Legal Requirements for Adult Adoption in the Philippines
Key takeaway: Adult adoption (i.e., adoption of a person who is already 18 years old or older) is perfectly lawful in the Philippines, but—unlike the adoption of a child—it still follows the judicial route laid down in Articles 183-193 of the Civil Code and Rule 99 of the Rules of Court (as supplemented by A.M. No. 02-6-02-SC). Recent laws (R.A. 8552 - “Domestic Adoption Act,” now largely superseded by the 2022 R.A. 11642) streamline administrative adoption for minors, yet adult adoption remains a court proceeding until Congress expressly shifts it to the new National Authority for Child Care (NACC).
1. Statutory and Procedural Framework
| Source | What it covers | Status re: adults |
|---|---|---|
| Civil Code, Arts. 183-193 | Substantive rules on who may adopt/be adopted; effects; revocation. | Primary substantive law. |
| Rule 99, Rules of Court (1939, as amended) | Pleading, venue, notice and publication, court hearing for all adoptions. | Still governs adult adoption. |
| A.M. No. 02-6-02-SC (Rule on Adoption) | Detailed procedural supplements (verified petition form, social worker reports, etc.). | Applies insofar as practicable to adult cases. |
| R.A. 8552 (1998) | Domestic adoption of minors. | Generally inapplicable to adult adoptees, but its definitions and supervisory trial-custody concepts are often borrowed. |
| R.A. 11642 (2022) | Creates NACC; moves child adoption to administrative track. | Does not yet repeal Arts. 183-193; thus adult adoption remains judicial. |
| Family Courts Act (R.A. 8369) | Vests exclusive original jurisdiction in designated Regional Trial Courts. | Governs venue & jurisdiction. |
⚖️ Practical consequence: Petitioners must still file a verified petition in Family Court; no NACC clearance is presently needed for an ordinary adult adoption.
2. Who May Adopt (Civil Code Art. 183)
Filipino Citizens of legal capacity and at least 16 years older than the person to be adopted Exception: the age-gap rule may be relaxed when the adopter is the biological parent, step-parent, or spouse of the adoptee.
Foreigners may adopt only if:
- The adopter’s home-state allows adoption of a Filipino adult and recognizes the decree.
- The adopter has resided in the Philippines continuously for at least 3 years prior to filing (waivable for former Filipinos).
Must have good moral character, no record of crimes involving moral turpitude, and the financial and social capacity to care for the adoptee.
Spouses must adopt jointly, except when one spouse adopts the other’s adult biological child (step-parent adoption).
3. Who May Be Adopted (Art. 185)
Even in adulthood, a person may be adopted if he or she is:
A Filipino or foreign national habitually residing in the Philippines;
Of legal age (18 +) and consenting in writing to the adoption;
Living with the adopter for at least three (3) continuous years immediately before filing, unless:
- The adoptee is the adopter’s child by nature; or
- Former foster-parent and foster-child relationship exists; or
- The petitioner is a Filipino adopting a foreign adult child.
4. Required Consents (Art. 188)
| Required written consent | When mandatory |
|---|---|
| The adoptee | Always (adult signs personally). |
| The adoptee’s spouse | If married. |
| The adopter’s spouse | If married (must join unless legally separated). |
| Biological parents/guardian | Not required when the person is already of legal age. |
| Legitimate & illegitimate descendants of the adoptee | If any, because their legitime in future inheritance may be affected. |
5. Venue and Jurisdiction
- Family Court (Regional Trial Court) where either adopter or adoptee resides.
- Petition is raffled to a specific branch.
- The Office of the Solicitor General (OSG) represents the Republic; the Department of Social Welfare and Development (DSWD) (or the local Social Welfare Office) furnishes a Home Study Report—still required even if the adoptee is an adult.
6. Documentary & Filing Requirements
Verified petition in the form prescribed by A.M. No. 02-6-02-SC, stating:
- Jurisdictional facts and civil registry details.
- The adopters’ qualifications.
- Grounds for waiver of trial custody (almost always granted for adults).
Annexes:
- PSA-issued birth certificates of both parties (SEC-paid).
- Marriage certificate, if applicable.
- NBI or police clearance of adopter.
- Proof of financial capacity (ITR, payslips, bank certs).
- Photos of home environment.
Publication: Court order must be published once a week for three consecutive weeks in a newspaper of general circulation and posted in the courthouse.
7. Step-by-Step Court Process
Filing & raffle → payment of docket fees.
Issuance of Order → sets hearing date (60-90 days away), orders publication, and directs DSWD to submit a Home Study Report.
