Child Adoption Procedure

Im a mother of two, one is 5yrs old and the eldest is 8, both of them are named after their biological father, but we are not married. Now i have been working abroad for 3 yrs already and already married with other nationality. We wanted to fix the kids papers so we can bring them with us for a better future. I have read the family code and adoption process in the philippines and it clearly states there that in order to anyone who is not blood related to the kids will not be eligible to use their last name and the only way to change it is thru ADOPTION PROCESS, both of me (as a biological mother) and my legal husband will file a petition to adopt the kids, we were informed of an inter-country adoption, my concern is---we need the signature and full consent of the biological father in able to process this, my problem is the father of my kids will never agree on this, he may not be supporting the kids in anyway but he will never agree on changing their names to another man's name. I want to know how much chance i have to win this case, the handling cost of the lawyer says 40,000 pesos but thats only handling fee without assurance that we will win. please Give me some legal advice how to go thru this process and what are my options without the biological father's participation coz he will never cooperate.

no one can give you a definite answer to your question about the success rate as this will be dependent on the court as they will be the one to issue the verdict. you should discuss this with your lawyer as he can give a vague idea on your chances and what can you do to increase the chance.

thank you for your reply, i just want to ask what other possible options i have incase that the father of the kids will not give his consent for adoption.

you can sue him for not supporting your kids. maybe by pressuring him to be responsible for the children he might allow them to be adopted. however, keep in mind that this may not work.

if i will ask him for the support does it means na mgkakaron na cya ng karapatan hiramin or isama ang mga anak ko kahit san nya gusto? kc as far as i know pag hndi illegitimate child and not married ung parents, and full custody is nasa mother and only visitation rights lang sa biological father.

yep tama yan. hanggang visitation rights lang meron ang tatay. hindi po porke magsusupport na sya eh dapat pahiram mo na ang mga bata sa custody nya. wala syang karapatan sa part na yun.

magkaibang bagay po ang rights sa custody at rights sa support ng bata.

ok. maraming salamat po sa help ninyo.

one last question po, if incase ba na dalhin ko sa ibang bansa ang mga anak ko para pag aralin kailangan ko pa ng pirma nya na pwede ko isama mga bata say for 3-5 yrs abroad?

No. Sole custody belongs to the mother. He has no right to custody. He has no say as to where the children relocate.

THANK YOU SO MUCH SA MGA REPLIES PO NINYO, IF INCASE MAY KILALA PO KAU NA MAGALING NA LAWYER NA PWEDE MA I REFER PLEASE LET ME KNOW. I HAVE SPOKEN WITH SOME NADIN PO KC NA MEJO MALAKI ANG BAYAD HANDLING FEE PALANG 70K NA PO.

LhizzyLee wrote:THANK YOU SO MUCH SA MGA REPLIES PO NINYO, IF INCASE MAY KILALA PO KAU NA MAGALING NA LAWYER NA PWEDE MA I REFER PLEASE LET ME KNOW. I HAVE SPOKEN WITH SOME NADIN PO KC NA MEJO MALAKI ANG BAYAD HANDLING FEE PALANG 70K NA PO.  

To be honest other lawyers might ask for more than P70,000.

Ahh ok. ung handling fee po pa is per child? kc dalawa po ung kids ko.

It really is not any lawyer's place to interfere with the charges of another lawyer.