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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Facts: A married couple Ramon and Tara petition in the trial court to adopt their 22-year-old ward Nico, who was found abandoned as a baby and has lived with them since his late teens. Nico now seeks to formalize the arrangement through an adult adoption. A paternal grandfather objects to the adoption, arguing that it would sever Nico’s bloodline and deprive him of potential inheritance from the paternal line. A social welfare report recommends adoption, and the court grants the petition after welfare evaluation. The grandfather appeals. (a) Is the consent of the adoptee required for this adoption, given Nico is an adult? Under what conditions may the petition proceed if consent cannot be obtained? (b) What is the effect of a final adoption on Nico’s filiations and inheritance rights, particularly as between Nico, Ramon and Tara, and the paternal grandfather?

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In adult adoptions, the adoptee’s consent is not required; the court may grant the petition if welfare considerations are favorable; filiations to the birth family remain intact and the paternal grandfather may still inherit from Nico’s estate. The paternal grandfather can override the adoption by filing a separate action to preserve bloodline inheritance, notwithstanding the court’s adoption decree. The adoptee’s consent is required only if the adoptee is under 25; since Nico is 22, consent is not strictly required, and the petition may proceed on welfare grounds alone. The adoptee’s consent is required for adult adoptions; since Nico is 22, his consent must be obtained; if consent cannot be obtained, the petition cannot be granted; upon final adoption Nico becomes the legitimate child of Ramon and Tara and is severed from filiations to the birth family, including the paternal grandfather, who hence loses rights to Nico’s estate.

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