In the Philippine legal landscape, the bond between a stepparent and a stepchild often matures into a desire for formal legal recognition. Stepparent adoption is the legal process through which a stepparent becomes the permanent, legal parent of their spouse’s child. This transition not only solidifies emotional ties but also secures the child’s legal rights to succession, support, and identity.

The primary governing law for domestic adoption in the Philippines is Republic Act No. 11642, also known as the "Domestic Administrative Adoption and Alternative Child Care Act," which took effect in 2022. This landmark legislation shifted the adoption process from a purely judicial proceeding to an administrative one, significantly streamlining the timeline.

I. Legal Framework and Eligibility

Under R.A. 11642, a stepparent may adopt the legitimate or illegitimate child of their spouse. The law recognizes the unique nature of these "relative adoptions" and provides a simplified path compared to regular agency adoptions.

Qualifications of the Petitioner (Stepparent)

To qualify as an adopter, the stepparent must meet the following criteria:

Age: Must be of legal age and at least fifteen (15) years older than the stepchild. Note: This age gap may be waived if the adopter is the biological parent or the spouse of the biological parent.
Legal Capacity: Must possess full civil capacity and legal rights.
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 support and care for the child in keeping with the family's means.
Marital Status: The stepparent must be legally married to the child's biological parent.

II. Required Consents

Consent is the cornerstone of adoption law. For a stepparent adoption to proceed, written consent (in the form of an affidavit) is required from the following parties:

The biological parent (the spouse of the adopter).
The child to be adopted, if they are ten (10) years of age or older.
The biological parent of the child (the non-custodial parent), if known and if the child is legitimate.
The legitimate children of the adopter and the spouse, if any, who are ten (10) years of age or older.

Note on the "Absent" Parent: If the child is illegitimate, the consent of the biological father is generally not required unless he has legally recognized the child. If the child is legitimate but the other biological parent is deceased or their parental rights have been legally terminated, their consent is dispensed with.

III. The Administrative Process

The passage of R.A. 11642 created the National Authority for Child Care (NACC), an attached agency of the Department of Social Welfare and Development (DSWD). The NACC now has the primary jurisdiction to handle adoption cases, moving them out of the Regional Trial Courts (RTC).

1. Filing the Petition

The stepparent files a Petition for Administrative Adoption with the Regional Alternative Child Care Office (RACCO) where they reside.

2. Documentation

The petition must be accompanied by essential documents, including:

Birth certificates of the adopter, the spouse, and the child.
Marriage certificate of the adopter and the spouse.
NBI/Police clearances of the adopter.
Medical certificates for the adopter and the child.
Affidavits of Consent.
Home Study Report (conducted by a licensed social worker).

3. Home Study and Case Study

A social worker will conduct a Home Study Report on the adopter and a Child Case Study Report. In stepparent adoptions, this process is usually more focused on confirming the existing family dynamics and ensuring the adoption is in the best interest of the child.

4. The Order of Adoption

If the RACCO finds the petition sufficient, the recommendation is forwarded to the NACC Executive Director. Upon approval, an Order of Adoption is issued. This administrative order has the same force and effect as a judicial decree.

IV. Legal Effects of Adoption

Once the Order of Adoption is finalized and registered with the Civil Registrar, the following legal changes occur:

Parental Authority: All legal ties between the child and the non-custodial biological parent are severed. Full parental authority is vested in the adopter and the biological parent spouse.
Succession: The adopted child acquires the same reciprocal rights and obligations as a legitimate child of the adopter, including the right to inherit from the adopter and their lineage (and vice versa).
Name Change: The child’s surname is typically changed to that of the adopter. A new birth certificate will be issued, which looks identical to a birth certificate of a biological child, with no indication of adoption on its face.

V. Recent Changes: Judicial to Administrative

It is important to highlight that prior to 2022, stepparent adoption required a lengthy court battle that could take years. Under the current R.A. 11642, the process is intended to be completed within months. Furthermore, adoptions that were previously filed in court may be "converted" to administrative proceedings to take advantage of the faster timeline, provided they meet specific criteria.