ADOPTION
ADOPTER
person of age and in possession of full civil capacity and legal rights may adopt, provided he is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family.
adopter must be at least sixteen years older than the person to be adopted
ADOPTED
Only minors may be adopted, except in the cases when the adoption of a person of majority age is allowed
The following persons may not adopt
The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation
Any person who has been convicted of a crime involving moral turpitude
An alien, except
A former Filipino citizen who seeks to adopt a relative by consanguinity
One who seeks to adopt the legitimate child of his or her Filipino spouse
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
Husband and wife must jointly adopt, except in the following cases
When one spouse seeks to adopt his own illegitimate child
When one spouse seeks to adopt the legitimate child of the other
The following may not be adopted
A person of legal age
An alien with whose government the Republic of the Philippines has no diplomatic relations
A person who has already been adopted unless such adoption has been previously revoked or rescinded
EFFECTS
the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adopters
The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters
The adopted shall remain an intestate heir of his parents and other blood relatives
INTESTATE SUCCESSION
Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit from the adopted
When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters
When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half, by the adopters
When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate children, one-third by the surviving spouse, and one-third by the adopters
When only the adopters survive, they shall inherit the entire estate
When only collateral blood relatives of the adopted survive
may petition the court for the judicial rescission IF:
adopted has committed any act constituting ground for disinheriting a descendant
adopted has abandoned the home of the adopters during minority for at least one year, or, by some other acts, has definitely repudiated the adoption