Saturday, September 26, 2015

Adopted child does not acquire the citizenship of Filipino adopting parent - G.R. No. L-21951, In re Weeks. Therkelsen and Blancaflor v. Republic, 12 SCRA 400 - PhilippineLaw.info






"x x x.

The criterion adopted by the Court a quo would demand as a condition for the approval of the adoption that the process should result in the acquisition, by the person adopted, of the alien citizenship of the adopting parent. This finds no support in the law, for, as observed by this Court in Ching Leng vs. Galang, G.R. No. L-11931, promulgated on 27 October 1958, the citizenship of the adopter is a matter political, and not civil, in nature, and the ways in which it should be conferred lay outside the ambit of the Civil Code. It is not within the province of our civil law to determine how or when citizenship in a foreign state is to be acquired. The disapproval of the adoption of an alien child in order to forestall circumvention of our exclusion laws does not warrant, denial of the adoption of a Filipino minor by qualified alien adopting parents, since it is not shown that our public policy would be thereby subverted.

x x x."

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