Adult Adoption in the Philippines: Eligibility, Procedure, and Fees

Updated to reflect post-2022 practice in the Philippines. This is a general legal guide and not a substitute for advice on a specific case.

1) Big picture

In the Philippines, adult adoption (adopting a person 18 years or older) is a judicial proceeding handled by the Family Courts. By contrast, the 2022 reform that created the National Authority for Child Care (NACC) shifted minor (child) adoptions to an administrative track. In short:

Adults → petition filed and decided by a Family Court (judge).
Children → administrative adoption before NACC.

Because adult adoption remains court-based, expect formal pleadings, hearings, and court-issued decisions, followed by civil registry/PSA action to reflect the adoption in the adoptee’s records.

2) Who may adopt an adult (the adopters)

A Filipino or foreign national may adopt, provided they are legally capacitated under Philippine law and (for foreigners) also under their national law. Core requirements commonly applied by courts:

Age: Adopter must be at least 16 years older than the adoptee, unless they are the adoptee’s spouse, parent by nature (e.g., adopting an acknowledged child), or a close relative where courts sometimes relax the age-gap rule for good cause.
Civil status: Single, married, or widowed persons may adopt. Spouses generally adopt jointly, except when (a) one spouse adopts the other’s child (step-parent adoption), or (b) there is a justifiable reason for separate filing.
Character and capacity: Good moral character, no disqualifying criminal record involving moral turpitude, and the ability to support and care for the adoptee.
Foreign nationals: Typically must show (i) legal capacity to adopt under their national law (often via a diplomatic/consular certification), and (ii) that their own law recognizes the effects of a Philippine adoption. Courts may also examine residency and substantial ties to the Philippines, particularly if both parties reside here.

Note on inter-country adoption: The inter-country adoption framework is geared to children, not adults. Adult adoption by a foreigner is pursued, if at all, as a domestic judicial adoption in a Philippine Family Court, subject to the foreign adopter’s national law.

3) Who may be adopted as an adult (the adoptee)

A person 18 years or older may generally be adopted if:

The adoption will formalize a parent-child relationship that has existed since the adoptee’s minority (e.g., a step-parent or a relative has long acted in loco parentis).
The adoption will legitimize family bonds (e.g., to reflect true filial ties, provide succession clarity, or unify surnames).
The adoptee consents in writing (personal consent is indispensable for adults).
There is no fraud, coercion, or improper purpose (e.g., evading immigration or criminal laws).

Adult adoption is not a device to obtain citizenship or immigration benefits per se; Philippine adoption does not automatically confer Philippine citizenship on a foreign adoptee.

4) Required consents

For an adult adoption, express written consent is typically required from:

The adoptee (because they are of age).
The adopter’s spouse, if the adopter is married (unless exempt—e.g., legal separation, estrangement, or other judicially recognized exception).
The adoptee’s spouse, if the adoptee is married (for surname changes and family status effects).
Other persons if circumstances warrant (e.g., a biological parent’s information for record-completeness in step-adoptions, though the adult’s own consent is controlling).

5) Core effects of adult adoption

Once the court issues a Decree of Adoption, the legal consequences generally mirror those of child adoption, with adult-appropriate limits:

Filiation and status The adoptee becomes the adopter’s legitimate child, with all incidents of legitimacy (except parental authority, which is moot for adults).
Surname The adoptee may use the adopter’s surname. Adults typically choose whether to take the adopter’s surname or retain their current one, but the decree and civil registry entries must reflect the choice.
Succession/inheritance Adopted children are compulsory heirs of the adopter in intestacy and for legitime purposes, like biological legitimate children.
Civil Registry/PSA records The court directs the Local Civil Registrar and the PSA to annotate or issue a new birth record reflecting the adoption. For adults, annotations are typically made; courts may also order issuance of an amended Certificate of Live Birth.
Citizenship No automatic change of citizenship results from adoption. Nationality remains governed by constitutional and citizenship statutes (e.g., jus sanguinis for Filipinos).
Confidentiality Adoption records are generally confidential; access requires court authorization or is limited by law.

