PETITION FOR ADOPTION

WHAT IS ADOPTION

Adoption is a socio-legal process of providing a permanent family to a child whose

parents have voluntary or involuntary relinquished parental authority over the child.

• Republic Act No. 8552, (Domestic Adoption Act of 1998), as amended by Republic
Act No. 9523, governs local adoption:

1. Agency adoption - wherein a licensed adoption agency finds and develops

adoptive families for children who are voluntarily or involuntarily committed to
the state. The adoptive families go through a process from application as
prospective adoptive family facilitated by DSWD, or a licensed child-placing
agency to matching a child by the Child Welfare Specialist Group (CWSG)
and finalization of the child’s adoption in court.
2. Family or relative adoption - wherein the biological parents make direct
placement of the child to a relative within the 4th degree of consanguinity.
• Republic Act No. 8043 (Inter-Country Adoption Act of 1995)

Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a

foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the decree of adoption is issued outside the
Philippines.

• Republic Act No. 11222 (Simulated Birth Rectification Act)

Simulation of birth is the “tampering of the civil registry to make it appear in the record of birth
that a child was born to a person who is not such child’s biological mother, causing the loss of
the true identity and status of such child.” The law allows the rectification of simulated birth of a
child where the simulation was made “for the best interest of the child, and that such child has
been consistently considered and treated by the person or persons who simulated such birth as
her, his, or their own daughter or son.” It also fixes the status and filiation of a child whose birth
was simulated by giving such child all the benefits of adoption and ensuring that such child shall
be entitled to all the rights provided by law to legally adopted children. Those who simulated
the birth record of a child prior to the law’s effectivity shall be exempt from criminal, civil, and
administrative liability, provided that a petition for adoption with an application for the
rectification of the simulated birth record is filed 10 years from the law’s effectivity.
WHO MAY ADOPT (Sec. 7, RA 8552)

• 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;

• The guardian with respect to the ward after the termination of the guardianship and
clearance of his/her financial accountabilities.
• 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.
WHO MAY BE ADOPTED (Sec. 8, RA 8552)

• Any person below 18 years of age who has been administratively or judicially
declared available for adoption;

• The legitimate son/daughter of one spouse by the other spouse;

• An illegitimate son/daughter by a qualified adopter to improve his/her status

to that of legitimacy.

• 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. A child whose adoption has been previously rescinded; or a
child whose biological or adoptive parent(s) has died: provided, that no
proceedings shall be initiated within 6 months from the time of death of said
parent(s).
EFFECT OF ADOPTION

• If the petition for adoption is granted, the adoptee shall be considered the
legitimate daughter or son of the adopter “for all intents and purposes and as such is
entitled to all the rights and obligations provided by law to legitimate daughters or
sons born to them without discrimination of any kind.”

• “Except where a biological parent is the spouse of the adopter, all legal ties
between the biological parents and the adoptee shall be severed and the same
shall then be vested in the adopter.”
WHEN ADOPTION MAY BE RESCINDED

• Adoption may be rescinded if the adopter committed repeated physical or verbal

maltreatment to the adoptee, made an attempt on the life of the adoptee, sexually
assaulted the adoptee, or abandoned and failed to comply with parental
obligations.

• A petition for rescission of adoption may be filed by the adoptee with the assistance
of the DSWD if he or she is a minor or over 18 years old but incapacitated.

• If the petition for rescission is granted, the parental authority of the adoptee’s
biological parents shall be restored if the adoptee is still a minor or incapacitated.
CAN ONLY ONE SPOUSE ADOPT?

No. As a general rule, the 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, 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.
• The law provides that the petition for adoption shall be supported by a copy of the
simulated birth or foundling certificate of the child; affidavit of admission, if the
simulation of birth was done by a third person; a certification by the village chief
attesting that the child has been living with the petitioner; and a certificate
declaring the child legally available for adoption from the DSWD.

• Also required are the affidavits of at least two disinterested persons who reside in the
same barangay where the child resides, attesting that the child has been living with
the petitioner for at least three years prior to the law’s effectivity.

