Introduction

Stepparent adoption in the Philippines represents a significant legal mechanism for formalizing family relationships, particularly in blended families where a stepparent seeks to adopt the child of their spouse. This process not only grants the stepparent full parental rights and responsibilities but also ensures the child's legal status aligns with the new family structure. Central to this procedure are affidavits of consent, which serve as formal declarations ensuring that all relevant parties voluntarily agree to the adoption. These affidavits are mandated under Philippine law to protect the rights of the child, biological parents, and other stakeholders, preventing coerced or uninformed decisions.

The requirement for affidavits of consent underscores the Philippine legal system's emphasis on voluntariness, informed decision-making, and the best interests of the child. Without proper consent, adoption petitions can be dismissed, leading to delays or denials. This article explores the intricacies of these affidavits within the stepparent adoption context, drawing from relevant statutes, procedural guidelines, and judicial interpretations.

Legal Framework Governing Stepparent Adoption

Stepparent adoption in the Philippines is primarily regulated by Republic Act No. 8552, also known as the Domestic Adoption Act of 1998. This law outlines the qualifications for adopters, the rights of the adoptee, and the procedural steps for adoption. Additionally, Republic Act No. 8043 (Inter-Country Adoption Act of 1995) may intersect in cases involving foreign elements, but for purely domestic stepparent adoptions, RA 8552 is the cornerstone.

The Family Code of the Philippines (Executive Order No. 209, as amended) provides foundational principles on parental authority, filiation, and support, which adoption alters. Rule 99 of the Rules of Court, as amended by A.M. No. 02-6-02-SC (Rule on Adoption), details the judicial process. In stepparent scenarios, the process is somewhat expedited compared to stranger adoptions, as the child is already integrated into the family unit.

Key agencies involved include the Department of Social Welfare and Development (DSWD), which conducts pre-adoption assessments, and the Regional Trial Court (RTC) designated as Family Courts, which handle petitions. The National Authority for Child Care (NACC), established under Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act of 2022), has streamlined administrative adoption processes, but judicial oversight remains for contested cases or those requiring affidavits of consent.

Parties Required to Provide Consent

In stepparent adoption, consent must be obtained from specific individuals to ensure the process respects existing parental rights and the child's welfare. The affidavits formalize this consent, and their absence can invalidate the petition. The following parties are typically required to execute affidavits:

The Biological Parent Not Married to the Petitioner: If the child's biological parent (other than the spouse) is living and has parental authority, their consent is mandatory. This is rooted in Article 188 of the Family Code, which requires the consent of the legitimate parent for adoption. The affidavit must explicitly state that the parent understands the permanent severance of their parental rights, including custody, support obligations, and inheritance claims.
The Adoptee (If Aged 10 Years or Older): Under Section 9 of RA 8552, children 10 years and above must provide written consent. This affidavit ensures the child's voice is heard, aligning with the United Nations Convention on the Rights of the Child (UNCRC), which the Philippines ratified. The consent must be informed, meaning the child comprehends the implications, such as name changes and legal ties to the stepparent.
The Legitimate or Adopted Children of the Adopter or Adoptee (If Aged 10 Years or Older): Section 9 also requires consent from the adopter's legitimate or adopted children aged 10 and above living with them, as well as the adoptee's other legitimate children in the same age bracket. This prevents potential family discord and ensures harmony in inheritance and familial relations.
The Spouse of the Adopter (Biological Parent of the Child): While the spouse is typically the joint petitioner in stepparent adoptions, their explicit consent is implied in the petition. However, in rare cases where the spouse is not joining the petition, a separate affidavit may be required to affirm support for the adoption.

Exceptions to consent requirements exist in cases where the biological parent has abandoned the child, been declared legally incompetent, or had parental rights terminated by court order (e.g., under RA 7610 for child abuse). In such instances, the court may dispense with consent after due process, but affidavits from social workers or guardians ad litem may substitute.

Form and Content of Affidavits of Consent

Affidavits of consent must adhere to strict formalities to be valid under Philippine law. They are sworn statements executed before a notary public or authorized officer, ensuring authenticity and voluntariness.

Essential Elements:

Identification of Parties: Full names, ages, addresses, and relationships to the child.
Statement of Consent: Clear, unequivocal agreement to the adoption, including acknowledgment of permanent effects (e.g., "I hereby voluntarily and irrevocably consent to the adoption of [child's name] by [stepparent's name], understanding that this severs all my legal ties to the child").
Acknowledgment of Rights: Affirmation that the affiant was informed of their rights, the adoption's consequences, and alternatives like guardianship.
Voluntariness Clause: Declaration that the consent is given freely, without coercion, duress, or undue influence.
Counseling Certification: Evidence of pre-adoption counseling by DSWD or accredited agencies, as mandated by RA 8552.
Attachments: Birth certificates, marriage certificates, or court orders proving the affiant's standing.

For the child's consent, the affidavit should be in age-appropriate language, often prepared with social worker assistance. If the child is between 10 and 18, it must be executed in the presence of a DSWD representative.

Affidavits must be in English or Filipino, with translations if in another language. Notarization is crucial; overseas affidavits require consular authentication under the Apostille Convention (if applicable) or red-ribboning.

Procedural Integration of Affidavits

The stepparent adoption process begins with a petition filed in the Family Court of the petitioner's residence. Affidavits of consent are annexed to the petition, along with supporting documents like home study reports and child assessments.

Key Steps:

Pre-Petition Preparation: Obtain consents via affidavits after mandatory counseling sessions (at least two for biological parents).
Filing the Petition: Submit to RTC with affidavits. The court orders publication in a newspaper of general circulation for three weeks.
Social Worker Evaluation: DSWD conducts a child and home study, verifying consents' validity.
Hearing and Trial: Court examines affiants to confirm voluntariness. If consent is contested, it may lead to termination proceedings.
Decision and Registration: Upon approval, the adoption decree is issued, and the child's birth certificate is amended.

Under RA 11642, administrative adoption may apply if uncontested, reducing judicial involvement, but affidavits remain essential.

Challenges and Judicial Considerations

Common issues include revoked consents, forged affidavits, or claims of coercion. Courts, guided by the best interests principle (Article 3, Child and Youth Welfare Code), may invalidate flawed affidavits. In Republic v. Court of Appeals (G.R. No. 100835, 1993), the Supreme Court emphasized that consent must be informed and irrevocable post-counseling.

For illegitimate children, only the mother's consent is typically needed if paternity is unacknowledged, simplifying stepparent adoptions by the mother's spouse.

International aspects arise if the stepparent is foreign; RA 8043 requires additional consents from the Inter-Country Adoption Board (ICAB).

Consequences of Non-Compliance

Failure to secure proper affidavits can result in petition denial, appeals, or even criminal charges for simulation of birth records (RA 8552, Section 21). Adopted children without valid consents may later challenge the adoption's legality.

Conclusion

Affidavits of consent form the bedrock of stepparent adoption in the Philippines, ensuring ethical, voluntary, and child-centered outcomes. By mandating these formal declarations, the law balances family formation with rights protection. Prospective adopters should consult legal experts and DSWD for tailored guidance, as nuances vary by case. This framework not only legalizes bonds but strengthens family units in line with societal values.