How to Adopt a Child in the Philippines: An Administrative Guide to RA 11642

This article explains how domestic adoption now works under the Domestic Administrative Adoption and Alternative Child Care Act (Republic Act No. 11642), its Implementing Rules and Regulations (IRR), and related laws in Philippine context. It is written as a practical legal guide—what the law provides, who qualifies, documents to prepare, procedures, timelines, legal effects, and common pitfalls.

1) Executive Summary

RA 11642 moved domestic adoption from the courts to an administrative process handled by the National Authority for Child Care (NACC) and its regional offices (RACCOs). Once the administrative requirements are satisfied—including a finding that the child is legally available for adoption, proper matching, and a supervised trial custody (STC)—the NACC issues an Order of Adoption, which has the same force and effect as a judicial decree. The adoptee becomes the legitimate child of the adopter, the PSA issues a new birth certificate, and the original records are sealed.

RA 11642 also consolidates State responsibility for alternative child care—adoption, foster care, kinship care, guardianship, residential care, and (for overseas families) inter-country adoption—under the NACC.

2) Legal Framework & Key Institutions

Primary statute: Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act).
Key agency: National Authority for Child Care (NACC) – a quasi-judicial body that took over functions previously split among DSWD (domestic adoption, child declaration) and ICAB (inter-country adoption).
Regional implementers: Regional Alternative Child Care Offices (RACCOs) – where petitions are filed and casework is processed.
Related laws (still relevant):
- (Former) RA 8552 (Domestic Adoption Act) – superseded for domestic adoption but many concepts remain (e.g., age gap, grounds for rescission).
- RA 9523 – on declaring a child legally available for adoption (CDCLAA); the authority to issue is now with the NACC.
- RA 10165 (Foster Care Act) – foster care as a distinct, sometimes interim, modality.
- RA 11222 (Simulated Birth Rectification Act) – special pathway to correct simulated births under defined conditions.

3) Who May Adopt (Prospective Adoptive Parent or “PAP”)

General qualifications (domestic, administrative adoption):

Age & capacity. At least 25 years old, with at least a 16-year age gap to the adoptee, unless the adopter is the biological parent or the spouse of the adoptee’s parent (step-parent adoption).
Fitness. Full civil capacity and legal rights; good moral character; no conviction for crimes involving moral turpitude; emotionally and psychologically capable of caring for a child.
Support. In a position to support, educate, and care for the child.
Marital status.
- Married couples generally file jointly (exceptions apply—e.g., step-parent adoption of spouse’s child).
- Single individuals may adopt, subject to the same standards.
Foreign nationals (domestic adoption in the Philippines). May adopt if they satisfy residency and reciprocity requirements (and other safeguards). Statutory exceptions commonly include former Filipinos, those adopting a relative within the 4th civil degree, or adopting the legitimate child of a Filipino spouse, or when married to a Filipino and they jointly adopt.

Practical note: The NACC carefully verifies psychological fitness, criminal clearances, and financial capacity but does not require wealth—just stability consistent with the child’s best interests.

4) Who May Be Adopted

A child declared legally available for adoption via a CDCLAA (Certificate Declaring a Child Legally Available for Adoption) issued by the NACC.
Relative adoption (within the 4th civil degree) and step-parent adoption (spouse adopting spouse’s child) are allowed, subject to safeguards.
Adult adoption is permissible in limited circumstances recognized in practice (e.g., long-standing parental care since minority or step-parent/relative contexts), provided it remains in the adoptee’s best interests and legal prerequisites are met.
Siblings are preferably kept together (sibling groups), consistent with best-interest principles.

Who cannot be adopted: A child not free for adoption (no CDCLAA or valid exception); a child without parental consent when legally required (see below); or a child placed through illegal matching or black-market adoption arrangements.

5) Consents Required

Adoptee’s consent: If 10 years or older (or of sufficient discernment), informed written consent is required.
Biological parents’/legal guardian’s consent: When parental authority still exists and has not been terminated or relinquished under law.
Spousal consent: The adopter’s spouse (if married) or the adoptee’s spouse (if the adoptee is married).
Institutional consent: If the child is under the care of a child-caring/placing agency.

In all cases, consents must be informed, freely given, and documented in the case file.

