Joint Parental Authority.
ART. 17. Joint Parental Authority. — The father
and mother shall exercise jointly just and reasonable parental authority
and responsibility over their legitimate or adopted children. In case
of disagreement, the father's decision shall prevail unless there is a
judicial order to the contrary.
In case of the absence or death
of either parent, the present or surviving parent shall continue to
exercise parental authority over such children, unless in case of the
surviving parent's remarriage, the court, for justifiable reasons,
appoints another person as guardian.
In case of separation of his
parents, no child under five years of age shall be separated from his
mother, unless the court finds compelling reasons to do so.
ART.
18. Grandparents. — Grandparents shall be consulted on
important family questions but they shall not interfere in the exercise
of parental authority by the parents.
Absence or Death of Parents.
ART. 19. Absence or Death of Parents. —
Grandparents and in their default, the oldest brother or sister who is
at least eighteen years of age, or the relative who has actual custody
of the child, shall exercise parental authority in case of absence or
death of both parents, unless a guardian has been appointed in
accordance with the succeeding provision.
Guardian.
ART. 20. Guardian. — The court may, upon the
death of the parents and in the cases mentioned in Arts. 328 to 332 of
the Civil Code, appoint a guardian for the person and property of the
child, on petition of any relative or friend of the family or the
Department of Social Welfare.
Dependent, Abandoned or Neglected Child.
ART. 21. Dependent, Abandoned or Neglected Child.
— The dependent, abandoned or neglected child shall be under the
parental authority of a suitable or accredited person or institution
that is caring for him as provided for under the four preceding
articles, after the child has been declared abandoned by either the
court or the Department of Social Welfare.
Transfer to the Department of Social Welfare.
ART. 22. Transfer to the Department of Social
Welfare. — The dependent, abandoned or neglected child may be
transferred to the care of the Department of Social Welfare or a duly
licensed child-caring institution or individual in accordance with
Articles 142 and 154 of this Code, or upon the request of the person or
institution exercising parental authority over him.
From the time of such transfer, the Department of Social Welfare
or the duly licensed child-caring institution or individual shall be
considered the guardian of the child for all intents and purposes.
Case Study.
ART. 23. Case Study. — It shall be the duty of the
Department of Social Welfare to make a case study of every child who is
the subject of guardianship or custody proceedings and to submit its
report and recommendations on the matter to the court for its guidance.
Intervention of Department of Social Welfare.
ART. 24. Intervention of Department of Social Welfare.
— The Department of Social Welfare shall intervene on behalf of the
child if it finds, after its case study, that the petition for
guardianship or custody should be denied.
Hearing Confidential.
ART. 25. Hearing Confidential. — The hearing on
guardianship and custody proceedings may, at the discretion of the
court, be closed to the public and the records thereof shall not be
released without its approval.
Repealing Clause.
ART. 26. Repealing Clause. — All provisions of the
Civil Code on parental authority which are not inconsistent with the
provisions of this Chapter shall remain in force: Provided, That
Articles 334 up to 348 inclusive on Adoption, are hereby expressly
repealed and replaced by Section B of this Chapter.
SECTION B. Adoption
Who May Adopt.
ART. 27. Who May Adopt. — Any person of age and in
full possession of his civil rights may adopt: Provided, That he
is in a position to support arid care for his legitimate, legitimated,
acknowledged natural children, or natural children by legal fiction, or
other illegitimate children, in keeping with the means, both material
and otherwise, of the family.
In all cases of adoption the
adopter must be at least fifteen years older than the person to be
adopted.
Who May Not Adopt.
ART. 28. Who May Not Adopt. — The
following persons may not adopt:
A married person without the written consent of the spouse;
The guardian with respect to the ward prior to final approval of
his accounts;
Any person who has been convicted of a crime involving moral
turpitude;
An alien who is disqualified to adopt according to the laws of
his own country or one with whose government the Republic of the
Philippines has broken diplomatic relations.
Adoption by Husband and Wife.
ART. 29. Adoption by Husband and Wife. — Husband and
Wife may jointly adopt. In such case, parental authority shall be
exercised as if the child were their own by nature.
Who May Not Be Adopted.
ART. 30. Who May Not Be Adopted. — The following
may not be adopted:
A married person, without the written consent of the spouse;
An alien with whose government the Republic of the Philippines
has broken diplomatic relations;
A person who has already been adopted unless the adoption has
been previously revoked or rescinded in accordance with this Chapter.
Whose Consent is Necessary.
ART. 31. Whose Consent is Necessary. — The written
consent of the following to the adoption shall be necessary;
The person to be adopted, if fourteen years of age or over;
The natural parents of the child or his legal guardian of the
Department of Social Welfare or any duly licensed child placement agency
under whose care the child may be;
The natural children, fourteen years and above, of the adopting
parents.
Hurried Decisions.
ART. 32. Hurried Decisions. — In all proceedings for
adoption, steps should be taken by the court to prevent the natural
parents from making hurried decisions caused by strain or anxiety to
give up the child, and to ascertain, that all measures to strengthen the
family have been exhausted and that any prolonged stay of the child in
his own home will be inimical to his welfare and interest.
Case Study.
