Quick answer

Legal adoption in the Philippines is now primarily an administrative proceeding, not a court case. Since Republic Act No. 11642 took effect on January 28, 2022, domestic adoption petitions must generally be processed by the National Authority for Child Care (NACC) through the Regional Alternative Child Care Office (RACCO) where the prospective adoptive parent resides. Family Courts no longer accept new domestic adoption petitions.

A qualified Filipino adopter must generally be at least 25 years old, have full legal capacity, be of good moral character, be emotionally and psychologically capable of parenting, have no conviction for a crime involving moral turpitude, and be able to support the child. The adopter ordinarily must be at least 16 years older than the adoptee.

Adoption is not accomplished through a private agreement, notarized consent, custody arrangement, baptismal record, or by registering the child as the adopter’s biological child. It becomes legally effective only after the NACC issues an Order of Adoption and the civil-registry requirements are completed.

Which law applies?

Domestic adoption is principally governed by the Domestic Administrative Adoption and Alternative Child Care Act, Republic Act No. 11642 and its Implementing Rules and Regulations.

The NACC has original and exclusive jurisdiction over domestic administrative adoption, adult adoption, the declaration that a child is legally available for adoption, foster care, inter-country adoption, and adoption involving simulated birth records.

The Supreme Court’s revised guidelines confirm that courts may no longer receive new domestic adoption petitions after RA 11642 took effect. A case filed before the law’s effectivity may be governed by transition rules; obtain case-specific advice before withdrawing or changing an existing court case.

Inter-country adoption remains governed by the Inter-Country Adoption Act, Republic Act No. 8043, as amended by RA 11642.

Who may adopt domestically?

Filipino citizens

A Filipino citizen may adopt if the person:

Is at least 25 years old;
Has full civil capacity and legal rights;
Is of good moral character and capable of modeling it;
Has not been convicted of a crime involving moral turpitude;
Is emotionally and psychologically capable of caring for a child;
Is ordinarily at least 16 years older than the adoptee; and
Can support and care for the child according to the family’s means.

The 16-year age-gap requirement may be waived when the adopter is the adoptee’s biological parent or the spouse of the adoptee’s parent.

A single qualified person may apply. Marriage is not a general requirement.

Married applicants

Spouses must normally adopt jointly. The recognized exceptions are when:

One spouse adopts the legitimate child of the other spouse;
One spouse adopts their own illegitimate child, with the other spouse’s consent; or
The spouses are legally separated.

The applicants’ actual civil status must be supported by PSA records and, where applicable, a final judgment of annulment, declaration of nullity, legal separation, or a properly authenticated foreign divorce.

Foreign nationals residing in the Philippines

A foreign national may use the domestic process if the person is a permanent or habitual resident of the Philippines for at least five years before filing, possesses the same substantive qualifications required of a Filipino adopter, and comes from a country that:

Has diplomatic relations with the Philippines;
Will recognize the Philippine adoption order and the child as the adopter’s legal child; and
Will permit the child to enter that country as an adoptee.

The five-year residency requirement may be waived in limited cases specified by law, including certain adoptions by a former Filipino or by a person married to a Filipino involving a stepchild or a relative within the fourth civil degree.

A foreigner or Filipino who permanently or habitually resides abroad will generally need to use the inter-country process instead.

Guardians and foster parents

A legal guardian may adopt the ward only after the guardianship has been terminated and financial accountabilities have been cleared. A qualified foster parent may also seek adoption, subject to the applicable assessment and adoption requirements.

Who may be adopted?

RA 11642 allows the adoption of:

A child with a Certificate Declaring a Child Legally Available for Adoption, or CDCLAA;
The legitimate child of one spouse by the other spouse;
An illegitimate child whose adoption will improve the child’s status;
A Filipino adult who was consistently considered and treated as the adopter’s own child for at least three years before the adoption;
A foster child;
A child whose earlier adoption was rescinded;
A child whose biological or adoptive parents have died, provided proceedings are not initiated within six months of their death; or
A relative of the adopter.

