Quick answer

Legal adoption in the Philippines is now generally an administrative proceeding, not a new court case. Under the Domestic Administrative Adoption and Alternative Child Care Act (Republic Act No. 11642), applications are handled by the National Authority for Child Care (NACC) through the Regional Alternative Child Care Office (RACCO) where the prospective adoptive parent or parents reside.

For domestic adoption, a Filipino applicant must generally:

Be at least 25 years old;
Have full civil capacity and legal rights;
Be of good moral character and have no conviction for a crime involving moral turpitude;
Be emotionally and psychologically capable of caring for a child;
Be able to support and care for the child according to the family’s means; and
Be at least 16 years older than the adoptee, unless the adopter is the adoptee’s biological parent or the spouse of that parent.

There is no universal statutory minimum income or maximum age for domestic adopters. Financial, medical, emotional, and parenting capacity are assessed in the applicant’s actual circumstances. Approval is never automatic: the child’s best interests remain the controlling consideration.

Start with the correct adoption route

The first practical step is to contact the RACCO for your region for an initial assessment. The correct procedure depends on where the applicants and child habitually live and on their relationship.

Domestic administrative adoption

This generally applies when the prospective adopters and Filipino adoptee are residing in the Philippines. It includes:

Regular adoption of a child legally available for adoption;
Relative adoption;
Stepparent adoption;
Adoption of one’s own non-marital child in situations allowed by law;
Foster-child adoption; and
Adult adoption.

NACC has original and exclusive jurisdiction over domestic administrative adoption, adult adoption, the declaration of a child as legally available for adoption, and related alternative-care matters.

Inter-country adoption

A foreign national or Filipino who is habitually or permanently residing abroad will ordinarily use the inter-country process under Republic Act No. 8043, as amended. This route generally requires the applicant to be at least 27 years old and at least 16 years older than the child, subject to the statutory exceptions.

Applications must be coursed through the Central Authority or NACC-accredited foreign adoption agency in the applicant’s country of residence. Even a relative abroad should not file directly with a RACCO; NACC’s official guidance for inter-country relative adoption requires the foreign Central Authority or authorized agency to handle the application.

Simulated birth records

If a person was falsely recorded as the child’s biological parent, changing the birth certificate alone is not a lawful substitute for adoption. A special remedy may be available under the Simulated Birth Rectification Act, Republic Act No. 11222.

The special amnesty generally covers simulation committed on or before March 28, 2019, where the child had already lived with and been treated as the person’s own child for at least three years before the law took effect. The petition for adoption and rectification must be filed within ten years from the law’s March 29, 2019 effectivity—meaning no later than March 29, 2029. These cases are initially filed with the city or municipal Social Welfare and Development Office where the child resides, under the current NACC Citizen’s Charter.

Because eligibility for amnesty depends on dates and evidence, anyone with a simulated record should approach RACCO promptly and avoid making further alterations or inconsistent statements.

Who may adopt domestically?

Filipino citizens

A qualified single Filipino may apply. Married spouses must ordinarily 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 legal guardian may adopt a ward only 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 qualify for domestic adoption if the person:

Is a permanent or habitual Philippine resident for at least five years before filing;
Meets substantially the same personal qualifications required of a Filipino adopter;
Comes from a country with diplomatic relations with the Philippines; and
Shows that the adopter’s country will recognize the adoption, treat the child as the adopter’s legal child, and allow the child to enter that country as an adoptee.

The five-year residence requirement may be waived in limited cases involving certain former Filipinos, adoption of a Filipino spouse’s legitimate child, or joint adoption with a Filipino spouse of that spouse’s relative within the fourth civil degree. Citizenship, residence, immigration, and recognition documents should be reviewed by RACCO before substantial expenses are incurred.

Who may be adopted?

Republic Act No. 11642 permits adoption of, among others:

A child with a Certificate Declaring a Child Legally Available for Adoption, or CDCLAA;
The legitimate child of one spouse 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 cannot begin until six months after their death; and
A Filipino adult who, before the adoption, was consistently considered and treated by the adopter or adopters as their own child for at least three years.

A CDCLAA is generally essential for an abandoned, neglected, surrendered, dependent, or found child whose legal availability must first be established. Foundlings are covered by Republic Act No. 11642 together with the Foundling Recognition and Protection Act. Stepparent, relative, and adult cases may follow different requirements because there is already an identified relationship.

