In the Philippine legal system, the term "Adopted Spouse" is not a formal technical classification found in statutes. However, it refers to the complex legal relationship created when adoption intersects with marriage. Under the Family Code of the Philippines and the Domestic Administrative Adoption and Alternative Child Care Act (R.A. 11642), the law meticulously defines how spouses must interact with the adoption process and the resulting prohibitions that arise from these new "artificial" family ties.
1. The Rule of Joint Adoption by Spouses
One of the most critical aspects of Philippine Family Law is the requirement of Joint Adoption. As a general rule, a husband and wife must adopt jointly. This ensures that the adopted child is fully integrated into a stable home and receives the same legal status as a legitimate child of both parents.
Exceptions to Joint Adoption:
A spouse may adopt independently only in the following limited circumstances:
- If one spouse seeks to adopt the legitimate child of the other (stepparent adoption).
- If one spouse seeks to adopt their own illegitimate child, provided the other spouse consents.
- If the spouses are legally separated.
2. Prohibited Marriages (Public Policy)
The law creates "quasi-familial" bonds that are treated with the same sanctity as blood relations. To prevent confusion and maintain moral order, Article 38 of the Family Code explicitly prohibits certain marriages involving spouses and adopted individuals. These marriages are considered void from the beginning (void ab initio):
| Relationship Pairing | Legal Status |
|---|---|
| Between the Adopter and the Adopted | Void |
| Between the Adopting Parent and the Surviving Spouse of the Adopted | Void |
| Between the Adopted and the Surviving Spouse of the Adopter | Void |
| Between the Adopted and another Adopted Child of the same adopter | Void |
These prohibitions exist because the law views the relationship between an adopter and the adopted's spouse (and vice versa) as being equivalent to the relationship between a parent-in-law and a child-in-law.
3. The Requirement of Consent
A "spouse" plays a gatekeeper role in the adoption process. For an adoption to be valid, the written consent of the following spouses is mandatory:
- The spouse of the adopter: Even if the adoption is initiated by one individual (under the allowed exceptions), the other spouse must agree.
- The spouse of the person being adopted: If the person to be adopted is already married, their spouse must provide formal consent.
Note: Failure to obtain the necessary spousal consent can be grounds for the rescission of the adoption or can render the petition for adoption defective.
4. Succession and Inheritance Rights
The "spouse" of an adopted person holds a specific place in the law of succession. Once an adoption is finalized:
- The adopted child is considered a legitimate child of the adopter for all intents and purposes.
- If the adopted child dies, their surviving spouse is a compulsory heir.
- The relationship between the adopter’s spouse and the adopted child is one of legal parent and child. Therefore, the adopted child has the same right to inherit from the "step-parent" (if they joined the adoption) as a biological child would.
5. Summary of Legal Standing
While you will not find a "Certificate of Adopted Spousality," the legal reality is that marriage and adoption in the Philippines are inextricably linked.
- As an Adopting Spouse: You assume full parental authority, including the duty to support, educate, and provide for the child.
- As the Spouse of an Adopted Person: You are legally integrated into the adoptive family’s lineage, gaining inheritance rights while being barred by public policy from marrying your spouse’s adoptive parents should your spouse pass away.
In essence, Philippine law treats the "adoptive" tie as being so strong that it mimics the biological "incest" prohibitions to protect the integrity of the family unit.