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Prasnik v. Republic, L-8639, March 23, 1956: The Modern Trend Is To Consider Adoption Not

Adoption provides children with legitimate status and supplies solace to those without children. Whether an adoption is valid depends on the national law of the adopter. If the adoption takes place in the Philippines, Philippine procedural requirements must be followed. Certain individuals are prohibited from adopting in the Philippines, including guardians of former wards, convicted criminals, most aliens, and aliens from countries without diplomatic relations with the Philippines. The rights of the adopter and adopted are governed by the national law of the adopter. Foreign adoptions are recognized if valid where effected but must still be registered locally, unless against public policy.

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161 views

Prasnik v. Republic, L-8639, March 23, 1956: The Modern Trend Is To Consider Adoption Not

Adoption provides children with legitimate status and supplies solace to those without children. Whether an adoption is valid depends on the national law of the adopter. If the adoption takes place in the Philippines, Philippine procedural requirements must be followed. Certain individuals are prohibited from adopting in the Philippines, including guardians of former wards, convicted criminals, most aliens, and aliens from countries without diplomatic relations with the Philippines. The rights of the adopter and adopted are governed by the national law of the adopter. Foreign adoptions are recognized if valid where effected but must still be registered locally, unless against public policy.

Uploaded by

Ceasar Pagapong
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NOTES ON ADOPTION

Definition and Purpose of Adoption


Adoption the process of making a child whether related or not to the adopter, possess in
general the rights accorded to a legitimate child.
Prasnik v. Republic, L-8639, March 23, 1956 : the modern trend is to consider adoption not
merely an act to establish a relationship of paternity and affiliation, but also an act which endows
the child with a legitimate status.
Ynigo v. Republic, G.R. L-6294 : Adoption supplies solace to those who have no children or to
those who have lost them so that the void which exists in a childless home may be filled.

Conflict Rules on Adoption


1. Whether or not the status of adoption has been created depends on the national law of
the adopter.
Art. 15, Civil Code. Laws relating to family rights and duties, or to the status, condition
and legal capacity of persons are binding upon citizens of the Philippines, even though
living abroad.
2. If adoption takes place in the Philippines, our countrys procedural requisites must be
complied with in accordance with the theory of lex fori in procedural matter.
3. In the Philippines, the following, among others, are not given the right to adopt:
Art. 184, Family Code .The following persons may not adopt:
a. The guardian with respect to the ward prior to the approval of the final accounts
rendered upon the termination of their guardianship relation;
b. Any person who has been convicted of a crime involving moral turpitude;
c. An alien, except:
c.1. A former Filipino citizen who seeks to adopt a relative by consanguinity;
c.2. One who seeks to adopt the legitimate child of his or her Filipino spouse; or
c.3. One who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse
a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in accordance
with the rules on inter-country adoptions as may be provided by law. (28a, E. O. 91 and PD
603)
4. In the Philippines also, an alien with whose government the Republic of the Philippines has
no diplomatic relations may NOT be adopted.
5. The rights and obligations of the adopter and the adopted are governed by the national
law of the adopter.

Recognition of a Decree on Adoption


The Philippines recognizes the principle of foreign adoptions validly rendered and
recognized where effected. However, such adoption is still subject to municipal law i.e. the
Conflict of Laws
Notes on Adoption
Group 6
02/19/15

obligation to register said adoption in the civil registry. EXCEPTION, such adoption shall not be
recognized if it is contrary to public policy or residents interest forbids its enforcement (Agpalo).

Conflict of Laws
Notes on Adoption
Group 6
02/19/15

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