Adoption in the Philippines: Process, Requirements, and Practical Guidance

This article explains how adoption works in the Philippines—who may adopt, who may be adopted, the step-by-step procedures (domestic and intercountry), documents, timelines, effects of adoption, and special cases such as step-parent, relative, adult, foster-to-adopt, and rectification of simulated births. It reflects the post-2022 shift to administrative domestic adoption under the National Authority for Child Care (NACC). Laws and administrative forms do change; treat this as general information, not legal advice.

1) Legal framework (what governs adoption)

Domestic adoption and alternative child care. In 2022, the Domestic Administrative Adoption and Alternative Child Care Act reorganized the system and created the National Authority for Child Care (NACC), which centralized domestic adoption and alternative child care (foster care, kinship care, residential care). Domestic adoption is now an administrative (not judicial) process handled by NACC and its Regional Alternative Child Care Offices (RACCOs).
Intercountry adoption. Intercountry adoption (placing a Filipino child with a family abroad) is coordinated by NACC as the country’s Central Authority consistent with the 1993 Hague Adoption Convention and the Inter-Country Adoption Act. Domestic placement is always preferred (the “subsidiarity” principle).
Foundlings, foster care, and simulated birth laws. Key companion statutes include: recognition and protection of foundlings (natural-born status), the Foster Care Act (foster placements and priority of foster parents to adopt), and the Simulated Birth Rectification Act (time-bound amnesty and administrative path to correct past “simulation of birth” in the child’s best interests).

2) Who may adopt (qualifications of prospective adoptive parents or “PAPs”)

Core qualifications (domestic administrative adoption):

At least 25 years old.
At least 16 years older than the adoptee (waived if the adopter is the biological parent or the spouse of the child’s parent in step-parent adoption).
With full civil capacity and legal rights; good moral character.
No conviction for a crime involving moral turpitude.
Emotionally, psychologically, and financially capable of caring for a child.
If married, the spouses file jointly (except when one spouse seeks to adopt the legitimate child of the other, i.e., step-parent adoption, where the adopting spouse is the sole petitioner but the other spouse must consent).

Filipino citizens abroad (OFWs/immigrants). Filipinos permanently residing or working overseas may adopt. If the placement will be intercountry in effect (child will reside abroad), NACC processes it under the intercountry track.

Foreign nationals (resident in the Philippines). Resident aliens may domestically adopt if they meet the general qualifications plus typical additional conditions, e.g., (a) three (3) years continuous residency in the Philippines before filing and maintaining residency until the order of adoption; and (b) a certificate of legal capacity to adopt from their diplomatic/consular office or competent authority. Usual exemptions from the residency rule include former Filipinos adopting a relative within the 4th civil degree, and step-parent adoptions. (NACC may issue specific guidance on exemptions.)

Single applicants. Permitted if otherwise qualified. (Because the Philippines does not recognize same-sex marriage nationwide, two persons in a same-sex relationship cannot jointly adopt unless their union is legally recognized as a marriage under Philippine law; a single LGBT Filipino may adopt as a sole applicant if qualified.)

3) Who may be adopted

A child (generally below 18) who has been issued a Certificate Declaring a Child Legally Available for Adoption (CDCLAA) by NACC (e.g., abandoned, neglected, voluntarily relinquished after counseling and due process).
A stepchild (the legitimate child of one’s spouse) or a relative within the 4th civil degree (e.g., grandchild, nephew/niece, first cousin). CDCLAA is typically not required in these kinship/step-parent adoptions.
A person of legal age (adult adoption) if, prior to reaching majority, the adoptee was consistently treated as a child by the adopter (e.g., long-term kinship care).
A child whose adoption was previously rescinded, or whose parent(s) are deceased, subject to statutory consents.

Foundlings. Recognized as natural-born Filipino citizens. Adoption is available and does not negate foundling status.

