Monina Michelle Adopt Petitions Adoption Trial Court Husband

V.

a) Spouses Primo and Monina Lim, childless, were entrusted with the custody of two (2) minor children, the parents of whom were unknown.  Eager of having children of their own, the spouses made it appear that they were the children's parents by naming them Michelle P. Lim and Michael Jude Lim. Subsequently, Monina married Angel Olario after Primo's death.  She decided to adopt the children by availing the amnesty given under R.A. 8552 to those individuals who simulated the birth of a child. She filed separate petitions for the adoption of Michelle, then 25 years old and Michael, 18. Both Michelle and Michael gave consent to the adoption. The trial court dismissed the petition and ruled that Monina should have filed the petition jointly with her new husband. Monina, in a Motion for Reconsideration argues that mere consent of her husband would suffice and that joint adoption is not needed, for the adoptees are already emancipated.

Is the trial court correct in dismissing the petitions for adoption?  Explain. (5%)

SUGGESTED ANSWER:

Yes, the trial court was correct.  At the time the petitions for adoptions were filed, petitioner had already remarried.  Under the law, husband and wife shall adopt jointly, except in cases enumerated in the law.  The adoption of Michelle and James do not fall in any of the exceptions provided in the law where a spouse is permitted to adopt alone.  Hence, Monina should adopt jointly with her husband Angel.  (Adoption of Michelle P. Lim, GRN 168992-93, May 21, 2009).