Dear PAO,
I am a Japanese citizen who adopted the legitimate child of my Filipina wife while we were living in Japan. Can such adoption be recognized in the Philippines and reflected in his birth certificate?
Takeshi
Dear Takeshi,
Yes, the adoption decree obtained in a foreign country can be recognized here in the Philippines and carry out its effects on the rights and filiation of the adopted Filipino child. To this end, a petition for judicial recognition of a foreign adoption decree must be filed in the regional trial court (RTC) having jurisdiction over the local civil registry (LCR) office where the birth certificate of the adopted Filipino child was registered. This action is akin to judicial recognition of a foreign judgment, which is allowed under Section 48, Rule 39 of the Revised Rules of Civil Procedure, to wit:
“SEC. 48. Effect of Foreign Judgments or Final Orders. — The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order, is as follows:
“(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing; and
“(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title.
“In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.”
The petition shall be filed by the adoptive parents or the adoptee, if he/she is of legal age. Generally, the documents needed to prove the validity of the foreign adoption decree include, but are not limited to, certified/authenticated copy of the foreign adoption decree, birth certificate of the adoptee, identifying documents for the adoptive parents, and proof of compliance with foreign adoption laws.
Upon judicial recognition of the foreign judgment, the rights established therein become conclusive, and the judgment serves as the basis for the correction or cancellation of entry in the civil registry. (Karl William Yuta Magno Suzuki aka Yuta Hayashi v. Office of the Solicitor General, GR 212302, Sept. 2, 2020, citing Fujiki v. Marinay, et al., 712 Phil. 524 (2013), Ponente: Associate Justice Henri Jean Paul Inting)
Once the foreign recognition has attained finality, the RTC shall direct the LCR of the adoptee’s place of birth to annotate/register the adoption. Thereafter, the annotated birth certificate and court order shall be forwarded to the Philippine Statistics Authority (PSA). The PSA shall then issue the updated birth certificate reflecting the details as ordered by the court.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