4) Consents required

From the adoptee if 10 years old or older.
From the spouse of the adopter (if married) and from the spouse of the adoptee (if married).
From the biological parent(s) or legal guardian unless (a) the child is under a CDCLAA (rights terminated/voluntarily relinquished through due process), or (b) the parent is unknown, deceased, or otherwise legally disqualified.
From the adopter’s children (legitimate/illegitimate/adopted) aged 10+ who are living with the adopter.
From NACC or the licensed child-placing/caring agency when applicable (institutionalized children).

5) Domestic administrative adoption (NACC): step-by-step

At a glance: Orientation → Application & Home Study → Child’s CDCLAA (if applicable) → Matching/Family Selection → Supervised Trial Custody (STC) → Petition & Evaluation → Order of Adoption → Amended PSA Birth Certificate → Post-adoption services.

Pre-adoption orientation and counseling. PAPs attend an orientation conducted by NACC/RACCO or an accredited child-placing agency. This covers legal effects, responsibilities, openness in adoption, and trauma-informed care.
Application and Home Study.
- Submit an application with standard documentary requirements (see Section 8).
- A licensed social worker prepares a Home Study Report (HSR) assessing capacity, motivation, support system, parenting readiness, and environmental safety.
Child is declared legally available (if required).
- For non-kinship/step placements, NACC issues a CDCLAA after due process (field investigation, efforts to locate parents/relatives, parent counseling for voluntary relinquishment, etc.).
- Not required for step-parent and most relative adoptions within the 4th degree.
Matching / Family selection.
- NACC (through its placement committees) matches the child with suitable PAPs based on the best interests of the child (needs, identity, culture, sibling groups, special needs).
- For identified children (step-parent/relative), this phase is largely documentary and evaluative rather than competitive matching.
Supervised Trial Custody (STC).
- The child is entrusted to the PAPs for a minimum of six (6) months of supervised custody.
- A social worker conducts periodic home visits and prepares progress reports.
- STC may be shortened or waived in appropriate cases (e.g., step-parent, close relative, or when already in long-term kinship/foster care), subject to NACC discretion and the child’s welfare.
Petition for Administrative Adoption.
- Filed with NACC/RACCO (no court filing).
- NACC evaluates the petition, HSR, STC reports, consents, and child’s records. Hearings, if any, are administrative conferences rather than court trials.
Order of Adoption (OA).
- If meritorious, NACC issues an Order of Adoption. This is final and executory under the administrative regime.
Civil registry action.
- NACC transmits the OA to the Philippine Statistics Authority (PSA) to issue an Amended Certificate of Live Birth (ACLB) listing the adopters as the child’s parents (and reflecting any approved change of name).
- The original birth record is sealed and kept confidential, subject to the adoptee’s right to know under regulated conditions.
Post-adoption services.
- Referrals for parenting support, counseling, integration of the child’s life story, and assistance with school, health, and benefits.
- NACC may require follow-up reports for a period after finalization.

6) Step-parent and relative adoption (special notes)

Simplified track because the child is already known to and often living with the PAPs.
CDCLAA usually not needed.
STC may be waived/shortened where appropriate.
The non-custodial biological parent’s consent is generally required unless parental authority has been legally ended (e.g., abandonment proven, parent is deceased, etc.).
Effects are the same as other adoptions (see Section 11).

7) Intercountry adoption (placing a Filipino child with a family abroad)

Principles & eligibility.

Domestic placement first. Intercountry is considered only when suitable domestic placement is not available within a reasonable time.
PAPs must qualify under both Philippine law/policy (NACC standards) and the receiving country’s law/policy, with a competent foreign authority/agency submitting a complete dossier (home study, clearances, medicals, financials, etc.).
Usual PAP requirements include minimum age, marital status rules, health, criminal/child-protection clearances, and parenting capacity—and at least a 16-year age gap with the child.

Process (high level).

