Selena was a single 18-year old when she got pregnant and gave birth to Suri. She then left to work as a caregiver in Canada, leaving Suri with her parents in the Philippines. Selena, now 34 years old and a permanent resident in Canada, met and married Sam who is a 24-year old Canadian citizen who works as a movie star in Canada. Sam’s parents are of Filipino ancestry but had become Canadian citizens before Sam was born. Wanting Suri to have all the advantages of a legitimate child, Selena and Sam decided to adopt her. Sam’s parents, already opposed to the marriage of their son to someone significantly older, vehemently objected to the adoption. They argued that Sam was not old enough and that the requisite age gap required by the Inter-Country Adoption Act between Sam as adopter and Suri as adoptee was not met.
Are Sam’s parents correct? (2.5%)
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No, Sam's parents are incorrect. Under Section 9(a) of Republic Act No. 8043, an applicant for inter-country adoption must generally be at least 27 years of age and 16 years older than
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Quick check
Under Section 9(a) of Republic Act No. 8043, what is the general minimum age requirement for an applicant for inter-country adoption?
Under Section 9(a) of RA 8043, an inter-country adoption applicant must generally be at least twenty-seven years of age.
What is the general statutory age difference required between an inter-country adopter and the adoptee under RA 8043?
Section 9(a) of RA 8043 requires that the adopter be at least sixteen years older than the child to be adopted.
When is an inter-country adoption applicant EXEMPT from the statutory minimum age and 16-year age gap requirements under RA 8043?
Under Section 9(a) of RA 8043, the age and age-gap requirements do not apply if the adopter is the biological parent or the spouse of such parent.
Why were Sam's parents INCORRECT in arguing that Sam was disqualified from adopting 16-year-old Suri due to his age?
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What is the legal effect of a step-parent adopting the biological child of his or her spouse under Philippine law?
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Learn more about these topics
1. Inter-Country Adoption Requisites
Under Section 9(a) of Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of 1995, an applicant for inter-country adoption must be at least twenty-seven years of age and at least sixteen years older than the child to be adopted at the time of application. These statutory age restrictions are designed to ensure the emotional maturity and physical capacity of prospective foreign adoptive parents in providing proper care, guidance, and support for the adopted minor.
2. Spouse Adoption Exception
Under the proviso of Section 9(a) of Republic Act No. 8043, the statutory minimum age of twenty-seven years and the mandatory sixteen-year age gap between the adopter and adoptee do not apply if the applicant is the parent by nature of the child, or is the spouse of such biological parent. When a step-parent jointly adopts the legitimate or illegitimate child of his or her spouse, the law waives these strict age requirements to foster family solidarity and legal integration.
3. Joint Adoption Obligation
Under Philippine adoption law, husband and wife must jointly adopt except in specific statutory instances, such as when one spouse seeks to adopt the legitimate or illegitimate child of the other spouse. Joint adoption establishes a legal parent-child relationship between the child and both spouses, granting the adoptee all the rights, status, and legal benefits of a legitimate child of the marriage, while legally severing ties with former parents, save for the biological parent who is married to the adopter.