Amending Articles 27, 28, 29 , 31, 33, And 35 Of Presidential Decree No. 603, Otherwise Known As The "Child And Youth Welfare Code"

Case Overview and Summary

Summary of Executive Order No. 91 Amending the Child and Youth Welfare Code

Eligibility for Adoption (Art. 27):
- Any person of age and in full possession of civil rights may adopt, provided they can support their legitimate, legitimated, acknowledged natural, or illegitimate children.
- Aliens not permanently residing in the Philippines must reside for at least 1 year before filing for adoption, reside during the trial custody period, and comply with rules issued by the Council for the Welfare of Children. This requirement may be reduced or waived if related by blood or affinity to the child.
- The adopter must be at least 15 years older than the adoptee.

Disqualifications for Adoption (Art. 28):
- A married person without the spouse's written consent.
- A guardian with respect to the ward before final approval of accounts.
- A person convicted of a crime involving moral turpitude.
- An alien disqualified by their country's laws or whose country has broken diplomatic relations with the Philippines.
- An alien whose government or residence has no agency to provide professional evaluation (Homestudy) and post-placement services.

Joint Adoption by Husband and Wife (Art. 29):
- Husband and wife may jointly adopt, exercising parental authority as if the child were their own.
- If one spouse is an alien, both must jointly adopt, otherwise adoption is not allowed.

Consent Required for Adoption (Art. 31):
- The adoptee, if 14 years or older.
- The natural parents or legal guardian, after counseling and social services from the Ministry of Social Services and Development or a licensed child-placement agency.
- The Ministry of Social Services and Development or licensed child-placement agency under whose care and legal custody the child is.
- The natural children, 14 years and above, of the adopting parents.

Case Study Requirement (Art. 33):
- The Ministry of Social Services and Development must conduct a case study of the child, natural parents, and prospective adopting parents, and submit a report and recommendations to the court.
- The Ministry shall intervene on behalf of the child if it finds that the petition should be denied.

Trial Custody Period (Art. 35):
- No adoption petition shall be granted until the adopting parents are given a supervised trial custody period of at least 6 months to assess their adjustment and emotional readiness.
- The court may reduce or waive the trial custody period if it is in the best interest of the child, stating its reasons.
- Aliens not permanently residing in the Philippines must complete the trial custody period, except in cases provided for in Article 27.