Termination of Parental Authority for Stepparent Adoption Involving a Child Born in the Philippines: Legal Options

Philippine legal framework overview for families where a stepparent wishes to adopt a child, and the other biological parent’s parental authority must be addressed.

Quick note: This is a practical legal explainer, not specific legal advice. Philippine adoption law was overhauled in 2022. Procedures and forms are detailed in implementing rules—always confirm the latest requirements with the National Authority for Child Care (NACC) or counsel.

1) The Legal Backbone (What laws apply)

Family Code of the Philippines (E.O. 209) — defines parental authority (often called patria potestas), its incidents, loss, and suspension.
Domestic Administrative Adoption and Alternative Child Care Act (R.A. 11642, 2022) — shifted most domestic adoptions (including stepparent adoptions) from courts to an administrative process before the NACC and its Regional Alternative Child Care Offices (RACCOs). It absorbed the former DSWD/ICAB roles and updated terminology (e.g., NACC issues declarations on a child’s adoptability).
Domestic Adoption Act of 1998 (R.A. 8552) — largely superseded for domestic adoptions but still helpful for concepts and case law.
Inter-Country Adoption Act (R.A. 8043) — now functionally under NACC; relevant if the adopting stepparent is a foreign national habitually resident abroad and the process will be treated as intercountry/relative adoption.
R.A. 9523 & successors — the earlier framework for declaring a child legally available for adoption (CLAA). Under R.A. 11642, that function is within NACC.
R.A. 9255 (use of the father’s surname by an illegitimate child) — crucial for understanding when the father’s consent/authority is (and is not) required.

2) Parental Authority 101 (and why “termination” is a term of art)

Parental authority gives parents the legal right and duty to care for, decide for, and represent the child.
It is joint for children born to married parents (legitimate children).
For illegitimate children, the mother alone exercises parental authority (use of the father’s surname does not confer authority).
Parental authority cannot be sold, waived, or transferred by private agreement. It is lost or modified only in cases allowed by law (e.g., adoption, judicial deprivation/suspension, death, etc.).
Stepparent adoption doesn’t “erase” the custodial biological parent; it substitutes the stepparent for the other biological parent in the legal family tree, after the adoption order.

3) Who Can Do a Stepparent Adoption (eligibility)

Adopter (the stepparent)

Of legal age, with full civil capacity, good moral character, financially & psychologically fit.
Age-gap rule (traditionally 16+ years older than the child) is waived if the adopter is the spouse of the child’s parent.
Foreign stepparent: Allowed, but typically must show capacity to adopt under home-country law and comply with residency/clearance rules; many residency/testing requirements are relaxed for a Filipino’s spouse adopting their stepchild. If habitually resident abroad, expect NACC/foreign central authority coordination.

Child (the adoptee)

Minor (or adult in limited cases) and legally “available” for adoption under NACC rules for stepparent/relative cases (no CLAA needed in the classic sense, but NACC still vets legal status).
Consent of the adoptee is required if 10 years old or older.

4) Consents You’ll Need (and when they can be waived)

Usually required in stepparent adoption:

The custodial biological parent (the stepparent’s spouse).
The adoptee (10+ years).
The other biological parent if they hold parental authority or legal custody and none of the legal dispensations apply (details below).
The adopter’s spouse (already the custodial parent) and, in some cases, the adopter’s/adoptee’s children aged 10+.

When consent of the other biological parent is not needed (typical scenarios):

Illegitimate child where only the mother has parental authority (father did not adopt/legitimate the child and has no court-recognized custodial rights).
Death or judicial deprivation of parental authority of the other parent.
Abandonment, disappearance, incapacity, or unjustified refusal after due notice—NACC can dispense with consent if legal grounds and proper proof exist.

5) The Core Question: Legal Options to Terminate (or Lawfully Bypass) the Other Parent’s Parental Authority

Your path depends on the child’s filiation (legitimate vs. illegitimate), the status/location of the other biological parent, and evidence you can produce.

