Adoption Requirements for Unmarried Couples in the Philippines

Introduction

Adoption in the Philippines serves as a vital legal mechanism to provide permanent family homes for orphaned, abandoned, or neglected children, while enabling individuals or couples to build families through non-biological means. Governed primarily by Republic Act No. 8552 (RA 8552), the Domestic Adoption Act of 1998, as amended by Republic Act No. 11642, the Domestic Administrative Adoption Act (enacted in 2022), the Philippine adoption framework emphasizes the child's best interests, rigorous screening of prospective adopters, and the promotion of stable family environments.

The law distinguishes between domestic adoption (for Filipino children by Filipino citizens or qualified foreigners) and inter-country adoption (governed separately by RA 8043, as amended). This article focuses exclusively on domestic adoption and addresses the specific challenges and requirements for unmarried couples—defined here as cohabiting partners who are not legally married, including opposite-sex or same-sex pairs. As the Philippines does not recognize same-sex marriage or civil unions for adoption purposes, unmarried couples face unique barriers rooted in the law's emphasis on marital status as a prerequisite for joint adoption.

At its core, Philippine adoption law prioritizes joint adoption by legally married spouses to mirror the stability of traditional family units. Unmarried couples are effectively barred from adopting as a unit, compelling them to navigate the process individually or forgo joint parental rights altogether. This article comprehensively outlines the legal landscape, eligibility criteria, procedural hurdles, alternatives, and practical implications for unmarried couples seeking to adopt.

Legal Framework Governing Adoption

Key Legislation

RA 8552 (as amended by RA 11642): Establishes the substantive rules for who may adopt, the rights of the adoptee, and the adoption process. RA 11642 shifted the process from judicial to administrative oversight by the Department of Social Welfare and Development (DSWD), streamlining approvals while retaining strict eligibility standards.
Family Code of the Philippines (Executive Order No. 209): Provides ancillary rules on parental authority and family relations, which intersect with adoption by defining "legitimate" family structures.
Civil Code: Influences concepts of full civil capacity and moral character required of adopters.
DSWD Guidelines: Issued via Administrative Orders (e.g., AO 2012-004 and updates post-RA 11642), these operationalize the law, including matching, home studies, and post-adoption monitoring.

These laws collectively underscore that adoption is not merely a private transaction but a state-regulated intervention to safeguard children's welfare. For unmarried couples, the framework implicitly excludes joint petitions, as eligibility is framed around individual or spousal status.

Guiding Principles

Adoption decisions are guided by:

The best interests of the child (paramount under Article 3 of the UN Convention on the Rights of the Child, which the Philippines ratified).
Protection against trafficking or commodification of children.
Promotion of permanency and cultural continuity for Filipino adoptees.

Eligibility Requirements for Adopters

Section 7 of RA 8552 delineates who may adopt, with clear delineations based on marital status. Prospective adopters must meet cumulative criteria, assessed through mandatory pre-adoption seminars, home studies, and background checks.

General Requirements for All Adopters

Regardless of marital status, all applicants must satisfy:

Age and Capacity: Legal age (at least 18 years old) and full civil capacity. Minimum age gap of 16 years between adopter and adoptee.
Moral and Legal Standing: Good moral character; no final conviction for crimes involving moral turpitude (e.g., fraud, rape, or drug offenses); not deprived of parental authority over any child by court order.
Emotional and Psychological Fitness: Stable mental health, as certified by a licensed psychologist or psychiatrist via a trial custody period (at least 6 months under RA 11642).
Financial Capacity: Ability to provide for the child's basic material, educational, moral, and social needs, evidenced by income statements and assets.
Willingness and Training: Completion of a DSWD-approved pre-adoption orientation seminar (PADOS) and parenting skills training.
Residency: Philippine residency for at least 3 continuous years prior to filing (with limited exceptions for overseas Filipinos).

Specific Rules by Marital Status

The law explicitly categorizes adopters as follows:

Category	Eligibility Details	Joint Adoption Allowed?
Single Persons	Any unmarried Filipino citizen meeting general requirements. Includes widows/widowers or annulled/divorced individuals (though divorce is limited to Muslims or foreigners).	No—adoption is individual only.
Married Couples	Husband and wife must jointly adopt. Both must meet general requirements; spousal consent is mandatory. Minimum age applies to the older spouse.	Yes—required for married applicants.
Foreign Nationals	Limited to those with Filipino spouses or from countries with reciprocal adoption treaties; subject to additional scrutiny by the Inter-Country Adoption Board (ICAB).	Yes, but only with Filipino spouse.
Unmarried Couples	Not recognized as a distinct category. Partners cannot file jointly; treated as separate single applicants.	No—joint petitions invalid.

For unmarried couples, the prohibition on joint adoption stems from Section 7(b) of RA 8552, which mandates that "the spouse, if married, shall jointly adopt." This reflects a conservative interpretation of family law, prioritizing legally recognized marriages. Same-sex unmarried couples face the same bar, compounded by the absence of marriage equality (despite Supreme Court petitions like Ang Ladlad v. COMELEC challenging discrimination, no binding precedent extends to adoption).

