Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. At 26, Patrice married American citizen John who brought her to live with him in the United States of America. John at once signified his willingness to adopt Laurie.
Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%)
Suggested answer only. Not an official answer and not legal advice.
No, John cannot file the petition for adoption alone; he must file it jointly with his wife Patrice. Under Section 21 of R.A. No. 11642, spouses must adopt jointly, except when adopting one's own illegitimate
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Quick check
Under Section 21 of Republic Act No. 11642, what is the general rule regarding adoption by married individuals?
Under Section 21 of Republic Act 11642, husband and wife are required to adopt jointly as a general rule.
Which of the following is a recognized statutory exception allowing one spouse to adopt independently under Republic Act No. 11642?
Adopting the legitimate child of one's spouse is a recognized statutory exception allowing independent adoption.
Why is a husband prohibited from adopting his wife's illegitimate child alone under Republic Act No. 11642?
An illegitimate child of a spouse is not a legitimate child of the other spouse, thus requiring joint adoption by both husband and wife.
Under Section 21 of Republic Act No. 11642, what is required for an American citizen married to a Filipina to adopt a Filipino child?
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Under Republic Act No. 11642, what legal status does an adopted child acquire relative to the joint adopters upon finality of the adoption order?
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Learn more about these topics
1. Mandatory Joint Adoption
Under Section 21 of Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act, husband and wife are required to adopt jointly. Joint adoption ensures that the adopted child becomes a full legitimate child of both spouses, creating legal ties and mutual parental authority within a unified domestic household. A sole adoption petition by one spouse alone is prohibited unless the case falls strictly under one of the specific statutory exceptions provided by law.
2. Joint Adoption Exceptions
Under Section 21 of Republic Act No. 11642, three specific exceptions allow one spouse to adopt independently without joining the other spouse. First, if one spouse seeks to adopt his or her own illegitimate child; second, if one spouse seeks to adopt the legitimate child of the other spouse; and third, if the spouses are legally separated from each other. Because an illegitimate child of one spouse is not the legitimate child of the other spouse, an attempt by a step-parent to adopt an illegitimate step-child requires joint adoption.
3. Foreign Adopter Requirements
Under Section 21 and Section 22 of Republic Act No. 11642, a foreign national may adopt a Filipino child provided statutory qualifications are met. The foreign adopter must belong to a nation with diplomatic relations with the Philippines, possess legal capacity to adopt under his national law, and demonstrate certified moral character and financial stability. Additionally, foreign adopters must file the petition jointly with their Filipino spouse unless the adoption falls under statutory exceptions allowing independent adoption.