Quick answer

In the Philippines, domestic adoption is now generally an administrative—not judicial—process handled by the National Authority for Child Care (NACC) through its Regional Alternative Child Care Offices (RACCOs). The controlling law is Republic Act No. 11642, the Domestic Administrative Adoption and Alternative Child Care Act.

A qualified adopter normally undergoes assessment and a home study, attends the required pre-adoption forum, secures the necessary consents and documents, and files a notarized Petition for Adoption with the RACCO having jurisdiction over the adopter’s residence. Regular adoption may also involve matching, pre-adoption placement, and supervised trial custody. The NACC issues the final Order of Adoption if adoption serves the adoptee’s best interests.

Different rules apply when the adopter permanently resides abroad, when a birth was simulated, or when an older court case remains pending. Start with the appropriate RACCO before preparing documents or making private arrangements involving a child.

Who may adopt

A Filipino citizen may adopt domestically if the person:

Is at least 25 years old;
Has full civil capacity and legal rights;
Has not been convicted of a crime involving moral turpitude;
Is of good moral character;
Is emotionally and psychologically capable of caring for children;
Can support and care for the adoptee according to the family’s means; and
Is generally at least 16 years older than the adoptee.

The 16-year age-gap requirement may be waived when the adopter is the adoptee’s biological parent or the spouse of the adoptee’s parent.

The law also permits adoption by:

A legal guardian adopting the ward after termination of the guardianship and clearance of financial accountabilities;
A qualified foster parent;
A Philippine government official or employee deployed or stationed abroad who can bring the child along; and
A qualified foreign national who has been a permanent or habitual Philippine resident for at least five years before filing.

A foreign national must also come from a country with diplomatic relations with the Philippines. That country’s laws must recognize the Philippine adoption, treat the adoptee as the adopter’s legal child, and permit the child’s entry as an adoptee.

The five-year residence requirement may be waived in specified cases involving:

A former Filipino citizen habitually residing in the Philippines who will adopt a relative within the fourth civil degree;
A person adopting the legitimate child of a Filipino spouse; or
A person married to a Filipino who will jointly adopt the Filipino spouse’s relative within the fourth civil degree.

Eligibility remains subject to social-work assessment and the documents and circumstances of the particular case. Meeting the age and citizenship requirements alone does not create a right to adopt.

Must married couples adopt jointly?

As a general rule, spouses must adopt jointly. The statutory exceptions are when:

One spouse adopts the legitimate child of the other;
One spouse adopts his or her own non-marital child, with the other spouse’s consent; or
The spouses are legally separated.

A spouse’s written consent may still be required even when joint adoption is unnecessary. Tell the adoption social worker about any separation, foreign divorce, annulment, nullity judgment, prior marriage, or unresolved civil-registry annotation at the beginning of the assessment.

Who may be adopted

Under RA 11642, the following may be adopted:

A child issued a Certificate Declaring a Child Legally Available for Adoption, or CDCLAA;
The legitimate child of one spouse by the other spouse;
A non-marital child adopted by a qualified adopter to improve the child’s status;
A Filipino adult who was consistently considered and treated as the adopter’s own child for at least three years before reaching the age of majority;
A foster child;
A child whose earlier adoption was rescinded;
A child whose biological or adoptive parents have died, provided proceedings are not initiated within six months after their death; or
A relative of the adopter.

A child ordinarily needs a CDCLAA before domestic adoption. A CDCLAA is not required for relative or stepparent adoption. “Relative adoption” generally concerns a relative within the fourth civil degree of consanguinity or affinity.

Adult adoption is not available merely to create inheritance rights or change a surname. The statutory history-of-parental-treatment requirement must be established with credible evidence.

Required consent

After appropriate counseling and an explanation of the right to approve or withhold approval, written consent is generally required from:

The adoptee, if at least 10 years old;
The known biological parents, legal guardian, or government entity with legal custody, as applicable;
The adopter’s legitimate and adopted children who are at least 10;
The adopter’s non-marital children who are at least 10 and live with the adopter or remain under the adopter’s parental authority; and
The spouse of the adopter or adoptee, if any.

A child younger than 10 must be counseled and consulted but is not required to execute written consent.

Consent is not a blank formality. Where the law requires a biological parent’s or child’s consent to be signed in an adoption social worker’s presence after counseling, do not obtain a privately signed waiver as a substitute. A missing parent, disputed parentage, alleged abandonment, incapacity, or withdrawal of consent requires individual assessment; do not assume consent can simply be omitted.

