Quick answer

Legal adoption in the Philippines is now generally an administrative proceeding, not a new court case. Under Republic Act No. 11642, a qualified adopter files through the Regional Alternative Child Care Office (RACCO) with jurisdiction over the adopter’s residence. The National Authority for Child Care (NACC) evaluates and decides the petition.

The exact route depends on whether the case is:

A regular domestic adoption involving a child legally available for adoption;
A stepparent, relative, foster-child, or adult adoption;
The adoption of one’s own non-marital child;
Rectification of a simulated birth record under Republic Act No. 11222; or
An inter-country adoption involving an adopter permanently residing abroad.

Do not privately “adopt” a child by changing the birth certificate, signing a private agreement, or simply raising the child as your own. These acts do not create legal filiation or parental authority and may expose those involved to criminal liability.

Who may adopt domestically?

A Filipino citizen may generally adopt if the person:

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

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 person may apply if otherwise qualified. Married spouses must generally adopt jointly, except when:

One spouse adopts the legitimate child of the other;
One spouse adopts that spouse’s own non-marital child, with the other spouse’s consent; or
The spouses are legally separated.

A former guardian may adopt the ward after the guardianship has ended and financial accountabilities have been cleared. A qualified foster parent may also adopt a foster child.

Foreign nationals residing in the Philippines

A foreign national may use the domestic process if the person is a permanent or habitual Philippine resident for at least five years before filing, possesses the qualifications required of Filipino adopters, comes from a country with Philippine diplomatic relations, and shows that the foreign country will:

Recognize the NACC adoption order;
Recognize the adoptee as the adopter’s legal child; and
Permit the child’s entry as an adoptee.

The five-year residence requirement may be waived in limited cases specified by law, including certain former Filipinos adopting relatives and certain spouses of Filipino citizens. Foreign public documents will generally need proper authentication or an apostille. Because immigration and recognition issues vary by country, obtain written guidance from the RACCO before choosing the domestic route.

Who may be adopted?

The law allows the adoption of:

A child with a valid Certification Declaring a Child Legally Available for Adoption (CDCLAA);
One spouse’s child by the other spouse;
A non-marital child by a qualified adopter to improve the child’s legal status;
A foster child;
A relative of the adopter;
A child whose previous adoption was rescinded;
A child whose biological or adoptive parents have died, although proceedings generally cannot begin until six months after the parents’ death; and
A Filipino adult who satisfies the legal requirements for adult adoption.

For adult adoption, current NACC documentary guidance asks for proof that the adoptee was consistently considered and treated as the adopter’s own child for at least three years before reaching majority, such as old photographs, school or family records, and barangay certification. If the relationship began only after the adoptee became an adult, ask the RACCO for a written eligibility assessment before spending on evaluations and publication.

When is a CDCLAA required?

A CDCLAA is generally required before a child may be adopted through regular domestic adoption. It establishes that the child is legally available for adoption after the required investigation, family-preservation efforts, biological-parent search, and termination or relinquishment of parental rights.

A CDCLAA is generally not required for stepparent or relative adoption. It is also ordinarily inapplicable to a qualified adult adoption. The RACCO must still verify the child’s identity, filiation, custody, consent, and best interests.

For a voluntarily surrendered child, biological parents must receive counseling and are allowed three months to reconsider the decision to relinquish the child before it becomes irrevocable. No binding adoption commitment should be obtained from a parent before the child’s birth.

Whose consent is required?

After appropriate counseling and an explanation of the right to approve or withhold approval, written consent is generally required from:

The adoptee, if 10 years old or older;
The known biological parents, legal guardian, or government entity with legal custody, unless a statutory exception applies;
The adopter’s marital and adopted children who are at least 10;
The adopter’s non-marital children who are at least 10 and live with the adopter or are 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 does not execute written consent but must still be counseled and consulted in an age-appropriate manner.

Consent should not be prepared privately and presented as a finished transaction. The consent of the child and biological parent ordinarily must follow counseling and be signed in the presence of the authorized adoption social worker. Consent obtained through coercion, fraud, undue influence, or payment is invalid and may be criminal.

Documents commonly required

The controlling checklist is the current, category-specific checklist issued by the RACCO. For a regular domestic petition, expect documents in the following groups:

Identity and civil status

PSA or authenticated birth records of the adopter and adoptee;
PSA marriage certificate or CENOMAR, as applicable;
Final court orders and certificates of finality for annulment, nullity, legal separation, or recognized foreign divorce;
Death certificates of biological parents, when applicable; and
The original CDCLAA, when required.

