Dear PAO,
My sister, who lives in the province, wants to legally adopt a child with her husband.They were told that my niece’s consent is required to finalize the adoption. My niece is currently staying with me here in Manila for her studies. Is her consent really necessary even if she is still a minor? Thank you.
Mia
Dear Mia,
Before addressing the issue presented, it is necessary to define the term “adoption.” Section 4(g) of Republic Act 11642 (RA 11642), otherwise known as the Domestic Administrative Adoption and Alternative Child Care Act, defines adoption as a “socio-legal process of providing a permanent family to a child whose parents had voluntarily or involuntarily given up their parental rights, permanently transferring all rights and responsibilities, along with filiation, making the child a legitimate child of the adoptive parents.”
The enactment of RA 11642, which took effect on January 28, 2022, was intended to establish a more efficient and expeditious system for adoption proceedings. Among its salient features is the creation of the National Authority for Child Care (NACC), which is vested with original and exclusive jurisdiction over all matters relating to alternative child care. With the establishment of the NACC, domestic adoption proceedings have been transformed into a purely administrative process.
As to whether the consent of the adopter’s child is required, guidance is found in Section 9(c) of Republic Act 8552 (RA 8552), otherwise known as the Domestic Adoption Act of 1998. Said provision explicitly requires the written consent of the legitimate and adopted sons or daughters of the adopter who are at least ten years of age, after they have been properly counseled and informed of their right to give or withhold such consent.
This statutory requirement has been consistently upheld in jurisprudence. In Nena Bagcat-Gullas vs. Joselito F. Gullas, Joie Marie F. Gullas Yu, and John Vincent F. Gullas (G.R. No. 264146, August 7, 2023), the Supreme Court, through Associate Justice Maria Filomena D. Singh, unequivocally declared that “the law could not be any clearer. The consent of the adopter’s legitimate children, who are at least of the age of ten (10), is required for the petition for adoption to prosper.”
In the same case, the Court reiterated its ruling in Castro vs. Gregorio (G.R. No. 188801, October 15, 2014, through Associate Justice Marvic M.V.F. Leonen), emphasizing that the consent of the adopter’s other children is indispensable as it serves to promote harmony among prospective siblings. It likewise places the adopter’s children on notice that they will be required to share their parent’s love, care, and future legitimes with another individual. For an adoption to be valid, the written consent of the adopter’s legitimate children, as mandated by RA 8552, is indispensable. Accordingly, personal service of summons must be effected upon the spouse and all legitimate children of the adopter to safeguard their substantive rights. Constructive notice is insufficient, and procedural technicalities cannot be used to circumvent or defeat substantive statutory rights.
In the present case, the written consent of your minor niece, assuming that she is at least ten years of age, is an indispensable requirement for the petition for adoption to prosper.
We hope that we were able to answer your queries. Please be reminded that this advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
We appreciate your trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
