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puede bang iadopt ng legal ang bata khit nandito ang nanay.?

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red_rd24


Arresto Menor
im a lesbian... gusto ko lng malaman kung puede bng mapunta skin yung bata ng legal khit nandito ang nanay? pinapabayaan lng kc ang bata. pro cnasabi nya n concern sya pro niminsan hindi nya inalagaan. lagi umaalis ng bahay at iba iba ang cnasabi nya n trabaho nya kung minsan 1wik hindi umuuwi. ano ang puede kong gawing hakbang pra s legal adoption? s tingin ko kc ginagawa lng nyang dahilan ang anak nya pra hindi sya umalis dito. nung una kc gusto nya ipalaglag yung bata pro cnabi ko n ako ng bahala pro s ginagawa nya ngayon gusto ko n sya umalis kc yung bata lng ang naiipit.sna mapayuhan nyo ako. tnx

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Attentionseeker


Prision Correccional
Hindi lalabas na maganda ang intention mo! una dineclare mo lesbian ka pangalawa dadaan sa DSWD bago maka ampon ng bata pangatlo lalabas na pakalamera ka! ireport mo sa DSWD kung talagang concern ka pero hindi ibig sabihin nito mapupunta sa yo ang bata!

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attyLLL


moderator
you can file a petition for adoption and allege abandonment, but if the court does not agree with you and the mother does not give her consent, your petition will be denied.


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red_rd24


Arresto Menor
thank you... attyLLL. Smile ... ask ko n din pla pano kung yung mother nung bata hindi n bumalik and hindi n din macontact. puede ko b i adopt khit alang consent ng mother? thnx again.

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shad_marasigan


Reclusion Perpetua
No.. what attyL said was to file a petition with the court for adoption. At this point, you can't do anything but to wait for the court order if your petition would be granted or denied.

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shad_marasigan


Reclusion Perpetua
What you can do perhaps is to bring the child to Barangay. Ipapa blotter po yan at ipapahanap po ung mga parents including the father. Or the grandparents or relatives. The barangay may refer the child to DSWD pag walang sumipot within a reasonable time.

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red_rd24


Arresto Menor
shad_marasigan: thank you.... pro if ever n my sumipot n relative posible hindi n s dswd mapunta yung bata pag napagkasunduan nmin halimbawa n iwan n lng skin? pro ala prin akong laban pag bumalik ang nanay? tama po b?

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shad_marasigan


Reclusion Perpetua
Ang Core issue po ay Can minor children be legally adopted without the written consent of a natural parent on the ground that the latter has abandoned them?

The answer should be in negative. According to the rules of the court and also in the case of HERBERT CANG vs.
COURT OF APPEALS and Spouses RONALD V. CLAVANO and MARIA CLARA CLAVANO (G.R. No. 105308 September 25, 1998)

Ang ginamit na basis dito ng court ay Rule 99 Section 3

SEC. 3. Consent to adoption.—There shall be filed with the petition a written consent to the adoption signed by the child, if fourteen years of age or over and not incompetent, and by the child's spouse, if any, and by each of its known living parents who is not insane or hopelessly intemperate or has not abandoned such child, or if there are no such parents by the general guardian or guardian ad litem of the child, or if the child is in the custody of an orphan asylum, children's home, or benevolent society or person, by the proper officer or officers of such asylum, home, or society, or by such person; but if the child is illegitimate and has not been recognized, the consent of its father to the adoption shall not be required.

If the person to be adopted is of age, only his or her consent and that of the spouse, if any, shall be required.

Under the new Rule on Adoption, the petition of adoption shall include the following

Section 11. Annexes to the Petition. – The following documents shall be attached to the petition:
A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the proper government instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;
4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and
5. The spouse, if any, of the adopter or adoptee.

It seemed that the new rule on adoption made it mandatory the express consent of the biological parents.

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red_rd24


Arresto Menor
thank you

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