|
Article 1072 Where a person adopts the child of another as his own child, the adopter is called the adoptive father or adoptive mother and the person adopted is called the adopted son or adopted daughter. Article 1073 The adopter shall be at least twenty years older than the person to be adopted. Article 1073-1 None of the relatives as follows may be adopted as an adopted child: (1) Lineal relatives by blood; (2) Lineal relatives by marriage, except adoption of the other party's child by either the husband or the wife; and (3) Collateral relatives by blood or marriage of a different rank, except the former is beyond the eighth degree of relationship and the latter beyond the fifth degree of relationship. Article 1074 Where a married person is to adopt a child, he or she shall do so jointly with his or her spouse except he or she adopts the other party's child. Article 1075 Except in the case provided in the preceding article, a person shall not be simultaneously the adopted child of two persons. Article 1076 Where a married person is to be adopted, the consent of his spouse shall be obtained. Article 1077 The relationship between an adopted child and his adoptive parents, is the same as that between a legitimate child and his parents, unless otherwise provided for by law. Article 1078 An adopted child assumes the surname of the adopter. Where a married person adopts a child, the provisions in Article 1059 shall be applied to the surname of the adopted child. Article 1079 Adoption shall be effected in writing, unless the person to be adopted is younger than seven years of age and has no statutory agent. Except in the absence of a statutory agent, a minor of younger than seven years of age shall make the declaration of intention and accept the declaration of intention through his statutory agent when he is to be adopted. Except in the absence of a statutory agent, a minor of elder than seven years of age shall obtain the consent of his statutory agent when he is to be adopted. Adoption of a child shall be applied to the court for the admission. The Court shall not admit the adoption under any of the following conditions: (1) Adoption on the ground that it is null and void or it may be annulled; (2) Upon the presence of the supporting facts, the adoption is proved to be unfavorable to the adopted child; or (3) When an adult is to be adopted, according to the existing condition, the adoption is proved to be unfavorable to his natural father and mother. Article 1079-1 If the adoption of a child violates the provisions in Articles 1073, 1073-1 and 1075, it is null and void. Article 1079-2 If the adoption of a child violates the provisions in Article 1074, the spouse of the adopter may apply to the court for annulment of the adoption; however such application shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court. If the adoption of a child violates the provisions in Article 1076 or the third paragraph of Article 1079, the spouse of the adopted person, or his statutory agent may apply to the court for annulment of the adoption; but such application shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court. The provisions in Articles 1082 and 1083 shall be mutatis mutandis applied to the adoption annulled by the judgment of the court pursuant to the provisions in the preceding two paragraphs. Article 1080 The relationship between an adopted child and his adoptive parents may be terminated by mutual agreement of both parties. The termination mentioned in the preceding paragraph shall be made in writing. If the adopted child is younger than seven years of age, the intention to terminate the adoptive relationship shall be declared on his behalf by the person who will be his statutory agent after the termination of the adoption. If the adopted child is a minor of elder than seven years of age, the termination of the adoptive relationship shall be subject to consent of the person who will be his statutory agent after the termination of the adoption. After the death of the adopted parents, the adopted child who can not support his living and is unable to earn his living may apply to the court for approval of terminating the adoptive relationship. The provisions of the preceding third and fourth paragraphs shall be mutatis mutandis applied to the application referred to in the preceding paragraph. Article 1081 Where either the adoptive parent or the adopted child is found in one of the following conditions, the court may at the instance of the other party, terminate their adoptive relationship: (1) Where one party has abused or grossly insulted the other; (2) Where one party has deserted the other in bad faith; (3) Where the adopted child has been sentenced to not less than two years' imprisonment; (4) Where the adopted child has spent money wastefully; (5) Where it has been uncertain for three years whether the adopted child is alive or dead; (6) Where other grave events exist. Article 1082 Where the adoptive relationship has been terminated by the judgment, and the innocent party is thereby reduced to difficulties in livelihood, he may demand payment of an equitable sum of money from the other party. Article 1083 From the time of the termination of the adoptive relationship, the adopted child resumes his original surname and his relationship to his parents by birth. The existing rights of the third parties, however, will not be affected thereby.
|