The legal landscape for adoption in the Philippines underwent a significant transformation with the enactment of Republic Act No. 11642, otherwise known as the Domestic Administrative Adoption and Alternative Child Care Act, which took effect in 2022. This law created the National Authority for Child Care (NACC), centralizing all adoption processes—including those involving relatives living abroad—to make them more administrative and less litigious.

When a Filipino child is to be adopted by a relative residing in a foreign country, the process is governed by the rules on Inter-Country Adoption (ICA).

1. Who Qualifies as a "Relative"?

Under Philippine law and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, "Relative Adoption" specifically refers to the adoption of a child within the fourth degree of consanguinity or affinity. This includes:

Grandparents
Aunts and Uncles
First Cousins
Siblings

2. General Requirements for Prospective Adoptive Parents (PAPs)

To initiate the process, the relative residing abroad must meet the following criteria:

Eligibility: Must be at least twenty-seven (27) years of age and at least sixteen (16) years older than the child (unless the adopter is the biological parent or the spouse of such parent).
Legal Capacity: Must have the capacity to act and assume all rights and responsibilities of parental authority under their national laws.
Moral Character: Must not have been convicted of a crime involving moral turpitude.
Financial Stability: Must be in a position to provide for the proper care and support of the child.
Home Country Compliance: If the relative is a foreign national, their country must have a diplomatic relationship with the Philippines and their government must certify that the child will be allowed to enter and reside permanently in that country as an immigrant.

3. Documentary Requirements

The NACC requires a comprehensive set of documents, typically facilitated through a Central Authority or an Accredited Foreign Adoption Agency (AFAA) in the PAPs' country of residence:

Home Study Report: A detailed evaluation of the PAPs' family, home, and social environment conducted by a social worker in their country.
Birth Certificates: Of both the PAPs and the child.
Marriage Contract: Or Divorce/Decree of Annulment (if applicable).
Medical Certificates: Physical and psychological evaluations of the PAPs.
Police Clearances: From all relevant jurisdictions.
Income Tax Returns: Or other proof of financial capability.
Child’s Case Study: A report on the child’s background and the circumstances of the adoption.
Deed of Voluntary Commitment (DVC): If the biological parents are alive, they must legally relinquish parental authority to the NACC.

4. The Step-by-Step Process

Phase I: Application and Matching

Application: The relative files an application with the Central Authority or AFAA in their country.
Endorsement: The application is forwarded to the NACC in the Philippines.
Relative Adoption Assessment: Since it is a relative adoption, the "matching" process is simplified. The NACC evaluates if the placement with the relative is in the Best Interest of the Child.
Issuance of Inter-Country Adoption Placement Authority (ICAPA): Once approved, the NACC issues the ICAPA.

Phase II: Travel and Placement

Travel to the Philippines: The PAPs must personally come to the Philippines to fetch the child.
Physical Transfer: The child is turned over to the PAPs.

Phase III: Post-Placement Supervision

Trial Custody: A mandatory six-month post-placement supervision period occurs in the PAPs' home country. A social worker from the AFAA will conduct periodic visits to ensure the child is adjusting well.
Consent to Adopt: After the successful trial period, the NACC issues the Affidavit of Consent to Adoption.

Phase IV: Finalization

Decree of Adoption: The PAPs file a petition for a Decree of Adoption in the appropriate court or administrative body in their home country.
Validation: A copy of the final Decree of Adoption is sent to the NACC, which then triggers the issuance of a new Birth Certificate for the child.

5. Estimated Timeline

The timeline for relative inter-country adoption is generally faster than "regular" (non-relative) inter-country adoption because there is no waiting list for matching. However, it still involves significant bureaucratic steps:

Document Preparation & Home Study: 3 to 6 months.
NACC Review and Approval: 6 to 12 months.
Visa Processing (for the child): 2 to 4 months (depending on the destination country).
Trial Custody Period: 6 months (fixed by law).
Final Decree: 3 to 6 months.

Total Estimated Duration: Approximately 18 to 30 months.

6. Critical Legal Notes

Strict Prohibition on Private Adoptions: Philippine law strictly prohibits "private" or "independent" adoptions. You cannot simply take a relative’s child abroad without going through the NACC. Doing so may be classified as Child Trafficking under Philippine law.
The "Best Interest" Standard: Even if the parties are relatives, the NACC may deny the application if it determines that the placement does not serve the child’s best interests (e.g., the child is too old to adapt, or there is evidence of instability in the relative’s home).