Section 8. Who May Be Adopted. –

The following may be adopted:

1. Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption;

   [Pursuant to Sec. 11, RA 9523 (2009):]

   Sections 2 (c) (iii), 3 (b), (e), and 8 (a) of Republic Act No. 8552, x x x and any law, presidential decree, executive order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with the provisions of this Act are hereby repealed, modified, or amended accordingly.

2. The legitimate son/daughter of one spouse by the other spouse;

3. An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;

4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority;

5. A child whose adoption has been previously rescinded; or

6. A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parent(s).