Things to consider in child adoption - Katrina Legarda

Here is a letter from the mailbag. It is
interesting, so this week we will talk a little about adoption. The first thing
you have to know is that when a foreigner or a former Filipino adopts a Filipino
child, the child's citizenship does not change. Adoption only makes that child a
legitimate child of the adopter, OK? So don't hasten to give up your children to
your relatives living abroad, hoping that your children will have a better life.
What if the foreign government will not give the newly-adopted child a visa?

 

And so to the letter:

"hello atorni,

i have question regarding adoption.

my sister-in-law adopted a child. they make it
appear on the birth certificate that she is the one who gave birth.

the parents also executed a document that they are
giving their child in favor of my sister-in-law and it is being notarized.

my questions are:

1. is the adoption that she made, LEGAL?

2. is the document that the parents is executing
can be basis of the legallity of the adoption?

3. the notary public, what he done is legal? don't
he has any liability of his doing? because he is the one who helped in preparing
for the birth certificate, where in fact he knows the real situation.

hoping for your attention with my letter.

thank you.

god bless and more power."

"Den", you are right to be concerned. NO adoption
occurred. Instead, a crime occurred, the falsification of a birth certificate,
and everyone involved can go to jail. Worse, if that child is later abused, like
for example, the child is sold into prostitution, everyone involved can face
prosecution under the Anti-Trafficking Law. (I will discuss this law one day. It
is very interesting.)

 

The document the parents of the child prepared and
are having notarized is probably a Consent to Adoption. This can be the basis of
a future adoption of the child in the courts. What happens is that the Consent
to Adoption is brought to the DSWD, which will then conduct a case study of
first the parents [They are called the natural parents]who are giving up the
child, and then a home study of the couple who wish to adopt the child [they are
called the adopting parents]. If the DSWD is satisfied, the DSWD will have the
parents of the child sign a Deed of Voluntary Commitment, which means that the
child is ready for adoption. By the way, the natural parents have six months
from signing of this Deed to change their minds. Then, a lawyer will file a
petition for adoption with the court. It is harder to adopt than to have sex and
have a baby, so the adopting parents have to be very very sure that they are
ready to present all sorts of papers to prove they are financially capable, are
of good moral character, and are not criminals.

 

Judges are being trained to ensure that an adoption
goes as quickly as possible, because the pediatricians and child abuse
specialists inform the judges that the sooner a child is in a home where he is
loved, the less likely the child will become a juvenile delinquent.

 

Yes, the lawyer who prepared the false certificate
of birth can be disbarred. Lawyers are not supposed to give illegal advise,
however persuasive the client might be. It is a lawyer's job to tell the client
what he cannot do, which is why the lawyer should know what the client can do
instead.

 

Now, finally, and for your information, the problem
with what your sister-in-law did is that everyone in the family knows that she
did not give birth, right? So, a situation may arise where your sister-in-law
becomes a widow, and the only one left is this "adopted" child. This child is
not a compulsory heir of her husband(I discussed this in a column recently).
What does that mean? The brothers and sisters of the husband of your
sister-in-law or his parents if they will still be alive, will be the compulsory
heirs.... AND THEY CAN GO TO COURT TO PREVENT THE CHILD FROM GETTING ONE CENT
FROM THE ESTATE. Tragedy and disaster, 'di ba?