Additional Restrictions

Prior Children: Adopters with biological or adopted children under 21 must obtain their consent (or guardian's if applicable).
Health Clearances: Medical certificates confirming no communicable diseases or conditions impairing parenting.
Criminal and Child Abuse Checks: National Bureau of Investigation (NBI) clearance and Child Protection Service validation.

Failure in any criterion results in denial, with appeals possible to the DSWD Secretary or, pre-RA 11642, regional trial courts.

The Adoption Process for Unmarried Couples

While unmarried couples cannot adopt jointly, one partner may proceed as a single adopter. The process under RA 11642 is now administrative, reducing timelines from 2–3 years to 6–12 months.

Step-by-Step Procedure

Application Filing: Submit to the DSWD Field Office with jurisdiction over the adopter's residence. Required documents include birth/marriage certificates (if applicable), NBI clearance, medical/psychological evaluations, and proof of income.
Pre-Adoption Services:
- Attendance at PADOS (2–3 days).
- Home study and parent-matching by a licensed social worker, assessing compatibility with available children (aged 0–16, typically from DSWD or licensed agencies).
Trial Custody: Matched child placed with the single adopter for at least 6 months. Unmarried partners may cohabitate during this period, but only the legal adopter holds authority. The non-adopter's involvement is informal and undocumented.
Administrative Hearing: DSWD panel reviews the case. If approved, a Certificate of Finality is issued, registering the adoption with the Local Civil Registrar.
Post-Adoption Monitoring: Annual reports to DSWD for 3 years, ensuring the child's adjustment.

For unmarried couples, the process highlights inequities: The non-adopting partner has no legal parental rights, exposing the family to risks like separation or disputes. If the couple later marries, the non-adopter could petition for stepparent adoption under Section 9 of RA 8552, requiring spousal consent and a new home study—but this is not retroactive.

Costs and Timeline

Fees: Minimal (PHP 1,000–5,000 for processing; additional for seminars and evaluations).
Timeline: 6–18 months, delayed by matching shortages (only ~500 domestic adoptions annually per DSWD data).

Challenges and Limitations for Unmarried Couples

Legal Barriers

No Joint Rights: The adoptee inherits only from the single adopter; the partner has no inheritance, custody, or decision-making rights under the Family Code.
Discrimination Concerns: Advocacy groups like the Integrated Network for the Empowerment of the Family (INEF) argue this violates equal protection (Article III, 1987 Constitution), but courts have upheld marital exclusivity (e.g., Republic v. Sandiganbayan on family definitions).
Same-Sex Specifics: Beyond marital status, cultural stigma and lack of anti-discrimination laws in adoption amplify hurdles, though DSWD guidelines are neutral on orientation if general criteria are met.

Practical Hurdles

Home Study Scrutiny: Social workers may probe the couple's unmarried status, potentially biasing assessments of "stability."
Child's Best Interests: Courts/DSWD prioritize environments mirroring "traditional" families, though RA 11642 emphasizes functionality over form.
International Comparisons: Unlike jurisdictions like the U.S. (where many states allow joint adoption by unmarried/same-sex couples post-Obergefell), Philippine law lags, reflecting Catholic-influenced conservatism.

Potential Risks

Relationship Dissolution: If the couple separates, the non-adopter has no claim to the child, akin to non-parent third parties.
Revocation: Adoptions are irrevocable except for fraud or abandonment (Section 19, RA 8552), but unmarried dynamics could invite challenges.

Alternatives and Strategies

Unmarried couples have limited options but can explore:

Individual Adoption by One Partner: The stronger candidate (e.g., with stable income) adopts, with the other providing informal support. Post-adoption, couples may formalize via marriage for future stepparent rights.
Foster Care: Temporary placement without legal permanence, allowing both partners to parent collaboratively (under DSWD's Alternative Child Care Guidelines).
Guardianship: Court-appointed under Rule 93 of the Rules of Court for non-adoptable scenarios, but lacks full parental authority.
Advocacy and Reform: Support bills like the SOGIE Equality Bill to expand eligibility, or petition for administrative rulings interpreting "single" inclusively.

Conclusion

In the Philippine legal context, unmarried couples are sidelined from joint adoption, reflecting a framework that privileges marital unions as the gold standard for family formation. While one partner may adopt as a single person—meeting stringent criteria of age, morality, capacity, and stability—the absence of shared rights undermines the equity and security such families deserve. As RA 11642 modernizes procedures, broader reforms to embrace diverse family structures remain essential to align with constitutional equality and the child's paramount welfare.

Prospective adopters should consult DSWD-accredited agencies or legal counsel for personalized guidance, as individual circumstances vary. Ultimately, the journey underscores adoption's transformative potential, even amid structural constraints—offering hope that legal evolution may one day affirm all loving homes.