Dear PAO,
Good day! I have a three-year-old son with my ex-boyfriend. My son is using his surname. My new

boyfriend and I decided to get married next year. Can my new boyfriend adopt my son even without his father’s consent?
Reggie

Dear Reggie,
Republic Act (RA) No. 8552 or the Domestic Adoption Act of 1998 squarely answers your question. According to this law, before adoption can be granted by the court, the consent of the biological parents of the child to be adopted must be obtained first. This is particularly provided under Section 9 thereof:

“Section 9. Whose Consent is Necessary to the Adoption.—After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is hereby required:

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;

(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;

(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter’s spouse, if any; and

(e) The spouse, if any, of the person adopting or to be adopted.”

As clearly stated, the consent of your son’s father is needed before the adoption may be granted by the court. Thus, it is imperative that you seek the approval of your son’s father before your new boyfriend adopts your son.

On the other hand, if you want to legitimize your relationship with your son, you must likewise adopt him. According to the above law, one of the effects of adoption is the creation of legitimate relationship between the adopted and the adoptee. Section 17 of the aforementioned law provides:
“Section 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family.”
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.