Introduction

Private adoption in the Philippines refers to the legal process by which individuals or couples adopt a child through direct arrangements with the birth parents or guardians, as opposed to adoptions facilitated solely through government or licensed child-placing agencies. However, all adoptions in the country, including private ones, are strictly regulated and must culminate in a judicial process to ensure the child's best interests are protected. This framework prevents illegal practices such as baby-selling or simulation of birth records, which are criminalized under Philippine law. The process emphasizes the welfare of the child, requiring thorough assessments, counseling, and court oversight to validate the adoption.

The Philippine adoption system prioritizes domestic placements to keep children within the country and culture whenever possible. Private adoptions often involve relatives or known acquaintances but can extend to non-relatives, provided all legal requirements are met. Failures to comply with procedures can result in nullification of the adoption, criminal charges, or denial of future adoption petitions.

Legal Framework

The primary legislation governing private adoption is Republic Act No. 8552, known as the Domestic Adoption Act of 1998. This law outlines the qualifications for adopters and adoptees, procedural steps, and safeguards against exploitation. Complementary laws include:

Republic Act No. 8043 (Inter-Country Adoption Act of 1995): While primarily for foreign adoptions, it intersects with domestic processes by requiring that children be offered for domestic adoption first.
Republic Act No. 10165 (Foster Care Act of 2012): Provides interim care options that may lead to adoption.
Republic Act No. 11222 (Simulated Birth Rectification Act of 2019): Allows rectification of simulated birth records but imposes penalties for illegal simulations post-enactment.
Family Code of the Philippines (Executive Order No. 209): Articles 183–193 detail general adoption principles, emphasizing joint adoption by spouses.
Administrative Orders from the Department of Social Welfare and Development (DSWD): Such as DSWD Administrative Order No. 11, Series of 2018, which provides guidelines for adoption processes.
Supreme Court Rules: The Rule on Adoption (A.M. No. 02-6-02-SC, as amended) governs court procedures.

Additionally, international conventions like the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (ratified by the Philippines in 1996) influence domestic practices by promoting ethical standards, though private adoptions remain domestic in scope.

Violations, such as unauthorized placements or payments beyond reasonable expenses, are punishable under RA 8552 with imprisonment and fines. The DSWD, through its regional offices and the National Authority for Child Care (NACC, established under RA 11642 in 2022), oversees compliance.

Eligibility Criteria

Who Can Be Adopted (Adoptee)

Must be a child below 18 years old.
Legally available for adoption, meaning:
- Voluntarily committed by birth parents/guardians via a Deed of Voluntary Commitment (DVC).
- Involuntarily committed if abandoned, neglected, or dependent, as declared by DSWD or court.
- Not emancipated or married.
Illegitimate children, foundlings, or those with deceased/incapacitated parents are eligible.
Adult adoption is possible under the Family Code for legitimation purposes but follows different procedures and is not typically classified as "private adoption."

Who Can Adopt (Adopters)

Filipino Citizens: At least 27 years old (or 16 years older than the adoptee), of good moral character, emotionally and psychologically capable, and without criminal convictions involving moral turpitude.
Aliens: Must reside in the Philippines for at least three years prior to filing, with certification from their diplomatic corps that they can adopt and that the adoption will be recognized in their home country. Age and capacity requirements mirror those for Filipinos.
Marital Status: Married couples must adopt jointly, except in cases where one spouse seeks to adopt the legitimate child of the other or if legally separated. Solo adopters (single, widowed, or divorced) are allowed but face stricter scrutiny.
Other Requirements: Financial stability to support the child, no history of child abuse, and completion of pre-adoption seminars. Adopters with biological children must demonstrate capacity to treat the adoptee equally.

In private adoptions, the relationship between adopters and birth parents does not exempt parties from these criteria; all must be verified.

Pre-Adoption Requirements

Before filing a petition, several preparatory steps are mandatory:

Counseling and Education: Prospective adopters must attend adoption forums or seminars conducted by DSWD-accredited agencies. These cover parenting, child rights, and adoption realities.
Home Study Report (HSR): A licensed social worker from DSWD or an accredited agency conducts a comprehensive assessment of the adopters' home environment, family dynamics, motivations, and suitability. This includes interviews, home visits, and reference checks. The HSR is valid for three years.
Child Study Report (CSR): For the adoptee, a similar report details the child's background, health, and legal status. In private adoptions, birth parents provide consent via affidavit, and medical/psychological evaluations are required.
Matching Process: While more formalized in agency adoptions, private cases may involve informal matching, but DSWD must certify the child's availability and the match's appropriateness.
Supervised Trial Custody: Adopters must undergo a six-month period of living with the child under DSWD supervision. Reports on adjustment are submitted to the court. This is non-waivable except for relative adoptions within the fourth degree of consanguinity.

