Consent of legitimate children during adoption

Dear PAO,

I am 16 years old, and I just discovered that I have a brother who is an illegitimate child of my father. He is almost the same age as me. His mother recently died, and now my father wants to make up for the years he wasn't able to be a father to his illegitimate child. My father is convincing my mother to jointly adopt his illegitimate child to give him a chance of having a whole family. However, this is a lot to process. I cannot believe that after all these years of being an only legitimate child, I have a brother. This may sound selfish but if my parents proceed with the adoption, do I have any right to say no?

Emmanuel

Dear Emmanuel,

With regard to your concern, Section 23 of Republic Act (RA) 11642 or the "Domestic Administrative Adoption and Alternative Child Care Act" provides:

"Sec 23. Whose Consent is Necessary to the Adoption – After being properly counseled and informed of the right to give or withhold approval of the adoption, the written consent of the following to the adoption are hereby required:

"(a) The adoptee, if ten (10) years of age or over;

"(b) The biological parents of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child, except in the case of a Filipino of legal age if, prior to the adoption, said person has been consistently considered and threated as their own child by the adopters for at least three (3) years;

"(c) The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;

"(d) The illegitimate children, ten (10) years of age or over, of the adopter if living with said adopter or over whom the adopter exercises parental authority and the latter's spouse if any; and

"(e) The spouse, if any, of the person adopting or to be adopted.

"Provided, that children under ten (10) years of age shall be counseled and consulted, but shall not be required to execute written consent."

The afore-mentioned provision clearly provides that as a 16-year-old legitimate child of your parents, you have the right to give or withhold approval of the adoption of the illegitimate son of your father.

In line with this, the Supreme Court, in the case of Rosario Mata Castro and Joanne Benedicta Charissima M. Castro, A.K.A. "Maria Socorro M. Castro" And "Jayrose M. Castro," vs. Jose Maria Jed Lemuel Gregorio And Ana Maria Regina Gregorio (GR 188801, Oct. 15, 2014), briefly discussed the reason why your consent, as a legitimate child, is required. The Supreme Court discussed that:

"The consent of the adopter's other children is necessary as it ensures harmony among the prospective siblings. It also sufficiently puts the other children on notice that they will have to share their parent's love and care, as well as their future legitimes, with another person."

In view of the foregoing, your right to give or withhold approval of the adoption of the illegitimate son of your father is clearly recognized by our law and jurisprudence. Without your written consent, there can be no adoption.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation 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

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