Last updated for the Philippine legal framework shaped by the Alternative Child Care Code of 2022 (R.A. 11642) and related rules.

1) Key Statutes & Agencies

R.A. 11642 – Domestic Administrative Adoption and Alternative Child Care Act (2022) Creates the National Authority for Child Care (NACC) and its Regional Alternative Child Care Offices (RACCOs). Consolidates domestic adoption, foster care, inter-country adoption, and related alternative care under one authority. Repeals/overhauls prior domestic adoption statutes and integrates the functions of the former Inter-Country Adoption Board (ICAB).
R.A. 8043 – Inter-Country Adoption Act (as harmonized by R.A. 11642) Governs the placement of a Philippine-born child with habitually resident prospective adopters abroad, coordinated by the NACC acting as the Philippine Central Authority under the Hague system.
R.A. 9225 – Citizenship Retention and Re-acquisition Act (Dual Citizenship Law) Recognizes full civil and political rights of Filipinos who reacquire/retain Philippine citizenship, including the capacity to adopt and to be appointed guardian, subject to venue and residency rules.
Family Code, the Rule on Guardianship of Minors (A.M. No. 03-02-05-SC), and Rules of Court (Rules 92–97) Govern judicial guardianship over minors and incompetents; Family Courts have exclusive jurisdiction.
Other cross-cutting instruments: Hague Convention on Intercountry Adoption; Philippine Passport Act; DSWD travel clearances for minors; PSA civil registration rules for amended birth records.

2) Who May Adopt Domestically (Philippines)

A dual Filipino–US citizen may adopt domestically if the adopter is habitually resident in the Philippines (i.e., living here as the primary home).

General qualifications (R.A. 11642):

At least 25 years old and 16 years older than the adoptee (exceptions: adopting one’s spouse’s child; adopting one’s own biological child; adopting a close relative within the 4th civil degree).
Full civil capacity and legal rights, good moral character, no conviction of a crime involving moral turpitude, financially capable to support, emotionally and psychologically fit.
Married couples adopt jointly, except where one adopts the legitimate/illegitimate child of the other, or where separation in fact/legal separation with cause exists and best interests warrant sole adoption.

Foreign nationals habitually residing in the Philippines have stricter conditions (e.g., minimum years of residency, certification of legal capacity), but a dual citizen is a Filipino; the foreign-national restrictions do not apply to them when they are acting as Filipino residents.

Special cases permitted even if living abroad (as Filipinos): A Filipino citizen permanently residing abroad may, under R.A. 11642, adopt a relative within the 4th civil degree or the child of their Filipino spouse. However, if the child will subsequently migrate, inter-country/habitual-residence rules and the receiving country’s immigration/recognition rules still apply (see §7–§9).

3) Who May Be Adopted

Legally free children: Declared legally available for adoption by NACC after casework efforts, or those voluntarily relinquished under due process.
Relative adoptions: Within 4th civil degree (e.g., niece/nephew, grandchild, first cousin once removed).
Spouse’s child and stepchild adoptions.
Adults (rare): Allowed under limited circumstances (long-term foster/kinship placement since minority), subject to NACC determination of best interests.

4) Domestic Administrative Adoption: Process & Documents

A. Application & Home Study (RACCO/NACC)

Intake & Orientation at RACCO.
Submission of dossier, typically including:
- Proof of Philippine (and, if applicable, US) citizenship (e.g., PH passport, dual-citizenship Identification Certificate), government IDs.
- Civil status documents (PSA birth/marriage certificates; if previously married, decree of nullity/annulment/death certificate).
- NBI/police clearances (Philippines; and foreign clearances if you recently resided abroad).
- Medical certificate and psychological evaluation (if required).
- Income/financial capacity evidence (ITR, employment/business documents).
- Character references.
- If relative/stepchild adoption: documents proving consanguinity/affinity, and the consent of the biological parent(s) or legal custodian (if required), and of the child if of sufficient age and discernment (usually 10+).
Home Study Report (HSR) by a licensed social worker (NACC-accredited).
Case Conference & Matching (for non-relative placements).

B. Pre-Placement & Supervised Trial Custody (STC)

The child is placed with the prospective adoptive parent(s) for STC; NACC/RACCO monitors progress through supervisory reports.

C. Adoption Order (Administrative)

Upon successful STC, the NACC issues the Adoption Order administratively (no trial).
The order amends the child’s civil registry: PSA issues a new birth certificate listing the adoptive parent(s) as parents; the original record is sealed.

