Quick answer

Legal adoption in the Philippines is now generally an administrative proceeding before the National Authority for Child Care (NACC), filed through the appropriate Regional Alternative Child Care Office (RACCO), rather than an ordinary court case.

Under Republic Act No. 11642, applicants normally undergo a pre-adoption forum, assessment and case study, document screening, matching when applicable, supervised trial custody when required, publication, personal interviews, and NACC evaluation. If approved, the NACC Executive Director issues an Order of Adoption.

The exact route and requirements depend on whether the case involves:

Regular adoption of a child legally available for adoption;
Adoption by a relative;
Stepparent adoption;
Adoption of one’s own nonmarital child;
Adult adoption;
Rectification of a simulated birth record; or
Inter-country adoption by a person habitually residing abroad.

Informal custody, long-term care, financial support, use of the adopter’s surname, or an agreement with the biological parents does not by itself create legal adoption.

Which agency handles adoption?

The NACC has original and exclusive jurisdiction over domestic administrative adoption, adult adoption, declaration of children as legally available for adoption, inter-country adoption, foster care, and qualifying simulated-birth rectification cases.

Applications and petitions are ordinarily processed through the RACCO having jurisdiction over the place where the prospective adoptive parents reside. Applicants may initially seek assistance from:

The relevant RACCO;
A city or municipal social welfare and development office;
An NACC-accredited or certified adoption social worker; or
A licensed and accredited child-placing agency.

The NACC’s current procedural pages and contact information are available through its official website.

Who may adopt domestically?

Filipino citizens

A Filipino applicant must generally:

Be at least 25 years old;
Possess full civil capacity and legal rights;
Be of good moral character;
Have no conviction for a crime involving moral turpitude;
Be emotionally and psychologically capable of caring for a child;
Be financially capable of supporting and caring for the child according to the family’s means; and
Be at least 16 years older than the adoptee.

The 16-year age-gap requirement may be waived when the adopter is the adoptee’s biological parent or the spouse of the adoptee’s parent.

The law does not impose a specific statutory minimum salary on Filipino domestic-adoption applicants. Financial capacity is assessed in relation to the family’s circumstances and ability to meet the child’s needs.

Married applicants

Spouses must generally adopt jointly. The principal exceptions are when:

One spouse adopts the legitimate child of the other spouse;
One spouse adopts his or her own nonmarital child, with the other spouse’s consent; or
The spouses are legally separated.

Applicants should not assume that a spouse may simply be omitted from the case. The family’s marital status, the child’s filiation, and the required consents must be evaluated first.

Foreign nationals living in the Philippines

A foreign national may use the domestic-adoption process if the applicant:

Is a permanent or habitual resident of the Philippines for at least five years before filing;
Has the qualifications required of Filipino adopters;
Comes from a country maintaining diplomatic relations with the Philippines;
Can establish that the adopter’s national law will recognize the Philippine adoption and the adoptee as the adopter’s legal child; and
Can establish that the child will be allowed to enter the adopter’s country as an adoptee.

The five-year residence requirement may be waived in limited cases involving certain former Filipinos, adoption of a Filipino spouse’s legitimate child, or joint adoption with a Filipino spouse of the Filipino spouse’s relative within the fourth civil degree.

A foreign national or Filipino citizen habitually residing abroad generally follows the separate inter-country adoption process. NACC acts as the Philippine Central Authority for those cases. Applicants abroad should not use domestic adoption merely because the child is in the Philippines.

Guardians and foster parents

A legal guardian may adopt the ward after termination of the guardianship and clearance of financial accountabilities. Qualified foster parents may also adopt their foster child, subject to assessment and the applicable NACC procedure.

Who may be adopted?

The law permits adoption of:

A child with a Certificate Declaring a Child Legally Available for Adoption (CDCLAA);
The legitimate child of one spouse by the other spouse;
A nonmarital child whose status will be improved through adoption by a qualified adopter;
A Filipino adult who was consistently considered and treated as the adopter’s own child for at least three years before the adoption;
A foster child;
A person whose prior adoption was rescinded;
A relative of the adopter; and
A child whose biological or adoptive parents have died, subject to the statutory waiting period.

If the biological or adoptive parents have died, adoption proceedings generally cannot be initiated until six months after their death.