• Once the requirements are completed, the adopter shall file the petition with the
city or town’s social welfare and development officer. The petition will pass through
the regional director and then the secretary of the DSWD.
 Republic of the Philippines
Regional Trial Court
National Judicial Capital Region
Branch 456
Manila

IN RE: ADOPTION OF MINOR AND

CHANGE OF NAME OF NATASHA CRUZ OCA SPEC. PROC. NO. 49354
TO NATASHA LUNA REYES

Sps. Michael F. Reyes

and Michelle L. Reyes
Petitioners
x-----------------------------x

PETITION FOR ADOPTION OF NATASHA CRUZ OCA

WITH APPLICATION FOR CHANGE OF HER NAME TO
NATASHA LUNA REYES

COMES NOW the petitioners thru their counsel, and unto this Honorable Court, respectfully avers:

1. That the petitioners Michael and Michelle Reyes are husband and wife, both 42 years old, Filipino,
and residents of No. 47 Kimchi Street, Malate, Manila;
2. That petitioners in possession of full civil capacity and legal rights, are of good moral character,
have not been convicted of any crime involving moral turpitude, and who are emotionally and
psychologically capable of caring for children;
3. That the father of the said minor is dead, and only her mother named Nina Cruz Oca, is alive;
5. That petitioner Michael Reyes is a resident architect at Palafox Associates with an annual gross
income of P2,567,652 for calendar year 2019, as shown by his BIR Certificate of Compensation
Payment, attached hereto as Annex “A” while Michelle Reyes is a counselor at Brent International
School with an annual gross income of P1,655,351 for calendar year 2019 as shown by her BIR
Certificate of Compensation Payment, hereto attached as Annex “B”. Petitioners therefore are in
the position to support and care for their child in keeping with the means of the family;
6. That petitioners have undergone pre-adoption as required by Sec. 4 of RA 8552, as shown by the
Certificates of Attendance in the Adoption and Foster Care Forum hosted by DSWD, machine
copies are attached hereto as Annexes “C” and “D”;
7. That they have no legitimate children or descendants and hereby desire to jointly adopt a minor,
named Natasha Cruz Oca, female, two years old, her fact of birth was duly registered with the
Office of the Civil Registrar in Manila, for which a Certificate of Live Birth was issued, a machine
copy of which is hereto attached as Annex “E”;
8. That Nina Cruz Oca has given her consent to have Natasha Cruz Oca adopted by petitioners in
order that she may well be provided and care for by the latter. Their consent to the adoption is
shown by their Affidavit of Consent, a machine copy of which is attached hereto as Annex “F”.
9. Minor Natasha Cruz Oca is not disqualified by law to or by the Rules of Court to be adopted;
10. It is for the best interest and security of minor Natasha Cruz Oca if she will be considered as a true
and legal child of herein petitioners as the latter can provide her with love, care, understanding
and security for the full and harmonious development of her personality.
 WHEREFORE, it is respectfully prayed of this Honorable Court to grant this instant petition for
the adoption by Michael and Michelle Reyes of minor Natasha Cruz Oca and for the latter’s
change of name to Natasha Luna Reyes.
Other relief, just and equitable, are likewise prayed for.
Respectfully submitted.
Manila, Philippines, June 7, 2020

Ma. Cristina I. Elizalde-Poblete

Appointment No. 12344
Until December 31, 2020
Roll No. 56200
PTR No. 77784, 11-25-19, Manila
IBP No. 32545, 12-12-19, Manila
Office Address: 5/F Rm. 544 City Towers
Roxas Boulevard, Pasay City
Email: cristina_pobletelaw@yahoo.com
Contact Number: 0998-6654457

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S. S.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

We, Michael Reyes and Michelle Reyes, of legal age, both 42 years old, Filipino, and residents of
No. 47 Kimchi Street, Malate, Manila, after having been duly sworn, depose and say:
:
1. That we are the Petitioner in the above-entitled petition;
2. That we have read the allegations therein contained and that the same are true and correct
of our personal knowledge or based on authentic records;
3. If should learn that a similar action or proceeding has been filed or is pending, we undertake to
report that fact to the Court within five (5) days from notice to the court where the petition of
initiatory pleading has been filed.

Witness my hand this 8th of June, 2020 at Manila, Philippines.

(SGD.) MICHAEL F. REYES (SGD.) MICHELLE L. REYES

SUBSCRIBED and sworn to before me in Manila on June 8, 2020, affiant showing their
competent proofs of identity, to wit: PRC ID No. 27397 and PRC ID No. 26269

PEDRO MARASIGAN
NOTARY PUBLIC – Manila
Appointment No. 12344
Until December 31, 2020
Roll No. 63584
PTR No. 98754, 11-9-16, Manila
IBP No. 12459, 12-2-16, Manila
Office Address: 1234 Oris Street
Davila Village, Manila
Doc. No. 576; Email: attypete@yahoo.com
Page No. 908; Contact Number: 0999-28468
Book No. III;
Series of 2020.