6) Where to file

File the Petition for Adoption with the Family Court (Regional Trial Court designated as a Family Court) having jurisdiction over the petitioner’s or adoptee’s residence, applying the venue rules for adoption cases.

7) Documentary checklist (typical)

Courts have discretion, but these documents are commonly required:

Petition for Adoption (verified), stating jurisdictional facts and grounds.
Adopter’s government IDs, proof of residence, and civil status:
- If married: Marriage Certificate (PSA).
- If previously married: proof of annulment, nullity, divorce (if recognized), or death of spouse, as applicable.
Adoptee’s Birth Certificate (PSA), and valid ID.
Consents: adoptee’s written consent; spouse’s consent(s) as applicable.
Police/NBI clearance of adopter (and sometimes adoptee), showing no disqualifying convictions.
Medical certificate(s) showing fitness to adopt (and sometimes adoptee’s medical summary).
Financial capacity evidence (e.g., employment certificate, ITRs, payslips, business documents).
Photos evidencing relationship/history (especially to prove treatment “as a child since minority”).
Foreign adopters: Certificate of Legal Capacity to Adopt (or equivalent) issued/recognized by their embassy/consulate or competent authority; passport/immigration documents; proof of domicile/residency.
Special powers of attorney if filing or appearing through an attorney-in-fact for limited steps (court appearances by the principal are usually still required).

Home/Case Studies: Social worker reports are standard for child adoption. For adult adoption, courts often tailor or waive certain welfare home studies; however, some judges still request social case reports to confirm best interests, voluntariness, and the absence of undue influence. Be prepared.

8) Procedural roadmap (step-by-step)

Pre-filing preparation
- Gather documents and draft the verified petition.
- Line up consents (adoptee and spouses, if any).
- For foreigners: secure legal capacity to adopt certification.
Filing and raffle
- File in the proper Family Court; pay docket/legal research/sheriff fees.
- The case is raffled to a branch.
Court issuance of initial orders
- The court may issue an order setting hearing and direct notice to concerned agencies/parties.
- Some courts require publication or posting of the Order (practice varies by court and by the relief sought—e.g., if a change of name is also prayed for, publication is more likely to be directed).
Social worker involvement (as directed)
- If the judge orders a case study or validation report, a court social worker (or DSWD/LGU social worker) conducts interviews and submits a report.
Hearing(s)
- Testimonial evidence from adopter, adoptee, and supporting witnesses to establish:
  - Capacity and good moral character of the adopter;
  - The genuine parent-child relationship (often since the adoptee’s minority);
  - Voluntariness and informed consent of the adult adoptee;
  - Best interests and lawful purpose.
- Documentary evidence is formally offered.
Decision (Decree of Adoption)
- If granted, the court issues a Decree of Adoption.
- If a surname change is requested, the decree will state it.
Civil registry implementation
- Serve certified copies of the Decree on the Local Civil Registrar and PSA to annotate/issue the amended birth record.
- Obtain updated PSA copy when available (processing time varies).
Post-decree
- Update IDs, bank/insurance/HR records, and personal documents to reflect the new legal status/surname (if changed).

Typical timelines: Because adult adoption is judicial, timeframes vary widely by court congestion, publication directives (if any), and the need for social reports. A practical span ranges from several months to over a year.

9) Fees and costs (typical items & realistic ranges)

Fees differ by location and court; amounts below are practical ballparks intended for planning. Always verify at filing.

Filing/Docket Fees: ~ ₱3,000–₱6,000 (includes legal research fund and often a small sheriff’s fee component; metropolitan courts trend higher).
Publication (if ordered, particularly when a change of name is included): ₱8,000–₱25,000+, depending on the newspaper and frequency/duration.
Professional fees (lawyer): Highly variable; uncomplicated adult adoptions commonly range from ₱60,000–₱200,000+, scaling with complexity, travel, and multiple hearings.
Clearances/Certificates (NBI, police, medicals, consular certifications): typically ₱500–₱15,000 total, depending on foreign documents and authentication.
PSA and civil registry copies/annotations: ₱300–₱3,000+ (including courier and extra certified copies).
Miscellaneous (notarization, photocopying, transport): ₱2,000–₱10,000.

