings.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