ART. 33. Case Study.—No petition for adoption shall
be granted unless the Department of Social Welfare, or the Social Work
and Counselling Division, in case of Juvenile and Domestic Relations
Courts, has made a case study of the child to be adopted, his natural
parents as well as the prospective adopting parents, and has submitted
its report and recommendations on the matter to the court hearing such
petition. The Department of Social Welfare shall intervene on behalf of
the child if it finds, after such case study, that the petition should
be denied.
Procedure.
ART. 34. Procedure. — The proceedings for adoption
shall be governed by the Rules of Court in so far as they are not in
conflict with this Chapter.
Trial Custody.
ART. 35. Trial Custody. — No petition for adoption
shall be finally granted unless and until the adopting parents are given
by the court a supervised trial custody period of at least six months
to assess their adjustment and emotional readiness for the legal union.
During the period of trial custody parental authority shall be vested in
the adopting parents.
The court may, upon it own motion or on motion of the
petitioner, reduce or dispense with the trial period if it finds that it
is to the best interest of the child. In such case, the court shall
state its reasons for reducing said period.
Decree of Adoption.
ART. 36. Decree
of Adoption. — If, after considering the report of the Department
of Social Welfare or duly licensed child placement agency and the
evidence submitted before it, the court is satisfied that the petitioner
is qualified to maintain, care for, and educate the child, that the
trial custody period has been completed, and that the best interests of
the child will be promoted by the adoption, a decree of adoption shall
be entered, which shall be effective as of the date the original
petition was filed. The decree shall state the name by which the child
is thenceforth to be known.
Civil Registry Record.
ART. 37. Civil Registry Record. — The adoption
shall be recorded in the local civil register and shall be annotated on
the record of birth, and the same shall entitle the adopted person to
the issuance of an amended certificate of birth.
Confidential Nature of Proceedings and Records.
ART. 38. Confidential Nature of Proceedings and Records.
— All hearings in adoption cases shall be confidential and shall not be
open to the public. All records, books and papers relating to the
adoption cases in the files of the-court, of the Department of Social
Welfare, and of any other agency or institution participating in the
adoption proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which
information from such records, books and papers is needed, the person or
agency requesting the release of the information may file a petition to
the court which entered the decree of adoption for its release. If the
court finds that the desclosure of the information is necessary for
purposes connected with or arising out of the adoption and will be for
the best interest of the child, the court may permit the necessary
information to be released, restricting the purposes for which it may be
used.
Effects of Adoption.
ART. 39. Effects of Adoption. — The adoption
shall:
Give to the adopted person the same rights and duties as if he
were a legitimate child of the adopter: Provided, That an adopted
child cannot acquire Philippine citizenship by virtue of such adoption;
Dissolve the authority vested in the natural parent or parents,
except where the adopter is the spouse of the surviving natural parent;
Entitle the adopted person to use the adopter's surname; and
Make the adopted person a legal heir of the adopter: Provided,
That if the adopter is survived by legitimate parents or ascendants and
by an adopted person, the latter shall not have more successional
rights than an acknowledged natural child. Provided, further,
That any property received gratuitously by the adopted from the adopter
shall revert to the adopter should the former pre-decease the latter
without legitimate issue unless the adopted has, during his lifetime,
alienated such property: Provided, finally, That in the last
case, should the adopted leave no property other than that received from
the adopter, and he is survived by illegitimate issue or a spouse, such
illegitimate issue collectively or the spouse shall receive one-fourth
of such property; if the adopted is survived by illegitimate issue and a
spouse, then the former collectively shall receive one-fourth and the
latter also one-fourth, the rest in any case reverting to the adopter,
observing in the case of the illegitimate issue the proportion provided
for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose
parents by nature shall inherit from him, except that if the latter are
both dead, the adopting parent or parents take the place of the natural
parents in the line of succession, whether testate or interstate.
Rescission by Adopted.
ART. 40. Rescission by Adopted. — The adopted person or
the Department of Social Welfare or any duly licensed child placement
agency if the adopted is still a minor or otherwise incapacitated, may
ask for the rescission of the adoption on the same grounds that cause
the loss of parental authority under the Civil Code.
Revocation by Adopter.
ART. 41. Revocation by Adopter. — The adopter may
petition the court for the revocation of the adoption in any of these
cases;
If the adopted person has attempted against the life of the
adopter and/or his spouse;
When the adopted minor has abondoned the home of the adopter for
more than three years and efforts have been exhausted to locate the
minor within the stated period;
When by other acts the adopter person has definitely repudiated
the adoption.
Effects of Rescission or Revocation.
ART. 42. Effects of Rescission or Revocation. — Where
the adopted minor has not reached the age of majority at the time of the
revocation or rescission referred to in the next preceding articles,
court in the same proceeding shall determine whether he should be
returned to the parental authority of his natural parents or remitted to
the Department of Social Welfare or any duly licensed child placement
agency or whether a guardian over his person and property should be
appointed.
Where the adopted child has reached the age of
majority, the revocation or rescission, if and when granted by the
court, shall release him from all obligations to his adopting parents
and shall extinguish all his rights against them: Provided, That
if the said adopted person is physically or mentally handicapped as to
need a guardian over his person or property, or both, the court may
appoint a guardian in accordance with the provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the
right to continue using the adopter's surname and the court shall order
the amendment of the records in the Civil Register in accordance with
its decision.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
