Filipinos who wish to adopt abroad may have this adoption recognized in the Philippines. If a foreign spouse of a Filipino citizen can get an adoption decree over the child of the latter from a foreign court in his favor, he or she may have the same recognized in the Philippines by a Philippine court.

Private international law offers no obstacle to recognition of foreign adoption. This rests on the principle that the status of adoption, created by the law of a State having jurisdiction to create it, will be given the same effect in another state as is given by the latter state to the status of adoption when created by its own law. (Marcaida v. Aglubat, G.R. No. L-24006,  25 November 1967)

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In case of a judgment or final order of a tribunal of a foreign country having jurisdiction to render the same against a person, the same is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. In a foreign judgment relating to the status of adoption involving a citizen of a foreign country, Philippine courts will only decide whether to extend its effect to the Filipino party. (Suzuki v. OSG, G.R. No. 212302, 02 September 2020)

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A foreign adoption decree may be recognized in the Philippines by filing a Petition for Judicial Recognition of Foreign Adoption Decree before the Regional Trial Court (“RTC”) having jurisdiction over the Local Civil Registry Office (“LCRO”) where the Philippine birth certificate of the adopted child is registered.

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Recognition and enforcement of a foreign judgment or final order require only proof of fact of such foreign judgment or final order. If the foreign country and the Philippines are parties to the Apostille Convention, the foreign judgment of adoption should be apostilled. It can also be authenticated by the Philippine Consulate or Embassy in that country. The foreign adoption decree with the apostille or authentication can be presented without further proof, the apostille or authentication being prima facie evidence of the due execution and genuineness of the said document.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on concerns regarding adoption, consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm that provides assistance in matters concerning civil registration, adoption, and family law. For consultations: book an appointment or reach us at  +63 (32) 316-1540 or +63 917 188 0361.