Adopter must be financially stable
"My sister-in-law landed a job in Singapore after my brother’s death in 2014. She left their only child in my mother’s care. She met a foreign guy in her place of deployment, and they are now cohabiting there. Unfortunately, she has been neglecting her son. She never communicates with the kid or provides any financial support for him. I am already 55 years of age, and was granted an American citizenship in 2010. I own a house and lot here in the USA, and work as part-time sales clerk. My children who are all of legal age promised to help me raise their cousin in case the adoption will be granted. May I know if I am qualified to adopt my nephew?
There are certain persons who are eligible to adopt and they are enumerated under Section 7, Article III of Republic Act (R.A.) 8552 or the Domestic Adoption Act of 1998. Paragraph (a) of the said provision states:“Any Filipino citizen of legal age, in possession of full civil responsibility and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adopted and who is in position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s parent: xxx xxx.”
Relative thereto, Section 9 of R.A. 8043 or the Inter Country Domestic Adoption Act) also states:“Any alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she is: x xx
f) in position to provide the proper care and support to give the necessary moral values and example to all his children, including the child to be adopted xxx.”The abovementioned laws clearly require that the adopter must be in a position to support and care for her children in keeping with the means of the family. This is further supported by the decision of the court in the case of Landingin vs. Republic of the Philippines (G.R. No. 164948, June 27, 2006), where the Supreme Court through Honorable former Associate Justice Romeo J. Callejo, Sr., stated:“In reversing the ruling of the RTC, the CA ruled that petitioner was not stable enough to support the children and is only relying on the financial backing, support and commitment of her children and her siblings. Petitioner contradicts this by claiming that she is financially capable as she has worked in Guam for 14 years, has savings, a house, and currently earns $5.15 an hour with tips of not less than $1,000.00 a month. Her children and siblings have likewise committed themselves to provide financial backing should the need arise. The OSG, again in its comment, banks on the statement in the Home Study Report that “petitioner has limited income.”Accordingly, it appears that she will rely on the financial backing of her children and siblings in order to support the minor adoptees. The law, however, states that it is the adopter who should be in a position to provide support in keeping with the means of the family.
Since the primary consideration in adoption is the best interest of the child, it follows that the financial capacity of prospective parents should also be carefully evaluated and considered. Certainly, the adopter should be in a position to support the would-be adopted child or children, in keeping with the means of the family.”Applying the above cited decision in your situation, it must be emphasized that the paramount consideration in adoption is the best interest of the child. Thus, you may not be qualified to adopt because it appears that you are not that financially stable to provide for the needs of the would-be adopted child, and that you are also relying on the promise of your children for financial backing.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ."
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"Adopter must be financially stable"
was written by Mary
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comments. The article was created on 14 September 2021
and updated on 14 September 2021