Date Posted: August 7, 2025

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A Comprehensive Legal Guide to Legal Adoption in the Philippines

Adoption in the Philippines is a socio-legal process that permanently transfers all parental rights and duties from the biological parents to the adoptive parents. It is a legal remedy rooted in the principle of ensuring the “best interest of the child” is the paramount consideration. Recent laws have streamlined the process, making it more accessible and less costly for Filipino families. This article provides a detailed overview of the legal framework, types, and procedures for legal adoption in the Philippines, primarily focusing on the landmark legislation: Republic Act No. 11642, or the Domestic Administrative Adoption and Alternative Child Care Act.

I. The Legal Framework: From Judicial to Administrative Adoption

For many years, adoption in the Philippines was a purely judicial process governed by Republic Act No. 8552, also known as the “Domestic Adoption Act of 1998.” This meant that every adoption required a petition to be filed in a Regional Trial Court (RTC), which often led to lengthy and expensive proceedings.

However, recognizing the need for a simpler and more efficient system, the government enacted Republic Act No. 11642 on January 6, 2022. This new law shifted the authority to process and approve domestic adoption petitions from the courts to the executive branch, specifically the National Authority for Child Care (NACC). The NACC is the central authority on all matters relating to alternative child care, including domestic adoption. This administrative process is designed to be more accessible and affordable, while still safeguarding the child’s welfare.

II. Who May Adopt? Qualifications of Prospective Adoptive Parents

The law sets clear qualifications for prospective adoptive parents (PAPs) to ensure they are fit to provide a stable, loving, and supportive home. Under R.A. 11642, an individual or a couple may adopt if they meet the following criteria:

• Citizenship: The adopter must be a Filipino citizen. Foreign nationals may also adopt, but they must meet additional requirements, such as a minimum three-year continuous residency in the Philippines.
• Age: The adopter must be of legal age, possess full civil capacity and legal rights, and be at least 16 years older than the child to be adopted. This age gap requirement is waived if the adopter is the biological parent of the adoptee or the spouse of the biological parent.
• Moral Character: The adopter must be of good moral character and must not have been convicted of any crime involving moral turpitude.
• Capacity: They must be emotionally and psychologically capable of caring for children and be in a position to support and care for the child in keeping with the family’s means.
• Joint Adoption: If the prospective parents are married, they must jointly file for adoption. Exceptions apply, such as when a spouse seeks to adopt their own illegitimate child with the other spouse’s consent, or when they are legally separated.

III. Who May Be Adopted? The “Legally Available” Child

The law is clear that the child’s welfare is paramount. A child is considered “legally available for adoption” if they are below 18 years of age and their parental authority has been terminated voluntarily or involuntarily.

The following children may be adopted:

• A child who has been issued a Certificate Declaring a Child Legally Available for Adoption (CDCLAA) by the NACC. This is the primary document that makes a child available for adoption.
• The legitimate child of one spouse by the other spouse (stepchild adoption).
• An illegitimate child by a qualified adopter to elevate the child’s status to that of a legitimate child.
• A person of legal age who has been consistently considered and treated as a child of the adopter since their minority.
• A foster child.
• A child whose adoption has been previously rescinded.

IV. The Administrative Adoption Process under R.A. 11642

The new law introduced a streamlined, administrative process to replace the lengthy court proceedings. The key steps are as follows:

1. Application and Pre-Adoption Services: Prospective adoptive parents must first attend a pre-adoption forum and seminars conducted by the NACC or its accredited agencies. They will then submit their application and required documents, including a home study report prepared by a social worker.
2. Matching and Placement: The NACC, in coordination with child-caring agencies, matches a legally available child with the PAPs. The matching process is a crucial stage where the child’s needs and the family’s capabilities are carefully considered.
3. Pre-Adoption Placement Authority (PAPA): Once a match is accepted, the NACC issues a PAPA, authorizing the supervised pre-adoption placement of the child with the PAPs. This is a supervised trial custody period of at least six months.
4. Filing of the Petition for Adoption: After the successful completion of the trial custody, the PAPs, with the assistance of a social worker, will file a verified petition for adoption with the NACC’s Regional Alternative Child Care Office (RACCO). The petition must contain all necessary documents, including the child’s and the PAPs’ case study reports and birth certificates.
5. Administrative Approval and Order of Adoption: The RACCO reviews the petition and submits its recommendation to the NACC. If all requirements are met and the NACC finds the petition meritorious, it will issue an Order of Adoption. This order has the same legal effect as a judicial decree of adoption.
6. Registration of the Order and Issuance of a New Birth Certificate: The final step involves registering the Order of Adoption with the Local Civil Registrar. The Registrar will then cancel the child’s original birth certificate and issue a new one, bearing the names of the adoptive parents as the child’s legal parents. The new birth certificate will not contain any information that the child is adopted.

V. Special Cases: Rectification of Simulated Births

The Philippines has also addressed the issue of simulated births—the act of tampering with a child’s birth record to make it appear as if they were born to a person who is not their biological parent. Republic Act No. 11222, or the “Simulated Birth Rectification Act,” provides a legal pathway for an administrative adoption and rectification of simulated birth records.

This law allows individuals who simulated the birth of a child to legally adopt that child without fear of criminal, civil, or administrative liability, provided the simulation was made in the child’s best interest and the child has been living with the adopter for at least three years prior to the law’s effectivity. This provided a crucial amnesty period to regularize the status of thousands of children in the Philippines.

VI. Effects of a Legal Adoption

A final and legal adoption has far-reaching effects, including:

• Termination of Parental Rights: It severs all legal ties between the biological parents and the adopted child, except when the biological parent is the spouse of the adopter.
• Legitimacy and Kinship: The adopted child is deemed a legitimate child of the adopter for all intents and purposes.
• Reciprocal Rights and Obligations: The adopter and adoptee acquire the reciprocal rights and obligations arising from the parent-child relationship, including the right to succession.
• Change of Name: The adopter has the right to change the child’s name.

VII. Conclusion

Legal adoption in the Philippines is a compassionate and well-regulated process. The shift from a purely judicial to an administrative framework under R.A. 11642 has made the process more efficient, ensuring that children in need of a family can find a permanent, loving home more quickly. While the process is still thorough and requires strict compliance with legal requirements, it is a testament to the State’s commitment to protecting the welfare and best interests of the child above all else.