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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

In Bacolod City, 15-year-old foundling Amara, whose parentage is unknown, is in the custody of the Department of Social Welfare and Development (DSWD). A Filipino husband, Daniel (45), and his foreign wife, Eva (40), married for 8 years and with no biological children, file a petition in the trial court to adopt Amara and to have her declared their legal child. They reside in Bacolod City. (a) Under the Family Code and Republic Act No. 11642, is Amara eligible to be adopted by this mixed-citizenship couple? Identify the controlling rule and apply it to these facts. (b) If Amara is eligible, what essential limitation or requirement must be met by the adopters and the adoptee for the adoption to proceed? Apply the rule to Daniel and Eva’s situation.

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No; Foreign nationals cannot adopt a child in domestic adoption; They must pursue intercountry adoption through the Inter-Country Adoption Board (ICAB). Yes; Domestic adoption may be pursued by a Filipino citizen and a foreign national as co-adopters, provided they file in the trial court and pass the required home study. Yes; Amara is eligible to be adopted by a mixed-citizenship couple because foundlings and those in DSWD custody are always eligible for adoption regardless of citizenship, and the adopters need only pass the home study. No; Because the child is 15, adoption is only possible if the adoptee is a consenting adult.

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