(f) A child whose biological or adoptive parent(s) has died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of said
parent(s).
Section 9. Whose Consent is Necessary to the Adoption. – After being properly counseled and
informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the
following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the
adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living
with said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV
PROCEDURE
Section 10. Hurried Decisions. – In all proceedings for adoption, the court shall require proof that the
biological parent(s) has been properly counseled to prevent him/her from making hurried decisions
caused by strain or anxiety to give up the child, and to sustain that all measures to strengthen the
family have been exhausted and that any prolonged stay of the child in his/her own home will be
inimical to his/her welfare and interest.
Section 11. Case Study. – No petition for adoption shall be set for hearing unless a licensed social
worker of the Department, the social service office of the local government unit, or any child-placing or
child-caring agency has made a case study of the adoptee, his/her biological parent(s), as well as the
adopter(s), and has submitted the report and recommendations on the matter to the court hearing such
petition.
At the time of preparation of the adoptee's case study, the concerned social worker shall confirm with
the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was
not registered with the Civil Registry, it shall be the responsibility of the concerned social worker to
ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available for adoption and that the
documents to support this fact are valid and authentic. Further, the case study of the adopter(s) shall
ascertain his/her genuine intentions and that the adoption is in the best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after the conduct of the case
studies, that the petition should be denied. The case studies and other relevant documents and records
pertaining to the adoptee and the adoption shall be preserved by the Department.
Section 12. Supervised Trial Custody. – No petition for adoption shall be finally granted until the
adopter(s) has been given by the court a supervised trial custody period for at least six (6) months