Here’s a comprehensive, practitioner-style explainer on the adoption rules for same-sex couples in the Philippines. It’s written for counsel, HR/compliance leads at NGOs, social workers, and families planning their path. This is general information, not legal advice.

Big picture (TL;DR)

There is no nationwide recognition of same-sex marriage or civil unions in the Philippines as of today.
Domestic adoption is now an administrative (not court) process handled by the National Authority for Child Care (NACC) under the Domestic Administrative Adoption and Alternative Child Care Act (Republic Act No. 11642).
Under Philippine law and practice, joint adoption is reserved for married spouses. Because same-sex couples are not legally “spouses” under current Philippine law, they cannot apply to jointly adopt domestically.
Single-applicant adoption is allowed. A person who is LGBTQ+ may adopt as a single parent if they satisfy all statutory requirements.
“Second-parent” or “step-parent” adoption (adopting a partner’s child) generally requires the adopting partner to be a legal spouse. Without a legally recognized marriage, this route is not available domestically.
Inter-country adoption (for Filipino children placed abroad) is a different track historically governed by the Inter-Country Adoption Act (Republic Act No. 8043), with functions now consolidated under the NACC. The receiving country’s laws on marital recognition can affect eligibility, but Philippine placement decisions remain governed by Philippine law and policy on the child’s best interests.

Sources of law & agencies (framework)

RA 11642 (Domestic Administrative Adoption and Alternative Child Care Act)
- Centralizes domestic adoption and alternative child care (foster care, kinship care, residential care, matching) in the NACC.
- Replaced the court-petition model (under RA 8552) with an administrative petition resolved by the NACC.
RA 8043 (Inter-Country Adoption Act) (as functionally integrated under RA 11642)
- Governs inter-country placement of Filipino children to foreign adopters through the (now-integrated) central authority.
RA 11222 (Simulated Birth Rectification Act)
- Limited, time-bound avenue to rectify simulated births by converting them into lawful adoptions when strict conditions are met.
Family Code & related rules
- On parental authority, consents, legitimacy effects, and succession once adoption is granted.

Who may adopt—general eligibility (domestic)

An individual applicant (including an LGBTQ+ person) may adopt domestically if they meet statutory criteria, typically including:

Age: at least 25 years old.
Age gap: generally 16 years older than the adoptee (with narrow exceptions, e.g., adopting a relative).
Capacity & character: full civil capacity and legal rights; good moral character; no conviction for a crime involving moral turpitude.
Capability: emotionally, psychologically, and financially able to care for a child.
Intent: genuine intent to adopt, not for improper motives.

Married couples adopt jointly. Because same-sex marriages are not recognized domestically, same-sex partners do not qualify as “spouses” for a joint application. Each partner individually may still qualify as a single adopter.

Who may be adopted (domestic)

A child declared legally available for adoption by the NACC (through a Certificate Declaring a Child Legally Available for Adoption), usually after orphaning, abandonment, neglect, or voluntary relinquishment, following due process.
A relative within the allowable degree, subject to safeguards.
In specific situations, a step-child or the spouse’s child—but this presupposes a valid marriage (see “step-parent adoption” below).

Consents needed

Depending on the case:

Adoptee’s consent if the child is of sufficient age (commonly 10 years or older under prior practice; the NACC process follows similar child-participation principles).
Biological parents’/legal guardian’s consent where required (unless parental rights were previously terminated or the child was declared legally available for adoption).
Spousal consent—applicable only if the adopter is married (again, same-sex partners are not legally “spouses” under current law).

Process overview (domestic, under RA 11642)

Inquiry and orientation with NACC or a licensed child-caring/placing agency.
Application & home study (by a licensed social worker) assessing fitness and readiness.
Matching/Family selection by NACC, guided by the best-interests standard.
Supervised Trial Custody (STC) for a defined period, with social-worker monitoring.
Administrative petition and Order of Adoption issued by the NACC (not a court), after which the child is issued a new birth record showing the adopter as parent.
Post-adoption services and finalization steps (e.g., civil registry actions).

Effect of adoption: the adoptee becomes, for all intents and purposes, the adopter’s legitimate child—with full parental authority, successional (inheritance) rights, change of surname, and a new birth certificate.

Step-parent and second-parent adoption

Step-parent adoption (adopting your spouse’s child) is common only if there is a valid marriage to the child’s legal parent. Without recognized marriage, your partner’s child cannot be adopted via the step-parent route.
Second-parent adoption (adopting your unmarried partner’s child without marrying the partner) is not a recognized category in Philippine domestic law. The default path is single-applicant adoption.

Implication for same-sex partners: if one partner completes a single-parent adoption, the other partner has no automatic parental status and cannot later “convert” that into a joint adoption absent a legally recognized marriage. This has serious consequences for decision-making, custody, and inheritance if the legal parent dies or the relationship ends.

Inter-country adoption (Filipino children placed abroad)

Placement decisions follow Philippine law and policy (best interests, subsidiarity, suitability), while compliance in the receiving country follows that country’s laws.
A single foreign applicant from a country with appropriate child-protection systems can be considered.
Where foreign same-sex marriages are valid in the receiving country, that status may help meet that country’s joint-adoption eligibility, but Philippine matching and approval still apply. Philippine authorities may consider marital recognition, stability, and legal protections available to the child in the receiving country as part of best-interest analysis.
Practical tip: many cases proceed as single-applicant inter-country adoptions if joint marital status would complicate Philippine recognition.

