In the Philippine legal system, an Adoption Decree is the final judgment issued by a Court of Law (specifically a Family Court) that officially establishes the relationship of paternity and filiation between the adopter and the adopted child. Because adoption involves the sensitive restructuring of a person’s legal identity and status, these records are subject to strict confidentiality laws.
Securing a Certified True Copy (CTC) of this decree is a common requirement for applying for a corrected birth certificate, passport applications, inheritance claims, or immigration purposes.
1. Legal Basis for Confidentiality
Under Republic Act No. 11642 (the Domestic Administrative Adoption and Alternative Child Care Act) and the Rule on Adoption, all hearings, records, and proceedings in adoption cases are strictly confidential.
- Rule: No copy of the decree or any part of the record shall be released to any person except upon order of the court.
- Purpose: To protect the privacy of the child and the adoptive parents from unnecessary public scrutiny or potential harassment.
2. Who Can Request the CTC?
Generally, only the following parties have the legal standing to request a copy:
- The Adoptive Parents.
- The Adopted Child (if of legal age).
- The Guardian of the adopted child.
- Authorized Government Agencies (e.g., NACC, DSWD) for official purposes.
- A Person Authorized by the Court, provided they show a legitimate interest and it is for the best interest of the child.
3. Step-by-Step Procedure
Step A: Identify the Issuing Court
You must return to the specific Regional Trial Court (RTC) Branch that originally handled the adoption case. You will need the Case Number and the Date of the Decree. If you do not have these, you may need to search the court’s general archives using the names of the adoptive parents.
Step B: File a Formal Motion or Written Request
Since adoption records are sealed, you cannot simply walk up to the counter and ask for a copy.
- For Recently Decided Cases: A simple written request addressed to the Branch Clerk of Court may suffice if you are the party of record.
- For Archived Cases: If the case is old, the Clerk may require a Motion to Unseal Records or a formal request for the issuance of a CTC, justifying the purpose of the request.
Step C: Verification and Approval
The Clerk of Court will verify the identity of the requester. If the requester is an attorney or a representative, a Special Power of Attorney (SPA) from the adoptive parents is mandatory. The Presiding Judge may need to sign an Order allowing the release of the document.
Step D: Payment of Fees
Once approved, you must pay the necessary legal fees at the Office of the Clerk of Court (OCC).
- Fees usually include: Processing fees, certification fees (per page), and documentary stamp taxes (DST).
- Receipts: Ensure you keep the Official Receipt (OR), as you will present this to claim the document.
Step E: Issuance
The Clerk of Court will photocopy the original decree from the case file, stamp it with "Certified True Copy," and sign it. The seal of the court will be embossed on the document.
4. Requirements Checklist
To ensure a smooth process, prepare the following:
- Valid Government ID of the requester.
- Case Details: Name of the Petitioners (Adoptive Parents), Case Number, and Branch Number.
- Special Power of Attorney (SPA): If the adoptive parents are not the ones physically going to court.
- Proof of Filiation/Relationship: Especially if the child is now an adult requesting their own records.
5. Important Considerations
Administrative vs. Judicial Adoption
If the adoption was processed recently under the new RA 11642, it may be an Administrative Adoption. In this case, the record might be held by the National Authority for Child Care (NACC) instead of a judicial court. The request for a CTC would then follow NACC’s internal administrative protocols rather than court rules.
Annotation at the PSA
Simply having a CTC of the Decree is often not enough for civil registry purposes. The Decree must be registered with the Local Civil Registrar (LCR) where the court sits. The LCR will then issue a "Certificate of Finality" and forward the documents to the Philippine Statistics Authority (PSA) so that a new Birth Certificate can be issued with the adoptive parents' names.
Lost Records
If the court records were destroyed (e.g., due to fire or flooding, which is common in older jurisdictions), the party may need to file a Petition for Reconstitution of Records, a separate legal proceeding to restore the lost file based on secondary evidence.