Section 21Sec./Art. 21

Who May Adopt. The following may adopt:

(a) Any Filipino citizen at least twenty-five (25) years of age, who is in possession of full civil capacity and legal rights; has not been convicted of any crime involving moral turpitude; is of good moral character and can model the same; is emotionally and psychologically capable of caring for children; at least sixteen (16) years older than the adoptee; and who is in a position to support and care for adopted children in keeping with the means of the family: Provided, That the requirement of sixteen (16)-years difference between the age of the adopter and the adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptees parent;

(b) The legal guardian with respect to the ward after the termination of the guardianship and clearance of financial accountabilities;

(c) The legal guardians with respect to the foster child;

(d) Philippine government officials and employees deployed or stationed abroad: Provided, That they are able to bring the child with them; and

(e) Foreign nationals who are permanent or habitual residents of the Philippines for at least five (5) years possessing the same qualifications as above stated for Filipino nationals prior to filing of the petition: Provided, That they come from a country with diplomatic relations with the Republic of the Philippines and that the laws of the adopters country will acknowledge the Certificate of Adoption as valid, acknowledge the child as a legal child of the adopters, and allow entry of the child into such country as an adoptee: Provided, further, That requirements of residency may be waived for the following:

(1) A former Filipino citizen, habitually residing in the Philippines, who seeks to adopt a relative within fourth (4th) civil degree of consanguinity or affinity; or

(2) One who seeks to adopt the legitimate child of the Filipino spouse; or

(3) One who is married to a Filipino citizen and seeks to adopt jointly with the spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

Spouses shall jointly adopt, except in the following cases:

(a) If one spouse seeks to adopt the legitimate child of the other; or

(b) If one spouse seeks to adopt own illegitimate child: Provided, That the other spouse has signified consent thereto; or

(c) If the spouses are legally separated from each other.