Failure in any pre-adoption step can halt the process.

Judicial Procedures

All private adoptions require court approval via a Petition for Adoption filed in the Family Court of the adopter's residence or where the child resides.

Filing the Petition

Documents Required:
- Authenticated birth certificates of adopters and adoptee.
- Marriage certificate (if applicable).
- HSR and CSR.
- Affidavits of consent from birth parents, legal guardians, or DSWD.
- Medical certificates confirming physical and mental health.
- Income tax returns or proof of financial capacity (last three years).
- Police clearances (NBI, local, and if alien, from home country).
- Character references from at least three non-relatives.
- Photographs of adopters, adoptee, and home.
- Deed of Voluntary Commitment or court order declaring the child legally available.
The petition must state the desired name change for the adoptee and reasons for adoption.

Court Process

Publication and Posting: The petition is published in a newspaper of general circulation once a week for three consecutive weeks. Notices are posted in conspicuous places.
Social Worker Intervention: The court assigns a DSWD social worker to verify reports and conduct further assessments.
Hearing: After publication, a hearing is scheduled where parties testify. The court evaluates the child's best interests, considering reports and evidence. Birth parents may appear to confirm consent.
Decision: If approved, the court issues a Decree of Adoption, which is final and executory. This amends the child's birth certificate to reflect the adoptive parents as biological ones, seals original records, and grants inheritance rights.
Post-Adoption Support: DSWD provides monitoring for at least six months post-decree.

Timelines

Pre-adoption: 3–6 months for seminars, studies, and trial custody.
Court process: 6–12 months, depending on docket congestion.
Total: 1–2 years, though delays can extend this.

Costs and Financial Considerations

Private adoptions involve fees but prohibit payments for the child itself. Estimated costs:

Legal fees: PHP 50,000–150,000 (attorney, filing, publication).
DSWD services: PHP 5,000–20,000 for reports and counseling.
Medical/psychological evaluations: PHP 10,000–30,000.
Miscellaneous (travel, documents): PHP 10,000–50,000. Indigent adopters may seek waivers or assistance from DSWD. Unauthorized payments can lead to charges under RA 8552.

Special Cases and Considerations

Relative Adoptions: Simplified if within fourth degree; trial custody may be waived, but full documentation is required.
Step-Parent Adoptions: Consent from the other biological parent is needed unless rights are terminated.
Adoption of Illegitimate Children: The biological mother alone can consent if paternity is not acknowledged.
Rescission: Possible within five years if the adoptee fails to fulfill duties or if fraud is discovered, but rare and court-initiated.
Confidentiality: Adoption records are sealed; disclosure requires court order.
Common Challenges: Delays due to incomplete documents, contested consents, or overburdened courts. Cultural stigmas around adoption can complicate family integration.
Updates as of 2026: With the full implementation of RA 11642 establishing the NACC, streamlined digital processes for document submission have reduced timelines by 20–30% in some regions. However, backlogs persist in rural areas.

Rights and Effects of Adoption

Upon decree:

The adoptee gains all rights of a legitimate child, including succession.
Parental authority transfers fully.
The adoptee's nationality follows the adopters if applicable.
Original ties are severed, except for prohibitions on marriage within original family degrees.

Prohibited Acts and Penalties

Simulation of birth: Up to 12 years imprisonment and fines under RA 11222.
Child trafficking: Life imprisonment under RA 9208 (Anti-Trafficking in Persons Act).
Unauthorized adoption placements: Fines up to PHP 200,000 and imprisonment under RA 8552.

Conclusion

Private adoption in the Philippines is a rigorous, child-centered process designed to create permanent families while upholding legal and ethical standards. Prospective adopters should consult DSWD regional offices or accredited agencies early to navigate requirements effectively. Successful adoptions not only fulfill familial aspirations but also contribute to societal welfare by providing loving homes for children in need. For complex cases, engaging a family law specialist is advisable to ensure compliance and expedite proceedings.