CHAPTER 5

Adoption

ARTICLE 334. Every person of age, who is in full possession of his civil rights, may adopt. (173a)

ARTICLE 335. The following cannot adopt:

(1) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction;

(2) The guardian, with respect to the ward, before the final approval of his accounts;

(3) A married person, without the consent of the other spouse;

(4) Non-resident aliens; onEuIP

(5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations;

(6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months’ imprisonment or more. (174a)

ARTICLE 336. The husband and wife may jointly adopt. Parental authority shall, in such case, be exercised as if the child were their own by nature. (n)

ARTICLE 337. Any person, even if of age, may be adopted, provided the adopter is sixteen years older. (173a)

ARTICLE 338. The following may be adopted:

(1) The natural child, by the natural father or mother;

(2) Other illegitimate children, by the father or mother;

(3) A step-child, by the step-father or step-mother. (n)

ARTICLE 339. The following cannot be adopted:

(1) A married person, without the written consent of the other spouse;

(2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;

(3) A person who has already been adopted. (n)

ARTICLE 340. The written consent of the following to the adoption shall be necessary:

(1) The person to be adopted, if fourteen years of age or over;

(2) The parents, guardian or person in charge of the person to be adopted. (n)

ARTICLE 341. The adoption shall:

(1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter;

(2) Dissolve the authority vested in the parents by nature;

(3) Make the adopted person a legal heir of the adopter;

(4) Entitle the adopted person to use the adopter’s surname. (n)

ARTICLE 342. The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him. (177a)

ARTICLE 343. If the adopter is survived by legitimate parents or ascendants and by an adopted person, the latter shall not have more successional rights than an acknowledged natural child. (n)

ARTICLE 344. The adopter may donate property, by an act inter vivos or by will, to the adopted person, who shall acquire ownership thereof. (n)

ARTICLE 345. The proceedings for adoption shall be governed by the Rules of Court insofar as they are not in conflict with this Code. (n)

ARTICLE 346. The adoption shall be recorded in the local civil register. (179a)

ARTICLE 347. A minor or other incapacitated person may, through a guardian ad litem, ask for the rescission of the adoption on the same grounds that cause the loss of parental authority. (n)

ARTICLE 348. The adopter may petition the court for revocation of the adoption in any of these cases:

(1) If the adopted person has attempted against the life of the adopter;

(2) When the adopted minor has abandoned the home of the adopter for more than three years;

(3) When by other acts the adopted person has definitely repudiated the adoption. (n)