Section 18. Succession. – In legal and intestate succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee
and his/her biological parent(s) had left a will, the law on testamentary succession shall govern.
ARTICLE VI
RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of Adoption. – Upon petition of the adoptee, with the
assistance of the Department if a minor or if over eighteen (18) years of age but is incapacitated, as
guardian/counsel, the adoption may be rescinded on any of the following grounds committed by the
adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone
counseling; (b) attempt on the life of the adoptee; (c) sexual assault or violence; or (d) abandonment
and failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code.
Section 20. Effects of Rescission. – If the petition is granted, the parental authority of the adoptee's
biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is
still a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the adoptee to
each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and
restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable
under the Penal Code if the criminal acts are properly proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. – (a) The penalty of imprisonment ranging from six (6) years
and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand pesos (P50,000.00), but
not more than Two hundred thousand pesos (P200,000.00) at the discretion of the court shall be
imposed on any person who shall commit any of the following acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper
material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for
adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a
person(s) who is not his/her biological parent(s) shall be guilty of simulation of birth, and shall be