Foster care and kinship care

Foster care (separate from adoption) allows approved individuals to provide temporary family care. Single applicants—including LGBTQ+ individuals—may qualify if they meet licensing standards under the Foster Care Act and NACC guidelines.
Kinship care prioritizes placement with relatives when safe and suitable. This can be a bridge to relative adoption.

Practical strategies for same-sex couples (domestic)

Since joint adoption is not available domestically:

Single-applicant adoption
- Decide which partner will be the legal adoptive parent.
- The non-legal parent should not be presented as a “co-parent” in filings; instead, support the application through the home study as part of the household.
- Be candid about caregiving arrangements; child’s best interests are paramount.
Strengthen the non-legal partner’s role (non-adoptive parent)
- Guardianship planning: execute a will designating the child’s property guardian and expressing wishes for personal care; seek letters of guardianship from the family court if needed (especially if the legal parent dies or becomes incapacitated).
- School/medical authorizations: secure special powers of attorney, school pick-up and emergency-care authorizations, and healthcare proxies to avoid day-to-day friction.
- Insurance/beneficiary designations: explicitly name the child and/or partner.
- Succession planning: a notarized will (and, where appropriate, trusts) to protect the child and partner—bearing in mind legitime rules in succession.
ART/surrogacy scenarios
- Philippine law has no comprehensive statute on assisted reproduction or surrogacy. Parentage typically follows the birth mother (and her legal spouse, if any). Without recognized marriage, a non-gestational same-sex partner generally lacks automatic status; adoption by the single intended parent may still be necessary.
Avoid simulated births
- Never attempt to list a non-parent as a parent on the birth certificate. This is a crime. If a simulation occurred in the past, consult counsel about the RA 11222 rectification pathway (strict eligibility applies).

Red-flag misunderstandings to avoid

“We live together like spouses, so we can co-adopt.” → No, joint adoption is for married spouses only.
“My partner can file a step-parent adoption of my child even if we’re not married.” → No, step-parent adoption presupposes a marriage to the child’s legal parent.
“Once we adopt as a single parent, we can later add my partner to the birth certificate.” → No, there is no mechanism to “add” a second legal parent absent a recognized marriage and a lawful adoption route.
“We can just agree privately that we’re both parents.” → Private agreements do not create parental authority against third parties or the State.

What decision-makers look for (keys to approval)

A clean, coherent caregiving plan showing the household’s stability, safety, and the child’s best interests.
Transparent home study participation by both partners, even if only one is the legal applicant.
Financial capacity (predictable income, housing, healthcare).
Psycho-social readiness (supportive family network, parenting knowledge, openness to post-adoption services).
Legal compliance (accurate documents, truthful declarations, respect for the matching process).

Effects of adoption (once granted)

The adoptee becomes the adopter’s legitimate child for all civil purposes: surname, parental authority, support, succession, travel consents, school/medical decisions.
A new birth record is issued reflecting the adoptive parent’s name.
Ties with the biological family are generally severed, except where the adopter is a spouse of a biological parent (not applicable to unmarried partners).

Rescission (very rare; child-protective)

The child (through the NACC or a representative) may seek rescission on narrow grounds (e.g., maltreatment or abuse).
Adopters cannot rescind simply because of changed circumstances; permanent filiation is the rule.

Compliance checklist (for same-sex couples pursuing the single-applicant route)

Decide the legal parent-applicant.
Attend NACC orientation; obtain and review the application kit.
Undergo the home study and be truthful about the partner’s presence in the home.
Prepare civil status documents, NBI/police clearances, medical/psych evaluations, proof of income/housing.
Draft estate/guardianship instruments (will, guardianship nominations, SPA/medical consent forms).
Line up character references and community support.
Engage a competent social worker and, where helpful, counsel for planning and document review.

Frequently asked (quick answers)

Can we file as “partners” and both be named parents? Not domestically. File as a single applicant.
If we migrate to a country recognizing our marriage, can we both be legal parents there? Possibly under that country’s law; however, the Philippine adoption will reflect only the single adoptive parent unless and until a new legal act in that jurisdiction recognizes both—and recognition back in the Philippines is a separate conflict-of-laws question.
Does the law ban LGBTQ+ people from adopting? No. The law is status-neutral for single applicants. The limitation is on joint adoption, which is tied to marriage.

Practical counsel’s note

In the Philippines, the child’s best interests govern every decision. Same-sex partners can and do adopt as single applicants and build loving, secure families. Because the law does not presently offer a pathway to joint legal parentage for unmarried partners, smart risk-management and paperwork—guardianship nominations, school and medical SPAs, and careful estate planning—are essential to protect the child and the non-legal parent.

If you’d like, share your facts (ages, civil status, residence, child’s status, timelines), and I can sketch a step-by-step plan, including document templates (checklists, SPAs, model consent wording, and a will clause naming a standby guardian).