The Vital Role of Adult Children’s Consent in Philippine Adoption Cases

G.R. No. 264146, August 07, 2023

Imagine a scenario where a loving couple seeks to adopt a child they’ve cared for as their own. However, their adult children, who stand to inherit from them, were not properly notified or asked for their consent. This raises critical questions about the validity of the adoption process and the rights of all parties involved. The Supreme Court case of Nena Bagcat-Gullas v. Joselito F. Gullas underscores the importance of obtaining the consent of adult children in adoption proceedings, highlighting the potential for a judgment to be deemed void if this requirement is not met. This case clarifies the rights of adult children and the procedural requirements for a valid adoption under Philippine law.

Understanding Indispensable Parties and Adoption Law

Philippine adoption law is governed primarily by Republic Act No. 8552, also known as the Domestic Adoption Act of 1998. This law outlines the requirements and procedures for legally adopting a child in the Philippines. One of the critical aspects of this law is the necessity of obtaining consent from certain individuals to ensure the adoption process is fair and protects the rights of all parties involved.

Specifically, Section 9 of R.A. No. 8552 states:

SECTION 9. Whose Consent is Necessary to the Adoption. — After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is hereby required:

….

(c) The legitimate and adopted sons/daughters, ten (10)-years of age or over, of the adopter(s) and adoptee, if any; . . .

This provision clearly mandates that the legitimate and adopted children, aged ten years or older, of the adopter must provide written consent for the adoption to proceed. This requirement is not merely a formality; it is a crucial safeguard to protect the rights and interests of these children, as the adoption can impact their inheritance and familial relationships.

Consider a hypothetical situation: Mr. and Mrs. Reyes decide to adopt a child. They have two adult children, both over the age of 21. Under R.A. No. 8552, the consent of these adult children is legally required. If the adoption proceeds without their informed and written consent, the validity of the adoption can be challenged in court.

The Case of Bagcat-Gullas: A Detailed Look

The case of Nena Bagcat-Gullas v. Joselito F. Gullas revolves around a petition for adoption filed by Nena Bagcat-Gullas and her husband, Jose R. Gullas, for a minor named Jo Anne Maria Ariraya. The RTC initially granted the petition, but the adult children of Jose R. Gullas—Joselito, Joie Marie, and John Vincent—subsequently contested the decision, arguing that they were indispensable parties whose consent was necessary for the adoption to be valid.

Here’s a breakdown of the case’s procedural journey:

• Initial Petition: Nena Bagcat-Gullas and Jose R. Gullas filed a petition for adoption in the RTC of Cebu City.
• RTC Decision: The RTC initially granted the petition without requiring the consent of Jose’s adult children.
• Children’s Intervention: The adult children filed a Motion for Reconsideration, asserting their right to consent as indispensable parties.
• RTC Reversal: The RTC reversed its initial decision, acknowledging the need for the adult children’s consent and ordering that they be served summons.
• CA Decision: The Court of Appeals affirmed the RTC’s reversal, emphasizing the importance of obtaining consent from indispensable parties.

The Supreme Court, in upholding the CA’s decision, emphasized the importance of this consent. The Court stated:

The law could not be any clearer. The consent of the adopter’s legitimate children, who are, at least, of the age of 10, is required for the petition for adoption to prosper.

Furthermore, the Court highlighted the necessity of personal service of summons to ensure the protection of substantive rights:

Personal service of summons should have been effected on the spouse and all legitimate children to ensure that their substantive rights are protected. It is not enough to rely on constructive notice as in this case. Surreptitious use of procedural technicalities cannot be privileged over substantive statutory rights.

Practical Implications and Key Lessons

This case has significant implications for adoption proceedings in the Philippines. It reinforces the principle that adult children of the adopter are indispensable parties whose consent is required for a valid adoption, especially concerning inheritance and familial harmony. Moving forward, it is crucial for parties seeking adoption to ensure that all indispensable parties are properly notified and given the opportunity to provide their consent.

Key Lessons:

• Consent is Crucial: Obtain written consent from all adult children of the adopter.
• Proper Notification: Ensure personal service of summons to all indispensable parties.
• Legal Counsel: Seek legal advice to navigate the complexities of adoption law.

For instance, if a couple is considering adopting a relative, they must ensure that their adult children are fully informed and provide their written consent. Failure to do so can result in the adoption being challenged and potentially invalidated.

Frequently Asked Questions

Q: Are adult children always considered indispensable parties in adoption cases?

A: Yes, under R.A. No. 8552, legitimate and adopted children aged ten years or older are considered indispensable parties and their written consent is required.

Q: What happens if an adult child’s consent is not obtained?

A: If the consent of an indispensable party is not obtained, the adoption can be challenged and may be deemed void by the courts.

Q: Can an adoption be challenged years after it has been finalized?

A: Yes, if it can be proven that the consent of an indispensable party was not obtained or that there were other jurisdictional defects, the adoption can be challenged even after it has been finalized.

Q: What is the role of the National Authority for Child Care (NACC) in adoption proceedings?

A: The NACC has original and exclusive jurisdiction over all matters pertaining to alternative child care, including domestic administrative adoption. It aims to streamline and expedite the adoption process.

Q: What if an adult child refuses to give consent?

A: If an adult child refuses to give consent, the adoption may not proceed unless there are compelling reasons and legal grounds to override the lack of consent, which is highly unlikely.

ASG Law specializes in Family Law including Adoption. Contact us or email hello@asglawpartners.com to schedule a consultation.