Parent’s consent not always necessary in adoption

Parent’s consent not always necessary in adoption "My son married a woman who already has a child. My son and his wife intend to adopt the latter’s illegitimate child. However, the biological father of the child refuses to give his consent to the purported adoption. Notably, the only connection and participation that the biological father has with respect to the child is that the child bears the biological father’s surname. Worth mentioning is the fact that since the child was born, there was neither support, communication, visitation nor a promise of future support from the biological father. Can my son and his wife adopt the latter’s child even without the biological father’s consent? AuroraDear Aurora, The answer to your query is in the affirmative. Republic Act 8552, otherwise known as the “Domestic Adoption Act of 1998,” provides that the written consent of the biological parent/s of the child is/are necessary for the adoption, viz:“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: “(a) The adoptee, if ten (10) years of age or over“(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child “(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any“(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter’s spouse, if any and“(e) The spouse, if any, of the person adopting or to be adopted.” (Emphasis supplied)A perusal of the rule requires the consent of the biological parent for the adoption of the child. Hence, if we will just apply the above-mentioned law, the consent of the child’s biological father would be indispensable. However, as held by the Supreme Court in the case of Cang vs Court of Appeals (GR 105308, Sept. 25, 1998), penned by Associate Justice Flerida Ruth Romero, when a child is abandoned by the biological father, the latter’s consent would no longer be necessary, to wit:“As clearly inferred from the foregoing provisions of law, the written consent of the natural parent is indispensable for the validity of the decree of adoption. Nevertheless, the requirement of written consent can be dispensed with if the parent has abandoned the child or that such parent is “insane or hopelessly intemperate.” The court may acquire jurisdiction over the case even, without the written consent of the parents or one of the parents provided that the petition for adoption alleges facts sufficient to warrant exemption from compliance therewith. This is in consonance with the liberality with which this Court treats the procedural aspect of adoption.” (Emphasis supplied)Thus, for the Adoption Court to acquire jurisdiction notwithstanding the lack of the biological father’s written consent it is necessary for the petitioners to allege facts sufficient to show the biological father’s abandonment.Abandonment was described by the Supreme Court in the case of Santos vs. Aranzanso (GR L-23828, Feb. 28, 1966), penned by Associate Justice Jose Bengzon, in this wise:“Abandonment — under persuasive American rulings — imports ‘any conduct on the part of the parent which evinces a settled purpose to forgo all parental duties and relinquish all parental claims to the child.’ It means ‘neglect or refusal to perform the natural and legal obligations of care and support which parents owe to their children.’ (2 Am. Jur. 2d, Adoption, Sec. 32, pp. 886-887.) It can thus readily be seen that although the CFI judgment approving the adoption does not use the word ‘abandoned,’ its findings sufficiently contain a set of facts and circumstances which truly constitutes a finding of abandonment.”We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our narration of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/