Eligibility still depends on the child’s records, custody history, existing filiation, required consents, and best interests. A family relationship or years of informal care do not make adoption automatic.

When is a CDCLAA required?

A child generally must first be declared legally available for adoption. The NACC issues the CDCLAA after the legally required investigation, search for biological parents or relatives, notice, posting, and case assessment.

The declaration is generally not required for a relative adoption or stepparent adoption. Adult adoption is also handled through its special requirements rather than the ordinary process for declaring a minor legally available.

For an abandoned, neglected, surrendered, dependent, or foundling child, do not assume that a birth parent’s affidavit or private surrender is enough. The CDCLAA process formally determines whether parental rights have been terminated and whether the child may be adopted.

A biological parent who voluntarily committed a child generally has three months after signing the Deed of Voluntary Commitment to seek restoration of custody and parental authority. Adoption planning cannot become binding before the child’s birth.

Whose consent is required?

After proper counseling and an explanation of the right to approve or refuse adoption, written consent is generally required from:

The adoptee, if at least 10 years old;
The known biological parents, legal guardian, or government agency with legal custody, subject to the statutory exceptions;
The adopter’s legitimate and adopted children who are at least 10 years old;
The adopter’s illegitimate children who are at least 10 years old and live with the adopter or remain under the adopter’s parental authority;
The adopter’s spouse, when applicable; and
The adoptee’s spouse, if the adoptee is married.

A child below 10 must still be counseled and consulted in an age-appropriate manner, although written consent is not required.

Required consent should be signed after counseling and in the presence of the authorized adoption social worker. A privately prepared consent may be insufficient and cannot cure coercion, fraud, payment, or a failure to follow the legal safeguards.

Main documentary requirements

The exact checklist depends on whether the case is a regular, relative, stepparent, adult, foster-child, foreign-resident, or simulated-birth adoption. The core documents commonly include:

A notarized petition containing the facts supporting adoption and the proposed new name, if any;
Home Study Report and Child Case Study Report, or the appropriate Social Case Study Report;
PSA security-paper copies of the adopters’ and adoptee’s birth records;
PSA marriage certificate or CENOMAR, as applicable;
Final and properly authenticated records of annulment, nullity, legal separation, or divorce, when relevant;
NBI, police, or court clearances;
For a foreign applicant, police clearance from each place where the applicant lived for more than 12 months at any time during the preceding 15 years;
Required written consents;
Death certificates of biological parents, where applicable;
The original CDCLAA, where required;
Recent medical evaluations of the adoptee and applicants;
Psychological evaluation of the prospective adoptive parents;
Psychological evaluation of a child aged five or older, subject to the applicable NACC requirements and social-worker assessment;
Evidence of income or other financial capacity;
A child-care plan naming at least three proposed temporary custodians, in order of preference, in case of the adopters’ death, absence, or incapacity;
Letters from at least three unrelated character references, preferably including an employer, supervisor, or business contact;
Recent close-up and whole-body photographs of the adoptee and applicants;
Certificate of attendance at the required pre-adoption forum;
Publication documents and affidavit or certificate of publication;
Pre-Adoption Placement Authority and placement reports, when applicable; and
Records of any previous adoption petition or court case involving the same parties.

Document validity periods and authentication requirements can change. Use the checklist given by the handling RACCO or adoption social worker rather than obtaining every document before the initial consultation. The NACC may require additional evidence when needed to verify a factual claim or protect the adoptee.

The domestic adoption process

1. Contact the proper adoption office

Begin with the NACC or the RACCO serving your region. You may also seek assistance from the city or municipal Social Welfare and Development Office, a NACC-recognized child-placing agency, or an accredited adoption social worker.

For an ordinary petition, the completed petition and original supporting documents are filed with the RACCO having jurisdiction over the prospective adoptive parents’ residence.

2. Attend the pre-adoption forum

Applicants must attend the pre-adoption forum or seminar scheduled by the RACCO or authorized child-placing agency. It covers legal eligibility, adoption realities, disclosure to the child, documentary requirements, matching, placement, and post-adoption responsibilities.

