6/30/2021
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The purpose of the proceeding for adoption is to effect this new status of relationship
between the child and its adoptive parents, the change of name which frequently
accompanies adoption being more an incident than the object of the proceeding.[37]
Adoption creates a status that is closely assimilated to legitimate paternity and filiation
with corresponding rights and duties that necessarily flow from it, including, but not
necessarily limited to, the exercise of parental authority, use of surname of the adopter
by the adopted, as well as support and successional rights.[38]
Indeed, matters relating to adoption are subject to regulation by the State.[39] In the
Philippines, the general provisions on adoption are found in Articles 133 to 193, Title
VII of EO 209, Series of 1987, entitled "The Family Code of the Philippines" (Family
Code). Under the Family Code, not all persons are qualified to adopt. Articles 183 and
184 provide limitations, viz.:
Art. 183. A person of age and in possession of full civil capacity and legal
rights may adopt, provided he is in a position to support and care for his
children, legitimate or illegitimate, in keeping with the means of the family.
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In addition, the adopter must be at least sixteen years older than the person
to be adopted, unless the adopter is the parent by nature of the adopted, or
is the spouse of the legitimate parent of the person to be adopted.
Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior to the approval of the final
accounts rendered upon the termination of their guardianship relation;
(2) Any person who has been convicted of a crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino spouse;
or
(c) One who is married to a Filipino citizen and seeks to adopt jointly with
his or her spouse a relative by consanguinity of the latter.
Aliens nut included in the foregoing exceptions may adopt Filipino children in
accordance with the rules on inter-country adoptions as may be provided by
law. (Italics supplied.)
Based on Article 184 of the Family Code, Hayashi falls under exception (b) of item (3).
He is a Japanese citizen married to Lorlie, a Filipino. Under the Philippine law, it is
therefore valid and legal for Hayashi to adopt petitioner, the legitimate child of Lorlie.
Further, the rules on inter-country adoptions of Filipino children as mentioned in the
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