Understanding the Rights of Adopted Children in the Philippines: A Comprehensive Overview

Disclaimer: The following article is for general informational purposes only and does not constitute legal advice. For specific concerns or clarifications about adoption proceedings, it is best to consult a licensed attorney or the appropriate Philippine government agencies.

1. Introduction

Adoption in the Philippines is governed by laws that ensure the welfare of children and uphold their rights. It is a legal process by which an adopted child is placed under the care and custody of adoptive parents, with all the rights, privileges, and responsibilities that come with parent-child relationships.

The Philippines recognizes both domestic and inter-country adoption. Regardless of the type, the paramount consideration is always the best interest of the child—making sure that children receive the love, care, and support necessary for their holistic development.

2. Legal Framework Governing Adoption

Republic Act No. 8552 (Domestic Adoption Act of 1998)
This law governs domestic adoption, laying out clear guidelines for both prospective adoptive parents and children. It affirms that adoption should be in the best interest of the child and that no child shall be discriminated against by virtue of their adoptive status.
Republic Act No. 8043 (Inter-Country Adoption Act of 1995)
This law governs the adoption of Filipino children by foreign nationals and Filipino citizens permanently residing abroad. It establishes the Inter-Country Adoption Board (ICAB) as the central authority in matters of inter-country adoption.
Family Code of the Philippines (Executive Order No. 209, as amended)
Though superseded in many aspects by RA 8552 for domestic adoption, the Family Code still contains fundamental provisions on parental authority and legitimacy, which have been adapted in the adoption laws.
Child and Youth Welfare Code (Presidential Decree No. 603)
This law provides additional guidelines regarding the welfare and protection of children, including adopted children. Some provisions remain relevant in ensuring adopted children’s rights are safeguarded.

3. Rights of Adopted Children

3.1 Right to Legitimacy

Under Philippine law, once the adoption is finalized, the adopted child is considered the legitimate child of the adoptive parents. This status entitles them to:

The surname (last name) of the adoptive parent(s).
All legal rights and obligations accorded to a legitimate child, as though they were born within the marriage of the adoptive parents.

3.2 Right to Use the Adoptive Parents’ Surname

Adopted children have the right to use the surname of their adoptive parents, reflecting their new legal and familial ties. This ensures they are not treated differently from biological children in terms of name and family identity.

3.3 Right to Support

Adoptive parents must provide the same support—financial, emotional, and otherwise—to the adopted child as they would to a biological child. This includes:

Food, clothing, shelter, health care, and education.
Any other form of financial assistance required for the well-being of the child.

3.4 Right to Inheritance

A crucial right conferred by adoption is the right to inherit from the adoptive parents. Under Philippine law, a legally adopted child has the same inheritance rights as a legitimate biological child, including compulsory heir status when the adoptive parent dies without a will, or when the estate is distributed by intestate succession.

3.5 Right to Non-Discrimination

Adopted children must be treated equally in all respects. Adoptive parents (and society at large) are legally prohibited from discriminating between adopted and biological children in terms of:

Education and development opportunities.
Distribution of family resources and parental decisions.
Any benefit or privilege that biological children enjoy.

3.6 Right to Privacy and Confidentiality

Philippine law balances the child’s need to know their personal history with respect for privacy. Generally, records of adoption proceedings are confidential, and disclosure of information is subject to court approval. This protects children and adoptive families from undue scrutiny or stigma.

3.7 Right to Citizenship (in Certain Cases)

In the context of inter-country adoption, if the adoptive parents are citizens of another country, the child may be granted the opportunity to acquire the citizenship of the adoptive parents, depending on the laws of that country. Meanwhile, if both adoptive parents are Filipino citizens, the child is entitled to all the privileges and responsibilities that come with Filipino citizenship.

4. The Adoption Process in the Philippines

While the focus of this article is the rights of adopted children, understanding the adoption process helps contextualize how these rights are established and protected.

4.1 Eligibility of Adoptive Parents

Age and Capacity: Adoptive parents must be at least 27 years old, at least 16 years older than the child, and have full civil capacity and legal rights.
Good Moral Character: They must be of good moral character and must not have been convicted of any crime involving moral turpitude.
Financial Stability: They must be capable of supporting the child financially and providing for all needs.