The Certificate of Attendance is a mandatory requirement under current NACC domestic-adoption guidance.

3. Complete the assessment and case studies

An authorized adoption social worker evaluates the applicants, the adoptee, and—where applicable—the biological parents. The assessment may include interviews, home visits, records verification, medical and psychological evaluations, family consultations, and review of the applicants’ motivations, parenting ability, health, finances, relationships, and support network.

No petition may be processed without the required case study and recommendation.

4. Obtain approval as prospective adoptive parents

For a regular adoption involving a child not already related or integrated into the applicants’ household, the prospective parents must first be assessed and approved. Approval does not give applicants a right to a particular child.

Private matching between prospective adopters and a child’s parents, guardian, or custodian is not permitted.

5. Matching, when required

For legally available children, the authorized matching committee considers which approved family can best address the needs of a particular child. The best interests of the child—not the applicants’ preferred timetable—control.

Matching is not required for stepchild, relative, or adult adoption when the statutory household-living requirement is satisfied. These cases still require assessment, consent, documentation, publication, and NACC approval.

6. Pre-adoption placement and supervised trial custody

After an approved match is accepted, the NACC may issue a Pre-Adoption Placement Authority. When recommended, supervised trial custody may last up to six months, with monthly monitoring by an adoption social worker.

Trial custody may be reduced or waived based on the authorized social worker’s assessment, including in appropriate infant, stepchild, relative, adult, or other cases. A waiver is not automatic merely because the child has already been living with the applicants.

7. Prepare and file the petition

The petition must be signed by the applicants, made under oath, and supported by the complete original documents. It must establish the applicants’ qualifications, the adoptee’s eligibility, the required consents, the prior relationship or placement, and why adoption serves the adoptee’s best interests.

The petition is filed with the RACCO where the applicants reside. A copy must be published once a week for three successive weeks in a newspaper of general circulation, following the RACCO’s order and instructions.

8. Attend the required personal appearances and interviews

RA 11642 requires prospective adoptive parents to appear personally before the handling RACCO at least twice during the application period, on the dates it determines. The RACCO also interviews the applicants, adoptee, social worker, and other relevant persons.

Domestic administrative adoption is non-adversarial, but an evidence-supported objection may be filed before the Order of Adoption if undisclosed information would protect the child from harm or abuse.

9. RACCO and NACC review

The law provides successive review periods for the RACCO, the Deputy Director for Services, and the NACC Executive Director. It also states that domestic adoption cases should be decided within 60 calendar days from the Deputy Director’s receipt of the RACCO recommendation.

That is not a guaranteed total processing time from the first inquiry. Home studies, obtaining the CDCLAA, matching, trial custody, publication, incomplete documents, further investigation, objections, and requests for additional evidence can extend the overall process. The current NACC Citizen’s Charter also sets agency service standards for the particular stage handled by the central office.

10. Order of Adoption and finality

If satisfied that the legal requirements are met and adoption serves the adoptee’s best interests, the NACC issues an Order of Adoption stating the adoptee’s legal name.

If the petition is denied, a motion for reconsideration may be filed within 15 calendar days from receipt. Judicial recourse to the Court of Appeals is subject to a short 10-day period under RA 11642. Because the available administrative and judicial remedies and the proper reckoning date can depend on the order received, obtain legal help immediately rather than waiting until the deadline is near.

11. Register the adoption

The adopter must submit a certified true copy of the Order of Adoption to the civil registrar where the adoptee was originally registered within 30 calendar days from receipt.

Follow the RACCO’s instructions concerning the Certificate of Finality, draft Certificate of Live Birth, local civil-registry registration, and issuance of the amended PSA birth certificate. The original birth record is sealed, and the new certificate should not state that it is an amended issue.

12. Complete post-adoption monitoring

The adoption social worker continues monitoring after finalization. RA 11642 provides for a closing report after the one-year after-care period, with additional visits or reporting when the child’s age or circumstances require them.

