ARTICLE 184.

The following persons may not adopt:

1.    The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardian ship relation

2.    Any person who has been convicted of a crime involving moral turpitude

3.    An alien, except:

a.    A former Filipino citizen who seeks to adopt a relative by consanguinity;

b.    One who seeks to adopt the legitimatechild of his or her Filipino spouse;or

c.    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 Adoption as may be  be provided by law (28a. E. O No 91 and P. D. No. 603).

GUARDIAN CANNOT ADOPT WARD

PURPOSE OF THE LAW

·         To prevent the guardian  from committing fraud against the ward

      The law has been modified by RA 8225. It now states that ‘ the guardian with respect to the ward after the termination of guardianship and clearance of his/ her financial accountabilities” may adopt

MORAL TURPITUDE

                             A person who has been convicted of a crime involving moral turpitude cannot adopt because such person has shown lack of good moral character. It is said that the convict cannot set a good example for the child to emulate. It  must be recalled that the parent plays a role model for a child especially so that the foremost consideration is the development of the child. RA 8225 has convertedthis disqualification into qualification of the adopter.

                             Conviction is necessary because a person is presumed to be innocent unless the contrary is proved.

                   

ALIENS TO ADOPT

·         Alien cannot adopt this rule is so because the law imposes certain conditions for an alien to adopt,hence, alien adoption is the general rule.

·         It is still an exemption infact, the family Code has undergone some amendments by RA 8552

The requirements on residency and certification of the alien’s qualification to adopt in his/ her country may be waived by the following:

Any alien possessing the same qualifications as above Filipino nationals

a.         A. A  former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity

B.One who seeks to adopt the legitimate son/ daughter of his/ her Filipino spouse

C.One who is married to a Filipino citizen and seek to adopt  jointly with his/ her spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.

 EXPLANATION:The following persons may not adopt:

1. The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation;
2. Any person who has been convicted of a crime involving moral turpitude;
3. An alien, except:
   1. A former Filipino citizen who seeks to adopt a relative by consanguinity;
   2. One who seeks to adopt the legitimate child of his or her Filipino spouse; or
   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.

 EXPLANATION:

The Philippines has two laws on adoption, namely, [1] Republic Act 8552 Domestic Adoption Act of 1998; and [2] Republic Act 8043 Inter-Country Adoption Act of 1995. (Portions of both laws have been amended by RA 9523 as I will discuss below.)

RA 8552 amended Articles 183 up to 193 of the Family Code of the Philippines and is the governing law for Filipino citizens adopting other Filipinos (whether relatives or strangers) with some exceptions. Under Article 192 of the FC, the adopting couple may under certain circumstances ask for judicial rescission of the adoption. Rescission of adoption is no longer allowed under RA 8552.

RA 8043, on the other hand, governs the adoption of Filipinos by foreigners and is implemented by the Inter-Country Adoption Board. 

RA 8552 (and not RA 8043) applies when a foreigner who is married to a Filipino citizen seeks to adopt jointly with his/her spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.

We are not unmindful of the main purpose of adoption statutes, which is the promotion of the welfare of children. Accordingly, the law should be construed liberally, in a manner that will sustain rather than defeat said purpose.The law must also be applied with compassion, understanding and less severity in view of the fact that it is intended to provide homes, love, care and education for less fortunate children.[Regrettably, the Court is not in a position to affirm the trial court's decision favoring adoption in the case at bar, for the law is clear and it cannot be modified without violating the proscription against judicial legislation. Until such time however, that the law on the matter is  ALWAYS amendeD.