6) Core Concepts & Documents

Child’s case file
- CDCLAA (or legal basis for step-parent/relative/adult adoption).
- Child Study Report (CSR) (social worker-prepared).
- Medical, immunization, and developmental reports.
- Proof of efforts at family preservation/reunification, where applicable.
PAP’s case file
- Home Study Report (HSR) by a licensed social worker.
- Civil status and identity documents (PSA birth/marriage certificates, CENOMAR where applicable).
- Police/NBI clearances (local and, for foreigners or overseas Filipinos, from residence abroad).
- Medical certificates, including mental health/psychological assessments where required.
- Income/financial documents (employment certs, ITRs, business docs).
- Character references and proof of residence.
Matching documentation
- Minutes/resolution of the matching conference showing the rationale for the match based on the PAP’s capacities and the child’s needs (age, health, background, culture, sibling group placement, etc.).
Placement & STC
- Placement authority issued by NACC/RACCO.
- Supervised Trial Custody (STC) agreement and periodic reports (usually at least 6 months; may be shortened/waived in appropriate cases such as step-parent or close relative adoption if the best interests are clear and stable).

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

Stage A — Intake & Preparation

Initial consult with NACC/RACCO or an accredited child-placing agency (CPA).
PAP dossier compilation & Home Study interviews/house visits.
Child’s legal status is established via CDCLAA (NACC), unless a recognized exception applies (e.g., step-parent/relative/adult adoption pathways).

Stage B — Matching 4. The NACC matching process identifies a child whose needs align with the PAP’s capacities. Sibling groups are prioritized to remain intact. 5. Disclosure & acceptance. PAPs receive the child’s profile and records and provide informed acceptance.

Stage C — Placement & Supervised Trial Custody 6. Placement authority is issued; the child is physically placed with the PAPs. 7. STC proceeds under social worker supervision (home visits, reports, interventions as needed). Standard period is ~6 months, but it may be adjusted by NACC when justified.

Stage D — Petition & Order of Adoption 8. After a successful STC, the PAPs file a verified administrative petition for adoption with the RACCO (attaching all case documents and STC reports). 9. The NACC evaluates the petition (legal and social casework review). If all legal standards and the best-interest test are met, the NACC issues an Order of Adoption.

Stage E — Civil Registry Actions 10. The PSA issues a new Certificate of Live Birth listing the adoptive parent(s) as the child’s parent(s); the child takes the adopter’s surname (unless otherwise provided). 11. The original birth record and the CDCLAA are sealed and are confidential.

8) Special Pathways & Situations

Step-parent adoption: The spouse of a child’s biological parent may adopt the child. STC can often be shortened or waived when the child has long been in the family home and the placement is clearly stable.
Relative (kinship) adoption: Adoption by relatives within the 4th civil degree receives facilitation in assessment and matching; the best interests still govern.
Adult adoption: Allowed in limited, best-interests-driven scenarios (e.g., long-standing parental care since the adoptee’s minority). Documentation focuses on the genuine parental relationship and absence of illicit objectives (e.g., immigration fraud).
Children with special needs or sibling groups: The NACC encourages special-needs adoption and keeping siblings together, with targeted counseling and support.
Simulated births (RA 11222): Families that simulated a birth (made it appear in civil records that they were the biological parents) may—if they meet statutory conditions—pursue administrative rectification to transition to lawful adoption without criminal liability. Strict cut-off dates, continuous parental care, and best-interest showings apply.

9) Effects of Adoption

Once the Order of Adoption takes effect:

The adoptee becomes the legitimate child of the adoptive parent(s), with full succession rights.
Parental authority transfers to the adoptive parent(s).
The adoptee assumes the adopter’s surname (unless otherwise directed).
Civil registry: A new PSA birth certificate is issued; prior records are sealed.
Irrevocability & rescission: Adoption is generally irrevocable. Rescission may be sought by the adoptee (not the adopter) on grounds historically recognized in law and practice such as maltreatment, attempt on life, sexual abuse, or abandonment. An adopter’s remedies are typically limited to disinheritance for legal causes under the Civil Code, not rescission.

10) Inter-Country Adoption vs. Domestic Adoption

Domestic adoption (this guide) is administrative under NACC.
Inter-country adoption remains coordinated by the NACC (which absorbed the former ICAB mandate) and is distinct: the child is matched with a foreign PAP through inter-country standards, dossiers, foreign central authority cooperation, and post-placement reports required by the receiving country.

If you reside abroad or are a foreign national, clarify early whether your case is domestic (residing/processing in the Philippines) or inter-country. Different residency/reciprocity and treaty rules may apply.

11) Timelines, Interviews, and Home Visits

Home Study & clearances: usually weeks to a few months, depending on completeness.
CDCLAA issuance: subject to statutory process and evidence (social casework on abandonment/neglect, voluntary commitment, etc.).
Matching: varies; priority for hard-to-place (older children, special needs, sibling groups).
STC: commonly ~6 months (adjustable).
NACC evaluation to Order: after STC and a complete dossier, the legal review aims to be expeditious; real-world timelines depend on case complexity and document completeness.

