As of January 6, 2022, the amended Republic Act 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act, establishes the rules and policies for adopting a Filipino child/children. This law ensures that every child remains under the care and custody of his/her parents and be provided with love, care, understanding, and security towards the full and harmonious development of his/her personality. Proven that there is insufficient and no appropriate placement or adoption within the child’s extended family is available, the child will therefore be considered to be adopted by an unrelated person.
What are the Different Types of Child Adoption in the Philippines?
In the Philippines, there are different ways wherein you may legally adopt a child:
- Agency Adoption is when a licensed adoption agency, such as the Department of Social Welfare and Development (DSWD) and any child-placing agency, finds and develops adoptive families for children who are voluntarily and involuntarily committed. In this type, the adoptive families undergo the application process and finalization of the child’s adoption. The legal rights of the child, his/her biological parents, and his/her adoptive parents are equally protected.
- Family or Relative Adoption is where the biological parents voluntarily give and arrange their child for adoption to their relative or a member of the family with whom they fully trust the welfare of the child.
- Private or Independent Adoption is either a direct placement to a family known by the child’s biological parents or through the use of an intermediary or a go-between. In an intermediary placement, an individual knows of parents who want to have their child adopted and arranges such placement to a family or someone who wants to adopt. These intermediaries are generally well-meaning and have good intentions. However, one must be wary of “black market” placements which involve an intermediary who brings together a person who has a child and individuals who want to adopt, for the sole purpose of making a profit. This practice does not consider the best interests of the child and the legal rights of the biological parents and adoptive parents.
Who May Adopt a Child?
In accordance with Section 21 of Republic Act No. 11642, the following individuals may legally adopt a child in the Philippines as long as they meet the qualifications:
- A Filipino citizen who is at least twenty-five (25) years old and at least sixteen (16) years older than the child, unless it is a relative adoption. They shall also have a good moral character and have not been convicted of any crime involving moral turpitude. More importantly, they must be emotionally and psychologically capable of caring for a child and in a position to support and care for his/her children in keeping with the means of the family.
- Legal guardian with respect to the ward after the termination of guardianship and clearance of financial accountabilities.
- Legal guardian with respect to the foster child.
- Philippine government officials and employees deployed or stationed abroad, provided the child is with them.
- A foreign national with the same qualifications as above stated for Filipino citizens. However, his/her country must have diplomatic relations with the Republic of the Philippines. He/she must also have been living in the country for at least five (5) years prior to the filing date of application for adoption and maintains such residence until the adoption decree is finalized. Additionally, his/her diplomatic or consular office or any government agency must have certified him/her that he/she has the legal capacity to adopt in his/her country, and that the adoptee is allowed to enter his/her country as the adopted son/daughter.
- A former Filipino citizen, habitually residing in the Philippines, who seeks to adopt a relative within fourth (4th) civil degree of consanguinity or affinity of the Filipino spouse.
- An individual who seeks to adopt the legitimate child of the Filipino spouse.
- An individual who is married to a Filipino citizen and seeks to adopt jointly with the spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
What are the Exceptions in Adopting a Child?
In the Philippines, husband and wife may jointly adopt a child. However the following are the exceptions:
- If one spouse seeks to adopt the legitimate child of their spouse;
- If one spouse seeks to adopt his/her own illegitimate child, provided that their spouse has consented the adoption; or
- If the spouses are legally separated from each other.
In case one spouse adopts the illegitimate child of their spouse or both spouses jointly adopt a child, joint parental authority must be exercised by them.
Who May Be Adopted?
According to Section 22 of the Republic Act No. 11642, the following individuals may be adopted in the Philippines:
- Any child who has been issued a Certification Declaring a Child Legally Available for Adoption (CDCLAA);
- The legitimate child of one spouse by the other spouse;
- An illegitimate child by a qualified adopter to improve status of legitimacy;
- A Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child for a period of at least three (3) years;
- A foster child;
- A child whose adoption has been previously rescinded;
- A child whose biological or adoptive parents have died. Provided that no proceedings shall be initiated within six (6) months from the time of death of said parents; or
- A relative of the adopter.
Whose Consent is Needed for the Child Adoption?
The written consent of the following individuals is required for adoption:
- The adopted child, if ten (10) years old and above
- 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, except in the case of a Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated as their own child by the adopters for at least three (3) years
- The legitimate and adopted child, ten (10) years of age or over, of the adopters, if any
- The illegitimate child, if ten (10) years of age and over, of the adopter if living with said adopter or over whom the adopter exercises parental authority and the latter’s spouse, if any
- The spouse, if any, of the person adopting or to be adopted. Provided that children under ten (10) years of age shall be counseled and consulted, but shall not be required to execute within consent
What are the Requirements for Adopting a Child in the Philippines?
