iii. Adoption

Written consent necessary for adoption (A- BLISS)

• Adoptee, if 10 years of age or over;
• Biological parents of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;
• Legitimate and adopted children of the adopter and adoptee, 10 years old or over;
• Illegitimate children of the adopter, 10 years old or over and living with him or her
• Spouse of the adoptee, if married
• Spouse of the adopter, if married

Effectivity of Decree of Adoption

For domestic adoption under Republic Act No. 11642, the Order of Adoption takes effect as of the date the original application was filed. This also applies if the adopter dies before the Order of Adoption is issued. The decree-and-petition formulation applies to cases governed by the former judicial-adoption law.

Where the petition for adoption was granted after the child killed a girl, no retroactive effect may be given to the decree of adoption so as to impose a liability upon the adopting parents accruing at a time when the adopting parents had no actual or physical custody over the adopted child. Retroactive effect may perhaps be given where such is essential to permit the accrual of some benefit or advantage in favor of the adopted child. To hold that parental authority had been retroactively lodged in the adopting parents so as to burden them with liability for a tortious act that they could not have foreseen nor prevented would be unfair and unconscionable (Tamargo v. CA, G.R. No. 85044, 1992).

Compulsory Heir in the Direct Line

This covers children or descendants, or in default of children or descendants, parents or ascendants. Illegitimate descendants and ascendants are also protected, since the law does not distinguish.

Adopted children are considered compulsory heirs in the direct line, and may be preterited. This is because adoption gives to the adopted child the same rights and duties as if he were a legitimate child of the adopter. (Acain v. Intermediate Appellate Court, G.R. No. 72706) [Owner check: The supplied case source identifies G.R. No. L-72706 (October 27, 1987); verify the discrepancy before changing the citation.]