I. Introduction

Adoption in the Philippines is a legal process that establishes a permanent parent-child relationship between a child and the adopter, as though the child were born to the adopter. It is guided primarily by Republic Act No. 8552, or the Domestic Adoption Act of 1998, which aims to protect the best interests of the child while ensuring that the adoptive parents are qualified and capable of providing a loving home. With the passage of Republic Act No. 11642, the Domestic Administrative Adoption and Alternative Child Care Act of 2022, significant procedural reforms have also been introduced, streamlining adoption proceedings from judicial to administrative in nature.

II. Legal Framework

A. Republic Act No. 8552 – The Domestic Adoption Act of 1998

RA 8552 laid down the foundation for the domestic adoption process in the Philippines. It recognized the right of every child to grow up in a family environment and sought to prioritize Filipino families in adopting Filipino children. This law defined eligibility criteria for both adopters and adoptees, as well as the procedural steps involved in the judicial adoption process.

B. Republic Act No. 11642 – The Domestic Administrative Adoption and Alternative Child Care Act

Enacted in 2022, RA 11642 transferred the adoption process from the courts to the National Authority for Child Care (NACC), under the Department of Social Welfare and Development (DSWD). The law made adoption an administrative procedure, significantly reducing costs and expediting timelines while retaining child welfare safeguards. It repealed portions of RA 8552 and related laws on child adoption and foster care.

III. Who May Adopt

Under both RA 8552 and RA 11642, the following individuals may adopt:

Filipino Citizens who:
- Are at least 25 years old.
- Are at least 16 years older than the adoptee (except in cases where the adopter is the biological parent or spouse of the adoptee’s parent).
- Possess full civil capacity and legal rights.
- Have good moral character and no conviction for any crime involving moral turpitude.
- Are emotionally and psychologically capable of caring for children.
- Can provide for the child’s needs, including education and upbringing.
Aliens or Foreign Nationals residing in the Philippines may also adopt if:
- They have resided in the Philippines for at least three continuous years prior to the application.
- They maintain legal residence until the adoption is finalized.
- Their country has diplomatic relations with the Philippines and allows reciprocal adoption rights for Filipino citizens.
- The Inter-Country Adoption Board (ICAB) certifies that their country’s laws grant reciprocal rights.
Joint Adoption by Spouses is permitted, except in cases where one spouse adopts the legitimate child of the other, or where the spouses are legally separated.

IV. Who May Be Adopted

The following persons may be adopted under Philippine law:

A child below 18 years old who has been administratively or judicially declared legally available for adoption.
The legitimate child of one’s spouse.
An illegitimate child to improve his or her status to that of a legitimate child, provided the biological parent gives consent.
A person of legal age if:
- He/she has been consistently treated as a child of the adopter since minority.
- He/she is the biological child of the adopter, but the adoption is meant to correct or formalize the child’s legal status.

V. The Adoption Process Under RA 11642

A. Step 1: Application and Home Study

The prospective adopter submits an application to the NACC, along with personal and financial documents. A home study report is conducted by a licensed social worker to assess the adopter’s motivation, capacity, and readiness.

B. Step 2: Matching and Pre-Adoption Placement

Once approved, the NACC’s Matching Committee identifies a child legally available for adoption who best fits the adopter’s profile. The child is then placed under the pre-adoption placement program, where both parties undergo a six-month supervised trial custody (STC) period.

C. Step 3: Supervised Trial Custody (STC)

During STC, the social worker monitors the relationship and adjustment between the adopter and adoptee. If the placement is successful, a Post-Placement Report is submitted recommending the finalization of the adoption.

D. Step 4: Issuance of Adoption Order

If all requirements are met, the NACC Executive Director issues an Order of Adoption, which has the same legal effect as a judicial decree. The child is henceforth deemed the legitimate child of the adopter.

E. Step 5: Civil Registry and New Birth Certificate

The Philippine Statistics Authority (PSA) issues a new birth certificate, replacing the biological parents’ names with those of the adoptive parents. The old birth record is sealed and kept confidential.

VI. Legal Effects of Adoption

Adoption confers upon the adoptee the same rights as a legitimate child, including:

Use of the adopter’s surname.
Parental authority vested fully in the adoptive parents.
Right to support and inheritance.
Termination of biological parental rights, except in step-parent adoptions.

Additionally, adoption is irrevocable, except when the adopter fails to fulfill parental obligations or the adoption is proven to be based on fraud, coercion, or undue influence.

VII. Consent Requirements

Consent must be obtained from:

The biological parents (if known and living).
The adoptee, if aged 10 years or older.
The spouse of the adopter or adoptee, if applicable.
The DSWD or NACC, when the child is under state care.

VIII. Safeguards and Penalties

RA 11642 reinforces safeguards against child trafficking and illegal adoptions. Any person or entity facilitating adoption outside the authorized process faces criminal penalties, including imprisonment and fines. Furthermore, confidentiality of adoption records is strictly maintained to protect the privacy of all parties.

IX. Conclusion

Adoption under Philippine law is a deeply human and legally structured process, designed to uphold the child’s best interest above all. With the reforms introduced by RA 11642, the procedure has become more accessible, faster, and less adversarial, reflecting the country’s commitment to ensuring that every child grows up in a loving and permanent family environment. However, adoption remains a serious and life-changing responsibility, requiring thorough preparation, genuine intent, and strict adherence to legal safeguards.