Parental Consent Format for Relative Adoption Philippines

Introduction

In the Philippine legal framework, adoption serves as a vital mechanism to provide children with stable family environments, particularly when biological parents are unable or unwilling to fulfill their responsibilities. Relative adoption, where the adopter is a blood relative of the child (such as a grandparent, aunt, uncle, or sibling), is a common form of domestic adoption governed primarily by Republic Act No. 8552, also known as the Domestic Adoption Act of 1998, as amended by Republic Act No. 9523 and Republic Act No. 11642. This process emphasizes the child's best interest, aligning with Article 3 of the United Nations Convention on the Rights of the Child, to which the Philippines is a signatory.

A cornerstone of the adoption process is obtaining parental consent, which ensures that the biological parents voluntarily relinquish their parental rights. For relative adoptions, the format and requirements for this consent are meticulously outlined to prevent coercion, fraud, or undue influence. This article delves into the intricacies of the parental consent format for relative adoption in the Philippines, covering legal bases, required elements, procedural steps, exceptions, and related jurisprudence.

Legal Basis for Parental Consent in Adoption

The requirement for parental consent stems from the Family Code of the Philippines (Executive Order No. 209, as amended), which underscores parental authority under Articles 209-233. Specifically for adoption:

  • Republic Act No. 8552 (Domestic Adoption Act of 1998): Section 9 mandates written consent from the biological parents for the adoption of a legitimate child. For illegitimate children, consent is required from the mother, unless the father has acknowledged the child, in which case his consent is also needed.

  • Republic Act No. 9523 (2009 Amendment): This simplifies procedures for declaring a child legally available for adoption, including cases where parental consent is absent due to abandonment or incapacity. It empowers the Department of Social Welfare and Development (DSWD) to issue certifications of availability.

  • Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act of 2022): This recent law streamlines administrative adoption processes, making relative adoptions more accessible by allowing petitions to be filed directly with the National Authority for Child Care (NACC), a body under the DSWD. It reinforces the need for consent but provides for simulated birth rectification in relative cases.

  • Administrative Order No. 02, Series of 2023 (NACC Guidelines): Issued by the NACC, this outlines specific formats and procedures for consent forms in administrative adoptions.

The Constitution of the Philippines (1987), particularly Article XV, Section 3, which protects the family unit, indirectly influences consent requirements by prioritizing the child's welfare over parental rights when necessary.

In relative adoptions, consent is crucial because it distinguishes voluntary relinquishment from involuntary termination of parental rights, which requires judicial intervention under RA 8552, Section 10.

Who Must Provide Consent?

Consent requirements vary based on the child's status:

  1. Legitimate Children: Both biological parents must consent, unless one is deceased, incapacitated, or has abandoned the child (proven by clear and convincing evidence).

  2. Illegitimate Children: The biological mother provides consent. If the father has legally acknowledged the child (via birth certificate or affidavit), his consent is also required.

  3. Children of Annulled or Nullified Marriages: Consent from the parent exercising parental authority, as determined by court order.

  4. Foundlings or Abandoned Children: No parental consent is needed if a Certificate of Foundling or Declaration of Abandonment is issued by the DSWD/NACC under RA 9523.

  5. Children Under Guardianship: The legal guardian's consent is required in lieu of or in addition to parental consent.

For relative adoptions, if the adopter is a step-parent (a relative by affinity), consent from the non-adopting spouse is mandatory under RA 8552, Section 9(e).

Minors who are biological parents can provide consent if they are at least 18 years old; otherwise, their own parents or guardians must consent on their behalf.

Format of the Parental Consent Document

The parental consent must be in the form of a sworn affidavit or deed of voluntary commitment, executed before a notary public or authorized officer. There is no rigid template mandated by law, but the DSWD/NACC provides standardized formats to ensure compliance. Key elements include:

Essential Components of the Consent Affidavit

  1. Heading and Title: "Affidavit of Consent to Adoption" or "Deed of Voluntary Commitment for Adoption."

  2. Personal Details:

    • Full names, ages, addresses, and civil statuses of the consenting parent(s).
    • Full name, birth date, and birthplace of the child.
    • Relationship of the consenting party to the child (e.g., biological mother/father).

  3. Statement of Voluntary Relinquishment:

    • A clear declaration that the parent voluntarily consents to the adoption and permanently relinquishes all parental rights, authority, and responsibilities over the child.
    • Acknowledgment that the adoption is in the child's best interest.

  4. Acknowledgment of Consequences:

    • Understanding that the consent is irrevocable except in cases of fraud, coercion, or mistake (as per RA 8552, Section 9).
    • Awareness that the adoption will sever all legal ties between the biological parent and child, including inheritance rights (subject to exceptions under the Family Code).

  5. Details of the Adopter:

    • In relative adoptions, specify the adopter's name, relationship to the child (e.g., "my sibling's child"), and why the adoption is sought (e.g., to provide stability due to parental incapacity).

