STEP-CHILD ADOPTION REQUIREMENTS IN THE PHILIPPINES (Updated June 2025)
1. Governing Laws and Their Evolution
| Period | Primary Statute | Key Institutional Actor | Where the Petition Is Filed |
|---|---|---|---|
| 1998 – 2021 | Republic Act 8552 – “Domestic Adoption Act of 1998” | Department of Social Welfare and Development (DSWD) | Regional Trial Court (Family Court) |
| 22 January 2022 → present | Republic Act 11642 – “Domestic Administrative Adoption and Alternative Child-Care Act” (fully implemented 2023) | National Authority for Child Care (NACC) | NACC Regional Alternative Child-Care Office (RACCO) |
All pending judicial cases that reached the evidentiary stage before 22 Jan 2022 continue in court; everything else—new or re-filed—goes to the NACC administratively.
2. What Counts as “Step-Child” Adoption
A step-parent adoption (sometimes called “relative adoption”) happens when A legally adopts the biological or legally adopted child of A’s current spouse. The child is related to the adopter by affinity within the fourth civil degree, so Philippine law treats the procedure more leniently than a stranger adoption.
3. Who May Adopt a Step-Child
| Requirement | Statutory Basis | Notes & Typical Proof |
|---|---|---|
| Filipino citizenship (RA 11642 §5) |
R.A. 11642 | If the adopter is a foreigner married to the Filipino parent of the child, see Section 5(e): at least 5 years of continuous lawful residence, waived when adopting the spouse’s own child. |
| At least 25 years old | §5(a) | May be as young as 18 if the biological parent him-/herself is the adopter. |
| At least 16 years older than the child | §5(b) | Waived for step-parent adoptions. |
| Full civil capacity & legal rights | §5(c) | Certificate of No Derogatory Record (NBI/Police clearance). |
| Good moral character | §5(d) | Sworn statement + barangay clearance + character references. |
| Physically & psychologically fit | §5(g) | Medical certificate + psychological evaluation (short-form for relatives). |
| Financial capability | §5(h) | Payslips, ITR, bank statements; “capacity to support at standard of living appropriate to the family.” |
| Not convicted of a crime involving moral turpitude | §5(f) | NBI record. |
Under R.A. 8552 the list was the same; R.A. 11642 merely transferred the venue and refined the age, residency, and waiver clauses.
4. Who May Be Adopted
| Requirement | Basis | Special to Step-Child Adoption |
|---|---|---|
| Child is below 18 and legally available for adoption OR a legitimate son/daughter of the adopter’s spouse regardless of age (as long as “best interests” test is met) | §6(a) R.A. 11642 | Step-children already under parental authority of the Filipino spouse need no “declaration of availability”; they are ipso facto available. |
| Not previously adopted (unless rescinded) | §6(b) | For second/multiple adoptions, consult NACC. |
| Living with the biological parent and step-parent for at least 3 years at filing date | Implementing Rules (IRR 2023) | This “cohabitation” period can be cut for compelling reasons (e.g., OFW deployment). |
5. Consent That Must Be Obtained
| Consenting Party | Age / Status | Form |
|---|---|---|
| Adoptee | 10 years or older (or younger but able to comprehend) | Written, in child’s vernacular, witnessed by social worker |
| Spouse of the Adopter (i.e., the child’s biological parent) | Any age | Written & notarized |
| Other Biological Parent (if still alive & has parental authority) | Any age | Can be waived if parent is unknown, dead, or rights already terminated (e.g., declaration of abandonment) |
| NACC | N/A | Issues the Order of Adoption after verifying consents |
6. Documentary Checklist (Administrative Mode, 2025)
- Verified Petition (NACC Form 1-R)
- PSA-certified birth certificate of the child and marriage certificate of the spouses
- Home Study Report (HSR) – shortened template for relative adoption
- Child Case Study Report (CCSR) – focuses on adjustment of child to step-parent relationship
- Medical & Psychological Evaluations of adopter(s) and child
- Barangay & NBI clearances of adopter
- Proof of Financial Capacity (ITR, bank certificate, employment contract, etc.)
- Consent documents (see Section 5)
- Photos of the family home and joint activities (last 6 months)
- Processing fee (₱10 000 administrative filing; attorney’s fees vary)
7. Step-By-Step Procedure under R.A. 11642
| Stage | Time Frame* | Responsible Entity | Highlights |
|---|---|---|---|
| 1. Pre-adoption counselling & document gathering | 1–2 months | Licensed social worker | Ensures informed decision, screens for trafficking red flags. |
| 2. Filing with RACCO | Day 0 | Adopter | Pay filing fee; docket number issued. |
| 3. Evaluation & Home/Child Study | 30 days (extendible 30) | RACCO social worker | May conduct one joint interview for relative cases. |
| 4. Regional Director Review | 15 days | RACCO Director | Recommends approval or denial to the NACC Executive Director (ED). |
| 5. Issuance of Order of Adoption (OA) | 15 days | NACC ED | Has the force of a court judgment; immediately final. |
| 6. Civil Registry Work | 30 days | Local Civil Registrar then PSA | Old birth certificate cancelled; new one issued carrying adopter’s surname + annotation that OA exists. |
| 7. Post-Adoption Placement/Monitoring | 6 months | RACCO | At least two supervisory visits; report archived. |
*Practical timelines are 4–8 months in Metro Manila; 8–12 months in the regions, largely because of document procurement and interview scheduling.
