Section 9. Whose Consent is Necessary to the Adoption. –

After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is hereby required:

1. The adoptee, if ten (10) years of age or over;

2. The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;

4. The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any; and

5. The spouse, if any, of the person adopting or to be adopted.