Ang Core issue po ay Can minor children be legally adopted without the written consent of a natural parent on the ground that the latter has abandoned them?
The answer should be in negative. According to the rules of the court and also in the case of HERBERT CANG vs.
COURT OF APPEALS and Spouses RONALD V. CLAVANO and MARIA CLARA CLAVANO (G.R. No. 105308 September 25, 1998)
Ang ginamit na basis dito ng court ay Rule 99 Section 3
SEC. 3. Consent to adoption.—There shall be filed with the petition a written consent to the adoption signed by the child, if fourteen years of age or over and not incompetent, and by the child's spouse, if any, and by each of its known living parents who is not insane or hopelessly intemperate or has not abandoned such child, or if there are no such parents by the general guardian or guardian ad litem of the child, or if the child is in the custody of an orphan asylum, children's home, or benevolent society or person, by the proper officer or officers of such asylum, home, or society, or by such person; but if the child is illegitimate and has not been recognized, the consent of its father to the adoption shall not be required.
If the person to be adopted is of age, only his or her consent and that of the spouse, if any, shall be required.
Under the new Rule on Adoption, the petition of adoption shall include the following
Section 11. Annexes to the Petition. – The following documents shall be attached to the petition:
A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the proper government instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;
4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and
5. The spouse, if any, of the adopter or adoptee.
It seemed that the new rule on adoption made it mandatory the express consent of the biological parents.
Home
... ask ko n din pla pano kung yung mother nung bata hindi n bumalik and hindi n din macontact. puede ko b i adopt khit alang consent ng mother? thnx again.