I. Overview of Adoption in Philippine Law

Adoption in the Philippines is a legal process by which a person (the adopters) assumes the status of parent to a child who is not their biological offspring. It permanently severs the parental authority of the biological parents and vests full parental authority in the adopters, as if the adoptee were their legitimate child.

Key sources of law (in summary form) include:

The Family Code of the Philippines (primarily on parental authority, legitimacy, consent).
Special adoption statutes (not cited by number here, but they govern who may adopt, who may be adopted, and the procedure).
Implementing rules, administrative regulations, and court rules on adoption procedure.

This article focuses specifically on the situation where the biological parents are married to each other and remain married at the time of adoption.

II. Fundamental Legal Effects of Adoption

Once validly decreed:

Parental authority of biological parents is terminated and transferred to the adopters.
The adoptee is deemed a legitimate child of the adopters, with full rights of succession and family relations as such.
The adoptee’s civil status is changed; a new birth record is issued, reflecting the adopters as parents.
Legal ties with the biological family are generally severed for purposes of parental authority and succession, subject to narrow exceptions (e.g., impediments to marriage within prohibited degrees of relationship).

Because these effects are drastic and permanent, Philippine law imposes strict requirements when the child still has legally recognized, fully capacitated, married biological parents.

III. Legal Status of a Child of Married Biological Parents

A child whose biological parents are married to each other is generally considered a legitimate child, and the law presumes that:

Both parents jointly possess parental authority.
Both have duties to support, educate, and care for the child.
Decisions affecting the child (including giving the child up for adoption) must, as a rule, be made by both spouses together.

Thus, when such a child is to be adopted, the law scrutinizes:

The necessity and best interests of the adoption, and
The voluntariness, awareness, and validity of the consent of both married biological parents.

IV. Who May Adopt a Child Whose Biological Parents Remain Married

A. General Qualifications of Prospective Adopters

While statutes change over time in detail, they commonly require that the adopter:

Is of legal age, usually with a minimum age difference from the adoptee (commonly 16 years, with exceptions).
Possesses full civil capacity and legal rights.
Is of good moral character and has no disqualifying criminal record or history of child abuse, neglect, or moral turpitude related offenses.
Has sufficient financial capacity to support the child.
Is physically and mentally capable of caring for a child.
Is in a position to provide a stable, nurturing environment.

In addition, for a spouses-adopting-together scenario:

They must be legally married (not merely cohabiting).
Adoption is generally done jointly, except in recognized exceptions (e.g., step-parent adoption).

B. Specific Situations Involving Married Biological Parents

Adoption by Relatives (e.g., grandparents, aunts/uncles, older siblings)
- Common in practice when biological parents are unable to care for the child (e.g., financial hardship, migration, health issues).
- The biological parents remain married, but they relinquish parental authority in favor of the relative adopter(s).
Adoption by Non-Relatives
- More stringent assessment by social workers and authorities.
- Courts and agencies look carefully into whether the adoption is truly for the best interest of the child, and not a mere arrangement to circumvent laws on succession, migration, or custody.
Step-Parent Adoption (When One Parent Remains a Biological Parent)
- If the child’s biological parents were married but later separated (de facto), annulled, or divorced abroad, and one remarries, the new spouse may adopt the child as a step-parent, with the consent of the biological parent who retains parental authority and the adoption-related effect on the other parent’s authority controlled by statute.
- This is different from the scenario where both biological parents remain married to each other; in that case, step-parent adoption does not normally apply.

V. Who May Be Adopted

When the biological parents remain married, the adoptee is often:

A minor, generally below 18, declared legally free for adoption or voluntarily placed for adoption following statutory requirements.
In some circumstances, a legitimate child of the married biological parents who, for serious and compelling reasons, is given up for adoption.

There are also provisions for:

Adult adoption, subject to stricter conditions and often requiring long-standing family-like relationships.
Adoption of children with special needs or sibling groups, where keeping siblings together is strongly preferred.

VI. Consent Requirements

This is the core of the topic when biological parents remain married.

A. Consent of Both Biological Parents

If the child is legitimate (i.e., the biological parents are legally married to each other):

Both spouses must give consent to the adoption, except where one parent is legally incapacitated or otherwise disqualified by statute (e.g., long-term disappearance, insanity, deprivation of parental authority).
Consent must be in writing, and usually:
- Signed by both parents;
- Executed with full understanding of the consequences (loss of parental authority, change of civil status of the child, etc.);
- Given freely and voluntarily, without coercion, fraud, or undue influence; and
- Often executed before or validated by the competent authority (court, agency, or authorized officer), with social worker involvement.

If one parent refuses consent, the adoption cannot ordinarily proceed, unless a law specifically allows the court or authority to excuse consent upon proof of abandonment, unfitness, or other statutory ground (e.g., abuse, cruelty, neglect).

