Adoption in the Philippines is a high-stakes legal process governed by the principle of the "best interests of the child." With the enactment of Republic Act No. 11642, otherwise known as the Domestic Administrative Adoption and Alternative Child Care Act, the process has undergone a significant shift from a purely judicial proceeding to a primarily administrative one.

1. Governing Laws

The primary legal frameworks governing adoption in the country are:

R.A. 11642 (Domestic Administrative Adoption Act): Streamlines the process by making domestic adoption administrative rather than judicial.
R.A. 8043 (Inter-Country Adoption Act of 1995): Governs the adoption of Filipino children by foreigners or Filipinos residing abroad.
R.A. 9523: Requires a certification that a child is "legally available for adoption" before placement.

2. Who May Adopt?

To be eligible to adopt in the Philippines, an applicant must meet several criteria:

Personal Qualifications

Age: Must be at least 25 years old and at least 15 years older than the adoptee (the age gap may be waived if the adopter is the biological parent or the spouse of the biological parent).
Character: Must be of good moral character and have not been convicted of any crime involving moral turpitude.
Capacity: Must be in a position to support and care for the child in keeping with the family’s means.
Marital Status: Joint adoption by spouses is generally required, except in specific cases (e.g., one spouse seeks to adopt the legitimate child of the other).

Foreign Applicants

Foreigners may adopt domestically if they have been residing in the Philippines for at least three continuous years prior to the filing and maintain such residence until the adoption decree is entered. If they do not meet residency requirements, they must proceed via Inter-Country Adoption.

3. Who May Be Adopted?

The following individuals may be the subject of adoption:

Any person below 18 years of age who has been voluntarily or involuntarily committed to the Department of Social Welfare and Development (DSWD) or a child-placing agency.
A legitimate child of one spouse by the other spouse.
An illegitimate child by a qualified adopter to improve their status to legitimacy.
A person of legal age if, prior to the adoption, they have been consistently considered and treated by the adopters as their own child since minority.
A child whose adoption has been previously rescinded.

4. The Administrative Process (R.A. 11642)

Under the new law, the National Authority for Child Care (NACC) is the central body handling adoption cases.

Step-by-Step Procedure

Application and Home Study: Prospective adoptive parents (PAPs) file an application with the Regional Alternative Child Care Office (RACCO). A licensed social worker conducts a Home Study Report to evaluate the family's fitness.
Matching: The Child Welfare Specialist Group (CWSG) matches a child with the PAPs.
Pre-Adoption Placement Authority (PAPA): Once a match is approved, the NACC issues a PAPA, allowing the child to live with the prospective parents.
Supervised Trial Custody (STC): A period of at least six months where a social worker monitors the adjustment of the child and the parents.
Petition for Administrative Adoption: After a successful STC, the PAPs file a formal petition for adoption with the NACC.
Order of Adoption: If the NACC finds the adoption serves the best interest of the child, it issues an Order of Adoption, which has the same force and effect as a judicial decree.

5. Required Consents

For an adoption to be valid, the written consent of the following is mandatory:

The adoptee, if 10 years of age or older.
The biological parents (unless the child is legally available for adoption or parental authority has been terminated).
The legitimate/adopted children of the adopter (10 years or older).
The illegitimate children of the adopter (10 years or older, living with them).
The spouse of the adopter or the person to be adopted.

6. Legal Effects of Adoption

Once the Order of Adoption is issued and the new birth certificate is released by the Philippine Statistics Authority (PSA):

Severance of Ties: All legal ties between the biological parents and the adoptee are severed (except when a spouse adopts the child of the other).
Parental Authority: Full parental authority is vested in the adopters.
Legitimacy: The adoptee is considered the legitimate child of the adopter for all intents and purposes.
Succession: The adopter and the adoptee acquire reciprocal rights of succession, meaning they can inherit from one another as legal heirs.

7. Simple Adoption vs. Inter-Country Adoption

Feature	Domestic Administrative Adoption	Inter-Country Adoption
Residency	Adopters must be residents of PH.	Adopters reside abroad.
Authority	NACC / RACCO	NACC / Foreign Adoption Agencies
Governing Law	R.A. 11642	R.A. 8043
Finality	Administrative Order	Foreign Court Decree (usually)