The adoption of a foreign stepchild in the Philippines is a specialized legal process governed primarily by Republic Act No. 11642, otherwise known as the "Domestic Administrative Adoption and Alternative Child Care Act." This law, effective as of early 2022, revolutionized the adoption landscape by pivoting from a purely judicial process to an administrative one, aimed at making adoption less adversarial, more efficient, and less expensive.
When a Filipino citizen or a foreigner permanently residing in the Philippines seeks to adopt the legitimate or illegitimate child of their spouse, it is classified as a Step-parent Adoption.
1. The Administrative Shift (NACC)
The most significant change in recent Philippine law is the creation of the National Authority for Child Care (NACC). Adoption is now primarily administrative. While judicial proceedings were previously mandatory, the law now allows the NACC to issue an Order of Adoption which has the same force and effect as a court decree.
2. Eligibility Requirements for the Petitioner
To adopt a foreign stepchild, the step-parent (Petitioner) must meet the following criteria under Philippine law:
- Legal Age: Must be at least twenty-five (25) years old and at least fifteen (15) years older than the child, unless the adopter is the biological parent or the spouse of the biological parent.
- Legal Capacity: Must have full civil capacity and legal rights.
- Character: Must be of good moral character and have not been convicted of any crime involving moral turpitude.
- Financial Stability: Must be in a position to support and care for the child in keeping with the means of the family.
- Residency: If the petitioner is a foreign national, they must have been residing in the Philippines for at least three (3) continuous years prior to the filing of the petition and maintain such residence until the adoption decree is entered.
3. Essential Consents
Adoption is a proceeding in rem; thus, the written consent of the following is mandatory:
- The Adoptee: If the child is ten (10) years of age or over.
- The Biological Parents: The consent of the biological spouse is required. If the other biological parent is known, their consent is generally required unless they have abandoned the child or are deceased.
- Legal Children: The written consent of the adopter's and the spouse's legitimate and adopted children if they are ten (10) years of age or over.
4. Documentary Requirements
A petition for administrative adoption must be filed with the Regional Alternative Child Care Office (RACCO) where the child resides. Key documents include:
- Child Case Study Report and Home Study Report: Prepared by a licensed social worker.
- Birth Certificates: Of both the petitioner and the child (duly authenticated/apostilled if foreign).
- Marriage Certificate: Proof of the legal union between the petitioner and the child's biological parent.
- NBI/Police Clearances: To prove good moral character.
- Medical Certificates: Ensuring the petitioner is physically and mentally fit.
- Consent Forms: Executed under oath.
5. Legal Effects of Step-parent Adoption
Once the NACC issues the Order of Adoption, several legal transformations occur:
| Feature | Legal Outcome |
|---|---|
| Severance of Ties | All legal ties between the biological parent (who is not the spouse) and the child are severed. |
| Parental Authority | Full parental authority is vested in the adopter and the biological spouse jointly. |
| Legitimacy | The child is considered a legitimate child of the adopter for all intents and purposes. |
| Succession | The child acquires the right to inherit from the adopter (and vice versa) as a compulsory heir. |
| Surname | The child is entitled to use the surname of the adopter. |
6. Legal Recognition and Nationality Issues
A critical distinction in the adoption of a foreign stepchild is the impact on the child's citizenship:
- Recognition in the Philippines: The Philippine government recognizes the child as a "legal child" of the Filipino/Resident parent.
- Citizenship: Adoption by a Filipino citizen does not automatically grant Philippine citizenship to a foreign child. The child remains a foreign national unless they undergo the process of naturalization or if specific Bureau of Immigration (BI) visa adjustments are made (e.g., recognition as a Filipino citizen if one biological parent is Filipino).
- Recognition Abroad: For the adoption to be recognized in the child’s country of origin, the petitioner may need to comply with the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption if the child is being moved across borders, though step-parent adoptions are often treated with more flexibility.
7. The Post-Adoption Phase
After the administrative decree is issued, the NACC directs the Office of the Civil Registrar to:
- Seal the original birth certificate.
- Issue a new birth certificate which shall not bear any notation that it is an "amended" certificate, ensuring the child’s privacy and integration into the new family unit.