Yes. Yes, you do. The Domestic Adoption Act of the Philippines clearly says that the consent of the biological parents, if known, is necessary.[1]

The biological father’s consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.

The rationale is that the natural right of a parent to his child requires that his consent must be obtained before his parental rights and duties are terminated as to him and re-established in the adoptive parent.[2]

This requirement of the father’s consent is often a stumbling block if the mother marries another man who then wants to adopt her child.

For the husband to adopt the child, the biological father has to agree in writing.

[1] Section 9, Republic Act No. 8552.

[2] Diwata Ramos Landingin vs. Republic of The Philippines, G.R. No. 164948, June 27, 2006.

If the father refuses or is unavailable, then this can block the adoption. But there are ways around this.

The law allows exceptions to the requirement. If the written consent of the biological parent cannot be obtained, that of the legal guardian of the minors can suffice if it is alleged and shown that the parent had abandoned the child.

You must prove in court that there was abandonment by the biological parent.

Abandonment here refers to “conduct of the parent which evinces a settled purpose to forego all parental duties and relinquish all parental claims to the child.”[1]

It means neglect or refusal to perform the obligations of care and support which parents owe their children. Abandonment is determined on a case to case basis.

Abandonment is not to be ascribed lightly because the Supreme Court has ruled that a parent’s physical estrangement alone, without financial and moral desertion, is not abandonment.

There should be proof that the father had so emotionally abandoned his children that they would not miss his guidance and counsel if they were given to adopting parents.

In one case, the Supreme Court reversed a trial court’s ruling of abandonment. Although a father had long been physically absent, that father had continued to communicate with and support the children – even if the amount the father could provide was not as much as what they might enjoy from the wealthier adoptive parents.

The Supreme Court ruled that the discretion to approve adoption proceedings is not anchored solely on best interests of the child but likewise, with due regard to the natural rights of the parents over the child. The Supreme Court reversed the adoption granted by the trial court.[2]

There may also be other ways through which a biological parent’s consent to his or her child’s adoption can be dispensed with. This can be if the biological parent has been permanently deprived of parental rights by a judgment of the court. The court can make such a ruling in certain cases, among them, unfortunately, in the case of serious child abuse beyond even abandonment.

Parenthood is not easy. It is also incredibly important. This is true on many levels. To become a parent through legal adoption is no less weighty than it is for a biological parent to lose parental rights in the same process.

The answer is up to them and to their own answer to the question – even before the court makes its judgment –

What do they think is best for the child’s future?

Atty. Francesco C. Britanico

[1] Herbert Cang vs. Court of Appeals and Spouses Ronald V. Clavano and Maria Clara Clavano, G.R. No. 105308, September 25, 1998, citing Duncan v. CFI of Rizal, L-30576, February 10, 1976, 69 SCRA 298; Santos v. Aranzanso, 123 Phil. 160 (1966).

[2] Herbert Cang vs. Court of Appeals and Spouses Ronald V. Clavano and Maria Clara Clavano, supra.