Grandchild Adoption in the Philippines: A Complete, Practitioner-Level Guide (2025)

This article explains, end-to-end, how a grandparent (or other close relative) can adopt a grandchild in the Philippines under current law and practice. It covers who may adopt, consent rules, documents, step-by-step procedures, timelines, effects, edge cases (overseas, custody disputes, simulated birth), and practical tips. It is written for general information and is not legal advice.

1) Legal Foundations & Key Agencies

Domestic Administrative Adoption (DAA). As of 2022, domestic adoption is administrative, not judicial, under the Domestic Administrative Adoption and Alternative Child Care Act (often referred to by its number, R.A. 11642).
National Authority for Child Care (NACC). NACC is the central government body for adoption, foster care, matching, and child placement. It operates through Regional Alternative Child Care Offices (RACCOs) nationwide.
Inter-country adoptions (ICA). Also centralized under NACC. “Relative” inter-country adoptions (e.g., Filipinos abroad adopting a nephew/niece/grandchild in PH) follow ICA rules with certain exemptions.
Simulated births. The Simulated Birth Rectification Act (R.A. 11222) provides an administrative path to correct a birth record that was intentionally made to appear as if the child was born to someone other than the biological mother—together with a simplified adoption—if strict requirements are met.

2) Can Grandparents Adopt Their Grandchild?

Yes. Philippine law allows relative adoption (within the fourth civil degree, which includes grandparents) under streamlined procedures. This is commonly called kinship or relative adoption.

Why adopt (vs. guardianship)?

Adoption permanently vests parental authority in the adopter and turns the adoptee into the adopter’s legitimate child, with full rights to surname and inheritance—stronger and more permanent than guardianship or foster care.
It is ideal when grandparents have been the child’s de facto parents and long-term permanency is in the child’s best interests.

3) Who May Adopt (Grandparent-Adopter Qualifications)

A grandparent may adopt if they are:

Of legal age, with full civil capacity and legal rights.
Of good moral character, with no conviction for crimes involving moral turpitude.
Emotionally and psychologically capable of caring for a child.
At least 16 years older than the child (usually satisfied for grandparents).
Financially capable (not wealth, but stability sufficient to meet the child’s needs).
If married, the spouses adopt jointly, unless law allows an exception (e.g., step-parent adoption). If separated in fact, NACC typically still requires the spouse’s written consent or clarifies status.

Health & age: There is no hard maximum age, but medical fitness and a viable caregiving plan (including a younger household member as secondary caregiver) matter in practice.

4) Who May Be Adopted (Your Grandchild’s Eligibility)

Generally: A child may be adopted if it is in the child’s best interests and consent/legal status requirements are satisfied.
CDCLAA (Child Legally Available for Adoption) requirement:
- For most non-relative adoptions, NACC must issue a Certificate Declaring a Child Legally Available for Adoption (CDCLAA).
- For relative adoptions: If the biological parent(s) give proper consent, CDCLAA is typically not required (the child is not “abandoned” or “neglected” in the legal sense). If parents are unknown, absent, or rights have been terminated, NACC may require CDCLAA or equivalent casework.

5) Consents You’ll Need

From the biological parents
- If both are living and have parental authority, both must freely, knowingly, and in writing consent before NACC, after counseling.
- If one parent is unknown, deceased, absent, or has lost parental authority, establish this with documents (death certificate, court order, police reports/affidavits, etc.).
- If the parent is a minor, NACC typically requires participation/assent of the minor parent and often the minor’s parents/guardians during counseling.
From the child (the adoptee)
- The child’s written consent is needed once the child is of discernment age; in practice this has long been 10 years old and above. Younger children are heard through a social worker’s child-sensitive interviews.
From the adopter’s spouse (if applicable)
- Spousal consent is standard unless the spouse is also a joint adopter.

6) Core Documents (Checklists)

From Grandparent-Adopter(s):

Government-issued IDs, recent photos.
Birth certificate.
Marriage certificate or CENOMAR (if single); proof of annulment/nullity/legally separated status, if applicable.
NBI/Police clearance (or foreign counterpart if recently abroad).
Medical certificate and, for seniors, additional health assessments.
Proof of income and financial capacity (employment cert., pension slips, business permits/ITR, bank statements).
Household sketch or proof of residence/tenancy.
Character references (e.g., barangay, employer, pastor/faith/community leader, long-time neighbor).
If previously a foster parent: foster care license and social worker’s reports.