Whose written consent is required?

After appropriate counseling, written consent is generally required from:

The adoptee, if 10 years old or older;
The known biological parents, legal guardian, or government body with legal custody, subject to applicable exceptions;
The adopter’s marital and adopted children who are at least 10;
The adopter’s non-marital children who are at least 10, if living with the adopter or under the adopter’s parental authority;
The adopter’s spouse, when applicable; and
The spouse of the person being adopted, when applicable.

A child below 10 does not execute the statutory written consent but must still be counseled and consulted in an age-appropriate manner.

Consent must be informed and given through the prescribed process. A private agreement, notarized waiver, or informal handover does not by itself create an adoption. Where a parent is missing, cannot be located, disputes consent, or is alleged to have abandoned the child, do not assume that consent can simply be omitted. RACCO must determine whether a search, CDCLAA proceeding, proof of legal custody, or another measure is required.

Documents commonly required

The exact checklist varies among regular, relative, stepparent, foster-child, adult, and simulated-birth cases. Obtain the case-specific checklist and current templates from RACCO before securing expensive evaluations.

For a regular domestic petition, expect documents such as:

The notarized petition and prescribed certifications;
Home study, child case study, or consolidated social case study prepared by an authorized adoption social worker;
PSA or authenticated birth records of the adoptee and applicants;
PSA marriage certificate or CENOMAR, as applicable;
Final court records concerning annulment, nullity, legal separation, or applicable foreign divorce;
NBI, police, or relevant court clearances;
The CDCLAA, when required;
Required written consents;
Medical evaluations of the applicants and adoptee;
Psychological evaluations;
A child-care plan identifying at least three possible temporary custodians in order of preference;
At least three character-reference letters from unrelated persons;
Recent close-up and whole-body photographs of the applicants and adoptee;
Proof of financial capacity, such as employment, income-tax, business, bank, or appropriate barangay records;
Proof of pre-adoption forum attendance and required training;
Publication documents; and
Foreign legal-capacity, immigration, police, and recognition documents, when applicable.

Under the current NACC checklist, the social case study is generally prepared within six months of its report date; medical evaluations are generally required within six months before application; and psychological reports are generally accepted if prepared within two years, subject to the applicable category and the social worker’s assessment. A psychological evaluation of a child aged five or older is normally required, although tailored rules may apply in adult and other special cases. Public documents issued abroad generally require apostille or authentication and, when necessary, an official English translation.

The domestic adoption process

1. Contact RACCO and attend the pre-adoption forum

Applicants may work with a RACCO adoption social worker, a local social welfare office, an accredited adoption social worker, or a licensed child-placing agency. Attendance at the pre-adoption forum is mandatory. The forum addresses the legal process, parenting responsibilities, trauma-informed care, adjustment, and telling the child about the adoption. See NACC’s prospective adoptive-parent guidance.

2. Complete the assessment and home study

An adoption social worker interviews the applicants, visits or evaluates the home, examines the family’s relationships and support system, verifies records, and assesses whether adoption would serve the child’s best interests. The child and biological-family circumstances are also studied where applicable.

Give complete and consistent information about prior marriages, children, finances, health, criminal or administrative cases, residence, previous adoption applications, and the child’s placement. A difficult fact is usually more manageable when disclosed early than when discovered through verification.

3. Establish the child’s legal availability when required

For a child who has been abandoned, surrendered, neglected, found, or otherwise lacks legally effective parental care, the appropriate agency or social welfare officer may need to obtain a CDCLAA through RACCO before adoption proceeds.

The law requires genuine efforts to keep a child safely with the biological family where possible and to locate biological parents or relatives. A parent who voluntarily commits a child is generally allowed three months to reconsider the relinquishment before it becomes irrevocable.

4. Matching and acceptance

Regular adoption of a legally available child ordinarily involves official matching between an approved family and a child. Applicants do not buy, reserve, or privately select a child.

Stepparent, relative, and adult cases do not undergo regular matching when the adoptee and applicants have lived in the same household for at least two years. If that condition is not met, RACCO may require the applicable presentation or matching procedure.

