Dear Atty. Joji Alonso,

My sister and her husband died in a car accident in 2018. We took care of their five-year old son since he got nowhere else to go. I've been thinking of adopting the little boy, and asked the other side of the family for consent. What should I do?

Peter

Dear Peter,

In Section 5 (6) of the Rules of Domestic Adoption, a child whose biological parents have died may be adopted. But the adoption proceedings shall not be initiated within six months from the time of death of said parents.

Since you will be adopting your nephew, you must show that you are: (1) a Filipino citizen, (2) of legal age, (3) in possession of full civil capacity and legal rights, (4) of good moral character, (5) not convicted of any crime involving moral turpitude; (6) emotionally and psychologically capable of caring for the child, (7) at least 16 years older than the adoptee, and (8) in a position to support and care for the child in keeping with the means of the family.

Apart from the sufficiency of the form and substance of the petition, the adoptee and adopter must undergo a child and home study reports in addition to the supervised trial custody to determine whether they can establish a psychological and emotional attachment with each other.

While procuring the consent of the other party is not necessary, an uncontested application for adoption may help hasten the process.

If these requirements have been complied with and the adoption proves to be for the best interest of the child, the court will issue the appropriate decree of adoption.

Good luck in your adoption and thank you for taking care of your nephew. Hope this helps.

Atty. Joji Alonso