Option A — Proceed without the father’s consent (illegitimate child; mother has sole authority)

If the child was born out of wedlock and has not been legitimated (parents never married each other; no adoption by the father), then the mother alone has parental authority.
The stepfather can adopt with the mother’s and child’s (10+) consent. The father’s mere acknowledgment or surname use does not give him parental authority.
NACC may still require notice/efforts to locate a known father for transparency; but legal consent is generally not required absent parental authority.

Option B — Voluntary written consent of the other biological parent

The other parent formally consents to the adoption before NACC, acknowledging that adoption severs their parental rights/authority (except the custodial parent-spouse).
This is straightforward but rare if relations are strained.

Option C — NACC dispenses with consent due to abandonment, disappearance, incapacity, or unjustified refusal

Where the other parent cannot be found, has long failed to communicate/support, is incapacitated, or unreasonably withholds consent against the child’s best interests, NACC may waive that consent.
Expect to show diligent efforts: process server returns, barangay certifications, returned mail, social worker reports, police blotter/VAWC records if relevant, affidavits, proof of non-support, etc.
This is the most-used route where the other parent is absent or obstructive but no court case exists yet.

Option D — Judicial Deprivation or Suspension of Parental Authority (Family Code)

File a court petition (separate from the adoption) to deprive/suspend the other parent’s parental authority on recognized grounds:
- Abuse, maltreatment, moral depravity, addiction/alcoholism, corrupting influence, abandonment, neglect, conviction with civil interdiction, attempt on the child’s life, etc.
A final judgment depriving or suspending authority eliminates or narrows the need for that parent’s consent.
This route is appropriate where clear, provable misconduct exists and you want a definitive judicial ruling (also helpful for ongoing custody/visitation issues).

Option E — Death / Presumptive death

Death certificate ends parental authority.
Presumptive death (under civil law standards) can be used in exceptional circumstances—but expect strict proof and possibly a court declaration before NACC will proceed without consent.

6) Procedure Under R.A. 11642 (Stepparent Adoption, Administrative)

Pre-adoption counseling & intake with NACC/RACCO; verify filiation, custody status, and consent landscape.
File the Petition (stepparent adoption) with NACC/RACCO (forms + annexes).
Case studies:
- Home study of the stepparent/adoptive home.
- Child case study (background, needs, status).
Consents gathered (or dispensation sought) and clearances (NBI/police, medical, financial capacity, marriage certificate, child’s PSA birth certificate, school/medical records, etc.).
Supervised Trial Custody (STC) — often waived in stepparent adoptions where the child has long lived with the custodial parent and stepparent.
NACC Decision (Order of Adoption) — administrative issuance replacing the court decree.
Civil Registry: PSA issues an amended birth record listing the stepparent (and the custodial biological parent) as the child’s parents; the original record is sealed (accessible only in limited circumstances).
Post-adoption: Update school records, PhilHealth, passports/immigration as needed.

If there is an active custody/VAWC case or you’re seeking judicial deprivation, the court track for that piece may run in parallel before NACC finalizes the adoption.

7) Effects of a Stepparent Adoption (what legally changes)

Filiation: The child becomes the legitimate child of the adoptive stepparent and the custodial biological parent.
Parental authority: Vests jointly in the adoptive stepparent and their spouse (the custodial biological parent). The other biological parent’s authority/rights are severed.
Surname: The child generally takes the adoptive parent’s surname (there are nuanced options in some cases—discuss with NACC if you prefer retention/hyphenation).
Support & Succession: Full, mutual rights and duties arise between the adoptive parent and child; intestate succession rights through the other biological parent end (vested property rights are respected).
Records & privacy: The original birth record is sealed; the amended record is thereafter used.

