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Children of former marriage refused to give consent in adoption of biological child of new spouse

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vivingrid


Arresto Menor
I have a friend who wanted to adopt their biological child. The husband was previously married and when the child was born the annulment was still in process so the kid was illegitimate. When he was finally annulled, they get married and had 3more kids. They want to adopt the first born child to legitimize the status of the child but the children of the previous marriage of the husband does not want to give their consent since they are all above 10 years of age. Is it okay to push through the adoption since the purpose is clearly to legitimize the status of the child which will be for the best interest of the child. I already did my research but cant find any jurisprudence of the same nature. Please help.

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concepab


Reclusion Perpetua
They cannot proceed with the adoption without the consent of the father.

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Drummer Boy


Arresto Menor
I say pursue the adoption. From what I understand,the biological father,no less, is the party who intends to adopt his child.

Had there been no legal impediment for the parents to marry at the time the child was born,then by the subsequent marriage of the parents,the child would have been legitimated or if the legal impediment was only minority,he would have been also legitimated.

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concepab


Reclusion Perpetua
I see. sorry i misunderstood the situation. Very Happy
but the consent of the children from her previous husband is one of the necessary to proceed, right?

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Drummer Boy


Arresto Menor
Yes Sir,because accordingly the children from the previous marriage are all over ten years of age,thus their consent are likewise required under the law. But I submit that the Court will give preference or will consider what would be for the best interest of the child. That's just my opinion though.

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concepab


Reclusion Perpetua
i must agree Wink

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attyLLL


moderator
it will be a gamble, but the law clearly states it is required. in the end the judge might grant it, and no one might object.


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