12) Fees, Costs, and Support

Government filing/processing is designed to be streamlined and, for certain cases, reduced or waived (especially for indigent PAPs). Expect costs for documents, medicals, psychological testing, and, if you choose, counsel (a lawyer is not required for the administrative petition but may be engaged).
Post-adoption services: NACC/CPAs provide counseling, parenting support, lifebooking, and, where applicable, special-needs resources.
No buying/selling of children. Any fees must reflect legitimate administrative or professional services—not child placement. Black-market adoption is criminal.

13) Confidentiality & Records Access

Adoption records (including the CDCLAA, HSR/CSR, and matching minutes) are confidential.
Access is restricted and typically requires:
- the adoptee (of legal age) or the adoptive parents (while the adoptee is a minor);
- an order from a competent authority (or access per NACC rules) showing compelling reasons consistent with the adoptee’s best interests.

14) Grounds for Disapproval or Delay

Incomplete or inconsistent documents; unverified child status (no CDCLAA).
Adverse findings in the Home Study (e.g., unresolved mental health concerns, substance abuse, domestic violence).
Criminal history that impugns moral character/safety.
Financial instability without a realistic care plan.
Illicit matching or indications of trafficking.

15) Practical Checklist (Domestic Administrative Adoption)

PAP-side

Government IDs; PSA civil status papers.
Police/NBI clearances (Philippines and any foreign residence).
Medicals and psychological evaluation (if required).
Income/occupation proofs (ITRs, COEs, business docs).
Home Study Report (social worker-led).
Character references; photos of home environment.

Child-side

CDCLAA (or legal basis for step-parent/relative/adult adoption).
Child Study Report + medical/developmental records.
Consents (as applicable).

Process

Matching resolution (NACC).
Placement authority & STC reports.
Verified Administrative Petition (with annexes) filed with RACCO.
Order of Adoption (NACC).
PSA issuance of new birth certificate; secure certified copies.

16) Frequently Asked Questions

Q: Do I need a lawyer? A: Not required for the administrative process, but you may hire counsel for advice or complex situations (e.g., contested consents, unusual civil status issues, foreign documents).

Q: Can the STC be waived? A: Yes, sometimes—notably for step-parent or close-relative adoptions where the child has long resided with the family and the placement is clearly stable. The NACC must authorize any waiver/shortening.

Q: What surname will the child use? A: Upon the Order of Adoption, the child typically assumes the adopter’s surname unless the order directs otherwise.

Q: Can adoption be undone? A: Generally no. Only the adoptee may seek rescission on narrowly defined grounds (e.g., maltreatment, attempt on life, sexual abuse, abandonment). An adopter’s recourse is disinheritance for legal causes—not rescission.

Q: What if we previously “simulated” a birth? A: RA 11222 provides a rectification mechanism (subject to cut-offs and conditions), allowing transition to lawful adoption and correction of the civil registry without criminal liability when requirements are met.

Q: We are foreigners living in the Philippines. Can we adopt domestically? A: Possibly, if you satisfy residency, reciprocity, and safeguard conditions. Some are waived for former Filipinos, close relatives, or when jointly adopting with a Filipino spouse. Coordinate early with NACC/RACCO.

17) Ethical Principles the NACC Applies

Best interests of the child (paramount).
Subsidiarity (family preservation/reunification first; then kinship, foster, adoption).
Non-discrimination (against child or PAP on the basis of age, sex, health, disability, socio-economic status, religion, or civil status, subject to the child’s best interests).
Lifelong perspective (post-adoption support and openness appropriate to the child’s developmental needs).

18) Practical Tips to Succeed

Start early on documentary clearances (NBI, medicals, foreign police checks).
Be candid in Home Study interviews. Social workers look for insight and readiness, not perfection.
Consider openness to older children, sibling groups, or children with special needs—this often shortens matching timelines and aligns with urgent child-welfare needs.
Keep a file: index tabs for PAP docs, child docs, STC reports, consents, and NACC communications.
Plan support: pediatrician; school readiness; attachment-focused parenting; if needed, trauma-informed counseling.

19) Quick Glossary

NACC – National Authority for Child Care (central agency for alternative child care).
RACCO – Regional Alternative Child Care Office.
CDCLAA – Certificate Declaring a Child Legally Available for Adoption.
CPA – Child-Placing Agency.
HSR/CSR – Home Study Report / Child Study Report.
STC – Supervised Trial Custody.
Order of Adoption – NACC’s administrative decree establishing the adoptive relationship.

20) Closing Notes

RA 11642 makes domestic adoption faster, child-centered, and less adversarial by removing the need for a court case while tightening safeguards against trafficking and illicit matching. Success hinges on complete documentation, genuine readiness to parent, and collaboration with social workers. When in doubt—especially for foreign residency, unique civil status issues, or simulated birth rectification—seek personalized legal or social-work guidance aligned with the best interests of the child.