Dossier submitted by the receiving country’s central authority/accredited agency to NACC.
Child study and CDCLAA (child’s availability) on the Philippine side.
Matching by NACC; proposal/acceptance by PAPs.
Pre-placement and immigration/visa processing, including any pre-departure orientation requirements.
Placement abroad under post-placement supervision by the foreign agency.
Finalization/recognition of adoption per the receiving country’s law; the adoption is recognized in the Philippines through NACC procedures consistent with the Hague Convention framework.

8) Documents typically required (domestic)

NACC and RACCOs publish checklists. Expect variations by case type (step-parent, relative, non-relative, adult, foster-to-adopt). A typical file contains:

From PAPs (individual/spouses):

Government-issued IDs; birth certificates; marriage certificate (or proof of single status/annulment/nullity/legally separated status, as applicable).
NBI/Police clearance; Barangay clearance (or foreign equivalents if residing abroad).
Medical certificate (physical & mental health).
Proof of income/financial capacity (employment certs, ITRs, bank statements).
Household photos, floor plan, neighborhood description.
Character references (non-relatives).
Parenting/Adoption preparation certificates (after attending required seminars/orientations).
For foreigners: residency proof and certificate of legal capacity to adopt from their consulate/competent authority.

For the child:

Birth certificate or foundling certificate;
CDCLAA (if applicable) with full case file (case study, efforts to locate parents/relatives, etc.);
Medical/developmental records, school records;
Consents (child 10+, biological parent/guardian, spouse if any);
Proof of relationship (for step-parent/relative adoptions).

From agencies/social workers:

Home Study Report (HSR); Child Study Report (CSR);
STC progress reports; recommendation for finalization;
Matching/placement documentation.

9) Timelines, fees, and practical expectations

Orientation & HSR. Weeks to a few months, depending on scheduling and completeness of papers.
Child availability (CDCLAA). Varies; due process requires diligent search/notice and parent counseling for voluntary relinquishment.
STC. Typically ≥ 6 months, subject to waiver/shortening (see Section 5).
Decision/Order of Adoption. After NACC evaluation of a complete file and satisfactory STC.
Official fees. NACC may prescribe reasonable processing fees (often lower for step-parent/relative cases). Expect out-of-pocket costs for clearances, medicals, and document authentication.
Never pay “facilitation” or “finder’s” fees to private intermediaries; it risks child trafficking and can invalidate the process.

10) Special tracks and situations

A) Foster-to-adopt

Foster parents (under the Foster Care Act) may be given priority to adopt a foster child they have continuously cared for, subject to the same HSR, CSR, consents, and best-interest standards. STC may reflect the foster history.

B) Adult adoption

Permitted where the now-adult person had been treated as a child by the adopter since minority.
Still requires consents (from the adoptee and spouses as applicable), HSR (adapted), and NACC action.

C) Rectification of simulated birth (amnesty path)

The Simulated Birth Rectification Act allows families who simulated a birth (e.g., caused a falsified birth record listing non-biological parents) before March 29, 2019, and who have continuously cared for the child, to rectify administratively within a limited window (statutory period counted from effectivity).
Requirements include good faith, best interests of the child, and compliance with NACC procedures for administrative legalization of adoption, without criminal liability for the simulation.

D) Children with special needs / sibling groups / older children

NACC actively promotes domestic placement for these children; PAP preparation focuses on trauma-informed, disability-inclusive care, and maintaining sibling connections.

11) Legal effects of adoption

Filial status. The adoptee becomes the adopter’s legitimate child for all intents and purposes.
Parental authority. Vests in the adopter(s); corresponding authority of the biological parents is severed (except the spouse-parent in step-parent adoption, whose parental authority remains and is shared with the adopting spouse).
Name & birth record. The adoptee may assume the adopter’s surname; first name changes can be included in/adjoined to the adoption order when justified. The PSA issues an Amended Certificate of Live Birth; original records are sealed but accessible under regulated conditions (privacy balanced with the adoptee’s right to know).
Support and succession. Mutual rights and obligations of support arise. For succession, the adoptee has the same rights as a legitimate child.
Irrevocability. Adoption is generally final. Only the adoptee may seek rescission on narrow grounds (e.g., repeated maltreatment, attempt on life, sexual abuse, abandonment). The adopter cannot rescind but may disinherit on legally recognized grounds.

