3. Adoption and Care of Children

a. Filipino Citizen-

• At least 25 years of age, subject to the applicable qualifications and exceptions under RA 11642;
• In possession of full civil capacity and legal rights;
• Of good moral character;
• Has not been convicted of any crime involving moral turpitude;
• Emotionally and psychologically capable of caring for children;
• In a position to support and care for his legitimate and illegitimate children, in keeping with the means of the family; and
• At least 16 years older than the person to be adopted, unless:
• The adopter is the natural parent of the child to be adopted, or
• The adopter is the spouse of the parent of the person to be adopted

Adopted Children

Adopted children are considered legitimate children of their adoptive parents, whether the adoption was validly granted under the former judicial framework or under RA 11642’s domestic administrative adoption process. (RA 11642; RA 8552, Sec. 17 [former judicial-adoption law])

Thus, adopters are civilly liable for the tortious/criminal acts of their minor children who live with them.

NOTE: Parental authority may not be given retroactive effect so as to make the adopting parents the indispensable parties in a damage case filed against their adopted child, for acts committed by the latter, when actual custody was yet lodged with the biological parents. (Tamargo v. CA, G.R. No. 85044, June 3, 1992)