Section 23Sec./Art. 23

Whose Consent is Necessary to the Adoption. After being properly counseled and informed of the right to give or withhold approval of the adoption, the written consent of the following to the adoption are hereby required:

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

(b) The biological parents of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child, except in the case of a Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated as their own child by the adopters for at least three (3) years;

(c) The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;

(d) The illegitimate children, ten (10) years of age or over, of the adopter if living with said adopter or over whom the adopter exercises parental authority and the latters spouse, if any; and

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

Provided, That children under ten (10) years of age shall be counseled and consulted, but shall not be required to execute within consent.