Main documentary requirements

The exact checklist depends on whether the case is regular, relative, stepparent, adoption of one’s own non-marital child, foster-child, or adult adoption. The RACCO may request additional evidence needed to verify the petition.

Common requirements include:

A notarized Petition for Adoption using the prescribed form;
Home Study Report and Child Case Study Report, or the applicable Social Case Study Report, prepared through an authorized adoption social worker;
PSA or authenticated security-paper birth records of the adopter and adoptee;
PSA marriage certificate or CENOMAR, as applicable;
Final court decisions and certificates of finality relating to annulment, nullity, or legal separation;
Properly authenticated foreign divorce documents, when applicable;
NBI, police, or court clearances;
Required written consents;
Death certificates of biological parents, when applicable;
The original CDCLAA, when required;
Recent medical evaluations;
Psychological evaluation of the prospective adopter;
Psychological evaluation of a child aged five or older, subject to the applicable current guideline and social-worker assessment;
A child-care plan identifying temporary custodians if the adopter dies, becomes absent, or becomes incapacitated;
Letters from at least three unrelated character references, preferably including an employer, supervisor, or business contact;
Recent close-up and whole-body photographs of the adopter and adoptee;
Proof of financial capacity;
Certificate of attendance at the required pre-adoption forum;
Verification and certification against forum shopping, when applicable;
Proof of publication or required efforts to locate a biological parent or family, when applicable; and
Documents from any previously filed adoption case, including an order permitting withdrawal or dismissal.

NACC’s published category-specific checklists include validity periods and formatting details. For example, its current regular-adoption guidance calls for photographs taken within the preceding six months and may specify how recent medical and psychological reports must be. Obtain the current RACCO checklist before paying for tests, clearances, authentication, or publication.

For adult adoption, evidence must show that the adopter consistently considered and treated the person as the adopter’s own child for at least three years before adulthood. Useful evidence may include old photographs, school or medical records, correspondence, financial-support records, and barangay certifications. The adult adoptee’s consent—and the spouse’s consent, if applicable—is also required.

The domestic adoption process

1. Contact the proper RACCO

Ask the RACCO with jurisdiction over the prospective adopter’s residence for an initial assessment and the schedule of its pre-adoption forum. NACC maintains a RACCO directory.

An applicant may work with:

The RACCO’s adoption social worker;
A city or municipal social welfare and development office;
A certified or accredited adoption social worker; or
A duly licensed and accredited child-placing agency.

2. Attend the pre-adoption forum

Attendance is mandatory, and the certificate of attendance forms part of the file. The forum explains the legal effects of adoption, the child-centered assessment, disclosure and identity issues, documentary requirements, and the applicable procedure.

3. Complete the assessment and case reports

The adoption social worker interviews the applicant and relevant family members, assesses the home and caregiving capacity, verifies the child’s circumstances, and prepares the appropriate reports.

Give complete information about household members, finances, health, prior marriages, criminal or administrative cases, earlier adoption attempts, infertility treatment, and the child’s actual care arrangements. An omission that appears minor may delay the case or undermine the assessment if later discovered.

4. Matching and pre-adoption placement, when applicable

For a regular adoption involving a legally available child, the process includes professional matching based on the child’s needs and the approved family’s capacity—not private selection or payment to a birth family.

Relative and adult adoptions do not undergo the ordinary matching process, although the required assessment remains. After a match is accepted, NACC may issue a Pre-Adoption Placement Authority.

5. Complete supervised trial custody, if required

Supervised trial custody may last no more than six months. The adoption social worker monitors the placement, ordinarily through monthly supervision, and reports on the child’s and family’s adjustment.

Trial custody may be waived in stepchild, relative, infant, or adult adoption upon the social worker’s assessment and recommendation. In a regular case, it may also be shortened or waived based on the social worker’s recommendation and the applicants’ express consent. Waiver is therefore case-specific, not automatic.

6. File the petition

Once the applicable requirements are complete, file the notarized petition with the RACCO having jurisdiction over the prospective adopter’s residence. The RACCO may order publication and schedule a mandatory personal appearance.

Publication requirements vary. RA 11642 permits publication to be dispensed with in relative and stepparent cases, but the RACCO must determine whether other notices, postings, or family-tracing measures remain necessary.

7. RACCO and NACC review

RA 11642 provides the following administrative review periods:

The RACCO generally has 15 working days from filing to assess compliance, conduct interviews, make its recommendation, and forward a sufficient case. This period is suspended if additional information or documents are required.
The Deputy Director for Services generally has 15 working days from receipt to review the recommendation, return the case for further examination, or forward it for final action.
If returned, the RACCO generally has 15 working days to address the stated concerns.
The Executive Director generally has 15 working days from receipt to decide, subject to further investigation or genuinely difficult-to-obtain evidence.