4.2 Eligibility of the Child for Adoption

Under RA 8552, the following children may be eligible for adoption:

Children who have been voluntarily or involuntarily committed to the Department of Social Welfare and Development (DSWD) or a duly licensed child-caring or child-placing agency.
Legally free for adoption, meaning their biological parents have given up parental authority or parental rights have been terminated.

4.3 Pre-Adoption Requirements

Home Study Report (HSR): A licensed social worker conducts an assessment of the adoptive parents’ home and capability to raise a child.
Child Study Report: The DSWD or authorized agency assesses the child’s circumstances, medical history, psychological profile, etc.
Matching Process: A matching committee ensures the child is placed with the most suitable adoptive family, guided by the child’s best interests.

4.4 Court Proceedings

Petition for Adoption: The adoptive parent(s) file a petition in the Family Court with jurisdiction over their place of residence or where the child resides.
Judicial and Administrative Phase: The court evaluates documents, hears testimonies, and ensures compliance with all legal requirements.
Decree of Adoption: Once the court is satisfied that all requirements are met and that adoption is in the best interest of the child, it issues a Decree of Adoption.

4.5 Issuance of New Birth Certificate

After the final Decree of Adoption:

The Philippine Statistics Authority (PSA) issues a new birth certificate reflecting the adoptive parents as the child’s legal parents.
This official birth record secures the adopted child’s new legal identity and associated rights.

5. Post-Adoption Rights and Considerations

Parental Obligations Continue Indefinitely
Adoptive parents have the same legal obligations as biological parents, including support until the age of majority (and beyond in cases of disability or when the child is completing education).
Maintenance of Child’s Welfare
Government agencies (e.g., DSWD) may conduct post-adoption visits or follow-ups to ensure the child’s well-being.
Access to Benefits
Adopted children may access government benefits (e.g., PhilHealth, SSS benefits, and other social programs) under their adoptive parents’ coverage.
Succession and Estate Planning
Adoptive parents should consider estate planning, ensuring the adopted child is fully integrated as a heir in wills or trust instruments, just as a biological child would be.
Recognition of Previous Ties
Once adopted, the child’s legal ties to biological parents are severed (except in certain cases of step-parent adoption or relative adoption). However, if the child is old enough to have memories of or relationships with the biological family, adoptive parents are encouraged, where appropriate and in the child’s best interest, to handle such matters with sensitivity.

6. Common Misconceptions

Myth: Adopted children cannot inherit.
Reality: Legally adopted children have the same inheritance rights as legitimate biological children.
Myth: Adoption can be easily revoked if parents change their minds.
Reality: Adoption in the Philippines is permanent once finalized by a court. It cannot be undone except under extremely rare circumstances (e.g., if the adoption was obtained through fraud).
Myth: Biological parents can still claim the child.
Reality: The Decree of Adoption legally transfers parental authority to the adoptive parents. Biological parents lose rights to the child unless adoption has been contested or deemed invalid under law prior to finalization.
Myth: Adopted children must change their first name.
Reality: The child’s first name does not automatically change. Only the surname is changed to the adoptive family name. Any change in the child’s first name must be judicially approved, if desired or necessary.

7. Conclusion

The rights of adopted children in the Philippines are robustly protected under various laws and legal mechanisms, with the best interest of the child serving as the guiding principle. From the child’s right to legitimacy and inheritance to the provision of full support and a loving, stable home environment, Philippine adoption laws aim to ensure that no child faces discrimination or disadvantage due to their adoptive status.

Prospective adoptive parents and guardians are encouraged to fully understand these rights and the corresponding obligations. By respecting and upholding these entitlements, families help create a nurturing atmosphere where adopted children can thrive, secure in their legal and emotional place within the family and society.

References:

Republic Act No. 8552 (Domestic Adoption Act of 1998)
Republic Act No. 8043 (Inter-Country Adoption Act of 1995)
Family Code of the Philippines (Executive Order No. 209, as amended)
Child and Youth Welfare Code (Presidential Decree No. 603)
Supreme Court and relevant judicial issuances on adoption

For specific guidance, always consult the Department of Social Welfare and Development (DSWD), the Inter-Country Adoption Board (ICAB), or a qualified legal professional.