Adoption in the Philippines has undergone significant transformation in recent years, most notably with the enactment of Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act. This law streamlined the process, shifting it from a lengthy judicial procedure to a more efficient administrative one under the National Authority for Child Care (NACC).
Whether you are looking to provide a permanent home to a child or formalizing a relationship with a stepchild, here is a detailed breakdown of the legal requirements and timeline in the Philippine context.
I. Eligibility: Who Can Adopt?
Under the current legal framework, both Filipino citizens and foreign nationals may adopt, provided they meet specific criteria:
- Age: The adopter must be at least twenty-five (25) years of age and at least fifteen (15) years older than the adoptee. This age gap may be waived if 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 provide for the child’s proper care, support, and education.
- Mandatory Joint Adoption: Married couples must adopt jointly. Exceptions apply only if one spouse seeks to adopt their own biological child or the legitimate child of the other spouse, or if the spouses are legally separated.
For Foreign Nationals: Foreigners must have lived in the Philippines for at least three (3) continuous years prior to filing the application and must maintain such residency until the issuance of the Adoption Order. They must also prove that their home country allows the child to enter and reside there as a legal child.
II. The Administrative Process: Step-by-Step
The transition to an administrative process means that adoption is now handled by the NACC rather than the Regional Trial Courts (RTC), drastically reducing legal fees and waiting times.
1. Application and Home Study
The prospective adoptive parents (PAPs) file an application with the Regional Alternative Child Care Office (RACCO). A licensed social worker will then conduct a Home Study Report, assessing the PAPs' motivation, lifestyle, and environment.
2. Matching and Placement
Once cleared, the PAPs are placed on a registry. For children "declared legally available for adoption" (CDLAA), a matching committee pairs the child with the most suitable parents.
Note: This step is bypassed in cases of relative or step-parent adoption.
3. Supervised Trial Custody (STC)
Before the adoption is finalized, the child is placed with the PAPs for a minimum of six (6) months. This period allows the social worker to monitor the adjustment of both the child and the parents. This may be shortened at the discretion of the NACC.
4. Petition for Administrative Adoption
After a successful STC, the PAPs file the formal Petition for Administrative Adoption with the RACCO.
5. Issuance of the Order of Adoption
The NACC reviews the recommendation. If satisfied that the adoption is for the best interest of the child, it issues an Order of Adoption and a Certificate of Finality.
III. Estimated Timeline
While every case varies based on the child's circumstances and the PAPs' readiness, the administrative shift has optimized the schedule:
| Phase | Estimated Duration |
|---|---|
| Preparation & Home Study | 3 to 6 months |
| Matching (if applicable) | Variable (can take months to years) |
| Supervised Trial Custody | 6 months (standard) |
| Administrative Review & Order | 2 to 4 months |
| Total (Post-Matching) | Approx. 9 to 12 months |
IV. Documentary Requirements
Applicants should prepare a "Dossier" including, but not limited to:
- PSA-issued Birth Certificates (Applicants and Child).
- PSA-issued Marriage Contract or Decree of Annulment/Legal Separation.
- NBI/Police Clearances and Court Clearances.
- Medical Certificates (physical and psychological fitness).
- Income Tax Returns or Proof of Financial Capacity.
- Character references from at least three non-related persons.
- Recent photos of the applicants and their home.
V. Effects of Adoption
Once the Order of Adoption is issued:
- Severance of Legal Ties: All legal ties between the biological parents and the adoptee are severed (except in step-parent adoptions).
- Parental Authority: Full parental authority is vested in the adopters.
- Succession: The adoptee acquires the same rights as a legitimate child of the adopters, including the right to use their surname and the right to inherit.
- New Birth Certificate: A new birth certificate is issued by the PSA, which will not indicate that the child is adopted.
Would you like me to draft a checklist of the specific documents required for the Home Study Report?