These are agency processing periods, not a guarantee that the entire adoption will finish within 45 days. Home studies, matching, publication, trial custody, missing-parent searches, document correction, and requests for further evidence can substantially extend the actual timeline.

If NACC requests additional proof, follow the deadline stated in the notice. NACC’s current public guidance commonly directs petitioners to comply within 15 working days.

8. Order of Adoption and civil registration

If satisfied that adoption is in the adoptee’s best interests, NACC issues an Order of Adoption stating the name by which the adoptee will be known.

The adopter must submit a certified true copy of the order to the civil registrar where the adoptee was originally registered within 30 calendar days after receiving it. Coordinate with the RACCO concerning the Certificate of Finality and with the local civil registrar concerning registration and the amended Certificate of Live Birth.

The original birth record is sealed. The amended birth certificate identifies the adoptee as the adopter’s child, uses the adopter’s surname, and does not bear a notation that it is an amended issue.

9. Complete post-adoption monitoring

The adoption social worker monitors the parent-child relationship after finalization and prepares a closing report after the one-year after-care period. NACC may require further visits or reports depending on the adoptee’s age and circumstances.

If the petition is denied or contested

A motion for reconsideration of an order denying adoption may be filed with NACC through the Executive Director within 15 calendar days.

An interested party may appeal an Order of Adoption to the Court of Appeals within 10 days from receipt of the order or from denial of the motion for reconsideration, as applicable. Because this period is unusually short and appellate requirements are technical, obtain legal advice immediately upon receiving an adverse or contested order.

A person with previously undiscoverable information that could justify denial and protect the child from harm or abuse may submit an evidence-supported objection through the RACCO during trial custody or before issuance of the Order of Adoption.

Cases that follow a different route

Applicant permanently residing abroad

Inter-country adoption generally applies when a foreigner or Filipino citizen permanently residing abroad seeks to adopt a Filipino child and the adoption is to be completed outside the Philippines. It is governed by Republic Act No. 8043, as amended, and processed through NACC and the authorized central authority or foreign adoption agency in the applicant’s country.

Do not use a domestic petition merely because the child or a relative is in the Philippines. Residence, habitual residence, immigration consequences, and where the adoption will be completed must be assessed first.

Simulated birth record

Simulation of birth occurs when a child is falsely registered as the biological child of someone who is not the biological parent. Do not file a new false record or conceal the existing one.

Some older simulations may qualify for administrative rectification and adoption under the Simulated Birth Rectification Act, RA 11222, as amended by RA 11642. Eligibility depends on statutory dates, the child’s circumstances, and proof that the simulation was done for the child’s best interests rather than for trafficking or another unlawful purpose. Bring the actual PSA records to the RACCO for classification.

Adoption case previously filed in court

RA 11642 transferred domestic adoption to the administrative system, but the treatment of an older judicial case depends on its filing date and procedural status. Supreme Court guidance addresses the handling of cases that were pending when the law took effect. Do not maintain simultaneous proceedings. Obtain the court’s appropriate withdrawal, dismissal, or other order and submit it to the RACCO if required.

Legal effects of adoption

Once the Order of Adoption is issued:

The adoptee becomes the adopter’s legitimate child for all legal purposes, with the rights and obligations of a legitimate child;
The adopter acquires full parental authority;
Legal filiation extends as provided by law to the adopter’s parents, legitimate siblings, and legitimate descendants;
Except when the biological parent is the adopter’s spouse, legal ties between the adoptee and biological parents are generally severed;
The adoptee and adopter acquire reciprocal succession rights under the Civil Code; and
The adoptive parents may qualify for benefits available to biological parents under applicable employment, social-insurance, tax, health, and leave laws.

Adoption records are strictly confidential. Preserve copies securely and avoid posting the child’s birth history, case reports, consents, or sealed records online.

Adopters cannot rescind an adoption simply because family life becomes difficult. Rescission is available only on the adoptee’s petition, with legally authorized assistance where necessary, on the statutory grounds committed by the adopter, including repeated physical or verbal maltreatment despite counseling, an attempt on the adoptee’s life, or abandonment and failure to perform parental obligations.