12) Confidentiality, openness, and the adoptee’s right to know

Records are confidential; disclosure is controlled by NACC.
The modern standard encourages age-appropriate openness and life-story work so the child can understand their background without stigma.
Contact with birth relatives (if safe and appropriate) can be addressed in counseling and post-adoption planning.

13) Citizenship, travel, and recognition issues

Citizenship. Adoption does not change a child’s original citizenship rules. Foundlings are recognized as natural-born Filipinos. A foreign adoptee does not acquire Filipino citizenship by adoption (and vice versa).
Travel of minors. For international travel before or after adoption, obtain the necessary NACC/DSWD travel clearances, passports/visas, and (for emigrants) compliance with Commission on Filipinos Overseas (CFO) guidance.
Recognition of foreign adoptions. Adoptions finalized abroad under the Hague Convention (or under compliant bilateral rules) are recognized through NACC processes; expect documentary authentication and compliance checks.

14) Grounds to avoid (red flags)

Direct private placements that bypass NACC/licensed agencies.
Payments to birth families or “finders.”
Rushed paperwork, back-dated documents, or any suggestion to simulate a birth—all may constitute criminal offenses (e.g., child trafficking, falsification) and can derail the adoption.

15) Practical tips for a smoother process

Start with orientation early and gather clearances simultaneously (NBI/police, medicals, PSA docs).
Be honest and thorough in the Home Study; it’s not a test but a safeguard.
Consider openness: Prepare to share the child’s life story respectfully and truthfully.
Expect post-placement support: Parenting a child through adoption can involve trauma-informed strategies—lean on available counseling and peer groups.
Keep copies of everything; secure the Order of Adoption and PSA ACLB.

16) FAQs (quick answers)

Can a single person adopt? Yes, if qualified.
Can a same-sex couple adopt jointly? Only if their union is recognized as a marriage under Philippine law; otherwise only single-person adoption is available.
Is the 16-year age gap absolute? It is the general rule; it doesn’t apply if the adopter is the biological parent or the spouse of the child’s parent (step-parent).
How long does it take? It varies with case type, completeness of documents, STC period, and NACC workload.
Will the child’s name change? The surname typically changes to the adopter’s; changes in given name can be addressed in the order when justified.
Can adoption be undone? Only by the adoptee and only on narrow statutory grounds.

17) Checklist (domestic administrative adoption)

PAPs:

☐ Orientation certificate
☐ Application form(s)
☐ IDs, PSA birth/marriage/CENOMAR as applicable
☐ NBI/Police & Barangay clearances (and foreign equivalents if abroad)
☐ Medical & psychological evaluation
☐ Proof of income/assets; employment/business certificates; ITRs
☐ House photos/floor plan; neighborhood description
☐ Character references
☐ Foreigners: residency proof; certificate of legal capacity

Child:

☐ PSA birth/foundling certificate
☐ CDCLAA (if required) with case file
☐ Medical/developmental & school records
☐ Required consents (child 10+, parents/guardian, spouses)

Process:

☐ Home Study Report (HSR)
☐ Matching/placement documents
☐ STC progress reports (unless waived/shortened)
☐ Petition package to NACC/RACCO
☐ Order of Adoption issued
☐ PSA Amended Certificate of Live Birth released

Final note

The best interests of the child drive every decision. If you’re about to file—or your case has special circumstances (e.g., foreign spouse, prior guardianship, special needs, or rectification under the simulated birth law)—consult a child-placement social worker or a Philippine family law practitioner for tailored, up-to-date guidance.