Opting to adopt
Adoption establishes a relationship of paternity where none existed before and the adopted becomes compulsory heir of the adopter.
It may not be clear for whose benefit adoption was practiced in the past. The trend now is to give it a social and moral purpose, to ensure that persons not blessed with love, care and support of family are provided with one.
Only a person of age and will full civil capacity and legal rights who can support and care for his children, legitimate or illegitimate, is allowed to adopt.
Since family harmony should be preserved, a couple must jointly adopt, except when one spouse seeks to adopt his illegitimate child of the other. The couple should exercise joint parental authority, regardless of whether they adopt jointly or individually.
Once the adoption becomes legal, the adopted shall be deemed the legitimate child of the adopters and both acquire reciprocal rights and obligations of parent and child, including the child’s right to use the surname of the adopters.
If the adopted is a minor at time of rescission or is physically or mentally handicapped the court shall reinstate authority of the natural parents, unless disqualified or incapacitated, in which case the court appoints a guardian.
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