Question

Question 4:

Mr. and Mrs. Santos are a Filipino couple who have been married for 10 years and have been longing to have a child of their own. After considering their options, they decided to pursue inter-country adoption. They submitted all the necessary requirements and went through the proper process. Finally, they were informed that they have been matched with a child from another country.

However, before they could finalize the adoption, the birth parents of the child contested the adoption and expressed their desire to have the child returned to them. They claim that they did not fully understand the implications of their decision to give up the child for adoption.

Mr. and Mrs. Santos are now seeking legal advice to understand their rights as prospective adoptive parents and the legal principles governing inter-country adoption in the Philippines.

In this scenario, discuss the following:

1. What legal rights and protections do Mr. and Mrs. Santos have as prospective adoptive parents under the Inter-Country Adoption Act (R.A. No. 8043)?
2. What legal principles govern inter-country adoption in the Philippines? Discuss at least three (3) of these principles.
3. Considering the situation with the birth parents contesting the adoption, what legal remedies are available to Mr. and Mrs. Santos to protect their rights as prospective adoptive parents?