Suitability and family assessment

Home Study Report, Child Case Study Report, or Social Case Study Report prepared by an authorized adoption social worker;
NBI, police, or relevant court clearances;
A recent medical evaluation of the adopter and child, generally prepared within six months before filing;
A psychological evaluation of the prospective adopter, generally prepared within two years;
A psychological evaluation of a child aged five or older when required under the applicable checklist or social-worker assessment;
Proof of financial capacity, such as income, employment, tax, bank, business, or asset documents;
At least three letters from non-related character references, with current contact information; and
A child-care plan identifying at least three preferred temporary custodians in case of the adopter’s death, absence, or incapacity, when applicable.

Consents and supporting evidence

Required written consents executed after counseling;
Recent dated close-up and whole-body photographs of the adopter and adoptee;
Proof of family relationship for relative adoption;
Proof of the existing parent-child relationship in adult or independently placed cases;
Records of reasonable efforts to locate a missing biological parent, when applicable;
Prior custody, guardianship, foster-care, school, medical, support, and residence records; and
The order disposing of any earlier court adoption case.

Procedural documents

Certificate of attendance at the pre-adoption forum and required training;
Notarized petition and Certificate of Authority for a Notarial Act;
Verification and certification against forum shopping, when applicable;
Matching, placement, and post-placement documents, when applicable;
Certificate or affidavit of publication; and
Draft amended Certificate of Live Birth and other RACCO forms.

The NACC’s 2026 Citizen’s Charter directs petitioners to file **two sets—one original and one photocopy—**with the RACCO for the region where they reside. Additional evidence may be required when the social worker or NACC must verify a fact stated in the petition.

Step-by-step domestic adoption process

1. Confirm the correct adoption category

Contact the appropriate RACCO before obtaining expensive documents. Explain:

Who the proposed adopter and adoptee are;
Where each person resides;
Their citizenship and immigration status;
Their relationship, if any;
Who currently has custody;
Whether the biological parents are known, deceased, absent, or objecting;
Whether the birth record is accurate; and
Whether an adoption or custody case was previously filed in court.

The NACC RACCO directory and NACC contact page provide official contact information.

2. Attend the pre-adoption forum

The NACC treats attendance as mandatory. The forum covers the legal effects of adoption, parenting preparation, the child’s identity, adoption disclosure, documentary requirements, and the applicable process.

An adopter may work with:

The RACCO Family Development Unit;
A city or municipal social welfare and development office;
An accredited child-placing agency; or
A certified or accredited adoption social worker.

Use only an authorized provider. Verify a private agency against the NACC list of accredited child-placing agencies.

3. Complete the home and case studies

An authorized adoption social worker investigates the adopter, adoptee, biological family, household, finances, health, relationships, motivation, and parenting capacity. The social worker must verify the adoptee’s identity and birth registration and assess whether adoption serves the adoptee’s best interests.

A petition cannot be processed without the required social case study and recommendation.

4. Establish the child’s legal availability, if required

For regular adoption, the child must ordinarily have a CDCLAA before matching or placement. The authorities must make legally required efforts to preserve the biological family and locate biological parents or relatives.

A missing parent is not automatically treated as having consented. Keep copies of letters to the last known address, returned mail, barangay or police records, media certifications, and other search evidence obtained under the social worker’s direction.

5. Complete matching and pre-adoption placement

Regular adoption of a legally available child involves professional matching. It is not a private selection or sale of a child. Stepparent, relative, and adult cases generally do not undergo matching when the legal and household requirements are satisfied.

After an approved match, the NACC or RACCO may issue a Pre-Adoption Placement Authority (PAPA). If recommended, supervised trial custody may last up to six months, with monthly monitoring. It may be reduced or waived in appropriate regular cases and may be waived for stepparent, relative, infant, or adult adoption based on the social worker’s assessment.

6. File the notarized petition

File the petition and complete original supporting documents with the RACCO for the adopter’s place of residence. The petition must state the facts establishing eligibility, the relationship with the adoptee, the child’s circumstances, required consents, and any proposed new name.

The petition is not a substitute for the earlier screening, case study, CDCLAA, matching, or placement stages when those stages apply.

7. Publication and mandatory appearances

After the RACCO accepts the petition, it issues the order of publication. A copy of the petition must be published once a week for three successive weeks in a newspaper of general circulation.

Do not publish before receiving the RACCO’s order and instructions. Retain the full newspaper pages, clippings, official receipts, and notarized affidavit or certificate of publication.

The RACCO conducts interviews and mandatory appearances involving the adopter, adoptee, social worker, and other relevant persons. Under RA 11642, prospective adopters may be required to appear personally at least twice during the application period. A clarificatory hearing or further investigation may be scheduled when facts or documents require explanation.

8. RACCO and NACC review

The statutory review has several internal periods:

The RACCO generally has 15 working days from filing to examine compliance and conduct the required interviews, excluding periods when the case is suspended for additional information;
The Deputy Director for Services generally has 15 working days to review the RACCO recommendation;
If the file is returned, the RACCO generally has 15 working days to address the stated concerns; and
The Executive Director generally acts within 15 working days after receiving the recommendation, subject to further investigation or documents that cannot readily be obtained.

