Breaking boundaries: Exploring possible justification to an amendment of the inter-country adoption law to allow foreign same-sex married couples to jointly adopt a Filipino child
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ID: 286474
2017
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Abstract
The Inter-Country Adoption Code of the Philippines (Republic Act No. 8043) provides the guidelines on who can legally adopt a child. Although a foreign same-sex married couple is recognized to be a legally married by their national law, Section 9 of the Inter- Country Adoption Law provides that the adopter should possess all the qualifications stipulated and none of the disqualifications provided in the said law and in all other Philippine laws. The said paragraph seems to disqualify same-sex couples from jointly adopting because their union does not fall within the Philippine concept of marriage as defined by Article 1 of the Family Code, which requires that the union be between a man and a woman. In connection with the recent development of legalization of same-sex marriages in foreign countries and given the legal mandate of protecting the best interests of the child, the proponent asserts that same-sex couples, legally married abroad, can jointly adopt a Filipino child, in accordance with the Inter-Country Adoption Law.
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| Authors | Del Rosario, Eravel Mae Cervantes |
| Journal | Malay Journal |
| Year | 2017 |
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