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Legal Insights on Adoption Consent

This case involved a petition for adoption filed by a couple for a 3-day old child that the child's mother had given to her attorney, Ms. Velasquez, without wishing to be identified. The lower court dismissed the petition due to lack of parental consent. However, the Supreme Court ruled that Ms. Velasquez, as the de facto guardian who had custody of the abandoned child, could provide valid consent to the adoption as the natural mother had abandoned the child. Therefore, Ms. Velasquez' written consent satisfied the requirements of the Civil Code, and the adoption petition was approved.

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152 views1 page

Legal Insights on Adoption Consent

This case involved a petition for adoption filed by a couple for a 3-day old child that the child's mother had given to her attorney, Ms. Velasquez, without wishing to be identified. The lower court dismissed the petition due to lack of parental consent. However, the Supreme Court ruled that Ms. Velasquez, as the de facto guardian who had custody of the abandoned child, could provide valid consent to the adoption as the natural mother had abandoned the child. Therefore, Ms. Velasquez' written consent satisfied the requirements of the Civil Code, and the adoption petition was approved.

Uploaded by

Demi Lewk
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Duncan vs.

CFI of Rizal
(Branch X)
69 SCRA 298, February 10, 1976

Law on adoption
SYLLABUS FACTS

Adoption; Guardianship, Petitioner-spouses filed a petition with


One to whom a 3-day old respondent court for the adoption of a child
child was given by its previously baptized and named by them as Colin
mother who does not Berry Christensen Duncan, with a written
wish to be identified may x consent from Atty. Velasquez, the guardian of
be considered as the the child. Respondent court dismissed the
guardian exercising petition for adoption due to lack of parental
patria potestas over such consent as required by Art. 340 of the Civil
abandoned child and Code, as it was made known by witness
competent to give Velasquez that she knew the identity of the
consent to the adoption mother who gave her the child but could not
of the latter. reveal it because it would be violative of their
client-attorney relationship.

ISSUE
Whether or not the written consent of Velasquez satisfies the requirements of Art. 340 of
the Civil Code.

RULING
Yes. While Art. 340 of the Civil Code requires the
written consent of parents, guardian or person in
charge of the person to be adopted, Rule 99 of the
Rules of Court also provided that the parental consent
shall be required only when such parent has not
abandoned the child. Further, for illegitimate children
not recognized by their father, the consent of the
father shall not be required. When Colin was turned
over to witness Velasquez, the natural mother, from
that date on to the time of the adoption proceedings in
court, has not bothered to inquire into the condition of
the child, much less to contribute to the livelihood,
maintenance, and care of the same. Hence, this parent
is the antithesis of that described in the law as “known
living parent…who has not abandoned such child.”
Through this fact, the Court has declared that she has
already abandoned her child with all legal
consequences attached thereto. As the Court
recognized that Velasquez was a de facto guardian
exercising patria potestas over the abandoned child
due to the fact that it was she who had the mantle of
protection over the hapless and helpless infant and
who had actual and physical custody of the child, the
requirements of Art. 340 have been complied with.

WHEREFORE, in the light of the foregoing, the decision of the respondent Judge of the Court of First
FALLO
Instance of Rizal, Branch X, in Sp. Proc. No. 5457, dated June 27, 1968, is hereby annulled, and We
declare that the minor Colin Berry Christensen Duncan is the adopted child and the heir of petitioners
Robin Francis Radley Duncan and Maria Lucy Christensen.

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