The law states that a domestic petition should be decided within 60 calendar days from the Deputy Director for Services’ receipt of the RACCO’s recommendation. This is not a 60-day promise from the applicant’s first inquiry. Screening, document completion, CDCLAA proceedings, matching, trial custody, publication, applicant-caused delay, and further investigation occur outside or may suspend that clock.

The 2026 Citizen’s Charter separately lists an estimated RACCO filing phase of approximately 105 days, but actual end-to-end time remains fact-dependent. When NACC requests additional proof, its public procedure ordinarily directs the petitioner to comply within 15 working days.

9. Receive and register the adoption order

If approved, the NACC issues an Order of Adoption stating the adoptee’s legal name. Follow the order’s civil-registration directions promptly. RA 11642 requires the adopter to submit a certified true copy to the civil registrar where the adoptee was originally registered within 30 calendar days from receipt.

Coordinate with the RACCO and local civil registrar concerning:

Acknowledgment of the order;
Issuance of the Certificate of Finality;
Registration of the Order of Adoption and Certificate of Finality;
Preparation of the amended Certificate of Live Birth; and
Obtaining the resulting PSA record.

The original birth record is sealed. The amended birth certificate does not carry a notation stating that it is an amended record.

10. Complete post-adoption services

The adoption social worker monitors the family after finalization, ordinarily for one year, and may require further visits depending on the child’s circumstances.

Adoptive parents must disclose the adoption to the child in an age-appropriate manner before the child turns 13. The social worker should help the family prepare for this conversation.

How much does adoption cost?

There is no reliable single total because costs depend on the adoption category, provider, location, publication, and evaluations. Possible expenses include:

PSA and civil-registry documents;
Clearances;
Medical and psychological evaluations;
Notarization and the notarial-authority certificate;
Newspaper publication;
Photographs, copying, apostille, translation, and courier expenses; and
Lawful fees charged by an accredited private child-placing agency.

Ask for a written breakdown and official receipts. Consult the current NACC guidelines on adoption fees before paying.

Qualified indigent petitioners may receive socialized or waived government fees. RA 11642 also directs the Public Attorney’s Office to provide free legal assistance, including adoption-related notarization, when warranted.

Never pay a biological parent, intermediary, hospital worker, social-media contact, or fixer in exchange for a child or consent.

Special situations

Stepparent and relative adoption

These cases generally do not require a CDCLAA or ordinary matching, but they are not automatic. The RACCO still examines consent, biological filiation, the child’s relationship with the adopter, the other biological parent’s rights, household stability, and the child’s best interests.

A private custody arrangement, notarized authorization, surname change, or financial support does not replace adoption.

Adult adoption

Adult adoption remains an NACC administrative proceeding. It requires the adult adoptee’s consent and, when applicable, the consent of the adoptee’s spouse and the adopter’s children. The adopter must prove the longstanding parent-child relationship required by current law and NACC guidance.

Simulated birth records

A simulated birth occurs when someone who is not the biological parent is falsely recorded as the child’s parent. Do not attempt to “correct” it by executing another false document.

Republic Act No. 11222 provides a special administrative adoption and rectification process for qualifying simulations made before the law took effect. The petition must be filed by March 29, 2029. Eligibility depends on facts including when the simulation occurred, the child’s residence and treatment as the petitioner’s child, and the child’s best interests. Start with the local social welfare office or RACCO because this process has a different filing route and checklist.

Cases outside RA 11222 may still be assessed under RA 11642, but the false record and possible liability do not disappear automatically.

Adopters living abroad

A foreigner or Filipino permanently residing abroad will ordinarily use the inter-country process through the Central Authority or NACC-accredited foreign adoption agency in the country of residence. Applications should not be privately or directly arranged with a child’s family.

Under Republic Act No. 8043, an inter-country applicant is generally at least 27 years old, at least 16 years older than the child, eligible under the applicant’s national law, and—if married—must apply jointly with the spouse. Inter-country adoption is a last resort after domestic-placement possibilities have been exhausted. The NACC inter-country relative-adoption guidance confirms that applications must pass through the foreign Central Authority or accredited agency.

Evidence worth preserving

Keep secure originals and scanned copies of:

Birth, marriage, death, custody, guardianship, and court records;
Proof of the child’s residence and daily care;
School, vaccination, medical, insurance, and support records;
Old dated photographs showing the family relationship;
Communications with biological parents or relatives;
Properly documented counseling and consent;
Returned mail and official search efforts for a missing parent;
Foster-care, placement, and social-worker reports;
Publication pages, receipts, and affidavits;
Every RACCO or NACC notice, email, compliance submission, and delivery receipt;
Proof of all payments to authorized providers; and
Any prior adoption petition, dismissal, withdrawal, or judgment.

