A non orphan child is legally adopted in philippines, what will law do if original mom of kid wants him back?

Question

a woman in philippines have adopted a non orphan kid with all required legal formalities...now the original mother of the child wants the child back to herself....how can the woman who have adopted the child keep the child in her custody legally....what legal provisions are there for the legal mother in philippines?

Answer 1

Hi, I found these two websites that talk about domestic adoption in the Philipines.  I hope they help you.

http://www2.mozcom.com/~kbf/AdoptionAct.... -

http://www.adoptionphil.blogspot.com -

Answer 2

the law states that adoption is permenant, and all former ties with the original mother are severed.

the child is a part of the new family, technically giving him back would basically be adopting all over again.

to take back a child is only ever done in "exceptional circumstances", in all other cases, the child is the new legal mother's own, and the woman who gave her child up has no rights to him/her anymore.

-edit- that is 100% accurate in terms of UK law, and is a general rule for most of the parts of USA, and most of the rest of the world, phillipines included. the woman cannot reclaim the child unless she can prove that the circumstances where exceptional, for example, if her child was taken away by social services to protect the child, but she was able to prove that this was in the wrong, then she'd have a case for reclaiming the child.

otherwise, the child is the child of the legal parents, and the birthmother has -no- legal powers or rights at all since the adoption process was completed.

the law will work in the favour of the legal mother, as -she- is the mother, in the eyes of the law, there is no relationship between the birthmother and the child now.

the birthmother-post adoption hasn't even got a right to see the child, or contact them, she confers -all- her rights to the new legal mother in the adoption process, it is only with a courts approval that she may even attempt to get in touch with the child, and that will only happen in exceptional circumstances, aka, when the mother can prove that there were reasons that the child should never have been legally adopted, and that is true for USA and UK law, and as there are no specific laws against this that i can find in phillipine laws, it's safe to assume that it works the same way there too.

Adoption is a permenant one - way process, that will only be reveresed in exceptional circumstances, that is why fostering is available ( a kind of temporary adoption), post adoption, the birthmother is in all essence, a stranger to the child, and such has no rights, legal or otherwise, regarding the child.

good luck, hope that helps you.

Answer 3

the mother always has a right for the child back no matter what the stage of the adoption is. the court will decide but there will be a lot involved in it she has to be proven fit and explane why she would have give the child up and why now she is willing to care for it so forth this happend to my sister and they went to court for 2 years and after all the cost and hearings and hasle of traveling they found that the mother was not able to tent for the child so they did not give the child back and i will tell you it is very costly she morged her house and went 16 thousand dollers in the whole but a child love really is priceless

Answer 4

As far as I'm aware u don't have to be a orphan to be adopted. lots of people r adopted for different reasons not always cause the parents r dead. if the child is legally adopted then the biological mother cant have the child back.

Answer 5

I would contact a lawyer there but I would say that since the adoption is a done deal, she has nothing to worry about

Answer 6

If it's imperative that you keep this child in your custody, spend the money for a lawyer. You can't count on us knowing Phillipino laws.