Adoption in the Philippines is a transformative legal process that severs the legal ties between a child and their biological parents, establishing a permanent and legal parent-child relationship with the adoptive parents. For newborns, the process is primarily governed by Republic Act No. 11642, otherwise known as the "Domestic Administrative Adoption and Alternative Child Care Act," which took effect in 2022 to streamline and expedite adoption proceedings by making them administrative rather than purely judicial.

1. Governing Authority: The NACC

Under the new law, the National Authority for Child Care (NACC) is the central body tasked with handling all applications for adoption. The shift from court-based proceedings to an administrative process was designed to reduce the years-long waiting periods and the high costs associated with litigation.

2. Who May Adopt?

To adopt a newborn in the Philippines, an applicant (whether a Filipino citizen or a foreign national) must meet the following criteria:

Age: Must be at least twenty-five (25) years old and at least fifteen (15) years older than the child. The age gap may be waived if the adopter is the biological parent or the spouse of the parent.
Legal Capacity: Must be in full possession of civil rights and have the capacity to act.
Character: Must be of good moral character and have not been convicted of any crime involving moral turpitude.
Financial Stability: Must be in a position to provide for the child’s needs (education, health, and upbringing).
Marital Status: If married, both spouses must adopt jointly (except in specific cases, such as adopting the legitimate child of the other spouse).

3. The Status of the Newborn

Before a newborn can be legally adopted, they must be declared "Legally Available for Adoption" (CDCLAA).

Involuntary Commitment: If the child was abandoned or foundling, the NACC must issue a Certificate Declaring a Child Legally Available for Adoption.
Voluntary Commitment: If the biological parents are alive but wish to give the child up for adoption, they must sign a Deed of Voluntary Commitment (DVC). For newborns, there is often a "counseling" period required for the biological mother to ensure the decision is not made under temporary duress.

4. Procedural Steps

Step 1: Application and Home Study

Prospective Adoptive Parents (PAPs) must file a petition with the Regional Alternative Child Care Office (RACCO). A licensed social worker will then conduct a Home Study Report, evaluating the PAPs' living conditions, motivations, and fitness to parent.

Step 2: Matching and Placement

The NACC Matching Committee matches the newborn with the most suitable PAPs. Once a match is made, the NACC issues an Inter-Country/Domestic Placement Authority. The child is then physically placed with the adoptive parents.

Step 3: Supervised Trial Custody (STC)

The law requires a mandatory supervised trial custody period, usually lasting six (6) months. During this time, a social worker monitors the adjustment of the newborn and the adoptive parents. For newborns, this phase is critical for establishing bonding and ensuring the child's health needs are met.

Step 4: The Order of Adoption

If the trial custody is successful, the social worker submits a final report to the NACC. If satisfied, the NACC issues an Order of Adoption. This administrative order has the same force and effect as a court decree.

Step 5: Issuance of New Birth Certificate

Once the Order of Adoption is final, the NACC directs the Philippine Statistics Authority (PSA) to seal the original birth certificate and issue a new one. The new birth certificate will reflect the adoptive parents as the legal parents and the child’s new name (if applicable).

5. Rights of the Adopted Child

Under Philippine law, an adopted child gains the following:

Status: The child is deemed a legitimate child of the adopters for all intents and purposes.
Succession: The child has the same inheritance rights as a legitimate biological child.
Support: The child is entitled to support, education, and protection from the adopters.

6. Simulation of Birth (A Legal Caution)

In the Philippines, "Simulation of Birth"—the act of tampering with the civil registry to make it appear a child was born to someone other than the biological mother—is a criminal offense. However, the Administrative Adoption Law provides a "rectification" process for those who acted in good faith and have treated the child as their own for years, allowing them to regularize the adoption status without criminal liability under specific conditions.