Husband may adopt wife’s child out of wedlock

adopter, however, it is essential to establish the following: For Filipino citizens, they must be (1) of legal age, (2) in possession of full civil capacity and legal rights, (3) of good moral character, (4) have not been convicted of any crime involving moral turpitude, (5) emotionally and psychologically capable of caring for children, (6) at least sixteen years older than the adoptee, and (7) in a position to support and care for the children in keeping with the means of the family. The sixth requirement (16-year difference in the age of the adopter and adoptee) may be waived if the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent. For foreign citizens, they must possess the same citizens and in addition: (1) their country has diplomatic relations with the Republic of the Philippines, (2) that they have been living in the Philippines for at least three (3) continuous years prior to the and maintains such residence until the adoption decree is entered, (3) appropriate government agency to have the legal capacity to adopt in their country, and (4) that their government allows the adoptee to enter their country as their adopted child. (Section 4, Id.) Note that the requirements on residency and - tion to adopt in his country may be waived if the adopter is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth degree Filipino spouse. (Id.)

Accordingly, your husband, together with yourself, can adopt your minor illegitimate son, so as to raise the status of your son to that of legitimacy, if the above- mentioned criteria. Please be advised that the veri Trial Court, sitting as a Family Court, of the province or city where your family resides. If a change of name of the child is also prayed, the title or caption must contain your son’s registered name, aliases or other names by which he has been known, and the full name by which he is to be known. (Section 10, Id.)

We hope that we were able to answer your queries. Please be reminded that this advice is 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.