Dear Atty. Maan,

I have a minor son from my previous marriage. Currently, I am married to a Japanese national who adopted him under the Japanese law. Last year, we filed before the RTC a Petition for Judicial Recognition of Foreign Adoption Decree to have his adoption under the Japanese law recognized in the Philippines. However, the petition was dismissed on the ground that my child, being adopted by a foreign national, has to undergo the process of Inter-Country Adoption. Is he really required to undergo the process of Inter-Country Adoption?

Kaye

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Dear Kaye,

Being a spouse of a Filipino citizen, your foreign husband therefore falls under exception (b) of item (3) of Article 184 of the Family Code which provides:

“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 not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on inter-country adoptions as may be provided by law.”

Under the Philippine law, it is therefore valid and legal for your foreign husband to adopt your legitimate child. Further, as ruled in the case of Hayashi v. Office of the Solicitor General, G.R. Nos. 212302, 2 September 2020, the rules on inter-country adoption of Filipino children will not apply in your case because your son is not a legally-free child as contemplated within the meaning of RA 8043. By definition, a “legally-free child” means a child who has been voluntarily or involuntarily committed to the Department of Social Welfare and Development, in accordance with the Child and Youth Welfare Code. Since your son is not a “legally-free child” within the contemplation of the law, he may not be the subject of inter-country adoption.

Hope this helps.

Atty. Mary Antonnette Baudi