In the Philippines, the legal framework for adoption has undergone significant transformation with the enactment of Republic Act No. 11642, otherwise known as the Domestic Administrative Adoption and Alternative Child Care Act. This law shifted the primary process from a judicial one to an administrative one, aiming to make adoption speedier, less expensive, and less adversarial.

For a foreign national married to a Filipino citizen and seeking to adopt their spouse’s legitimate or illegitimate child, the process is uniquely structured to balance international standards with the best interests of the child.

1. Legal Eligibility: Who Can Adopt?

Under Philippine law, a foreign national may petition for the administrative adoption of their stepchild if they meet specific criteria:

Marital Status: The foreign national must be legally married to the Filipino parent of the child.
Residency: The petitioner must have been residing in the Philippines for at least five (5) continuous years prior to the filing of the petition.
Legal Capacity: They must possess the full civil capacity to act and be of good moral character.
Age Gap: The adopter must be at least fifteen (15) years older than the child, unless the adopter is the biological parent of the child or the spouse of the biological parent.
Diplomatic Relations: The foreign national’s country must have diplomatic relations with the Philippines.
Certification of Legal Capacity: The foreigner must secure a certification from their diplomatic or consular office (or relevant government agency) stating that they have the legal capacity to adopt and that their government will allow the child to enter and reside permanently in their country.

2. The Administrative Shift: NACC

The most critical change in recent years is the creation of the National Authority for Child Care (NACC). The NACC now has original and exclusive jurisdiction over all domestic administrative adoption proceedings.

For stepparent adoptions, this means the case is handled by the Regional Alternative Child Care Office (RACCO) where the child resides, rather than the Regional Trial Courts (unless the case was filed before the effectivity of RA 11642).

3. Required Documentation

The petition must be supported by a comprehensive list of documents to prove the suitability of the adopter and the status of the child:

Petition for Administrative Adoption: A verified petition filed with the RACCO.
Birth Certificates: Of the petitioner, the Filipino spouse, and the child.
Marriage Contract: Proving the legal union between the foreigner and the biological parent.
Written Consent: * The child (if 10 years or older).
The biological parent (the spouse).
The biological parent of the child’s other side (if applicable/living).
Medical and Psychological Evaluations: Both for the petitioner and the child.
Clearances: NBI/Police clearances and a "Case Study Report" prepared by a licensed social worker.
Proof of Financial Capacity: Income tax returns or employment contracts.

4. Key Stages of the Process

I. The Home Study Report

A licensed social worker from the RACCO or an accredited child-placing agency will conduct a Home Study. They will interview the family to ensure the home environment is conducive to the child’s growth and that the foreign stepparent has a genuine bond with the child.

II. Filing and Publication

Once the petition is filed and determined to be sufficient in form and substance, the NACC requires the publication of the petition in a newspaper of general circulation once a week for three consecutive weeks.

III. Review and Recommendation

The RACCO reviews the documents and the social worker’s recommendation. If favorable, the file is forwarded to the NACC Executive Director for the issuance of the Order of Adoption.

IV. The Order of Adoption and Birth Certificate

The Order of Adoption has the same force and effect as a judicial decree. Once issued, the NACC directs the Philippine Statistics Authority (PSA) to seal the original birth certificate and issue a new one, where the foreign stepparent is now listed as the legal father or mother.

5. Legal Effects of the Adoption

Once the administrative adoption is finalized, the legal ties between the child and their non-custodial biological parent are severed. The child acquires the following rights:

Status: The child is deemed a legitimate child of the adopter for all intents and purposes.
Name: The child is entitled to use the surname of the adopter.
Succession: The child becomes a legal heir of the adopter, with the same inheritance rights as a biological child under the Civil Code of the Philippines.

6. Important Considerations for Foreigners

Visa and Citizenship

While the adoption makes the child a legal "child" under Philippine law, it does not automatically grant the child the citizenship of the foreign stepparent. The adopter must coordinate with their home country’s embassy to process the child’s visa or citizenship (e.g., a CRBA for Americans or similar registration for other nationals).

Simulation of Birth (The "Rectification" Clause)

If the foreign stepparent previously registered the child as their own biological child on the birth certificate (a practice known as "simulation of birth"), RA 11642 provides an Administrative Rectification process. This allows the parties to correct the record and undergo the proper adoption process without criminal liability, provided it is done in the best interest of the child.