This article has been superseded and is no longer the law in force.
Superseded by RA 8552 (1998), RA 11642 (2022). The former text is shown below for reference only.
If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption, the court in the same proceeding shall reinstate the parental authority of the parents by nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a guardian over the person and property of the minor. If the adopted person is physically or mentally handicapped, the court shall appoint in the same proceeding a guardian over his person or property or both.
Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. The adopted shall likewise lose the right to use the surnames of the adopters and shall resume his surname prior to the adoption.
The court shall accordingly order the amendment of the records in the proper registries. (42a, PD 603)
Adoption is now administrative
Adoption in the Philippines is now governed by Republic Act No. 11642 (2022), the Domestic Administrative Adoption and Alternative Child Care Act. Domestic adoption petitions are filed with and decided by the National Authority for Child Care (NACC), not the courts. This article was first displaced by the Domestic Adoption Act (RA 8552, 1998), which RA 11642 later repealed. The Family Code text is shown for reference only.
Read RA 11642 →Consolidated by Alleba from the text of Executive Order No. 209 (Lawphil), which already includes the changes made by Executive Order No. 227 (1987) before the Code took effect, and the amending Republic Acts in our library. Later amendments made by Presidential Decrees, Batas Pambansa or other executive orders are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.