Adoption records are confidential. Do not post the child’s dossier, biological history, health information, or adoption documents on social media.

Common mistakes to avoid

Filing a new domestic adoption case in court instead of with the RACCO;
Treating physical custody as legal adoption;
Using a private agreement or birth-certificate change to bypass NACC;
Paying for a child, placement, or consent;
Concealing a biological parent, marriage, criminal record, prior adoption, or earlier court case;
Having consent signed without the required counseling and social-worker participation;
Obtaining medical, psychological, clearance, or civil-status documents too early and allowing them to expire;
Publishing before the RACCO issues its publication order;
Filing in the adoptee’s locality instead of the adopter’s RACCO when the applicable rule requires the adopter’s residence;
Assuming a stepparent or relative adoption is automatic;
Contacting or selecting children outside authorized matching procedures; and
Missing a compliance, reconsideration, appeal, or civil-registration deadline.

When legal help is urgent

Seek immediate assistance from the RACCO, local social welfare office, PAO, or a Philippine lawyer experienced in adoption when:

A child is being sold, trafficked, hidden, abused, or moved without lawful authority;
Someone demands payment for consent or placement;
Consent is disputed, coerced, withdrawn, or allegedly forged;
A biological parent cannot be located or suddenly contests the adoption;
The birth certificate contains false parentage;
The child may be taken abroad;
There is an active custody, guardianship, protection, or adoption case;
NACC issues a denial or another interested party challenges an order; or
A deadline stated in an order or notice is approaching.

A motion for reconsideration of an adoption denial must generally be filed within 15 calendar days from receipt. Judicial recourse to the Court of Appeals may carry a period as short as 10 days from receipt of the relevant order or denial of reconsideration. Treat either notice as urgent and follow the remedy and counting method stated in the actual order and governing rules.

Legal effect of adoption

Once the Order of Adoption becomes final:

The adoptee becomes the adopter’s legitimate child for legal purposes;
The adopter obtains parental authority;
The adopter and adoptee generally acquire reciprocal succession rights equivalent to legitimate filiation;
Legal ties with the biological parents are generally severed, except when the biological parent is the adopter’s spouse; and
The civil registry issues an amended birth certificate using the adopter’s surname as directed.

An adopter cannot rescind the adoption merely because the relationship becomes difficult. Rescission is available only to the adoptee, or through the authorized representative of a minor or incapacitated adoptee, on statutory grounds involving serious wrongdoing by the adopter.

Penalties for illegal practices

Under RA 11642, obtaining adoption consent through coercion, fraud, undue influence, or improper material inducement; bypassing legal safeguards; or exposing the child to danger, abuse, or exploitation may be punished by imprisonment of six years and one day to 12 years, a fine of ₱50,000 to ₱200,000, or both, as determined by a court.

Simulation of birth is separately punishable under RA 11642 by imprisonment of eight years and one day to 10 years and a fine of up to ₱50,000, subject to the special amnesty and rectification protections available to qualified petitioners under RA 11222.

Frequently asked questions

Is a court case still required?

Not for a new domestic adoption petition. NACC has original jurisdiction, and the petition is filed through the appropriate RACCO. Court involvement may arise on appeal or in related proceedings such as custody, guardianship, or termination of parental rights.

Can a single Filipino adopt?

Yes, provided the applicant satisfies the age, capacity, character, health, psychological, financial, and best-interest requirements.

Can the adopter choose a particular child?

A person adopting a known stepchild, relative, foster child, or qualified adult identifies that adoptee. Regular adoption of a legally available child uses professional matching; it is not private child selection.

Is biological-parent consent always required?

It is generally required when the parents are known, but legal availability, prior termination of parental rights, death, adult-adoption rules, or other statutory circumstances may change the requirement. Absence alone does not automatically eliminate parental rights.

How long does adoption take?

There is no fixed end-to-end period. Document preparation, legal-availability proceedings, matching, supervised custody, publication, and further investigation can take substantial time. The 60-day statutory decision period starts only after the Deputy Director receives the RACCO recommendation.

Does the adoption order automatically produce a new PSA birth certificate?

No. The order must become final and be properly registered with the relevant local civil registrar before the amended record can be obtained from the PSA.

May adoptive parents keep the adoption secret forever?

No. Adoption disclosure is mandatory before the child reaches 13, with age-appropriate preparation and social-worker support.

Official references

This article provides general legal information, not legal advice for a particular family or case. Eligibility, required consent, venue, documents, immigration consequences, and remedies depend on the actual records and circumstances. Official sources and procedures were checked as of July 30, 2026.