Requirements for Adoption and Surname Change in the Philippines

I. Adoption in the Philippines: Legal Framework and Types

Adoption in the Philippines is governed by a combination of statutes that have evolved significantly in recent years. The primary laws are:

• The Family Code of the Philippines (Executive Order No. 209, as amended), Articles 183–193
• 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) – the current governing law for domestic adoption
• Republic Act No. 8043 (Inter-Country Adoption Act of 1995), as amended by RA 11222
• Republic Act No. 11222 (Simulated Birth Rectification Act of 2019)
• Rule on Adoption (A.M. No. 02-6-02-SC, as amended by A.M. No. 22-07-14-SC for administrative adoption)

There are now three main types of adoption proceedings:

1. Domestic Administrative Adoption (RA 11642) – the default and now primary mode for most domestic adoptions
2. Relative Adoption (may still be judicial or administrative depending on circumstances)
3. Inter-Country Adoption (still judicial, handled by the Inter-Country Adoption Board)

II. Domestic Administrative Adoption under RA 11642 (Effective June 2022)

This is the most important development in Philippine adoption law in the last 25 years. Adoption of minors who are Filipino citizens by Filipino citizens or aliens residing in the Philippines is now primarily an administrative process handled by the National Authority for Child Care (NACC), replacing the previous judicial process under RA 8552.

Who Can Adopt (Adopter Qualifications)

Any person may adopt provided he/she:

1. Is of legal age (at least 18 years old)
2. Possesses full civil capacity and legal rights
3. Is of good moral character and has not been convicted of any crime involving moral turpitude
4. Is emotionally and psychologically capable of caring for children
5. Is at least sixteen (16) years older than the adoptee (waivable when the adopter is the biological parent or the spouse of the adoptee’s parent, or in other justifiable cases)
6. Is in a position to support and care for the child in keeping with the means of the family
7. If alien, must have resided continuously in the Philippines for at least three (3) years prior to the filing of the application and maintains such residence until the adoption decree is entered, and must meet additional requirements under RA 8043 (certification of legal capacity from diplomatic/consular office, etc.)

Spouses must adopt jointly, except in these cases:

• One spouse adopts the legitimate child of the other
• One spouse adopts his/her own illegitimate child with consent of the other spouse
• Spouses are legally separated
• One spouse is incapacitated (with guardian consent)

Who Can Be Adopted

1. Any person below eighteen (18) years of age who has been voluntarily or involuntarily committed to the NACC or a duly licensed child-placing agency, or declared legally available for adoption
2. The legitimate child of one spouse by the other spouse
3. An illegitimate child by a qualified adopter to improve the child’s status to legitimacy
4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter as his/her own child since minority
5. A child whose adoption has been previously rescinded
6. A child whose biological or adoptive parent(s) have died, provided no proceedings for adoption were initiated within six (6) months from death

Documentary Requirements for the Adopter (Typical List)

• Authenticated birth certificate
• Marriage contract (if married) or decree of absolute divorce/annulment (if applicable)
• Written consent of biological/adoptive children above ten (10) years old
• Written consent of spouse (if married and not exempt)
• Physical and medical evaluation by a licensed physician
• Psychological evaluation by a licensed psychologist
• NBI/police/barangay clearance
• Latest income tax return or certificate of employment/compensation
• 3×5 sized photo of applicant and immediate family (taken within last 3 months)
• Character references (at least 3)
• For aliens: certification of legal capacity to adopt, proof of residency, etc.
• Certificate of attendance in pre-adoption seminars

Process under RA 11642 (Administrative Adoption)

1. Application with NACC or its regional alternative child-care office
2. Child study report and home study report by licensed social worker
3. Matching and supervised trial custody (minimum 6 months)
4. Issuance of Certificate of Finality and Approval of Adoption by NACC
5. Issuance of amended birth certificate by PSA reflecting the adoption

The entire process is now targeted to be completed within 8–12 months in uncomplicated cases.

