The death of a parent often leaves a child in the care of relatives. In the Philippines, many uncles, aunts, grandparents, or siblings choose to formalize that care through legal adoption. Since the enactment of Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act of 2022), which took effect in 2023, the adoption of a deceased relative’s child is now usually processed administratively rather than judicially when the adopter is a relative within the fourth civil degree of consanguinity or affinity. This has dramatically simplified and shortened the process from years to months in most cases.

Governing Laws

Republic Act No. 8552 (Domestic Adoption Act of 1998), as amended
Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act of 2022)
Implementing Rules and Regulations of RA 11642 issued by the National Authority for Child Care (NACC)
Rule on Adoption (A.M. No. 02-6-02-SC) – applies only to judicial adoption cases
Family Code of the Philippines (Articles 183–193)

When Administrative Adoption Applies

Administrative adoption through the NACC is available when ALL of the following are present:

The adopter is a relative of the child by consanguinity or affinity within the fourth (4th) civil degree.
- 1st degree: parent–child
- 2nd degree: siblings, grandparent–grandchild
- 3rd degree: uncle/aunt–niece/nephew
- 4th degree: first cousins
Therefore, grandparents, uncles, aunts, siblings, and first cousins of the child may use the administrative process. Cousins once removed or more distant relatives cannot.
The case does not require involuntary termination of parental rights (i.e., the biological parent(s) are either deceased or have given written consent).
The child is not in the custody of a licensed child-placing or child-caring agency (unless the agency agrees to transfer the case to administrative process).

If the surviving parent refuses consent or their parental rights must be terminated involuntarily (abandonment, unfitness, etc.), the case remains judicial and must be filed in the Regional Trial Court (Family Court).

Cases Involving Deceased Parents

If both biological parents are dead → administrative adoption is allowed after the mandatory 6-month waiting period from the death of the surviving parent (Sec. 8[f], RA 8552 as amended).
If one parent is dead and the surviving parent consents → administrative adoption is allowed (no 6-month waiting period required).
If one parent is dead and the surviving parent cannot be located or refuses consent → judicial adoption only.

Qualifications of the Adopter (Administrative Process)

The adopter must:

Be a Filipino citizen (foreigners may only adopt relatives under the inter-country adoption law if they meet residency and other requirements)
Be at least 25 years old
Be at least 16 years older than the adoptee (this requirement is waived only if the adopter is the biological parent or the spouse of the child’s biological parent; it is NOT waived for uncles/aunts/grandparents)
Possess full civil capacity and legal rights
Have good moral character and no conviction for a crime involving moral turpitude
Be emotionally and psychologically capable (certified by a psychologist or psychiatrist)
Be financially capable of supporting the child
If married, the spouses must adopt jointly unless:
- One spouse is the child’s biological parent
- The other spouse is judicially declared incapacitated or missing for at least 2 years
- The spouses are legally separated

Single persons may adopt.

Who May Be Adopted

The child must be below 18 years old at the time of filing of the application/petition
Must be legally available for adoption (parents deceased, or consent given, or parental rights terminated)

Required Documents for Administrative Adoption (NACC)

Accomplished NACC application form
Child’s birth certificate (PSA-authenticated)
Death certificate(s) of deceased parent(s) (PSA-authenticated)
Affidavit of Consent (if surviving parent consents) or Affidavit of No Living Parent
Affidavit of Relativeship executed by at least two disinterested persons
Marriage contract of adopters (if applicable) or Certificate of No Marriage (CENOMAR)
NBI or police clearance of adopter(s)
Medical certificate of adopter(s) issued by a licensed physician
Psychological evaluation report (if required by the social worker)
Home study report prepared by an accredited social worker
Child study report with recent photo of the child
Proof of financial capacity (ITR, employment certificate, bank statements)
3×3 ID pictures of adopter(s) and child
Valid ID of adopter(s)

Additional documents may be required depending on the case (e.g., affidavit of guardianship if the child is already living with the relative).

Step-by-Step Administrative Adoption Procedure (2023–present)

Prospective adopter submits application and complete documents to the NACC Regional Office or authorized Social Welfare and Development Office.
NACC assigns an accredited social worker to conduct:
- Child study report
- Home study report
- Counseling sessions with the child and adopter(s)
Social worker submits reports to NACC with recommendation.
If favorable, NACC issues an Affidavit of Consent to Adoption (for the child if 10 years old or over) and prepares the Deed of Voluntary Commitment (if applicable).
After the mandatory 6-month waiting period (only if both parents are deceased), NACC conducts a final review.
NACC issues the Certificate of Finality and Adoption Decree.
NACC forwards the decree to the Philippine Statistics Authority (PSA) for issuance of a new birth certificate bearing the adopter’s surname.
Entire process typically takes 6–12 months (sometimes faster for straightforward relative cases).

Supervised Trial Custody

In administrative relative adoption, the supervised trial custody of at least 6 months is generally dispensed with or significantly shortened because the child is usually already living with the relative.

Costs

Social worker fees: ₱15,000–₱35,000 (depending on region and social worker)
Psychological evaluation: ₱5,000–₱10,000
Authentication/notarization: ₱5,000–₱10,000
NACC processing fee: minimal or waived in many cases Total average cost: ₱40,000–₱80,000 (much lower than the previous judicial process, which often exceeded ₱200,000).

Judicial Adoption (When Required)

If the case does not qualify for administrative adoption (e.g., surviving parent refuses consent, or adopter is beyond 4th degree), the procedure remains judicial:

File petition in the Regional Trial Court (Family Court) of the place where the adopter or child resides
Publication of the petition (3 consecutive weeks)
DSWD/ NACC child study and home study reports
6-month trial custody (may be shortened for relatives)
Hearing and issuance of Decree of Adoption
Process typically takes 1.5–4 years

Effects of Adoption

The adopted child becomes the legitimate child of the adopter for all intents and purposes
Complete severance of legal ties with biological parents (except for purposes of marriage impediments)
The child inherits from the adopter and the adopter’s relatives as a legitimate child
The child shall use the surname of the adopter
The new PSA birth certificate will show the adopter(s) as the parent(s); the original birth record is sealed

Special Cases and Notes

If the child owns property, court approval or a bond may be required (judicial cases)
Overseas Filipino adopters may file through the NACC or Philippine consulate
Foreign relatives may adopt only under RA 8043 (Inter-Country Adoption Act) and must meet the requirements of their country and Philippine law
Adoption is irrevocable; rescission is allowed only on very limited grounds (and only by the adoptee upon reaching majority)
Kinship care or legal guardianship is an alternative if full adoption is not desired; it does not sever biological ties and does not confer inheritance rights as a legitimate child

Adopting a deceased relative’s child in the Philippines has become significantly faster and less expensive since the passage of RA 11642, particularly for close relatives. The administrative process through the NACC reflects the State’s recognition that when a child has lost a parent, the family—rather than the courts—should be trusted to provide permanence and love, provided basic safeguards are met.