Overview: the short legal answer

In the Philippines, a child’s own written consent to adoption is required once the child is at least ten (10) years old. Below 10, the law generally does not require the child’s written consent, but the child’s views and welfare remain central to the process.

For other situations often described as a “change of parentage” (for example, legitimation, recognition/acknowledgment, or correcting parentage entries in civil registry records), there is no single universal “consent age.” The governing rule depends on the specific legal mechanism—and in many non-adoption mechanisms, the change is driven by law, evidence, and procedure rather than a minor’s consent.

1) What “consent” means in Philippine child and family law

“Consent” in adoption is not a casual “yes.” It is a legal act expected to be:

Informed (the child understands what adoption means in age-appropriate terms),
Voluntary (free from force, threats, manipulation, or improper pressure),
Documented (typically written, and handled within formal casework).

Philippine adoption policy also follows the best interest of the child standard and the child’s right to be heard (a principle consistent with the country’s child-rights framework). This is why, even when written consent is not legally required because of age, the child’s expressed feelings can still matter in the evaluation of whether adoption should proceed.

2) Adoption is a legal change of parentage

Adoption is the clearest and most complete “change of parentage” because it creates a new legal parent-child relationship. As a rule, adoption:

Establishes the adopters as the child’s legal parents,
Confers on the adoptee the status of a legitimate child of the adopter(s) for most civil purposes (including inheritance),
Terminates parental authority of the biological parents except in certain contexts (notably step-parent adoption, where the spouse who is the child’s biological parent remains a legal parent).

Because adoption reorders core rights—custody, parental authority, surname, succession, and civil status—Philippine law explicitly calls for the child’s participation once the child reaches a specified age.

3) The key age threshold for a child’s consent to adoption: 10 years old

A. Domestic adoption (now largely administrative in pathway)

Under Philippine adoption statutes (including reforms that streamlined domestic adoption through an administrative process), the written consent of the adoptee is required if the child is ten (10) years old or over.

This “10 years old” threshold has long appeared in Philippine adoption law and is treated as the point at which the child’s personal assent is formally required—not merely considered.

B. What happens if the child is under 10

If the adoptee is below 10:

The child’s written consent is not a legal requirement, but
The child’s views, adjustment, and readiness are still assessed through casework, interviews, and psychological/social evaluation where appropriate.

A strong, persistent objection from a younger child can affect the outcome because adoption must remain consistent with the child’s welfare—not simply the adults’ preferences.

C. What “10 years old or over” means in practice

If the child is 10+, adoption caseworkers and the deciding authority typically ensure:

The child receives an explanation of adoption (what changes, what stays the same),
The child is interviewed in a child-sensitive manner,
The child signs a consent document in conditions that reduce coercion.

If a child refuses to consent when consent is legally required, that refusal is ordinarily a major barrier to approval, because the law treats the child’s consent at that age as a substantive prerequisite—not a formality.

4) Whose consent is required in adoption (besides the child)?

A child’s consent is only one part of the consent structure. Depending on the case, Philippine law may require consent from:

Biological parent(s) (unless rights are legally severed or the child is legally available for adoption due to abandonment/neglect or other grounds recognized by law),
The spouse of the adopter (if married),
The spouse of the adoptee (if the adoptee is married),
In many frameworks, other children in the household of a certain age (commonly 10 years old or over) whose interests may be affected by the adoption,
A guardian or institution legally responsible for the child, in cases where the child is under guardianship or in institutional care.

Because the fact patterns vary widely—abandonment, voluntary surrender, step-parent adoption, relative adoption—consent requirements can shift. But the adoptee’s 10-year threshold remains the anchor point for the child’s own legally required consent.

5) Step-parent adoption and the child’s consent

Step-parent adoption is common in the Philippines where one spouse adopts the other spouse’s child.

The child’s consent rule is the same: if the child is 10 or older, the child’s written consent is required.
The consenting biological parent (the spouse who is already a legal parent) typically remains a legal parent after the adoption.
The other biological parent’s consent may be required unless the law allows dispensing with it due to legally established grounds (e.g., unknown parentage, abandonment, loss of parental authority, or other recognized conditions).

6) Relative adoption and the child’s consent

In relative adoption (adoption by grandparents, aunts/uncles, siblings, or other relatives):

The 10+ written consent requirement still applies to the adoptee.
The evaluation may focus heavily on continuity of care, emotional bonds, and stability—often making the child’s expressed preferences especially important even when the child is younger than 10.

7) Inter-country adoption and the child’s consent

While inter-country adoption is subject to additional safeguards and international coordination, the child’s participation principle remains:

If the child is 10 or older, the child’s consent is typically treated as a required component, consistent with Philippine consent norms and child-protection standards.
Additional layers often include matching review, clearances, and post-placement reporting.

8) Administrative adoption vs judicial adoption: does the consent age change?

No—the age at which the child must consent (10+) does not hinge on whether the proceeding is administrative or judicial. The forum affects procedure and which authority issues the final approval, but the child-consent threshold is a substantive rule tied to the child’s participation rights in adoption.

9) Does the child have to consent to “being declared legally available for adoption”?

Not in the same way.

Before a child can be adopted, the child must typically be determined to be legally available (through processes addressing abandonment, neglect, voluntary surrender, or other qualifying circumstances). This stage focuses on the child’s legal status and the termination/absence of parental authority by biological parents.

A child’s “consent” is not usually the legal trigger for that determination; however, the child’s circumstances, welfare, and statements can form part of the social case study and protection assessment.

10) What counts as “change of parentage” besides adoption?

