After granting of the petition for domestic adoption and as it turned out or due to supervening events, it is not for the best interest of the child, what is the remedy? The remedy is to file a petition for the rescission or revocation of the adoption proceedings. This case may be filed in the place where the adoptee resides by him/herself if he/she is no longer a minor or by the help of a guardian or the DSWD. There definite grounds. According to the law:
Section 19. Rescission of Adoption of the Adoptee. – The petition shall be verified and filed by the adoptee who is over eighteen (18) years of age, or with the assistance of the Department, if he is a minor, or if he is over eighteen (18) years of age but is incapacitated, by his guardian or counsel.
The adoption may be rescinded based on any of the following grounds committed by the adopter:
1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental obligations.
Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.
Section 20. Venue. – The petition shall be filed with the Family Court of the city or province where the adoptee resides.
Section 21. Time within which to file petition. – The adoptee, if incapacitated, must file the petition for rescission or revocation of adoption within five (5) years after he reaches the age of majority, or if he was incompetent at the time of the adoption, within five (5) years after recovery from such incompetency.
Section 22. Order to Answer. – The court shall issue an order requiring the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. The order and copy of the petition shall be served on the adverse party in such manner as the court may direct.
The revocation of the adoption decree severs the legal tie between the adoptive parents and the adoptee. The adoptee is restored parental ties with the natural parent if that was the status quo; if not, whatever status the adoptee had. The name of the adoptee will also revert back to the name he/she carried before the adoption.