From/for the Child:

PSA birth certificate (or LCRO record; annotate discrepancies early).
Medical records; if special needs, attach evaluations/IEPs.
School records (Form 137/Report cards), baptismal if any, photos.
Written consent (if of consenting age).
Biological parents’ consent and valid IDs; if unavailable, documents proving status (death certificate, court orders, police reports, social case study).

Social Work Files (NACC-Prepared):

Home Study Report (HSR) on the adopter(s).
Child Case Study Report (CCSR).
Supervised Trial Custody (STC) plan/report (may be shortened or waived in relative adoptions where the child already lives with the grandparents).
Counseling & consent documentation.

Tip: Names, dates, and spellings must match across all records. Resolve civil registry issues (late registration, wrong entries) before the final NACC resolution.

7) The Step-by-Step Process (Domestic Administrative Adoption)

Initial Intake at RACCO (NACC Regional Office).
- State you are seeking relative adoption (grandparent–grandchild).
- You’ll get a document checklist and an appointment with a NACC social worker.
Pre-Adoption Counseling & Orientation.
- NACC explains rights, effects, and responsibilities, screens for suitability, and begins the Home Study.
Home Study & Child Casework.
- A licensed social worker visits your home, interviews family members, and prepares the HSR.
- The child’s situation is documented in a CCSR.
- Consents are taken formally (parents/child/spouse), with counseling to ensure voluntariness.
(If required) Supervised Trial Custody (STC).
- Usually six (6) months in general cases, but often shortened or waived for grandparent adoptions where the child is already in their care and bonding is evident.
- STC evaluates adjustment, schooling, health, and caregiving dynamics.
NACC Evaluation & Resolution.
- Your dossier (HSR + CCSR + consents + attachments) goes to the Regional/Executive Director or appropriate NACC body for administrative approval.
- If approved, NACC issues an Administrative Adoption Order/Decree (terminology may vary in forms, but the effect is the same as a judicial decree).
Civil Registry Action (New Birth Record).
- Present the NACC adoption issuance to the Local Civil Registry Office (LCRO) and PSA to cancel the old birth record and issue a new Certificate of Live Birth listing the grandparent-adopters as the child’s parents and reflecting the new surname (if changed).
Post-Adoption Services.
- NACC/social workers may schedule post-placement visits.
- Update schools, PhilHealth, SSS/GSIS dependents, passports, and beneficiary designations with the new birth certificate.

Indicative timeline: Highly case-specific. Relative adoptions often move faster than non-relative cases, especially when consents and records are complete, the child is already in your care, and there are no custody disputes.

8) Legal Effects of Adoption (What Changes After)

Status: The adoptee becomes the adopter’s legitimate child for all intents and purposes.
Parental authority: Transfers from biological parents to the grandparent-adopters; biological parents lose parental authority (except in step-parent scenarios not relevant here).
Surname: The child assumes the adopter’s surname (unless otherwise provided in the adoption order).
Succession & support: The child acquires full inheritance and support rights from the adopters, and vice versa, as between legitimate parent and child.
Ties to biological family: As a rule, legal ties to biological parents are severed (again, except step-parent adoptions). Social relationships may continue by choice, but they have no legal effect absent agreement (e.g., visitation consent).

9) Special & Complex Scenarios

A) Grandparents Overseas / Child in the Philippines

If the grandparents live abroad and the child resides in the Philippines, this frequently falls under relative inter-country adoption handled by NACC as Central Authority.
Usual ICA requirements (e.g., home study by a foreign accredited/authorized agency, compliance with the receiving country’s laws, immigration clearances) apply, but relative status may relax some conditions (e.g., residency). Coordinate early with both NACC and your host country’s Central Authority.

B) Child Already Living With Grandparents for Years

Relative DAA remains appropriate.
STC is commonly shortened/waived when bonding is long-standing and stable; social workers will still document care history, schooling, and child’s voice.

C) Absent or Uncooperative Biological Parent

If one parent cannot be located or refuses without legal cause, NACC may proceed if legal grounds exist: e.g., abandonment, deprivation/termination of parental authority, death, or unknown parentage—documented via casework, affidavits, or prior court orders.
Never induce consent with money or favors; this can invalidate proceedings and expose parties to criminal liability.

D) Simulated Birth Rectification (R.A. 11222)

If the child’s birth was falsely registered to appear as the grandparent’s (or another person’s) biological child, do not file a standard adoption first.
Use R.A. 11222’s amnesty-style administrative rectification, which bundles:
1. Administrative correction of the simulated record; and
2. A simplified administrative adoption, provided the simulation was done in the child’s best interests, the child has been consistently cared for, and other statutory conditions/cut-off periods are met.
Act promptly; the law provides a time-bound window for rectification.

