A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper?
A) No, because it is not a joint petition.
B) No, because the requirement of a joint petition for adoption is mandatory.
C) Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child. (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369)
D) No, because adoption rules are mandatory.
Correct Answer:
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