III. Effects of Adoption (Including Automatic Surname Change)

Upon issuance of the Certificate of Finality:

1. The adoptee is considered the legitimate child of the adopter(s) for all intents and purposes
2. Parental authority of biological parents is severed
3. Successional rights are transferred to the adopter(s) and the adoptee inherits as a legitimate child
4. The adoptee shall bear the surname of the adopter(s) (mandatory unless the court/NACC, upon strong reasons, allows retention of original surname)
5. The PSA issues a new Certificate of Live Birth showing the adopter(s) as parents and the new surname

The amended birth certificate completely replaces the original. The original is sealed and may only be opened by court order.

IV. Relative Adoption and Adoption of Adults

Relative adoption (by grandparents, aunts/uncles, etc.) follows the same administrative process but is usually faster due to existing relationships.

Adult adoption is allowed only when the adoptee was consistently treated as a child of the adopter since minority (de facto adoption situation).

V. Inter-Country Adoption (RA 8043 as amended)

This remains a judicial process and is considered a last resort. The Philippines is a signatory to the Hague Convention.

Requirements are stricter:

• Adopter must be at least 27 years old
• At least 16 years older than adoptee
• Country must have diplomatic relations with the Philippines
• Certification that child cannot be adopted locally

The Inter-Country Adoption Board (ICAB) is the central authority.

VI. Simulated Birth Rectification Act (RA 11222)

Persons who simulated the birth of a child before March 15, 2019 may now rectify the birth record administratively or judicially without criminal liability, provided the petition is filed within the prescribed period (extended several times; current deadline is March 2026 under latest extensions).

Upon rectification, the child is considered legitimately adopted, and the surname is changed accordingly.

VII. Change of Surname Outside Adoption Context

A. Automatic Change of Surname

1. Women upon marriage (may use husband’s surname, hyphenated, or retain maiden name) – Art. 370, Civil Code
2. Illegitimate child upon recognition/legitimation – uses father’s surname (RA 9255)
3. Upon annulment or declaration of nullity of marriage – woman may resume use of maiden name (RA 8239)

B. Administrative Correction of Entries (No Court Needed) – RA 9048 as amended by RA 10172

Handled by Local Civil Registrar or Philippine Consulate abroad for:

• Clerical or typographical errors in first name or nickname
• Clerical errors in sex, day and month of birth
• Change of first name or nickname for just cause (e.g., ridiculous, dishonorable, difficult to write/pronounce, or to avoid confusion)

Surname cannot be changed administratively under RA 9048/10172 except for clerical errors.

C. Judicial Change of Surname or Full Name (Rule 103, Rules of Court)

Required when the change is substantial or when surname is sought to be changed for reasons other than clerical error.

Grounds (must be compelling and proper and reasonable):

1. The name is ridiculous, dishonorable, or extremely difficult to write or pronounce
2. Consequence of change of status (e.g., natural child recognized by father)
3. To avoid confusion
4. Having continuously used and been known by a different name
5. A sincere desire to adopt a Filipino name to erase signs of former alienage (for naturalized citizens)
6. Other analogous justifiable grounds

Procedure:

• Petition filed in Regional Trial Court of province/city of residence or where birth is registered
• Publication of order once a week for three consecutive weeks
• Hearing
• Appealable to Court of Appeals

Change of surname alone may also be sought under Rule 103 (not only full name).

VIII. Change of Surname for Adopted Children Who Wish to Revert

Once adoption is final, the surname change is permanent. The adoptee cannot unilaterally revert to the original surname even upon reaching majority. Reversion requires rescission of adoption (very difficult) or a separate Rule 103 petition with compelling grounds.

IX. Key Prohibitions and Penalties

• No direct placement of children for adoption (except by relatives within 4th degree)
• Simulation of birth after March 2019 remains punishable
• Unauthorized disclosure of original birth records is penalized

Adoption in the Philippines is now faster, cheaper, and more child-centered under the administrative system. The law explicitly mandates that the adoptee’s surname shall be that of the adopter(s), making surname change an automatic and integral effect of adoption.

This constitutes the complete current legal regime on adoption and surname change as of December 2025.