When a CDCLAA is required

A child generally cannot be placed for regular administrative adoption unless the NACC has issued a CDCLAA.

A CDCLAA is not required in the same manner for relative and stepparent adoptions. Even in those cases, however, the child’s identity, filiation, custody history, parental consent, and best interests must still be established.

The parents of a voluntarily committed child are generally allowed three months from signing the Deed of Voluntary Commitment to seek restoration of custody and parental authority. A binding commitment to an adoption plan cannot be made before the child’s birth.

Whose written consent is required?

After appropriate counseling, written consent is generally required from:

The adoptee, if at least 10 years old;
The known biological parents, legal guardian, or government agency with legal custody;
The adopter’s legitimate and adopted children who are at least 10;
The adopter’s nonmarital children who are at least 10 and live with the adopter or remain under the adopter’s parental authority;
The spouse of the adopter, when applicable; and
The spouse of the person to be adopted, when applicable.

Children below 10 must still be counseled and consulted, although they are not required to execute written consent.

Consent should be signed through the proper adoption process after counseling—not obtained through a private waiver drafted solely by the parties. Questions about an absent, unknown, deceased, incapacitated, or allegedly neglectful biological parent require individual assessment. A parent’s failure to provide support does not automatically authorize another person to dispense with the legally required process.

Core documentary requirements

The precise checklist varies by case, but prospective adoptive parents commonly need the following:

The prescribed application and undertaking forms;
A notarized Petition for Adoption;
Home study, child case study, or consolidated social case study reports prepared through an authorized adoption social worker;
PSA-issued birth records of the applicants and adoptee;
PSA marriage certificate or CENOMAR, as applicable;
Final court decisions and certificates of finality concerning annulment, nullity, legal separation, or other relevant marital-status proceedings;
Properly authenticated foreign divorce documents, where applicable;
NBI, police, or other clearances required by NACC;
Required written consents;
Death certificates of biological parents, when applicable;
The original CDCLAA, when required;
Recent medical evaluations of the applicants and child;
Psychological evaluation of the applicants;
Psychological evaluation of a child five years old or older, subject to the applicable assessment or guideline;
A child-care plan identifying temporary custodians in case of the applicants’ death, absence, or incapacity;
Letters from at least three nonrelated character references;
Recent photographs of the applicants, child, family, and home as required;
Proof of financial capacity, such as an income tax return, employment records, business documents, or other reliable proof;
Certificate of attendance at the required pre-adoption forum or training;
Publication documents;
Pre-Adoption Placement Authority and post-placement reports, when applicable; and
Documents addressing any previously filed adoption case.

Foreign applicants may also need proof of Philippine residency and police clearances from foreign places where they lived for more than 12 months during the preceding 15 years.

Document validity periods and additional requirements may be prescribed by current NACC guidelines or the handling social worker. Obtain the case-specific checklist before paying for medical, psychological, authentication, or publication expenses.

Step-by-step domestic adoption process

1. Obtain an initial assessment

Contact the RACCO, local social welfare office, accredited adoption social worker, or licensed child-placing agency. Identify the correct case category immediately: regular, relative, stepparent, own-child, adult, simulated-birth rectification, or inter-country adoption.

This classification matters because the CDCLAA, matching, home-study, consent, and trial-custody requirements are not identical.

2. Attend the pre-adoption forum

Prospective adoptive parents attend the required forum or seminar covering:

The legal and practical effects of adoption;
The child’s developmental and emotional needs;
Adoption disclosure or “adoption telling”;
The assessment and matching process;
Documentary requirements; and
Post-adoption responsibilities.

NACC identifies the certificate of attendance as a mandatory filing requirement.

3. Complete the assessment and case studies

An authorized adoption social worker evaluates the prospective adopters, adoptee, biological parents, household, and surrounding circumstances.

The assessment is not merely a paperwork check. It examines the applicants’ motivation, relationships, health, finances, parenting capacity, support system, home environment, and ability to meet the particular child’s needs.

The social worker must also verify the child’s identity and birth registration with the Philippine Statistics Authority. If the child’s birth was not registered, the social worker must facilitate proper registration.

4. Secure the child’s legal status

For a regular adoption, the child must normally have a CDCLAA. The responsible agency or social welfare officer must follow the statutory process for voluntary commitment, abandonment, neglect, or foundling cases.