When adopting a child in the Philippines, there are documents that need to be submitted as an adoptive parent/s and adoptive child.
Requirements for Filipino Adoptive Parent/s or Adopter/s
For Filipino adoptive parent/s or adopter/s, the following documents must be submitted:
- Home study report and child case study report duly prepared by a licensed social worker, which requires a uniform and standardized format of the report
- Authenticated or security paper copies of PSA Birth Certificate or Certificate of Live Birth
- Authenticated or security paper copies of Marriage Certificate, if married
- Court Decision or Certificate of Finality, if annulled, divorced, or legally separated
- National Bureau of Investigation (NBI) or Police Clearance
- Result of the recent medical evaluation
- Mandatory result of the psychological evaluation
- Child care plan with a list of at least three (3) temporary custodian of the child in order of preference in case of death, absence or incapacity
- Letter attesting to the character and general reputation of the adoptive parents from at least three (3) non-related character references, of whom one must preferably come from an employer or supervisor or with whom the adoptive parents have business dealings. The contact details of the person attesting must be so indicated in the letter
- Recent close-up and whole-body pictures taken within the last six (6) months
- Documents showing the financial capacity
Requirements for Foreign Adoptive Parent/s or Adopter/s
For foreign adoptive parent/s or adopter/s, the following documents must be submitted:
- Home study report and child case study report duly prepared by a licensed social worker, which requires a uniform and standardized format of the report
- Authenticated or security paper copies of PSA Birth Certificate or Certificate of Live Birth
- Authenticated or security paper copies of Marriage Certificate, if married
- Court Decision or Certificate of Finality, if annulled, divorced, or legally separated
- Clearance from police authorities where he or she lived for more than twelve (12) months any time in the past fifteen (15) years
- Result of the recent medical evaluation
- Mandatory result of the psychological evaluation
- Child care plan with a list of at least three (3) temporary custodian of the child in order of preference in case of death, absence or incapacity of the adoptive parents
- Letter attesting to the character and general reputation of the adoptive parents from at least three (3) non-related character references, of whom one must preferably come from an employer or supervisor or with whom the adoptive parents have business dealings. The contact details of the person attesting must be so indicated in the letter
- Recent close-up and whole-body pictures taken within the last six (6) months
- Documents showing the financial capacity
Requirements for Adoptive Child or Adoptee
The following documents are required from the prospective adoptive child or adoptee:
- Home study report and child case study report duly prepared by a licensed social worker, which requires a uniform and standardized format of the report
- Authenticated or security paper copies of PSA Birth Certificate or Certificate of Live Birth
- Written consent to the adoption by the biological parent/s or the person/s exercising substitute parental authority over the child and the written consent of the child if at least ten (10) years old, signed in the presence of an adoptive social worker of the NACC or the child-caring agency, or of the child-placing agency for cases where the child is from a foster home, after proper counselling as prescribed in the Act
- Authenticated or security paper copies of the Death Certificate of biological parent, if applicable
- Original copy of Certification Declaring a Child Legally Available for Adoption (CDCLAA), as applicable
- Result of the recent medical evaluation
- Mandatory result of the psychological evaluation, for children five (5) years old and above
- Recent close-up and whole-body pictures taken within the last six (6) months
How to Adopt a Child in the Philippines?
In the Philippines, adopting a child undergoes a serious and complex legal procedure. It is advisable to consult with a lawyer specializes on family law to be guided with the required documents, obligations of adoptive parents, and with the following procedures:
- Case Study. A licensed social worker, the social service office of the local government unit, or any child-placing or child-caring agency shall make a case study of the adoptee, his/her biological parents, and the adopter/s. The purpose of the study is to confirm whether the adoptee is legally available for adoption or not and that the documents to support this fact are valid and authentic. Also, to ascertain that the adopter’s intention to adopt a child is genuine and for the best interest of the child.
- Matching Process. A matching process is required for cases of legally available children thirty (30) days after the issuance of the CDCLAA or the next matching conference, depending which is applicable. However, for cases of step-parent adoption, relative adoption, and adult adoption, the matching process is not required since the child and the prospective adoptive parents have been living together for not less than two (2) years.