Adoptive parents must disclose the adoption to the child in a developmentally appropriate manner. The law makes disclosure mandatory before the child reaches 13 years of age.

Special situations

Stepparent adoption

Marriage to a child’s parent does not automatically create legal filiation or parental authority over the child. The stepparent must complete the administrative adoption process.

A CDCLAA is not generally required, but the other biological parent’s status and consent must be addressed. If that parent cannot be located, the RACCO may require documented tracing efforts. A missing parent cannot simply be omitted from the petition.

Relative adoption

A relative adoption covers a person related to the adopter by consanguinity or affinity within the degree recognized by the applicable rules. It remains a formal adoption: relationship alone does not replace case studies, consents, publication, appearances, or an Order of Adoption.

Adult adoption

A Filipino adult may be adopted if the person was consistently considered and treated as the adopter’s own child for at least three years before adoption. The adult adoptee’s informed participation and consent are essential. The parties should preserve records showing the longstanding parent-child relationship, such as residence, education, support, medical care, family photographs, correspondence, affidavits, and other reliable contemporaneous evidence.

Adult adoption is not merely a device to change a surname, obtain immigration status, or alter inheritance rights without a genuine parent-child relationship.

Simulated birth records

“Simulation of birth” occurs when the civil registry falsely identifies someone other than the biological mother as the person who gave birth. It is not legal adoption.

The Simulated Birth Rectification Act, Republic Act No. 11222 provides a special administrative route and conditional amnesty for qualifying simulations made before that law took effect. Among other conditions, the child must have been consistently treated as the applicants’ own, the statutory residence and documentary requirements must be met, and the petition must be filed within the law’s 10-year window.

These cases require specialized documents and are initially filed through the local Social Welfare and Development Office serving the child’s residence under current NACC simulated-birth guidance. Because eligibility and the filing window are fact-sensitive, seek assistance promptly. Do not create, alter, conceal, or replace civil-registry records yourself.

Inter-country adoption

Inter-country adoption applies when a foreign national or Filipino citizen permanently residing abroad seeks to adopt a Filipino child and the adoption, supervised placement, and final decree will occur abroad.

Applicants cannot file directly with the NACC. They must apply through the Central Authority or NACC-accredited Foreign Adoption Agency in their country of residence. Current NACC guidance requires applicants to be at least 27 years old and at least 16 years older than the child, subject to the statutory exception. Only a child with the required legal-availability and inter-country clearance may be placed.

The process includes overseas assessment, NACC approval, matching, acceptance, processing of travel documents, personal entrustment in the Philippines, at least five days of in-country bonding, at least six months of supervised placement abroad, and finalization in the receiving country. See the official NACC inter-country process.

NACC currently lists an application fee of US$200, a processing fee of US$2,000 for one child or US$3,000 for a sibling group, and variable pre-travel costs. These are distinct from fees charged by the receiving country or foreign agency. Confirm the current schedule on the NACC fees page before paying.

Costs and legal assistance

The NACC’s current domestic-adoption service standards do not list an agency fee for issuing the adoption order or certificate of finality. Applicants may nevertheless incur costs for:

PSA and civil-registry documents;
Publication;
Notarization and authentication;
Medical and psychological evaluations;
Police or foreign clearances;
Private social-worker or child-placing-agency services; and
Registration, mailing, travel, or document processing.

RA 11642 allows socialized fees and provides that the Public Attorney’s Office may give qualified indigent applicants free legal assistance, including notarization of adoption documents. Ask the RACCO and the nearest PAO office about eligibility before paying a private intermediary.

Never pay a birth parent, custodian, broker, social-media contact, or fixer in exchange for a child or consent.

Evidence and records to preserve

Maintain an organized file containing:

Every PSA, civil-registry, marriage, death, custody, and court record;
Copies of all documents submitted, with an index and submission date;
RACCO, NACC, social-worker, and agency correspondence;
Proof of residence and the child’s custody history;
Records of support, schooling, health care, and family integration;
Counseling and forum certificates;
Consents and proof that they were properly witnessed;
Publication orders, newspaper pages, receipts, and affidavits;
Placement authorities and monitoring reports;
Proof of biological-parent tracing efforts;
Acknowledgments showing when each decision or order was received; and
Proof that the adoption order was delivered to and registered with the correct civil registrar.

