Adopted Child

September 14, 2015[PHOBE SHEENE Q. HERMOSADA SUCCESSION (MON/TUE)]

1. The Relation of the Adopted Child to the following:a. His parents by nature and blood relatives,

RA 8552SECTION 16 Parental Authority - Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s).SECTION 18 Succession - the adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall govern.

Article 189 of the Family Code of the Philippines provides the legal consequences of adoption as follows:

2) The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses; and

3) The adopted shall remain an intestate heir of his parents and other blood relatives.

b. His adopted parent and adopted parents blood relatives,

RA 8552 SECTION 17 Legitimacy – The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind. To this end the adoptee is entitled to love, guidance, and support in keeping with the means of the family.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.

Article 189 of the Family Code of the Philippines provides the legal consequences of adoption as follows:

“ 1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted terminating the parental authority of the parents by nature over the adopted and be vested in the adopters;

As a matter of course the adopted shall be considered for all intents and purposes the legitimate child of the adopter and shall be entitled to all the rights accorded to legitimate children, to wit:


1) The right to use the surnames of the father and the mother;

2) The right to receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of the Family Code of the Philippines on support; and

3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code (Article 174, The Family Code of the Philippines).

Furthermore, the adopted and the adopter shall have the reciprocal rights and obligations arising from the relationship of a parent and a child.

2. Can the adopted child represent the adopter?

No. The right of representation cannot be invoked by adopted children because they cannot represent their adopting parents to the inheritance of the latter’s parents —there is no filiation (whether by blood or by law) between the adopted child and the parent of the adopter.

Reason: The law does not create any relationship between the adopted child and the relatives of the adopting parents, not even to the biological or legitimate children of the adopting parents.The legal filiation is only between the adopted child and the adopter.

Article 39 of PD 603 provides, Effects of Adoption. - The adoption shall:

x x x

The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him, except that if the latter are both dead, the adopting parent or parents take the place of the natural parents in the line of succession, whether testate or interstate.

Reason: It has also been reasoned out that while an adopter shall not be a legal heir of the adopted person if he inherits from his natural parents in the line of succession, likewise the adopted person cannot represent from the adopter if he inherits to the inheritance of his legal parents.

3. Are the parents by nature and blood relatives an intestate heir to the estate of the adopted child?

Article 984 of the Civil Code provides, In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs.

4. Are the adopted parents and blood relative an intestate heir to the estate of the adopted child?



Article 39 of PD 603 provides, Effects of Adoption. - The adoption shall:x x x

The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him, except that if the latter are both dead, the adopting parent or parents take the place of the natural parents in the line of succession, whether testate or interstate.

However, in case of the adopted parents’ blood relatives they shall not be a legal heir of the adopted person, the law does not create any relationship between the adopted child and the relatives of the adopting parents, not even to the biological or legitimate children of the adopting parents.The legal filiation is only between the adopted child and the adopter.

5. If the Adopted child survived by Natural Parents and Adopted Parents, who shall inherit the estate of the Adopted child?


603 Article 39 of PD 603 provides, Effects of Adoption. - The adoption shall:

x x xThe adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him, except that if the latter are both dead, the adopting parent or parents take the place of the natural parents in the line of succession, whether testate or interstate.

Documents

Adopted Child