Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their marriage, Rex begot a child by another woman. He is now 10 years of age.
On Lea’s discovery of Rex’s fathering a child by another woman, she filed a petition for legal separation which was granted.
Rex now wants to adopt his illegitimate child.
Whose consent is needed for Rex’s adoption of his illegitimate child? (2.5%)
If there was no legal separation, can Rex still adopt his illegitimate child? Explain. (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) The consents of the 10-year-old child, the biological mother, and Rex's 14-year-old legitimate child are needed. (b) Yes, Rex can still adopt his illegitimate child. Under Sections 21 and 23 of R.A. No. 11642, adopting an illegitimate
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Quick check
Under Section 23 of Republic Act No. 11642, at what age does an adoptee's written consent become mandatory in an adoption proceeding?
Written consent of the adoptee is mandatory if the child is ten years of age or older under Section 23 of Republic Act 11642.
Under Section 21 of Republic Act No. 11642, when is a married person exempted from obtaining spousal consent to adopt independently?
Legal separation exempts a married person from obtaining spousal consent in adoption proceedings under Republic Act 11642.
Under Section 23 of Republic Act No. 11642, whose written consent is required among the children of the adopter?
Section 23 explicitly requires the written consent of legitimate and adopted children aged ten years or older.
If Rex and Lea are not legally separated, what is required for Rex to validly adopt his illegitimate child under Republic Act No. 11642?
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Under Republic Act No. 11642, which administrative body possesses jurisdiction over domestic administrative adoption proceedings in the Philippines?
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Learn more about these topics
1. Mandatory Adoption Consents
Under Section 23 of Republic Act No. 11642, domestic administrative adoption requires the written consent of specific individuals to ensure the protection of family harmony and the child's welfare. For an adoption petition, mandatory consents include the adoptee if ten years of age or older, the biological parents of the child, the legitimate and adopted children aged ten years or older of the adopter, and the spouse of the adopter. Requiring these consents protects successional rights and maintains stability within the domestic household.
2. Spousal Consent Exception
Under Section 21 of Republic Act No. 11642, a married person may adopt independently without joining his or her spouse under specific statutory exceptions. One recognized exception occurs when the spouses are legally separated from each other. Where a decree of legal separation has been granted by a court, the legal tie of cohabitation and mutual spousal consent for adoption is severed. Consequently, a legally separated spouse can adopt independently without obtaining the written consent of the other spouse.
3. Adoption Without Separation
Under Section 21 and Section 23 of Republic Act No. 11642, a married person who is not legally separated may still adopt his or her own illegitimate child, provided that statutory conditions are met. However, because the marriage remains legally subsisting and unsevered by legal separation, the adopter must obtain the explicit written consent of his or her spouse. Obtaining spousal consent protects the conjugal harmony, property regime, and successional rights of the existing legitimate family.