5. Pre-adoption placement and supervised trial custody

After an approved match and acceptance, NACC may issue a Pre-Adoption Placement Authority. If recommended, supervised trial custody may run for up to six months, with monthly monitoring by the adoption social worker.

Trial custody may be reduced or waived on the social worker’s assessment in cases such as stepparent, relative, infant, adult, foster, or other appropriate adoptions. Waiver is not automatic merely because the child already knows the applicants.

6. File the petition with the proper RACCO

The applicants sign and swear to the petition and file it, with complete original supporting documents, at the RACCO for the region where they reside. The 2026 NACC Citizen’s Charter calls for two sets—one original and one photocopy—subject to RACCO’s current filing instructions.

A copy of the petition is published once a week for three successive weeks in a newspaper of general circulation. Follow the RACCO publication order; do not independently publish confidential information about the child.

7. Attend required appearances and interviews

Applicants must personally appear before the RACCO at least twice during the application period on dates it sets. RACCO interviews the applicants, adoptee, and handling social worker and checks whether substantive and procedural requirements have been met.

Within 15 working days from filing, RACCO is directed to review compliance, conduct the relevant interviews, and make its recommendation. That period is suspended when additional documents or information are required.

8. NACC review and decision

The Deputy Director for Services reviews the RACCO recommendation and may return an incomplete case or forward it for final action. The Executive Director then decides whether adoption is in the adoptee’s best interests.

The statutory 60-calendar-day decision period does not run from the first inquiry or initial application. It begins only when the Deputy Director for Services receives RACCO’s recommendation. Time spent obtaining records, completing the home study, establishing legal availability, matching, undergoing trial custody, publishing the petition, or supplying additional evidence comes before or may extend the practical timeline.

If granted, NACC issues an Order of Adoption. If denied, a motion for reconsideration may be filed with NACC through the Executive Director within 15 calendar days from receipt of the denial. An appeal governed by Section 35 of Republic Act No. 11642 must be filed with the Court of Appeals within the stated 10-day period. Because these periods are short and the correct remedy can depend on who is challenging which order, obtain legal help immediately upon receipt.

9. Register the order and secure the new birth certificate

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

Coordinate with RACCO and the local civil registrar regarding the Certificate of Finality, registration of the order, and issuance of the amended Certificate of Live Birth through the PSA. The amended certificate does not state on its face that it is an amended issue. The original record is cancelled, annotated, sealed, and may be opened only under lawful authority.

Costs and payment safety

NACC and RACCO have publicly stated that they do not collect government processing fees for domestic adoption services. Applicants may still incur legitimate third-party expenses for:

PSA and civil-registry documents;
NBI or police clearances;
Medical and psychological evaluations;
Apostille, authentication, or translation;
Notarization and the Certificate of Authority for a Notarial Act;
Newspaper publication;
Photographs, travel, and document delivery; and
Services of a licensed private child-placing agency, if voluntarily engaged.

Ask for a written, itemized assessment before paying a private agency. Pay only through official channels and obtain receipts. No legitimate person can sell a child, guarantee approval, bypass consent, or promise a particular child in exchange for money.

Qualified indigent applicants may request free legal assistance, including eligible adoption-related notarization, from the Public Attorney’s Office as provided by Republic Act No. 11642.

Evidence to preserve

Keep originals and organized copies of:

PSA and local civil-registry records;
Records of guardianship, foster care, voluntary commitment, custody, or placement;
Communications with biological parents, guardians, agencies, and social workers;
Proof of lawful efforts to locate an absent parent or relative;
School, medical, baptismal, insurance, and household records showing the child’s history;
Receipts and records of support provided for the child;
Dated family photographs and proof of shared residence;
Death certificates and final court decisions affecting parentage or marital status;
Consents signed through the prescribed counseling process;
Notices, publication clippings, affidavits, and delivery receipts; and
Every submission, acknowledgment, order, and email from RACCO or NACC.

For relative and adult adoption, records showing how long the adoptee lived with and was consistently treated as the applicant’s child can be especially important. Do not alter a birth record, fabricate dates, coach a child, backdate consent, or delete communications that may be relevant.