B. Consent of the Child

If the child is of a certain age (often 10 years or older, age threshold fixed by statute), the child’s consent is also required.
The child must be properly counseled and must express willingness to be adopted by the prospective adopters and to sever legal ties with the biological parents.
A social worker typically ascertains that the child:
- Understands the basic implications;
- Is not being manipulated or threatened;
- Has views consistent with his or her welfare.

C. Consent of the Spouse of the Adopter

If the adopter is married:

The spouse’s consent is generally required, and adoption is ordinarily joint.
This is to ensure unity in parental authority and to avoid conflicts in the marital and family home.

VII. Grounds and Justifications for Adoption Despite the Marriage of Biological Parents

The fact that biological parents remain married does not prevent adoption per se. However, adoption is not a casual “transfer” of child care; it must answer a real child welfare need and satisfy a legal standard: the best interest of the child.

Common justifications include:

Inability of Biological Parents to Provide Care
- Severe or chronic poverty, illness, or disability.
- Substance abuse issues or long-term absence (e.g., working abroad, incarceration) that render them unable to exercise parental functions responsibly.
Psychological or Environmental Risk to the Child
- Home situation is harmful (abuse, neglect, violence), and long-term alternative family care is necessary.
- Social services may recommend permanent alternative placement.
Existing Parent-Child Bond with Adopter
- The child has lived for a long period with the prospective adopters who are acting as de facto parents, and formal adoption will regularize and protect that relationship.
Special Circumstances (e.g., Migration, Medical Care, Stability)
- While these reasons alone are not sufficient, sometimes adoption is considered to secure stable legal status, medical support, or continuity of care when biological parents foresee long-term incapacity.

Courts and agencies are wary of purely convenience-based adoptions, such as adopting a child solely to allow the child to migrate or to confer property advantages, especially when the biological parents remain capable and married.

VIII. Administrative and/or Judicial Procedure (General Phases)

Procedural details change over time and may be split between administrative and judicial processes depending on the law in force, but the essential phases typically include:

1. Initial Inquiry and Counseling

Biological parents (who remain married) and the prospective adopters consult with:
- Local Social Welfare and Development Office (LSWDO);
- A licensed child-placing or child-caring agency; or
- The government body tasked with adoption/alternative child care.

Focus:

Explore alternatives to adoption (e.g., foster care, kinship care) and ensure that adoption is genuinely necessary.
Provide pre-adoption counseling to biological parents so that they understand that adoption is permanent.

2. Declaration that the Child is Legally Available or Eligible for Adoption

For a child of married biological parents, this typically requires:

Voluntary relinquishment by both parents:
- Execution of a formal document of consent or surrender, following prescribed form and procedure.
- Observance of any cooling-off period or statutory interval to prevent impulsive surrender.

Involuntary conditions, such as abandonment, neglect, or deprivation of parental authority by court order, where the law allows a declaration that the child is legally available for adoption even if the parents are married.

3. Matching and Placement

If the prospective adopters are already identified (e.g., relative or long-term caregivers), the matching is relatively straightforward.
Otherwise, the authorized agency/board matches the child with prospective adoptive parents based on:
- The child’s needs (age, health, background);
- The adopters’ capacities and preferences;
- The principle of best interest and, where possible, cultural and family continuity (e.g., keeping siblings together).

4. Supervised Trial Custody

The child is placed with the prospective adopters for a supervised trial period, often several months.
A social worker conducts home visits, interviews, and evaluation to see if:
- The child is adjusting well;
- The adopters are fulfilling their duties;
- The placement is likely to succeed long-term.

A report is prepared, recommending either approval or denial of the adoption.

5. Petition for Adoption and Legal Proceedings

Depending on the regime in force:

A petition is filed (either in court or before the appropriate administrative authority), usually by the prospective adopters.
Required attachments commonly include:
- Proof of identity, age, and civil status of adopters;
- Proof of capacity and income;
- Written consents (from biological parents, adoptee, spouse of adopter, etc.);
- Social case study report;
- Proof that the child is legally available or eligible for adoption.

When the biological parents remain married, the petition and supporting documents should clearly show:

That both parents freely consented (unless consent is excused by law for valid grounds).
The reasons why they are relinquishing parental authority.
That adoption is truly in the best interest of the child, not primarily for convenience of the adults.

The authority (court or administrative) evaluates:

Completeness and authenticity of documents
Compliance with statutory pre-conditions
Social worker’s evaluation and the child’s welfare

Clarificatory hearings or conferences may be held, during which biological parents may be asked about their decision and their understanding of its consequences.

