RULE 100 : RESCISSION AND REVOCATION OF ADOPTION

Sec. 1. Who may file petition; grounds. - A minor or other incapacitated person may, through a guardian or guardian ad litem, petition for the rescission or revocation of his or her adoption for the same causes that authorize the deprivation of parental authority.

The adopter may, likewise, petition the court for the rescission or revocation of the adoption in any of these cases:

(a) If the adopted person has attempted against the life of the adopter;

(b) When the adopted minor has abandoned the home of the adopter for more than three (3) years;

(c) When by other acts the adopted person has repudiated the adoption.

Sec. 2. Order to answer. - The court in which the petition is filed shall issue an order requiring the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. The order and a copy of the petition shall be served on the adverse party in such manner as the court may direct.

Sec. 3. Judgment. - If upon trial, on the day set therefor, the court finds that the allegations of the petition are true, it shall render judgment ordering the rescission or revocation of the adoption, with or without costs, as justice requires.

Sec. 4. Service of judgment. - A certified copy of the judgment rendered in accordance with the next preceding section shall be served upon the civil registrar concerned, within thirty (30) days from rendition thereof, who shall forthwith enter the action taken by the court in the register.

Sec. 5. Time within which to file petition. - A minor or other incapacitated person must file the petition for rescission or revocation of adoption within the five (5) years following his majority, or if he was incompetent at the time of the adoption, within the years following the recovery from such incompetency.

The adopter must also file the petition to set aside the adoption within five (5) years from the time the cause or causes giving rise to the rescission or revocation of the same took place.