Common mistakes to avoid

Filing a new domestic adoption case in court. Current domestic proceedings ordinarily begin through RACCO and NACC.
Treating custody as adoption. Caring for a child, paying expenses, obtaining guardianship, or using the adopter’s surname does not create legal filiation.
Making a private placement without agency guidance. Direct arrangements and online “baby matching” can expose a child to trafficking and make lawful adoption more difficult.
Assuming a parent’s absence eliminates consent. A lawful search, legal-custody determination, or CDCLAA may be necessary.
Ignoring the joint-adoption rule for spouses.
Submitting stale or inconsistent records. Check validity dates before filing and disclose differences in names, dates, marital history, and addresses.
Obtaining foreign documents without apostille, authentication, or translation.
Missing publication, registration, reconsideration, or appeal deadlines.
Paying a fixer or unlicensed intermediary.
Hiding a simulated birth record. The special rectification period remains open only until March 29, 2029 for qualifying cases.

Legal effects of adoption

Once the Order of Adoption becomes final:

The adoptee becomes the adopter’s legitimate child for all legal purposes;
The adopter assumes full parental authority over a minor adoptee;
Reciprocal inheritance rights arise between adopter and adoptee as provided by law;
Legal ties to the biological parents are generally severed, except when the biological parent is the adopter’s spouse;
A new birth certificate is issued under the name stated in the order; and
Adoption records are kept confidential, subject to the limited disclosures authorized by law.

Adoption is intended to be permanent. An adopter cannot simply return the child or unilaterally cancel the adoption. Rescission may be sought by or for the adoptee on the statutory grounds, such as repeated maltreatment, an attempt on the adoptee’s life, or abandonment and failure to perform parental obligations.

Adoptive parents must tell the child about the adoption in a developmentally appropriate way. Republic Act No. 11642 requires disclosure before the child reaches 13 years old. NACC also conducts post-adoption monitoring, with a closing report after the one-year after-care period.

When help is urgent

Contact RACCO and an adoption lawyer or the Public Attorney’s Office promptly if:

A biological parent objects, withdraws consent, disappears, or demands money;
The child was privately obtained, bought, offered online, or moved without proper authority;
The birth certificate names a person who is not the biological parent;
The child may have been abducted, trafficked, abused, or unlawfully separated from family;
Parentage, citizenship, marriage, divorce, or immigration status is disputed;
Another custody, guardianship, adoption, or criminal case is pending;
RACCO or NACC issues a denial or an adverse order;
A deadline for reconsideration, appeal, registration, or simulated-birth rectification is approaching; or
The child is in immediate danger.

For immediate safety concerns, contact the local social welfare office, barangay authorities, the Philippine National Police Women and Children Protection Desk, or other appropriate child-protection authorities. Do not confront a suspected trafficker or transfer the child privately.

Frequently asked questions

Can a single person adopt?

Yes. A qualified single Filipino may apply. Approval depends on the person’s capacity, support system, home study, and the adoptee’s best interests.

Is there a minimum salary?

Republic Act No. 11642 does not set a universal peso amount for domestic adoption. The applicant must show the practical capacity to support and care for the child according to the family’s means.

Must the adopter own a house?

The statute does not require home ownership. RACCO assesses whether the living arrangement is safe, stable, and suitable.

Can grandparents, aunts, uncles, or siblings adopt a relative?

Potentially, yes. Relative adoption covers relatives within the degree recognized by law, but consent, household, civil-status, and case-study requirements still apply. Adoption is not always the only suitable option; guardianship, kinship care, or another arrangement may be more appropriate depending on the child’s circumstances.

Can an adult be adopted?

Yes, but the adult adoptee must be Filipino and must have been consistently considered and treated as the adopter’s own child for at least three years before adoption. The adult’s consent and, where applicable, the spouse’s consent are required.

How long does adoption take?

There is no reliable single total duration. Document completion, legal availability, matching, trial custody, publication, investigations, and requests for further evidence can substantially affect the timeline. The law’s 60-day decision period begins only after the Deputy Director for Services receives RACCO’s recommendation.

Where should an applicant begin?

Use the official RACCO directory or contact the National Authority for Child Care for the current regional checklist, forum schedule, and authorized filing instructions.

Official references

This article provides general legal information, not advice for a particular family or child. Adoption outcomes depend on verified records, residence, relationships, consent, legal custody, and the adoptee’s best interests. Requirements and agency forms should be confirmed with the appropriate RACCO. Primary and official sources were last checked on July 30, 2026.