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." Effective as of early 2022, this law shifted the adoption process from a judicial proceeding to a purely administrative process, intending to make adoption less adversarial, more efficient, and less expensive.

The following guide outlines the current legal requirements and procedural steps for legal adoption within the Philippine jurisdiction.

I. Who May Adopt? (Qualifications of Adopters)

Under the new law, any Filipino citizen or foreign national may adopt if they meet the following criteria:

Legal Age: Must be at least twenty-five (25) years of age.
Age Gap: Must be at least fifteen (15) years older than the adoptee (this may be waived if the adopter is the biological parent or the spouse of the adoptee's parent).
Legal Capacity: Must have full civil capacity and legal rights.
Moral Character: Must be of good moral character and have not been convicted of any crime involving moral turpitude.
Emotional and Financial Readiness: Must be emotionally able and financially capable of caring for and supporting the child in keeping with the family's means.
For Foreign Nationals:
Must have been residing in the Philippines for at least three (3) continuous years prior to the filing of the petition.
Their country must have diplomatic relations with the Philippines.
Their laws must allow the adoptee to enter their country as an adopted child.

II. Who May Be Adopted?

A child may be legally adopted if they fall under any of the following:

A child who has been voluntarily committed to the Department of Social Welfare and Development (DSWD) through a Deed of Voluntary Commitment (DVC).
A child who is involuntarily committed through a judicial or administrative order (abandoned, neglected, or dependent children).
A child whose adoption was previously rescinded.
The legitimate or illegitimate child of one spouse by the other spouse (Stepparent Adoption).
An adult if, prior to the adoption, they have been consistently considered and treated by the adopters as their own child since minority.

III. The New Administrative Process

The National Authority for Child Care (NACC) is the central body tasked with handling all adoption cases. The process no longer requires a court ruling for domestic adoptions.

Step 1: Attendance in Pre-Adoption Forum

Prospective Adoptive Parents (PAPs) must attend a forum to understand the legal, psychological, and social implications of adoption.

Step 2: Home Study Report

A licensed social worker will conduct a series of interviews and home visits to assess the PAPs' lifestyle, home environment, and readiness. This results in a Home Study Report (HSR).

Step 3: Filing the Petition for Adoption

The petition is filed with the Regional Alternative Child Care Office (RACCO) where the PAPs reside.

Mandatory Documents:

Birth Certificates (PAPs and Adoptee)
Marriage Contract (if applicable) or Divorce/Annulment Decree
NBI/Police Clearance
Medical Certificates
Income Tax Returns or Proof of Income
Affidavit of Consent (if the child is 10 years or older)

Step 4: Matching

Except for cases of stepparent or relative adoption, the NACC/RACCO will match a child (from the registry of children available for adoption) with the PAPs.

Step 5: Supervised Trial Custody (STC)

The child is placed in the care of the PAPs for a period of at least six (6) months. During this time, a social worker monitors the adjustment process and submits progress reports. This period may be shortened or waived for relative or stepparent adoptions.

Step 6: Issuance of the Order of Adoption

If the STC is successful and the RACCO finds that the adoption serves the best interest of the child, the NACC will issue an Order of Adoption. This order has the same force and effect as a judicial decree.

IV. Legal Effects of Adoption

Once the Order of Adoption is issued and the new Birth Certificate is registered:

Severance of Ties: All legal ties between the biological parents and the adoptee are severed (except when a biological parent is the spouse of the adopter).
Parental Authority: All legal custody and parental authority are transferred to the adopters.
Legitimacy: The adoptee is considered a legitimate child of the adopter for all intents and purposes.
Succession: The adopter and the adoptee acquire reciprocal rights of succession (inheritance) as if the child were a biological legitimate offspring.

V. Relative vs. Stepparent Adoption

Stepparent Adoption: Focuses on legalizing the bond between a child and the new spouse of their biological parent. This usually skips the matching process and may have a shortened STC.
Relative Adoption: Adoption within the fourth degree of consanguinity or affinity. While still administrative, it follows a streamlined track under the NACC guidelines.

VI. Important Prohibitions

No Direct Placement: It is generally illegal for biological parents to "give" a child directly to a stranger for adoption without involving the NACC or a licensed agency (except in specific relative cases).
Simulation of Birth: Falsifying a birth certificate to make it appear that a child was born to the PAPs is a criminal offense. However, RA 11642 provides an amnesty for those who simulated births, provided they undergo the administrative adoption process under the new law.