Book 1:

Title XI. – PARENTAL AUTHORITY

CHAPTER 5 > ADOPTION

Art. 334. Every person of age, who is in full possession of his civil rights, may adopt. (173a)

Art. 335. The following cannot adopt:

(1) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction;

(2) The guardian, with respect to the ward, before the final approval of his accounts;

(3) A married person, without the consent of the other spouse;

(4) Non-resident aliens;

(5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations;

(6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months’ imprisonment or more. (174a)

Art. 336. The husband and wife may jointly adopt. Parental authority shall, in such case, be exercised as if the child were their own by nature. (n)

Art. 337. Any person, even if of age, may be adopted, provided the adopter is sixteen years older. (173a)

Art. 338. The following may be adopted:

(1) The natural child, by the natural father or mother;

(2) Other illegitimate children, by the father or mother;

(3) A step-child, by the step-father or step-mother. (n)

Art. 339. The following cannot be adopted:

(1) A married person, without the written consent of the other spouse;

(2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;

(3) A person who has already been adopted. (n)

Art. 340. The written consent of the following to the adoption shall be necessary:

(1) The person to be adopted, if fourteen years of age or over;

(2) The parents, guardian or person in charge of the person to be adopted. (n)

Art. 341. The adoption shall:

(1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter:

(2) Dissolve the authority vested in the parents by nature;

(3) Make the adopted person a legal heir of the adopter;

(4) Entitle the adopted person to use the adopter’s surname. (n)

Art. 342. The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him. (177a)

Art. 343. If the adopter is survived by legitimate parents or ascendants and by an adopted person, the latter shall not have more successional rights than an acknowledged natural child. (n)

Art. 344. The adopter may donate property, by an act inter vivos or by will, to the adopted person, who shall acquire ownership thereof. (n)

Art. 345. The proceedings for adoption shall be governed by the Rules of Court insofar as they are not in conflict with this Code. (n)

Art. 346. The adoption shall be recorded in the local civil register. (179a)

Art. 347. A minor or other incapacitated person may, through a guardian ad litem, ask for the rescission of the adoption on the same grounds that cause the loss of parental authority. (n)

Art. 348. The adopter may petition the court for revocation of the adoption in any of these cases:

(1) If the adopted person has attempted against the life of the adopter;

(2) When the adopted minor has abandoned the home of the adopter for more than three years;

(3) When by other acts the adopted person has definitely repudiated the adoption. (n)

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