2018 Civil Law, Q16

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%)

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?

What is the general statutory age difference required between an inter-country adopter and the adoptee under RA 8043?

When is an inter-country adoption applicant EXEMPT from the statutory minimum age and 16-year age gap requirements under RA 8043?

Why were Sam's parents INCORRECT in arguing that Sam was disqualified from adopting 16-year-old Suri due to his age?

Choices available with full access.

What is the legal effect of a step-parent adopting the biological child of his or her spouse under Philippine law?

Choices available with full access.

Unlock the full Civil Law answers

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.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026