NSO – Adoption Procedures

Bonjour. Mabuhay.

For those who want to change the surname of their children to a new one, adoption may be the option for you. read below:

What is adoption?

Adoption may be considered a process “to take into one’s family through legal means and raise as one own’s child”. (the Groiler International Dictionary, Vol. 1, 1981: Houghton Mifflin Company)

Adoption is also defined as “a judicial act which creats between two persons a relationship similar to that which result from legitimate paternity and filiation”. (A Valverde 473, quoted in Prasnick vs. Rep. of the Phil. 665)(Civil Law Reviewer by Desiderio P. Jurado, 1882 Twelfth Edition with Supplement published by National Book Store, Inc.)

Rule 1 OCRG Circular No. 90-2 dated March 28, 1990 likewise define Adoption as a legal process pursuant to P. D. No. 603, as amended by Executive order No. 209 (Family Code of the Philipines) in which a child’s legal right and duties toward his ntural parents are terminated and similar rights and duties toward his adoptive parents are substituted.

Adoption is always a juridical act (Lazati v. Campos, 92 SCRA 250) and it cannot be granted administratively. And because there can be no valid adoption without a court decree granting the same, a mere agreement of adoption between the adopters and the parents of the child is not a valid adoption (Ynigo v. Republic, 95 Phil. 244), nor the mere fact that the child has lived with the alleged adopter who had treated him like his own child sufficient t establish a valid adoption beteen the alleged adopter and the child (Lazatin v. Campos, 92 SCRA 250).

What are the requirements for registration of adoption?

The following documents shall be submitted to the local civil registrar for entry in the Register of Court Decrees:

1. Four (4) copies of judicial decree of adoption to be distributed as follows: first copy to the registrant, second copy for the local civil registrar making the entry, third copy to the local civil registrar of the place where the birth of the child was originally registered and the fourth copy to the Office of the Civil Registrar-General.
2. Four (4) copies of the birth certificate of the adopted to be distributed in accordance with the immediately preceding paragraph. (OCRG Circular No. 90-2 dated March 28 1990

What are the requirements that shall be complied with by concerned parties in the preparation and issuance of the Amended Certificate of Live Birth of the adopted child?

The following requirements shall be complied with by the concerned parties:

1. Certification of registration of the adoption decree to be issued by the civil registrar of the city or municipality where the adoption decree was recorded;
2. Authenticated copy of the adoption decree bearing registry number and date of registration;
3. Copy of the registered Certificate of Live Birth of the adopted child. If the birth of the adopted child was not previously registered in the civil registrar with the child’s natural parents under the rules governing delayed registration of birth;
4. If the adopted child was a foundling, the document to be amended in his Certificate of Live Birth based on the available information which may be obtained from the adopting parents, or from reliable and competent sources;
5. The amended Certificate of Live Birth shall be attached to the original Certificate of Live Birth of the child which is filed at the Office of the Civil Registrar; and
6. When the interested party requests a copy of the amended Certificate of Live Birth, the copy to be issued shall not bear the annotation or any remark that will disclose the facts of the adoption. (Rule 55 A. O. No. 1, S. 1993)


Sources:
http://mastercitizen.wordpress.com/2011/04/25/nso-adoption-procedures/
http://nso.citizenservices.com.ph/faqs-answer-page#What-is-adoption