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Title VII — Adoption

Article 183

EO 209 · Family Code of the PhilippinesKey provision

ELI5— what this means for you

A person of legal age, in possession of full civil capacity and legal rights, of good moral character, and with sufficient means to support and care for the child, may adopt. Both spouses must jointly adopt, with limited exceptions. NOTE: The RA 11642 (Domestic Administrative Adoption Act of 2022) now governs all new domestic adoptions and has transferred adoption proceedings from courts to the National Authority for Child Care (NACC). Title VII still applies to adoptions finalized before RA 11642 took effect.

Key point

RA 11642 (2022) replaced court-based adoption with administrative adoption through NACC. Title VII governs pre-2022 cases.

Official text — EO 209

A 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.

Only minors may be adopted, except in the cases when the adoption of a person of majority age is allowed in this Title.

In addition, the adopter must be at least sixteen years older than the person to be adopted, unless the adopter is the parent by nature of the adopted, or is the spouse of the legitimate parent of the person to be adopted. (27a, EO 91 and PD 603)

Source: lawphil.net (EO 209 as amended)

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