People often use “change of parentage” to refer to several different legal events. In the Philippines, common ones include:

Legitimation (by subsequent marriage of parents, if the law’s conditions are met),
Recognition/acknowledgment of an illegitimate child (establishing filiation),
Use of the father’s surname by an illegitimate child (commonly associated with recognition and documentary rules),
Judicial actions affecting filiation (to establish or impugn paternity/maternity),
Civil registry corrections involving parentage entries (usually requiring judicial proceedings because parentage is a substantial status matter).

Each has its own rules. Importantly, many of these are not “consent-based” for minors in the way adoption is.

11) Legitimation: no “consent age” in the usual sense

Legitimation under the Family Code happens when parents who had no legal impediment to marry at the time of the child’s conception marry each other later, and the law’s requirements are satisfied. The child becomes legitimate by operation of law, with civil registry annotation following the required process.

There is typically no requirement that the minor child consent for legitimation to take effect.
Practically, the parents (or the appropriate party) pursue the documentation and annotation.

This is a “change of status” rooted in the parents’ marriage and legal conditions, not a minor’s permission.

12) Recognition/acknowledgment of filiation: again, not primarily “minor consent–driven”

Establishing paternity or maternity (especially for illegitimate children) can occur through:

Birth records and acknowledgment,
Affidavits or public documents recognizing filiation,
Court actions supported by evidence (including, in modern practice, scientific evidence where permitted and relevant).

For minors, the law generally treats filiation as a matter of status and proof, not something a child can veto by withholding consent. However:

As children mature, their agency becomes more relevant procedurally (for example, who can file, who must sign, who must be included as a party, and what preferences are credible and consistent).

13) Using or changing to the father’s surname for an illegitimate child: the “18 vs minor” practical divide

Under the statute that allows an acknowledged illegitimate child to use the father’s surname (commonly associated with R.A. 9255 and implementing rules), the “consent question” usually plays out like this:

If the person is already 18 (age of majority in the Philippines): the person generally acts personally in pursuing or documenting the surname use/change.
If the person is a minor: the action is typically undertaken by the parent or legal guardian with authority to represent the child in civil registry transactions, subject to the documentary requirements of acknowledgment.

So, while adoption has a clear 10-year consent threshold, surname use/change tied to acknowledgment tends to align more with majority age (18) for personal filing and decision-making, with parental/guardian representation during minority.

14) Correcting parentage entries in the PSA/local civil registry: not solved by consent

Changing a birth certificate entry that alters parentage (filiation) is generally treated as a substantial correction in Philippine law. Substantial corrections typically require:

A judicial proceeding (often under Rule 108 of the Rules of Court, in an adversarial form when substantial issues are involved), and
Notice to and participation of parties who may be affected.

In these cases, a minor child’s “consent” does not substitute for the required legal process. The court’s job is to determine the truth and legality of the change based on evidence and due process.

15) Can a child later undo adoption (rescission/cancellation)?

Historically, Philippine adoption law recognized that adoption could be rescinded/cancelled under limited grounds, with the policy focus on protecting the adoptee. The details depend on the governing statute and current implementing rules, but conceptually:

The adoptee is the protected party.
If the adoptee is still a minor, actions are typically brought through a representative (guardian/caseworker) for the child’s benefit.

This is not “consent to adoption,” but it matters to the broader question of how much agency a child has over a life-changing parentage decision across time.

16) Practical realities: how a child’s consent is taken and safeguarded (10+)

For a child aged 10 or older, practitioners commonly treat consent as valid only if the process demonstrates:

Understanding: the child can explain what adoption means in their own words,
Stability: the child’s decision is not a momentary response to stress or pressure,
Freedom from coercion: the child is interviewed away from undue adult influence,
Support: counselling or preparation is provided, especially for older children and teenagers.

These safeguards matter because consent can be challenged in substance if it is shown to be uninformed or coerced, and because adoption authorities are obligated to prioritize the child’s welfare.

17) FAQs (Philippine context)

Q: If the child is 9, can the child stop the adoption by saying “no”?

The child’s written consent is not legally required below 10, but a persistent refusal or distress is highly relevant to the best-interest assessment. Authorities may decline to approve an adoption that clearly harms the child’s welfare, even if the technical consent threshold is not met.

Q: If the child is 10–17, can parents override the child’s refusal?

Where the law requires the child’s consent (10+), overriding a refusal is inconsistent with the consent requirement. A refusal is typically decisive unless the facts show the refusal is not genuinely voluntary or informed (for example, severe manipulation by an interested party), in which case authorities focus on protection and truthful assessment—not simply “overriding” the child.

Q: Does a 10-year-old have to appear in court?

Not always. Procedures vary (administrative vs judicial), but child participation is commonly handled through child-sensitive interviews, social case studies, and structured consent documentation rather than hostile courtroom confrontation.

Q: Does adoption automatically change the birth certificate?

Adoption results in civil registry consequences, typically including the issuance of updated records consistent with adoption law and confidentiality rules. The original record is generally protected/controlled, while the adoptive relationship is reflected in official documentation.

Q: Is guardianship the same as adoption?

No. Guardianship, foster care, and kinship care generally do not permanently change parentage the way adoption does. They address custody/care and authority arrangements, while adoption establishes a new legal parent-child relationship.

18) Bottom line

Adoption (a true change of legal parentage): the child’s written consent is required at age 10 and above; below 10, consent is not a formal legal prerequisite but the child’s welfare and voice remain crucial.
Other “change of parentage” situations: there is no single consent age. Many are determined by operation of law (e.g., legitimation) or by proof and due process (e.g., filiation cases, Rule 108 corrections). Where personal choice is central (e.g., certain surname-use transactions), the decisive pivot often aligns with age 18 (majority) rather than the 10-year adoption consent threshold.