Keep confidential adoption information secure. Do not post the child’s records, biological history, medical information, or identifying details online.

Common mistakes to avoid

Filing a new domestic petition in Family Court instead of the RACCO;
Taking custody through an unlicensed intermediary or social-media arrangement;
Paying for a child or for a biological parent’s consent;
Falsely registering the child as biologically born to the adopters;
Assuming a notarized affidavit, guardianship, surname change, or long-term custody is equivalent to adoption;
Choosing or privately matching with a particular unrelated child;
Using consent obtained without the required counseling and social-worker participation;
Failing to include a spouse as joint adopter when the law requires it;
Ignoring the legal status or consent of the other biological parent;
Concealing a previous petition, foreign residence, criminal case, marital proceeding, or disputed custody;
Submitting expired, inconsistent, altered, or improperly authenticated records;
Missing the publication, reconsideration, appeal, or civil-registration deadline; or
Treating the process as an entitlement of adults rather than a child-centered determination.

When help is urgent

Contact the RACCO, NACC, PAO, or a lawyer experienced in adoption immediately if:

A child is being offered, advertised, sold, or transferred through social media;
Someone demands money in exchange for the child or a signature;
Consent was obtained through pressure, deception, threats, or inducement;
A biological parent wants to withdraw a voluntary commitment;
The child is being abused, exploited, hidden, or moved without authority;
A birth certificate contains false parentage;
Biological parents cannot be located or their identities are disputed;
Custody is contested;
A foreign applicant or overseas relative is involved;
A petition has been denied or an order has just been received; or
A reconsideration, appeal, or registration deadline is approaching.

If the child faces immediate danger, contact emergency services or the nearest Philippine National Police Women and Children Protection Desk while also notifying the local social-welfare office.

Frequently asked questions

Do I need to hire a lawyer?

A lawyer is not always required to begin the administrative process because RACCO and adoption social workers provide procedural assistance. Legal help is prudent when there is disputed parentage or consent, simulated birth, a prior court case, foreign documents, contested custody, a denial, or an approaching deadline. Qualified indigent applicants may seek PAO assistance.

Can I adopt a child who has lived with me for years?

Possibly, but long-term care alone does not establish legal filiation. The date and manner of placement, the child’s legal status, biological parents’ rights, required consents, and the restrictions on independent placement must first be assessed by the RACCO.

Can the biological parents take the child back after adoption?

Before adoption, biological parents may have reconsideration or opposition rights depending on the child’s legal status and the stage of the case. Once the Order of Adoption is effective, the adopters receive full parental authority and the prior legal ties are generally severed, except when the adopter is the spouse of a biological parent.

Does an adopted child have the same rights as a biological child?

Yes. The adoptee becomes the adopter’s legitimate child for legal purposes, with the corresponding rights and obligations, including reciprocal succession rights. The legal effects extend to the family relationships specified by RA 11642.

Can adoptive parents later cancel the adoption?

No. Adoptive parents cannot rescind adoption simply because circumstances or relationships change. Rescission may be sought by the adoptee on the statutory grounds, including specified serious misconduct by the adopter.

How long does adoption take?

There is no reliable single duration for every case. The NACC decision stage has statutory processing periods, but eligibility determination, document completion, parent tracing, matching, trial custody, publication, investigation, and requested compliance can add substantial time. Ask the handling social worker for a case-specific status and outstanding-requirements list.

Where should I start?

Contact the National Authority for Child Care or the RACCO for your region and request an initial assessment and the next pre-adoption forum schedule.

Official sources

This article provides general legal information, not legal advice or a prediction of the outcome of any application. Adoption decisions depend on the complete records, assessments, consents, and best interests of the adoptee. Laws, forms, office practices, and fees were checked against official sources current as of August 4, 2026.