Article 229 of the Family Code: When parental authority ends
Status: In force
What does Article 229 say?
Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority.
What does it mean in plain language?
Article 229 of the Family Code lists five situations in which parental authority ends, but can be revived by a final judgment: adoption, appointment of a general guardian, a court declaration of abandonment, a court judgment taking away parental authority, and a court declaration of absence or incapacity of the parent. The article right before it, Article 228, lists the three situations in which parental authority ends permanently.
How does it work in real life?
Ella: adopted by her aunt
Ella's aunt adopts her. Under Article 229(1), the parental authority over Ella that her parents exercised terminates upon the adoption.
Rommel: a father declared incapacitated
A court declares that Rommel, who was exercising parental authority over his son, is incapacitated. Under Article 229(5), his parental authority ends. If a later final judgment revives it, he exercises it again.
Tina: turning 18
Tina turns 18. She is emancipated, so her parents' authority over her ends permanently under Article 228(3), not under Article 229.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Three of the five causes need a court declaration or a final judgment. This site does not describe the court procedure.
- The rights and duties that end are those listed in Article 220.
- For adoption, see how to adopt a child under RA 11642.
- For the meaning of the term, see parental authority.
What does Article 229 say?
Unless subsequently revived by a final judgment, parental authority also terminates: (1) Upon adoption of the child; (2) Upon appointment of a general guardian; (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose; (4) Upon final judgment of a competent court divesting the party concerned of parental authority; or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority.
The word "also" refers to Article 228:
Parental authority terminates permanently: (1) Upon the death of the parents; (2) Upon the death of the child; or (3) Upon emancipation of the child.
How do Articles 228 and 229 compare?
| Article 228 | Article 229 | |
|---|---|---|
| Causes | Death of the parents; death of the child; emancipation | Adoption; general guardian; declared abandonment; judgment divesting authority; declared absence or incapacity |
| Can it be revived? | No: it ends permanently | Yes, by a later final judgment |
| How it happens | Facts (death, reaching majority) | Adoption or appointment of a guardian; three causes need a judicial declaration or a final judgment |
Emancipation happens at 18 (Article 234, as amended by Republic Act No. 6809), and under Article 236 it ends parental authority over the person and property of the child.
What do the five causes mean?
- Adoption. Parental authority terminates upon adoption of the child. Domestic adoption is now mainly handled through the administrative process of Republic Act No. 11642 (2022). This page does not cover how that law applies to Article 229.
- Appointment of a general guardian. Parental authority terminates when a general guardian is appointed for the child.
- Judicial declaration of abandonment. The parent's leaving alone does not end it; a court declares the abandonment in a case filed for that purpose.
- Final judgment divesting parental authority. A competent court takes parental authority away from the person concerned.
- Judicial declaration of absence or incapacity. A court declares the person exercising parental authority absent or incapacitated.
When the parents can no longer exercise parental authority, the Code gives substitute parental authority to the surviving grandparent and others in the order of Articles 214 and 216 (see Article 214).
Frequently asked questions
When does parental authority end under Article 229?
Article 229 of the Family Code lists five cases: adoption of the child; appointment of a general guardian; judicial declaration of abandonment of the child; final judgment of a court divesting the party of parental authority; and judicial declaration of absence or incapacity of the person exercising parental authority.
Can parental authority be restored after it ends?
In the cases of Article 229, yes. The article opens with the words 'Unless subsequently revived by a final judgment'. The cases in Article 228 (death of the parents, death of the child, emancipation) end parental authority permanently.
Does parental authority end at 18?
Yes. Emancipation is one of the permanent causes in Article 228, and Article 234, as amended by Republic Act No. 6809, says emancipation takes place by the attainment of majority at eighteen.
Does a parent lose parental authority just by leaving the child?
Article 229(3) speaks of a judicial declaration of abandonment of the child in a case filed for the purpose. The ending comes from the court's declaration.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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