- Personal Appearance. The prospective adoptive parents are required to personally appear at least twice (2) during the application period and on specific dates to further ascertain their fitness, qualifications, good intentions, and sincerity of adopting a child.
- Issuance of Pre-Adoption Placement Authority (PAPA). Once a child is matched to an approved adopter/s and was subsequently accepted, the NACC through the RACCO shall authorize the pre-adoption placement of the child. In cases of adult or relative adoption, the adoptive parents shall automatically issue a PAPA.
- Supervised Trial Custody (STC). Upon the recommendation of the adoption social worker, the NCAA shall give both parties a period of not more than six (6) months to adjust psychologically and emotionally to each other and establish a bonding relationship. Additionally, the STC shall be supervised and monitored monthly by the duly social worker.
- Petition for Administrative Adoption. After the given trial custody period, if both parties agree to the adoption, the adoptive parents must file and submit the petition for adoption along with the supporting documents with the RACCO of the city or municipality where they reside.
- Objection to the Petition. Any person who has personal knowledge of any information, which by ordinary diligence could not discovered, and which when introduced and admitted, would result in the denial of the petition and protect the child from possible harm or abuse may, at any time during the STC or before the issuance of the Order of Adoption, interpose an objection to the petition and file a complaint supported by evidence to that effect, with the NACC, through the RACCO where the petition was filed. The complaint will be subjected to verification and further investigation.
- Order of Adoption. If there are no oppositions, the National Authority for Child Care (NACC), through the Executive Director, shall issue an Order of Adoption.
How Long Does It Take to Process a Child Adoption in the Philippines?
Due to the Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act, the goal for the adoption process in the Philippines is nine (9) months. However, the process may take even longer depending on the complexity of the case.
What Happens to the Original PSA Birth Certificate of a Child After Adoption?
According to Section 34 of the Republic Act No. 11642, the National Authority for Child Care (NACC), through the Executive Director, shall issue an Order of Adoption. It is a registrable civil registry document stating the name by which the child shall be known and shall likewise direct the following to perform the actions as stated:
- The adopter to submit a certified true copy of the Order of Adoption to the Civil Registrar where the child was originally registered within thirty (30) calendar days from receipt of the Order of Adoption; and
- The Civil Registrar of the place where the adoptee was registered;
- To seal the original birth record in the civil registry records which can be opened only upon order of the NACC; and
- To submit to the NACC proof of compliance with all the foregoing within thirty (30) calendar days from receipt of the Order of Adoption.
In addition, an Order of Adoption obtained under this Act shall have the same effect as a Decree of Adoption issued pursuant to the Domestic Adoption Act of 1988. A motion for reconsideration may be filed before the NACC, through the Executive Director, within fifteen(15) calendar days from an Order denying the adoption.
What are the Legal Effects of Child Adoption?
Under Article V of the RA 11642, the legal effects of adopting a child are as follows:
- Parental Authority. Upon issuances of the Order of Adoption, adoption shall cease as alternative care and become parental care. Adoptive parents shall now have full parental authority over the child. Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent/s and the adoptee shall be severed and the same shall then be vested on the adopter/s.
- Legitimacy. The adoptee shall be considered the legitimate child of the adopter/s for all intents and purposes and as such entitled to all the rights and obligations provided by law to legitimate child/children born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family. The legitimate filiation that is created between the adopter and adoptee shall be extended to the adopter’s parents, adopter’s legitimate siblings, and legitimate descendants.
- Succession. In testate and intestate succession, the adopter/s and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee and his/her biological parents had left a will, the law on testamentary succession shall govern.
What are the Grounds for Rescission of Decree of Adoption?
In accordance with Section 73 of the IRR of RA 11642, the adoption may be rescinded only upon the notarized petition of the adoptee with the NACC, or with the assistance of the LSWDO if the adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is incapacitated or by his or her guardian if any of the following grounds is committed by the adopter/s:
- Repeated physical and verbal maltreatment by the adopter/s despite having undergone counselling;
- Attempt on the life of the adoptee;
- Sexual assault or violence;
- Abandonment and failure to comply with parental obligations; or
- Death of the adopter during the minority of the adopted child, thereby parental authority in favor of either biological parents or the NACC is restored and ensures that the adopted child, who is still a minor, is not left to fend for himself/herself at a tender age
Being in the best interest of the child, adoption is not subject to rescission by the adopter/s. However, the adopter/s may disinherit the adoptee for causes provided in Article 919 of the Civil Code of the Philippines.
Need further information and assistance regarding Child Adoption? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