8. Legal Effects of a Step-Child Adoption
- Parental Authority – Now joint and solidary in both spouses (biological parent + step-parent).
- Legitimacy – Child becomes a legitimate child of both spouses (Art. 177 Family Code as amended), enjoying automatic legitimation even if born out of wedlock.
- Surname – Child may take the adopter’s surname or hyphenate; indicated in the OA and reflected in the new birth certificate.
- Successional Rights – Full intestate and testate rights toward adopter and adopter’s family; reciprocal.
- Citizenship – If step-parent is foreign but married to Filipino parent, the adoptee retains Filipino citizenship but gains derivative alien benefits where applicable (e.g., petition for U.S. green card after 2-year custody in IR-2 category).
- Privacy – Dockets are confidential; release only via NACC order or court subpoena.
9. Rescission (Art. VIII, R.A. 11642)
Only the adoptee (with assistance if still a minor) may petition the NACC or court to annul the adoption on any of the following grounds committed after the OA:
- Repeated physical/sexual abuse or moral abandonment
- Attempt on the life of the child
- Severe maltreatment that the adopter refuses to correct
- Conviction of a crime that shows moral depravity
Effects: parental authority reverts to the biological parent (the spouse); legitimacy and surnames revert, but property relations already vested remain.
10. Special Scenarios
| Scenario | Key Rule |
|---|---|
| Foreign Spouse Adopting Filipino Step-Child | 5-year Philippine residence waived (R.A. 11642 §5(e)), but must secure Certificate of Legal Capacity to Adopt from home embassy. |
| Simulated Birth Certificate (SBC) Cases | R.A. 11222 (2019) allows amnesty – must file a Petition for Administrative Adoption with Rectification of Simulation on or before 28 Mar 2029. Step-parent relationship plus uninterrupted care since birth strongly favors approval. |
| Child over 18 | Still allowed if the child is the spouse’s child and there is a compelling emotional or immigration-related reason, but the 16-year age gap rule revives (unless waived by NACC for “best interest”). |
| Muslim Mindanao (Code of Muslim Personal Laws) | Adoption (kafala) handled by Shari’a court; RA 11642 applies if both parties opt in and execute a notarized election of RA 11642 jurisdiction. |
11. Typical Costs (2025 Metro Manila Benchmarks)
| Item | Low Estimate | High Estimate |
|---|---|---|
| Docket/processing fees (NACC) | ₱ 10 000 | ₱ 10 000 |
| Psychological evaluation (per person) | ₱ 8 000 | ₱ 25 000 |
| Notarization, translations, PSA copies | ₱ 3 000 | ₱ 6 000 |
| Attorney/consultant (optional; hourly or package) | ₱ 30 000 | ₱ 120 000 |
| Total | ₱ 51 000 | ₱ 161 000 |
12. Frequently-Cited Jurisprudence
| Case | G.R. No. | Ratio Relevant to Step-Child Adoption |
|---|---|---|
| Republic v. Court of Appeals & Molina (1995) | 108763 | Clarified “best interests” & legitimacy effects (pre-RA 8552 but still persuasive). |
| Republic v. Koloh (2006) | 180906 | Upheld dismissal where biological father refused consent; stresses indispensability of consent unless legal cause for waiver. |
| Republic v. Marco (2014) | 164774 | Allowed waiver of age-gap for relative adoption, foreshadowing RA 11642. |
13. Practical Tips for a Smooth Application
- Start medical and NBI clearances early—they expire in six months.
- Attend the NACC-accredited Pre-Adoption Seminar together as spouses; certificates are required.
- Explain the process to the child in age-appropriate language before the Child Social Worker interview.
- Keep evidence of continuous custody (school records, health-center logbooks, family photographs).
- Coordinate schedules—NACC interviews must include both spouses and the child, sometimes even grandparents.
14. Conclusion
Philippine law looks kindly on a step-parent who legally formalises a relationship that already exists in practice. The shift to an administrative model under R.A. 11642 has cut both cost and processing time, but the substantive safeguards—fitness of the adopter, voluntary consent, and the child’s best interests—remain uncompromised. Because every family situation is unique, applicants should still consult a lawyer or an accredited social worker for bespoke advice.
(This article is for general information only and is not a substitute for legal counsel. Updated as of 16 June 2025, Asia/Manila.)