  6. Counseling Certification:

    • Proof that the consenting parent underwent pre-adoption counseling by a DSWD-accredited social worker, as required by RA 11642. This includes a certificate or statement confirming counseling sessions covering alternatives to adoption, emotional impacts, and legal implications.

  7. Execution Clause:

    • Date and place of execution.
    • Signature of the consenting parent(s).
    • Jurat or acknowledgment by a notary public, confirming the affiant's identity and voluntary execution.

  8. Attachments:

    • Birth certificate of the child.
    • Marriage certificate (if applicable).
    • Proof of relationship (e.g., family tree or affidavits).
    • Social case study report from the DSWD.

The document must be in English or Filipino, or translated if in another language, and notarized. For overseas Filipinos, it can be executed before a Philippine consular officer.

Sample Format Outline

Below is a generalized outline based on DSWD/NACC guidelines:

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT OF CONSENT TO ADOPTION

I/We, [Full Name(s) of Parent(s)], of legal age, [civil status], residing at [address], after having been duly sworn in accordance with law, do hereby depose and state:

1. That I am/we are the biological [mother/father/parents] of [Child's Full Name], born on [date] at [place];

2. That due to [brief reason, e.g., financial incapacity], I/we am/are unable to provide for the child's needs;

3. That I/we have undergone pre-adoption counseling conducted by [social worker's name/DSWD office] on [date(s)];

4. That I/we voluntarily consent to the adoption of said child by [Adopter's Full Name], who is my/our [relationship, e.g., sister/brother];

5. That I/we understand that this consent is irrevocable and that all my/our parental rights shall be terminated upon finalization of the adoption;

6. That this affidavit is executed freely and voluntarily, without any undue influence or coercion.

IN WITNESS WHEREOF, I/we have hereunto set my/our hand(s) this [date] at [place].

[Signature of Affiant(s)]

SUBSCRIBED AND SWORN to before me this [date] at [place], affiant(s) exhibiting [ID details].

Notary Public
Doc. No. ___; Page No. ___; Book No. ___; Series of [year].

This format can be adapted but must comply with notarial rules under the 2004 Rules on Notarial Practice.

Procedural Steps Involving Parental Consent

  1. Pre-Adoption Counseling: Mandatory for biological parents, conducted by DSWD-accredited social workers to ensure informed consent.

  2. Execution of Consent: The affidavit is signed and notarized.

  3. Submission to NACC/DSWD: For administrative relative adoption under RA 11642, the consent is filed with the petition at the NACC Regional Office.

  4. Home Study and Matching: Social workers verify the consent's validity during the home study.

  5. Judicial Review (If Needed): If consent is contested or absent, a court petition under RA 8552 is required, leading to a hearing where consent can be challenged.

  6. Irrevocability and Revocation: Consent becomes irrevocable 15 days after execution (RA 8552, Section 9), unless proven invalid in court.

For relative adoptions, the process is expedited if all parties are in agreement, often completed administratively without court involvement per RA 11642.

Exceptions to Parental Consent

Consent may be dispensed with in cases of:

  • Abandonment: Defined as neglect for at least 3 months (RA 9523).
  • Incapacity: Mental illness or imprisonment rendering the parent unable to consent.
  • Death: Proven by death certificate.
  • Unknown Parents: For foundlings.

In such instances, the NACC issues a Certification Declaring the Child Legally Available for Adoption (CDCLAA), replacing consent.

Jurisprudence and Legal Considerations

Philippine courts have emphasized the sanctity of consent:

  • In Re: Adoption of Michelle Lim (G.R. No. 168992, 2009): The Supreme Court ruled that consent must be unequivocal and informed, voiding adoptions based on coerced consents.

  • Republic v. Toledano (G.R. No. 94147, 1991): Highlighted that relative adoptions require strict compliance with consent formats to protect family ties.

  • Landingin v. Republic (G.R. No. 164948, 2006): Stressed counseling as integral to valid consent.

Issues like simulated births (common in relative "adoptions" without legal process) are addressed by RA 11642, allowing rectification without penalty if filed within specified periods.

Challenges and Best Practices

Common challenges include forged consents or post-execution regrets. Best practices involve:

  • Engaging licensed social workers early.
  • Ensuring multiple witnesses to execution.
  • Retaining copies of all documents.

Relative adoptions promote kinship care, reducing institutionalization, but must prioritize the child's welfare.

Conclusion

Parental consent in relative adoption in the Philippines is a safeguard ensuring voluntary and informed decisions, embedded in a framework that balances parental rights with child protection. By adhering to the prescribed format and procedures, stakeholders can facilitate smooth, legally sound adoptions that uphold the family as the foundation of society. For specific cases, consultation with legal experts or the NACC is advisable to navigate nuances.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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