8) Special Scenarios & Nuances

Illegitimate child, mother remarries: The mother’s sole authority means you can often proceed without the biological father’s consent, subject to NACC’s notice/verification practices.
Legitimate child (parents were married): You generally need the other parent’s consent, or a waiver/dispensation (abandonment, disappearance, incapacity, unjustified refusal), or a court judgment depriving/suspending authority.
Foreign stepparent: If living in the Philippines, proceed domestically with NACC; if habitually resident abroad, coordinate with NACC and the foreign central authority/immigration for a relative/stepparent adoption pathway. Adoption does not automatically grant the child the foreign stepparent’s citizenship; immigration rules of that country apply.
Muslim parties: The Code of Muslim Personal Laws has distinct family-law concepts; classic adoption isn’t recognized the same way (kafala is). If parties are under Shari’a jurisdiction, consult counsel experienced in both civil and Shari’a processes to structure a lawful solution that NACC and the civil registry can honor.
Same-sex spouses: Philippine law presently recognizes marriage only between a man and a woman. Stepparent adoption requires a marriage recognized under Philippine law; where couples are married abroad in a same-sex union, local recognition remains unsettled for adoption purposes—obtain tailored counsel.
Rescission: Generally, only the adoptee may seek rescission (e.g., for abuse or attempt on life). If granted, the adoptive parent’s authority ends; for minors, custody/authority can revert to the biological parent if consistent with the child’s best interests.

9) Evidence & Documents Checklist (typical)

Petition & NACC forms; valid IDs; marriage certificate of the stepparent and custodial parent.
Child’s PSA birth certificate (and proof of filiation/legitimacy).
Consents (adoptee 10+, custodial parent, other parent if applicable) or motion to dispense with consent + supporting proof.
Home-study and child case-study reports (by NACC/authorized social worker).
Police/NBI clearances, medical/psychological evaluations, proof of income/housing.
If claiming abandonment/disappearance: affidavits, barangay certifications, proof of non-support, returned mail, social media/email traces, police blotters, VAWC/RA 7610 records, process-server returns, etc.
If pursuing judicial deprivation/suspension: separate court petition and eventual final judgment.

10) Strategy Map (how families commonly succeed)

Identify filiation: illegitimate vs. legitimate at birth; check if there was later legitimation (parents married each other after birth) — that changes consent needs.
Map the other parent: Is the person known, locatable, cooperative? If not, build the dispensation case; if harmful, consider a deprivation case.
Front-load evidence: The best-interest standard governs NACC decisions. Well-documented efforts and child-centered reasons smooth the path.
Align tracks: If you must go to court (deprivation/suspension), start that early while NACC prepares the adoption record.
Mind the child’s voice: Prepare a child-sensitive environment for the adoptee’s consent interview (10+).
Plan post-adoption admin: PSA annotation, school and health record updates, passport/immigration if relevant.

11) FAQs

Can we adopt without the other biological parent’s consent? Yes, in several situations: illegitimate child (mother has sole authority), death, judicial deprivation, or where NACC dispenses with consent for abandonment, disappearance, incapacity, or unjustified refusal.

If the other parent suddenly reappears? NACC will weigh their current fitness and the child’s best interests. A mere reappearance after prolonged absence doesn’t automatically block an adoption if the legal grounds to dispense with consent are properly established.

Does adoption wipe out past child-support arrears? No. Adoption extinguishes future obligations of the former parent arising from parental authority, but arrears accrued before the adoption remain collectible (subject to proof and any court orders).

Will the child’s surname change? Usually to the adoptive stepparent’s (discuss options with NACC if you prefer a different treatment).

Can the adoptive parent later cancel the adoption? Generally no; only the adoptee may seek rescission on limited grounds. Adoptive parents may resort to disinheritance only under Civil Code grounds, which is different from rescission.

12) Bottom Line

To complete a stepparent adoption in the Philippines when the other biological parent is in the picture, you either secure consent or lawfully remove/dispense with it through (a) the rules on illegitimacy (mother’s sole authority), (b) NACC dispensation (abandonment/disappearance/incapacity/unjustified refusal), (c) judicial deprivation/suspension, or (d) death/presumptive death. With the right evidence and child-centered planning, the NACC administrative route is designed to make stepparent adoptions faster and less adversarial—while keeping the child’s best interests paramount.

If you want, tell me your exact scenario (child’s birth status, ages, where each parent lives, cooperation level), and I’ll map the most direct, legally sound route and a bespoke document checklist.