Notice & publication → compliance filed.
DSWD social worker evaluation → interviews, home visit, and report (usually waived if adopter is biological parent/relative).
Opposition period → any interested party (biological parents, descendants) may oppose.
Hearing → testimony of adopter, adoptee, social worker; cross-examination by OSG.
Decision (Decree of Adoption) → immediately final and executory after 15 days if no motion for reconsideration.
Civil Registry Compliance →
- Annotate birth certificate: “Adopted” and change of surname.
- PSA issues Certificate of Live Birth (Adopted) or Amended COLB.
⏱️ Timeline: 6-9 months in uncontested cases; shorter if the court dispenses with the DSWD report (common for step-parent or adult adoptions).
8. Legal Effects of a Final Decree
| Effect | Statutory basis | Remarks |
|---|---|---|
| Legitimate filiation | Art. 189 | Adoptee becomes a legitimate child, with full parental authority shifting to adopter. |
| Surname | Art. 365, Civil Code | Adoptee bears adopter’s surname; may also retain own surname upon agreement (Art. 174, Family Code by analogy). |
| Succession | Art. 189 | Reciprocal intestate & testamentary rights identical to natural-born legitimate child. |
| Termination of ties with biological family | Art. 190 | Except impediments to marriage (Art. 37-38, Family Code) remain. |
| Citizenship | Art. 190 (3) | If adopter is Filipino, foreign adoptee does not acquire Philippine citizenship; immigration is governed by the BI & DOJ. |
| Insurance, SSS/GSIS, PhilHealth | Implementing circulars | Adoptee may be declared as dependent/beneficiary. |
9. Revocation (Art. 191-193)
Either party may petition the same Family Court to revoke the adoption only on these narrowly-defined grounds:
| Who may file | Grounds |
|---|---|
| Adoptee | (a) Repeated maltreatment; (b) Attempt on life or sexual abuse. |
| Adopter | (a) Adoptee’s attempt on life of adopter; (b) Maltreatment; (c) Abandonment without justifiable cause. |
A decree of revocation restores the original civil status for both parties prospectively and revives intestate rights with the biological family.
10. Special Scenarios
Adult with disabilities or special needs. A.M. No. 03-02-05-SC (Rule on Foster Care) and R.A. 10165 (Foster Care Act) influence the Home Study requirements; courts are flexible in waiving residence-periods.
Step-Parent Adoption.
- Residence period and age-gap rules do not apply.
- Often paired with petition to correct/cancel legitimation entries.
Foreign adopter + foreign adoptee (all adults).
- Court still has jurisdiction if both reside in the Philippines.
- Must show proof of recognizability of decree in home country (e.g., legal opinion, embassy certification).
Tax and property planning.
- Legitimate child status removes donor’s-tax burden on inter-vivos gifts below ₱250,000 yearly.
- Inheritance: compulsory-heir status affects legitime of other heirs; advisable to update wills.
11. Recent and Pending Reforms
| Year | Measure | Impact on adult adoption |
|---|---|---|
| 2022 | R.A. 11642 (Domestic Administrative Adoption and Alternative Child Care Act) | Created NACC and de-judicialized child adoption; adult adoption omitted, so existing Civil Code procedure stands. |
| 2024-2025 | Pending bills in both Houses to extend NACC jurisdiction to adult adoption | Would replace publication + court hearing with an administrative petition; timelines projected at 60 days. |
Keep watch for the Implementing Rules (IRR) that may expressly shift adult adoption to NACC; until then, Family Courts remain the exclusive forum.
12. Practical Tips for Petitioners and Counsel
- Draft the petition like a contract of adhesion: include a comprehensive narrative of the relationship history—Family Courts value authenticity when waiving the social-worker stage.
- Secure the consent of the adoptee’s spouse and children early to avoid delays.
- Publication fee planning: factor in ₱18,000-₱25,000 (Metro Manila rates) for three-week newspaper publication—often the costliest single item.
- Ask for waiver of trial-custody in the petition; judges normally grant it for adults.
- After decree, file the civil-registry annotation quickly; PSA processing of amended birth-certificates now averages 3-4 months.
13. Conclusion
Adult adoption in the Philippines is straightforward but still court-centric: prepare a verified petition, secure the indispensable consents, comply with publication, and show the court that the relationship already mirrors a parent-child bond. Until Congress includes adults in the new administrative regime, Articles 183-193 of the Civil Code remain the controlling law, and the Family Court is your gateway to a valid decree.