E) Child With Special Needs

Adoption is fully possible. Provide professional assessments and a care plan (therapy schedules, school accommodations, funding sources). NACC prioritizes the best interests of the child and care readiness.

F) Guardianship vs. Adoption vs. Foster Care

Guardianship (through court) manages a child’s property/person but does not create filiation or inheritance like adoption.
Foster care (R.A. 10165) is temporary; good when long-term permanency is not yet possible.
Adoption provides permanent family and full parental authority—the usual goal where grandparents are long-term caregivers.

10) Practical Tips to Avoid Delays

Start with civil registry clean-up. Fix misspellings, late registration, or missing entries early at LCRO/PSA.
Organize consents. Bring both biological parents (if available) for counseling and notarized consent; prepare IDs and contact details.
Tell a coherent caregiving story. Document who has actually provided daily care, school enrollment, medical decisions, and financial support.
Line up a secondary caregiver. For elderly adopters, identify a younger adult in the household who can share/continue care if needed.
Keep copies of everything; expect to submit originals + photocopies.
Stay reachable. Missed calls or appointments can stall processing.

11) Costs

Government filing and certification fees are generally modest.
Expect out-of-pocket expenses for medical exams, clearances, document procurement (PSA, LCRO), and notarization.
Legal counsel is optional but helpful in complex cases (custody conflicts, absent parent, overseas elements, simulated birth).

12) After the Adoption: Updating Life Admin

School: submit the new PSA birth certificate; request update of Learner Reference Number records.
Health: add the child as PhilHealth/HMO dependent; transfer immunization records if needed.
Government IDs: passport, national ID (PhilSys), voter’s registration when of age.
Estate planning: update wills, life insurance, beneficiary forms, and property titling intentions.

13) Frequently Asked Questions (Grandparent-Specific)

Q1: Can we keep the child’s original surname? A: The default is to carry the adoptive parent’s surname. If there’s a best-interest reason to retain the birth surname, discuss it with the social worker before the NACC decision so it can be reflected in the order.

Q2: Will the biological parents still have rights? A: No. Adoption transfers parental authority to the adopters and severs legal ties with biological parents (except in step-parent cases).

Q3: Do we need to do a Supervised Trial Custody even if the child has lived with us for years? A: Often waived or shortened in relative adoptions, but it’s a NACC call based on the caseworker’s report.

Q4: We’re Filipino citizens living abroad—can we adopt our grandchild in the Philippines? A: Yes, typically via relative inter-country adoption through NACC and your host country’s Central Authority. Start early to manage immigration/visa timing.

Q5: What if one biological parent refuses to consent? A: NACC examines if there are legal grounds to proceed (e.g., abandonment, termination of parental authority, death, unknown). Evidence and due process are essential.

14) Clean, One-Page Roadmap (Domestic, In-Country Grandparent Adoption)

Visit RACCO (NACC) → declare relative adoption (grandparent–grandchild)
Orientation & Counseling → get checklist
Gather documents (IDs, PSA records, clearances, medical, finances)
Home Study & Child Casework → interviews, home visit
Secure consents (parents/spouse/child 10+) → counseling & notarization
(If required) STC → often shortened/waived for long-term kinship
NACC Administrative Adoption Order → approval/issuance
LCRO/PSA → new birth certificate showing adopters as parents
Post-adoption updates → school, PhilHealth, IDs, estate planning

15) Quick Compliance Reminders

Never offer or accept payment for consent—this risks criminal liability and case denial.
Ensure consents are informed, voluntary, and counseled by NACC.
Keep all receipts and certified copies.
Be honest about health, finances, and household dynamics—gaps can be planned for; concealment erodes trust.

16) When to Get a Lawyer

Consider engaging counsel when there is:

Opposition from a biological parent or relatives;
Complicated civil registry problems;
International elements (citizenship, residency, immigration);
Allegations of abuse/neglect (you’ll need careful case strategy);
A simulated birth to be rectified.

Final Note

Procedures are administrative now, but adoption remains a serious, rights-creating process centered on the child’s best interests. For a smooth grandparent adoption, prepare early, document caregiving history, organize consents, and work closely with your NACC social worker.

If you want, I can turn this into a printable checklist pack (fillable forms, consent templates, and a one-page timeline) tailored to your province.