Breaking boundaries: Exploring possible justification to an amendment of the inter-country adoption law to allow foreign same-sex married couples to jointly adopt a Filipino child

Date of Publication

6-9-2017

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Family Law

College

College of Law

Department/Unit

Law

Thesis Adviser

Ma. Soledad Margarita Deriquito-Mawis

Defense Panel Chair

Anunciacion G. Ayo

Defense Panel Member

Vyva Victoria M. Aguirre
Rene G. Pilapil Jr.

Abstract/Summary

The Inter-Country Adoption Code of the Philippines (Republic Act No. 8043) provides the guidelines on who can legally adopt a child. Although a foreign same-sex married couple is recognized to be a legally married by their national law, Section 9 of the Inter- Country Adoption Law provides that the adopter should possess all the qualifications stipulated and none of the disqualifications provided in the said law and in all other Philippine laws. The said paragraph seems to disqualify same-sex couples from jointly adopting because their union does not fall within the Philippine concept of marriage as defined by Article 1 of the Family Code, which requires that the union be between a man and a woman. In connection with the recent development of legalization of same-sex marriages in foreign countries and given the legal mandate of protecting the best interests of the child, the proponent asserts that same-sex couples, legally married abroad, can jointly adopt a Filipino child, in accordance with the Inter-Country Adoption Law.

Abstract Format

html

Language

English

Format

Electronic

Accession Number

CDTG006967

Shelf Location

Archives, The Learning Common's, 12F Henry Sy Sr. Hall

Physical Description

1 computer optical disc; 4 3/4 in.

Keywords

Intercountry adoption—Law and legislation--Philippines; Same-sex marriage—Law and legislation--Foreign countries

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Embargo Period

9-20-2024

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