Indigency: Courts can allow pauper litigant status, reducing or waiving certain court fees upon proof of indigency.

10) Special patterns & edge cases

Step-parent adoption of an adult: Common when a step-parent has acted as a parent since the adoptee’s childhood; typically smoother, with spouse’s consent.
Relatives (e.g., grandparents, aunts/uncles) adopting an adult: Courts look closely at best interests and historical caregiving; the 16-year age gap may be naturally satisfied.
Surname only vs. full adoption: A simple change of surname is not the same as adoption. Adoption changes filiation and succession rights; a mere name change does not.
Adoption for migration: Courts scrutinize cases where the predominant motive appears to be immigration/citizenship advantage. Adoption must reflect genuine filial ties; immigration outcomes are collateral and governed by foreign law.
Prior parental authority or support disputes: For adults, parental authority is moot; however, courts may examine whether adoption is being used to evade obligations or to defraud heirs/creditors.
Multiple adopters: Spouses usually adopt jointly. Unmarried partners cannot “jointly” adopt unless both independently qualify and the court is satisfied that the arrangement serves the adoptee’s best interests (courts are cautious here).

11) Rescission and revocation

Who may rescind: As a rule, the adoptee (including an adult adoptee) may file for rescission on serious grounds (e.g., maltreatment, attempt on life, sexual abuse, or other grave causes).
Adopter’s rescission: Not generally allowed; the adopter cannot rescind at will. The adopter may seek other remedies (e.g., disinheritance) under strict conditions if grounds exist under succession law.
Effects of rescission: Restores the pre-adoption status prospectively: surname reversion (if desired), mutual succession rights adjust prospectively, and civil registry entries are re-annotated.

12) Evidence strategy (what judges usually look for)

Continuity of relationship: Photos, school records, affidavits, remittance histories, family celebrations—showing the adopter stood as a parent figure since the adoptee’s minority.
Moral fitness & capacity: Clean clearances, stable income, supportive family testimony.
Voluntariness: The adult adoptee’s clear, informed consent on record.
Clear purpose: Family unity, recognition of real ties, succession clarity—not evasion of law or purely economic motives.

13) Practical tips

Pre-align surnames: If the adult adoptee will change surnames, plan updates to passports, licenses, bank accounts, and HR files after the PSA annotation issues.
Foreign documents: Anticipate apostille/consular legalization timelines and costs.
Witnesses: At least one corroborating witness (a relative, long-time family friend, or godparent) strengthens the history of parental care.
Bundle relief prudently: If you also need a change of name (e.g., to correct given names), discuss with counsel whether to combine or sequence petitions, because publication requirements and timelines may change.

14) Frequently asked questions

Q: Can a Filipino abroad adopt an adult relative in the Philippines? A: Yes, but it remains a Philippine court process. Expect to travel for hearings or arrange limited remote appearances if allowed. Evidence must still show genuine parent-child ties.

Q: Does adoption automatically allow me to petition the adoptee for a foreign visa or green card? A: No guarantee. Foreign immigration systems have their own rules; adult adoptions often do not generate benefits comparable to those for minor children.

Q: Can I adopt my spouse? A: No. Adoption creates a parent-child relationship; it cannot be used to alter a subsisting spousal relationship.

Q: Can the adult adoptee keep their current surname? A: Yes. Adults can elect to retain their surname; the decree must reflect the choice.

Q: How long does it take? A: It varies widely by court and case complexity; plan for several months to a year or more.

15) Take-home summary

Adult adoption in the Philippines is court-based, focused on formalizing real parental bonds—often those that existed since the adoptee’s childhood.
Success hinges on capacity, consents, credible history, and clear, lawful purpose.
Expect court fees, potential publication (if name change is involved), possible social reports, and PSA updates after the decree.
Adoption changes filiation and inheritance; it does not automatically change citizenship.

Disclaimer

This article summarizes prevailing principles and common court practices for adult adoption in the Philippines. Particular courts may impose additional documentary or procedural requirements. For case-specific guidance, consult counsel familiar with the Family Courts in your locality.