SC: Consent of adopter's children required in adoption petitions

The Supreme Court on Wednesday reiterated that the consent of the adopter’s legitimate children aged at least 10 years old is required in adoptions.

In a 10-page decision, the SC Third Division denied the petition for review on certiorari filed by Nena Bagcat-Gullas challenging the ruling of the Court of Appeals (CA), which in turn affirmed a decision of a regional trial court (RTC) that set aside an adoption decree granted to her.

The adoption decree was for a child who used to live with her biological mother at the house of Bagcat-Gullas and her husband, Jose.

According to the SC, after the child was abandoned by her mother, Bagcat-Gullas and Jose provided for the child's needs.

In May 2016, Bagcat-Gullas and Jose filed a petition for the child's adoption and correction of entries in the child's birth record before an RTC.

Though the RTC initially granted the petition for adoption, it set the ruling aside after the legitimate children of Jose claimed they were indispensable parties.

This led the RTC to reinstate the case and issue summons to Bagcat-Gullas and her husband, a move that they opposed.

The RTC and the CA both denied their motion, leading Bagcat-Gullas to file the present petition before the SC.

However, in dismissing the petition, the SC stressed that Section 9(c) of Republic Act 8552 or the Domestic Act of 1998 states that written consent of legitimate children aged at least 10 years old is required for adoption.

“In the case of the respondents, it is undisputed that they were all over 10 years old at the time of the adoption proceedings. Their written consent, therefore, was necessary for the adoption to be valid,” it said.

Due to this, the SC said the judgment previously rendered by the RTC is void.

“The absence of an indispensable party renders all subsequent actions of the court null and void, as such, the court has no authority to act not only as to the absent party but also as to those present,” it said. —KBK, GMA Integrated News