Evidence to preserve

Keep originals and organized copies of:

PSA birth, marriage, death, and civil-status records;
Final judgments and certificates of finality;
Consents and proof that counseling occurred;
Clearances, medical reports, and psychological reports;
Home, child, and social case study reports;
Proof of financial support and actual caregiving;
Historical photographs, school records, medical records, remittance records, and correspondence;
Family-tracing efforts, returned mail, barangay or police certifications, and media or publication records;
Pre-Adoption Placement Authority and trial-custody reports;
Filing receipts, notices, emails, and proof of compliance with RACCO requests;
The Order of Adoption, Certificate of Finality, civil-registrar acknowledgment, and amended birth certificate; and
Records of post-adoption monitoring.

Use a written chronology of names, addresses, custody changes, contact with biological parents, and significant dates. Ensure that spellings and dates match the PSA records; disclose inconsistencies instead of silently altering documents.

Common mistakes to avoid

Arranging a private transfer of a child or paying a parent, intermediary, online group, or “facilitator”;
Registering the child as the adopter’s biological child;
Assuming years of actual custody automatically create legal parentage;
Filing directly in court for a new domestic adoption;
Using an inter-country route for a domestic case, or vice versa;
Treating a missing parent as legally consenting without documented tracing and RACCO assessment;
Obtaining consent without the required counseling and authorized witness;
Filing under only one spouse’s name when joint adoption is required;
Concealing criminal history, prior relationships, children, health conditions, or earlier proceedings;
Ordering expensive examinations or publication before receiving the current checklist;
Missing the 30-day civil-registration duty after receiving the adoption order; or
Treating issuance of the order as the end of all obligations and ignoring after-care monitoring.

When help is urgent

Contact the RACCO, a qualified lawyer, or the appropriate authority immediately if:

Someone requests money or property in exchange for a child or consent;
A child is being offered through social media or an unlicensed intermediary;
A child may be trafficked, abused, abandoned, or removed from the country;
A hospital or other person proposes a false birth registration;
A biological parent disputes consent or demands the child’s return;
Parentage, custody, nationality, immigration status, or habitual residence is contested;
An existing adoption case is still pending in court;
The child’s records contain false or irreconcilable information;
NACC denies the petition or another party contests the adoption; or
A 10-day appeal period or another deadline may already be running.

Qualified indigent applicants may request free legal assistance, including warranted notarization assistance, from the Public Attorney’s Office under RA 11642.

Frequently asked questions

Is adoption still filed in the Regional Trial Court?

Generally, no. New domestic adoptions are administrative proceedings under NACC. Courts may still become involved in appeals, certain older pending cases, and related disputes outside NACC’s administrative process.

Is a lawyer required?

The process is designed to be accessible and less costly, and the adoption social worker assists with the case. Legal help is prudent where parentage, consent, foreign residence, prior litigation, simulated birth, document authenticity, or an appeal is involved.

Can a single person adopt?

Yes, provided the applicant meets the statutory qualifications. If the applicant is married, the joint-adoption rule and its limited exceptions apply.

Can a stepparent adopt a spouse’s child?

Yes. Stepparent adoption is expressly recognized. The biological parent’s identity, filiation, required consent, marital records, and the child’s best interests must still be established. A CDCLAA is not required.

Can grandparents, aunts, uncles, or other relatives adopt?

Potentially, yes. Relative adoption is recognized for relatives within the applicable civil degree, but relationship alone does not dispense with assessment, consent, documentation, and a best-interests determination.

Can an adult be adopted?

Yes, if the adult is Filipino and was consistently considered and treated as the adopter’s own child for at least three years before reaching adulthood. The adult’s consent and proof of that prior relationship are essential.

Does long-term custody make a child legally adopted?

No. Actual care, guardianship, foster placement, use of a surname, or support does not substitute for an NACC Order of Adoption.

How long does adoption take?

There is no reliable single duration. Statutory review stages commonly use 15-working-day periods, but assessment, missing documents, matching, publication, investigation, and trial custody can add months or longer. Trial custody, when imposed, may last up to six months.

Is domestic adoption free?

NACC has publicly stated that it does not collect adoption or foster-care fees, but applicants may still incur legitimate third-party expenses such as PSA records, clearances, medical or psychological assessments, notarization, authentication, publication, and civil-registration charges. Ask for official receipts and verify every requested payment with the RACCO.

Where should an applicant begin?

Contact the National Authority for Child Care or the RACCO for the applicant’s region. NACC also publishes separate current instructions for prospective adoptive parents, regular adoption, relative adoption, stepparent adoption, and adult adoption.

Official sources

This article provides general legal information, not legal advice or a prediction of any case’s outcome. Requirements may vary with the adoption category, residence, family relationships, consent, civil-registry records, and the adoptee’s circumstances. Official sources and current procedures were checked on August 27, 2026; confirm the latest forms and instructions with the proper RACCO before filing.