D. Effects of Adoption

The adoptee becomes the legitimate child of the adopter(s), with full parental authority, use of surname, successional rights, and reciprocal support obligations as if by birth.
Irrevocability: Adoption is generally final; rescission is only on limited grounds and by the adoptee, not by the adopter (e.g., maltreatment, attempt on life, etc.), with significant legal thresholds.

5) Domestic vs. Inter-Country: The Habitual-Residence Test

The decisive question is where the adoptive parent(s) habitually reside at the time of placement:

If a dual citizen is habitually resident in the Philippines, the case is domestic administrative adoption under R.A. 11642.
If habitually resident in the United States, the adoption is, in principle, an inter-country adoption (Hague-compliant), even if the adopter is a Filipino citizen. Domestic adoption in the Philippines cannot be used to sidestep inter-country rules.

Red flags that trigger inter-country protocols despite Filipino citizenship:

The adopter’s primary home, employment, and family life are abroad;
Immediate plan for the child to emigrate post-adoption;
The placement was arranged directly by private parties without Central Authority oversight (prohibited “direct placement” in the inter-country context).

6) Guardianship in the Philippines (vs. Adoption)

Adoption permanently creates a parent-child relationship. Guardianship is a court-supervised fiduciary relationship to protect the person/property of a minor (or incompetent adult), without altering filiation.

When guardianship is used:

To manage a minor’s property (insurance proceeds, inheritance, damages);
To provide temporary authority for care/decisions without severing the biological parents’ rights (e.g., a parent working overseas);
To secure urgent medical consent authority;
For special needs adults declared incompetent.

Basic judicial process (Family Courts):

Verified petition (with jurisdictional facts: residence of the minor, relationship, reasons);
Notice & hearing;
Court may require bond, inventory of assets, and periodic accounting;
Letters of Guardianship issued upon appointment.

Traveling with a ward: Guardianship is not a blanket exit permission; minors leaving the Philippines may still need a DSWD Travel Clearance if traveling without at least one parent, regardless of guardianship.

Why guardianship is not a “shortcut” to adoption:

It does not confer legitimacy, succession rights, nor automatic immigration benefits; it is revocable/terminable and always subject to continuing court supervision.

7) Inter-Country Adoption (Philippine Child → US-Resident Adopter)

For a dual Filipino–US citizen habitually residing in the US:

The case proceeds as a Hague intercountry adoption: the NACC (Philippine Central Authority) and the US Central Authority (through USCIS/Department of State) coordinate.
No private matching: all referrals must be channelled through accredited agencies; pre-approval of suitability is required in both states.
Philippine side issues the placement authority only after child is declared legally free and all subsidiarity, best-interests, and counseling requirements are met.

US immigration overlay (high-level):

The child must qualify as a Hague Convention adoptee; immigration processing follows the I-800A/I-800 track (or the current Hague pathway).
Timing matters: Do not finalize an adoption abroad before you receive the appropriate US determinations; doing so can complicate or foreclose immigration benefits.

Post-placement/post-adoption reports may be required by the Philippines after the child arrives in the US; compliance is part of your undertaking.

8) Domestic Adoption in PH with Later US Recognition/Re-Adoption

If you are a dual citizen living in the Philippines and complete a domestic adoption, and later relocate to the US with your child:

The adoption is valid under Philippine law; to secure US recognition/benefits (citizenship documentation, state vital records), many families pursue recognition or re-adoption in their US state of residence, depending on state law.
Maintain certified copies of: NACC Adoption Order, amended PSA birth certificate, proof of custody/placement, and any post-placement reports.
For US immigration of your Philippine-adopted child, consult the Hague/INA pathways applicable to children adopted abroad by US citizen parents who are domiciled in the Philippines at the time of adoption; eligibility hinges on the child’s visa classification and whether the adoption fully meets Hague/Convention requirements.

9) Relative, Stepchild, and Kinship Adoptions

Relative within 4th civil degree and stepchild adoptions are expressly recognized.
Consent of the biological/legal parent (if living and with parental authority) is generally required unless legally excused (e.g., abandonment, deprivation).
Psychological preparation, counseling, and child consent (when of age and discernment) remain essential.

