KAT'S EYE

By KATRINA LEGARDA

The first thing you have to know is that when a foreigner or a former Filipino adopts a Filipino child, the child's citizenship does not change. Adoption only makes that child a legitimate child of the adopter, OK? So don't hasten to give up your children to your relatives living abraod, hoping that your children will have a better life.

Here is a letter from the mailbag. It is interesting, so this week we will talk a little about adoption. The first thing you have to know is that when a foreigner or a former Filipino adopts a Filipino child, the child's citizenship does not change. Adoption only makes that child a legitimate child of the adopter, OK? So don't hasten to give up your children to your relatives living abroad, hoping that your children will have a better life. What if the foreign government will not give the newly-adopted child a visa?

And so to the letter:

"hello atorni,

i have question regarding adoption.

my sister-in-law adopted a child. they make it appear on the birth certificate that she is the one who gave birth.

the parents also executed a document that they are giving their child in favor of my sister-in-law and it is being notarized.

my questions are:

1. is the adoption that she made, LEGAL?

2. is the document that the parents is executing can be basis of the legallity of the adoption?

3. the notary public, what he done is legal? don't he has any liability of his doing? because he is the one who helped in preparing for the birth certificate, where in fact he knows the real situation.

hoping for your attention with my letter.

thank you.

god bless and more power."

"Den", you are right to be concerned. NO adoption occurred. Instead, a crime occurred, the falsification of a birth certificate, and everyone involved can go to jail. Worse, if that child is later abused, like for example, the child is sold into prostitution, everyone involved can face prosecution under the Anti-Trafficking Law. (I will discuss this law one day. It is very interesting.)

The document the parents of the child prepared and are having notarized is probably a Consent to Adoption. This can be the basis of a future adoption of the child in the courts. What happens is that the Consent to Adoption is brought to the DSWD, which will then conduct a case study of first the parents [They are called the natural parents]who are giving up the child, and then a home study of the couple who wish to adopt the child [they are called the adopting parents]. If the DSWD is satisfied, the DSWD will have the parents of the child sign a Deed of Voluntary Commitment, which means that the child is ready for adoption. By the way, the natural parents have six months from signing of this Deed to change their minds. Then, a lawyer will file a petition for adoption with the court. It is harder to adopt than to have sex and have a baby, so the adopting parents have to be very very sure that they are ready to present all sorts of papers to prove they are financially capable, are of good moral character, and are not criminals.

Judges are being trained to ensure that an adoption goes as quickly as possible, because the pediatricians and child abuse specialists inform the judges that the sooner a child is in a home where he is loved, the less likely the child will become a juvenile delinquent.

Yes, the lawyer who prepared the false certificate of birth can be disbarred. Lawyers are not supposed to give illegal advise, however persuasive the client might be. It is a lawyer's job to tell the client what he cannot do, which is why the lawyer should know what the client can do instead.

Now, finally, and for your information, the problem with what your sister-in-law did is that everyone in the family knows that she did not give birth, right? So, a situation may arise where your sister-in-law becomes a widow, and the only one left is this "adopted" child. This child is not a compulsory heir of her husband(I discussed this in a column recently). What does that mean? The brothers and sisters of the husband of your sister-in-law or his parents if they will still be alive, will be the compulsory heirs.... AND THEY CAN GO TO COURT TO PREVENT THE CHILD FROM GETTING ONE CENT FROM THE ESTATE. Tragedy and disaster, 'di ba?

I will write more about adoption next time. As always, you can write me through newsfeedback@abs-cbn.com.