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Title VII — Adoption

Article 188

EO 209 · Family Code of the PhilippinesKey provision

ELI5— what this means for you

These persons must give their written consent before an adoption can be granted: (1) the adoptee if over 10 years of age; (2) the biological parents of the adoptee (unless their parental authority has been extinguished); (3) the spouse of the adopter if married; (4) the DSWD or licensed child-placement agency if involved.

Key point

Child aged 10+ must personally consent to their own adoption. No waiver.

Official text — EO 209

The written consent of the following to the adoption shall be necessary:

(1) The person to be adopted, if ten years of age or over,

(2) The parents by nature of the child, the legal guardian, or the proper government instrumentality;

(3) The legitimate and adopted children, ten years of age or over, of the adopting parent or parents;

(4) The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the latter's spouse, if any; and

(5) The spouse, if any, of the person adopting or to be adopted. (31a, EO 91 and PD 603)

Source: lawphil.net (EO 209 as amended)

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