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Article 335

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

Certain people can't adopt: those who already have legitimate, legitimated, or acknowledged children; a guardian adopting their own ward before their guardianship accounts are settled; a married person without their spouse's consent; non-resident foreigners; foreigners from countries with broken diplomatic ties with the Philippines; and anyone convicted of a crime involving moral turpitude with a sentence of six months or more.

Official text — RA 386

The following cannot adopt:

(1) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction;

(2) The guardian, with respect to the ward, before the final approval of his accounts;

(3) A married person, without the consent of the other spouse;

(4) Non-resident aliens;

(5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations;

(6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months' imprisonment or more. (174a)

Source: lawphil.net (RA 386 as amended)

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