6. Issuance of Adoption Order

If satisfied, the authority issues an Order of Adoption, which:

Declares the adoptee the legitimate child of the adopters, with all rights and obligations.
Terminatess the parental authority of the married biological parents (unless one of them is also an adopter in a step-parent adoption scenario, which is less typical when both remain married to each other).
Directs the civil registrar to:
- Cancel the old birth record; and
- Issue a new birth certificate naming the adopters as parents.

The Order is generally final and executory according to rules specified in law and procedural regulations.

IX. Post-Adoption Consequences When Biological Parents Remain Married

Once adoption is granted:

Loss of Parental Authority
- The married biological parents no longer have legal authority over the child (custody, decision-making, discipline, etc.).
- They no longer have a legal duty of support, except as might be specially provided by law or by agreement.
Successional Rights
- The adoptee now acquires full successional rights from the adoptive parents as a legitimate child.
- Depending on the law’s wording, rights to inherit from biological parents may be lost or significantly altered, subject to recognized exceptions.
Use of Surname and Civil Identity
- The adoptee will generally use the surname of the adopter(s).
- For all legal purposes, the child will now be presented and recorded as the child of the adoptive parents.
Continuing Personal Relationships
- The law does not prohibit personal or emotional contact with biological parents; it simply defines legal relationships and authority.
- The extent of continued contact is usually left to the adoptive family, with consideration of the child’s well-being.

X. Special Issues and Problems

A. Adoption to Evade Child Support or Responsibility

When biological parents remain married and capable, authorities are alert to attempts to:

Use adoption to escape financial responsibility or marital duties.
Arrange “token” adoption solely to transfer the child for migration or economic gain.

Such patterns can lead to denial of the adoption petition and, in extreme cases, may raise issues of child trafficking or violation of special protection laws.

B. Fraud, Coercion, or Undue Influence

If the consent of married biological parents is:

Obtained through fraud, intimidation, or undue influence, or
Given without effective counseling about the permanent consequences,

then the validity of the adoption may be questioned. Philippine law typically allows rescission of adoption only on limited grounds and usually only at the instance of the adoptee and under strict conditions; hence, authorities strive to ensure that the original process is free from such defects.

C. Conflicts with Extended Family

In many Filipino families, grandparents or other relatives may strongly oppose the adoption of a child whose parents remain married. While their emotional interests are real, legal standing to oppose or prevent adoption is generally limited to:

Parents,
Certain parties defined in statute, or
Those who can show legal interest recognized by law.

XI. Intercountry Adoption When Biological Parents Remain Married

In intercountry adoption scenarios:

The same basic principles apply: both married biological parents must validly consent unless legally excused.
Additional safeguards are imposed to ensure:
- The child is adoptable under domestic law;
- Intercountry adoption is a measure of last resort;
- There is no child-buying, trafficking, or exploitation.

Authorities assess whether local adoption or other family-based care within the Philippines is possible before allowing intercountry adoption.

XII. Rescission of Adoption

Philippine law typically allows rescission (revocation) of adoption on restricted grounds and usually not at the instance of the adoptive parents (to protect the stability of the child’s family status). It is commonly available to the adoptee when:

There is repeated maltreatment or abuse by the adopter;
There is attempt on the life of the adoptee;
Other grave causes specified by statute exist.

Rescission does not simply restore the status quo ante in every respect, and the position of the biological parents (who remain married) after rescission will depend on the governing law’s specific rules.

XIII. Practical Considerations for Married Biological Parents

For married biological parents contemplating adoption of their child by others:

Understand the Finality
- Adoption is essentially irrevocable; you cannot later demand restoration of parental authority simply because circumstances improved.
Exhaust Alternatives
- Explore extended family support, foster care, and social services before deciding on permanent adoption.
Seek Counseling
- Professional and spiritual counseling can help clarify motives and long-term effects on the child.
Ensure the Child’s Voice is Heard
- Especially for older children, involve them in discussions at an age-appropriate level.
Document Everything Properly
- Keep copies of consents, counseling reports, and official documents; ensure that your consent truly reflects your will after adequate reflection.

XIV. Conclusion

In the Philippines, the adoption of a child whose biological parents remain married to each other is legally possible but tightly controlled. It requires:

Informed, voluntary consent of both spouses, except where lawfully excused;
A clear demonstration that the adoption serves the best interest of the child, not the convenience of the adults;
Strict compliance with procedural safeguards, including social work evaluations, supervised placement, and a formal adoption order; and
Awareness by both parents and adopters of the permanent and far-reaching consequences of adoption on parental authority, civil status, and family relations.

Because adoption permanently restructures a child’s legal family, it is approached in Philippine law not as a simple act of generosity or problem-solving for adults, but as a serious child-centered measure of last resort, especially in situations where the biological parents are still together and, in principle, obligated to raise their child.