Special note for dual citizens abroad: A Filipino citizen permanently residing overseas may adopt a relative within the 4th civil degree or the child of their Filipino spouse without meeting the alien-residency bar; but if the child will relocate overseas, expect inter-country gatekeeping (habitual-residence, immigration).

10) Name, Civil Registry, and Nationality Matters

The Adoption Order authorizes change of surname and, if justified, first name. PSA issues an amended birth certificate (the original is sealed).
Adoption does not automatically change the child’s citizenship. The child remains a Filipino if born Filipino; possible acquisition/derivation of US nationality depends on US law (citizenship through parents, residency, and immigration process).
For travel: obtain the correct Philippine passport and, if applicable, US immigrant/non-immigrant visa or proof of US citizenship after completion of US processes.

11) Common Compliance Pitfalls (and How to Avoid Them)

Bypassing Central Authorities (direct/private matches, especially cross-border).
- Fix: Always route through NACC (and the US Central Authority if you live in the US).
Wrong forum due to residence (domestic filing despite US domicile).
- Fix: Apply the habitual-residence test early.
Incomplete dossiers (missing foreign police clearances, psychological reports, or proof of capacity).
- Fix: Compile PH and foreign clearances covering all recent residences.
Misusing guardianship to relocate or obtain long-term custody rights.
- Fix: Use adoption for permanency; use guardianship only for its proper, limited purposes.
Late planning for immigration/recognition (US side).
- Fix: Map the immigration pathway before accepting a child referral or finalizing adoption.

12) Practical Checklists

A. Domestic Administrative Adoption (Dual Citizen living in PH)

☐ Proof of Philippine citizenship (dual-citizenship certificate/passport).
☐ HSR by accredited social worker.
☐ Medical & psychological fitness certificates.
☐ NBI/police clearances (PH + any foreign residence).
☐ Financial capacity documents.
☐ Civil registry records (PSA).
☐ Consents (biological parent/child, as applicable).
☐ STC completion and compliance with supervisory visits.
☐ Receive NACC Adoption Order → secure PSA amended birth certificate.

B. Judicial Guardianship (Minor)

☐ Verified petition in the Family Court of the minor’s residence.
☐ Grounds for guardianship and proposed bond.
☐ Notice and hearing; potential inventory/accounting obligations.
☐ DSWD travel clearance if the minor travels without a parent.

C. Inter-Country Adoption (Dual Citizen living in US)

☐ Determine US habitual residence → Hague process.
☐ Suitability approval through the US system (current Hague pathway).
☐ Coordinate exclusively through NACC/Philippine Central Authority and a US-accredited agency.
☐ Comply with post-placement/post-adoption reporting.

13) Frequently Asked Scenarios

Q1: I’m a dual citizen living in Manila. Can I adopt my niece? Yes, this is a domestic relative adoption under R.A. 11642. If later relocating abroad with the child, plan immigration and recognition steps early.

Q2: I’m a dual citizen living in California. Can I fly to the Philippines and complete a domestic adoption, then bring the child back? No—your habitual residence is the US, so this is an inter-country case. Domestic adoption in the Philippines cannot be used to bypass Hague safeguards or US immigration procedures.

Q3: Can I seek guardianship first, then “convert” to adoption later to speed things up? No. Guardianship does not create filiation and is not a pipeline to adoption. Use the correct pathway from the outset.

Q4: Will adoption automatically give my child US citizenship? Not automatically. US nationality/immigration depends on separate US legal requirements and visa/citizenship processes.

14) Strategy Notes for Dual Filipino–US Citizens

Start by answering: Where am I habitually resident? This single fact determines domestic vs. inter-country routing.
If in the Philippines, proceed under R.A. 11642 and build a dossier anticipatory of future foreign recognition (certified copies, apostilles).
If in the US, engage a US-accredited Hague agency and ensure the Philippine match/referral comes through NACC.
For relative/stepchild cases, confirm whether your situation falls under the Filipino-abroad exceptions in R.A. 11642—but still check receiving-country immigration rules if the child will relocate.
Keep sight of the child’s best interests, subsidiarity, and safeguards; these are more than formalities—they are the legal backbone ensuring permanence and protection.

15) Disclaimer

This article is a general legal overview for educational purposes and does not constitute legal advice. Adoption and guardianship outcomes turn on specific facts and evolving regulations. For any live case, consult counsel practiced in Philippine child law and a US immigration/adoption specialist to harmonize both jurisdictions’ requirements.