Revocation of Adoption

For the first time in my many years as a lawyer, a client asked me recently if it is possible to revoke an adoption.

My answer of course was it is possible.

Why? Because, as I explained to the client, our laws clearly allow its revocation.

But while it is so allowed, I pointed out that there are certain limitations that needs to be borne in mind.

For instance, adoption, being in the best interests of the child, cannot be revoked by the adopter.

By law, it is only the adoptee who can revoke it.

Another limitation is that the adoptee cannot simply revoke the adoption for whatever reason that may come to mind.

Why? Because it has to be based on any of the following grounds committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or,

4) abandonment or failure to comply with parental obligations.

Of course, in order to revoke an adoption, a petition for this purpose has to be filed in court within the prescribed period.

References:

  • Republic Act No. 8043 (The Inter-Country Adoption Act of 1995)
  • Amended (ICAB) Implementing Rules and Regulations on Inter-Country Adoption Act of 1995 (RA 8043) (2007)
  • Republic Act No. 8552 (Domestic Adoption Act of 1998)
  • (DSWD) Implementing Rules and Regulations of Republic Act No. 8552
  • Articles 142 to 155 of the P.D. 603 (The Child and Youth Welfare Code)
  • Articles 154, 155 and 156 of P.D. No. 603 (The Child and Youth Welfare Code)
  • (SC) Rule on Adoption (A.M. No. 02-6-02-SC) [Date of effectivity: August 22, 2002]
  • Republic Act No. 9523 (AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A “CHILD LEGALLY AVAILABLE FOR ADOPTION” AS A PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES) (2009)
  • Article 141, paragraph 4(a) and Article 142 of P.D. 603(The Child and Youth Welfare Code)
  • Article 154 of P.D. 603 (The Child and Youth Welfare Code)
  • Implementing Rules and Regulations of Republic Act No. 9523 (2009)
  • (DSWD) Administrative Order No. 18, Series of 2005 (Turn-Around Period of Local and Intercountry Adoption)
  • Republic Act No. 8369 (Family Courts Act of 1997) and its Implementing Rules and Regulations
  • (SC) Rule on Commitment of a Child (April 15, 2002)
  • (DSWD) Memorandum Circular 22, Series of 2004 (Policy Paper on the De-Institutionalization of Children)
  • (DSWD) Administrative Order No. 12, Series of 2011 (Guidelines on the Issuance of DSWD Certification Declaring a Child Legally Available for Adoption)
  • Republic Act No. 10165 (Foster Care Act of 2012)
  • Section 233 of the Family Code of the Philippines (Executive Order No. 209, Series of 1986)
  • Implementing Rules and Regulations of Republic Act No. 10165, Otherwise Known as the Foster Care Act of 2012
  • Article 3 of D. 603 (The Child and Youth Welfare Code)
  • Section 35 (B) of the National Internal Revenue Code of 1997(NIRC)
  • Republic Act No. 9504
  • Section 30 of the NIRC as implemented by Revenue Regulation No. 13-98
  • Section 34(H) of the NIRC
  • Section 101 of the NIRC
  • A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)
  • Executive Order No. 209 (Family Code of the Philippines)
  • DSWD Memorandum Circular No. 07, Series of 2015 (Amended A.O. No. 11, Series of 2009, Omnibus Guidelines on the Domestic Adoption Process)
  • RA 10364
  • RA 9208
  • RA 7610
  • (DSWD) Administrative Order No. 11, Series of 2009 (Omnibus Guidelines on the Domestic Adoption Process)
  • OCA Circular No. 213-2017 (Approved Resolution No. 02-2017 of the Committee on Family Courts and Juvenile Concerns) (2017)
  • Republic Act No. 11222 (Simulated Birth Rectification Act)

10 thoughts on “Revocation of Adoption

  1. EFFECTS OF RESCISSION (REVOCATION) OF ADOPTION

    If the petition is granted, the parental authority of the adoptee’s biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished.

    The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate.

    Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

    All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal acts are properly proven. (Section 20 of RA 8552, otherwise know as the “Domestic Adoption Act of 1998”)

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  2. EFFECTS OF RESCISSION (REVOCATION) OF ADOPTION

    Rescission of Adoption shall have the following effects.

    1. Restoration of parental authority of the adoptee’s biological parent(s), if known or the legal custody of the Department of the adoptee if still a minor or incapacitated.

    2. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished.

    3. Cancellation of the new birth certificate of the adoptee by the Civil Registrar as ordered by the court and restoration of the adopter’s original birth certificate.

    4. Succession rights shall revert to its status prior to adoption but only as of the date of judgement of judicial rescission.

    5. Vested rights acquired prior to judicial rescission shall be respected.

    All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal acts are properly proven. (Section 37, Article VII of the IRR of RA 8552)

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  3. JUDGMENT RELATIVE TO RESCISSION (REVOCATION) OF ADOPTION

    If the court finds that the allegations of the petition are true, it shall render judgment ordering the rescission of adoption, with or without costs, as justice requires.

    The court shall order that the parental authority of the biological parent of the adoptee, if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated and declare that the reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.

    The court shall further declare that successional rights shall revert to its status prior to adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

    It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

    The court shall further order the Civil Registrar where the adoption decree was registered to cancel the new birth certificate of the adoptee and reinstate his original birth or foundling certificate. (Section 23 of A.M. No. 02-6-02-SC, otherwise known as the “Rule on Adoption”)

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  4. EFFECTS OF RESCISSION (REVOCATION) OF ADOPTION

    If the petition for rescission of administrative adoption is granted by the Secretary, the parental authority of the adoptee’s biological parents, if known, shall be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.

    Successional rights shall revert to its status prior to adoption, but only as of the date of judgment of administrative rescission. Vested rights acquired prior to administrative rescission shall be respected.

    All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Revised Penal Code if the criminal acts are proven. (Section 20, Article VI of RA 11222, otherwise known as the “Simulated Birth Rectification Act”)

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  5. REMEDY OF THE ADOPTERS

    Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code. (Section 19, Article VI of RA 8552, otherwise known as the “Domestic Adoption Act of 1998”)

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  6. REMEDY OF THE ADOPTERS

    Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code. (Section 19 of A.M. No. 02-6-02-SC, otherwise known as the “Rule on Adoption”)

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  7. REMEDY OF THE ADOPTERS

    Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code. (Section 18, Article VI of RA 11222, otherwise known as the “Simulated Birth Rectification Act”)

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  8. ARTICLE 919 OF THE CIVIL CODE OF THE PHILIPPINES

    Art. 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:

    (1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;

    (2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;

    (3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;

    (4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;

    (5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;

    (6) Maltreatment of the testator by word or deed, by the child or descendant;

    (7) When a child or descendant leads a dishonorable or disgraceful life;

    (8) Conviction of a crime which carries with it the penalty of civil interdiction. (756, 853, 674a)

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