Private parties should not treat a notarized parental waiver as a substitute for a CDCLAA or valid NACC-supervised consent.

5. Undergo matching when required

Regular adoption of a legally available child ordinarily involves matching the child with approved applicants according to the child’s needs and best interests.

Relative, stepparent, and adult adoptions do not undergo ordinary matching when the child or adoptee and applicants have lived in the same household for at least two years. The NACC will still assess whether adoption is legally proper and beneficial.

Applicants generally cannot privately select or arrange for the transfer of an unrelated child outside the authorized process.

6. Complete supervised trial custody when required

After an approved match and issuance of a Pre-Adoption Placement Authority, the NACC may require supervised trial custody for up to six months. An adoption social worker monitors the placement, usually through monthly supervision and reports.

Trial custody may be reduced or waived upon proper assessment in cases such as:

Stepparent adoption;
Relative adoption;
Infant adoption;
Adult adoption; or
Other cases where the social worker finds a waiver or shorter period appropriate.

A waiver is not automatic merely because the child has already stayed with the applicants.

7. Prepare and file the petition

The prospective adoptive parents prepare and sign the petition under oath. It must allege the statutory qualifications, completion of pre-adoption services, facts supporting the adoption, and the requested name of the child, if any.

The petition and complete original supporting documents are filed with the RACCO having jurisdiction over the applicants’ residence.

8. Publication and personal appearances

Upon receipt of the petition and supporting documents, the petition must be published once a week for three successive weeks in a newspaper of general circulation.

NACC’s current procedure also requires mandatory personal appearance and interviews. Republic Act No. 11642 requires prospective adoptive parents to appear personally before the handling RACCO at least twice during the application period.

Applicants should coordinate publication only under the RACCO’s instructions to avoid using the wrong text, newspaper, dates, or proof of publication.

9. RACCO and NACC review

Within 15 working days from filing, the RACCO reviews compliance, examines the documents, and conducts the required interviews. If it requests additional information, the statutory review period is suspended while the deficiency remains unresolved.

When the requirements are sufficient, the RACCO certifies compliance, makes a recommendation, and forwards the case. The Deputy Director for Services generally has 15 working days to review the recommendation and either return it for further examination or transmit it for final action. The Executive Director generally acts within another 15-working-day period after receipt.

The law directs that domestic adoption cases be decided within 60 calendar days from the Deputy Director for Services’ receipt of the RACCO recommendation. That period does not necessarily run from the applicant’s first inquiry or submission of an incomplete application. Requests for additional evidence, difficult-to-obtain records, investigation, matching, trial custody, and pre-petition preparation can make the entire real-world process longer.

10. Receive and register the Order of Adoption

If the NACC finds that adoption is in the adoptee’s best interests, the Executive Director issues an Order of Adoption.

The adopter must submit a certified true copy of the order to the Local Civil Registrar where the child was originally registered within 30 calendar days from receipt. The final order and the required civil-registry documents are then processed so that:

The original birth record is sealed;
An amended birth certificate is issued;
The adoptee is recorded under the adopter’s surname as directed; and
The amended certificate does not state on its face that it is an amended issue.

Coordinate closely with the RACCO and Local Civil Registrar regarding the Certificate of Finality, draft certificate of live birth, PSA endorsement, and proof of registration.

11. Participate in post-adoption services

NACC monitors the parent-child relationship after finalization. The handling social worker prepares a closing report after the one-year after-care period, although additional visits or reports may be required depending on the child’s circumstances.

Adoptive parents must disclose the adoption to the child in an age-appropriate manner. The law encourages disclosure as early as possible and requires it before the adoptee reaches 13 years old.

Special situations

Stepparent adoption

Marriage to the child’s parent does not make the stepparent a legal parent. Adoption is required to establish filiation, parental authority, and reciprocal succession rights.

The other biological parent’s consent or legal status is often a central issue. Separation, noncommunication, or nonpayment of support should not be assumed to eliminate that parent’s rights without the process and proof required by law.

Relative adoption

A “relative” for this purpose generally concerns a relationship within the fourth civil degree of consanguinity or affinity. The petition still requires social-worker assessment, supporting civil-registry records, consent, publication, and NACC approval, subject to the applicable streamlined rules.

Adult adoption

A Filipino adult may be adopted if the applicant consistently considered and treated that person as the applicant’s own child for at least three years before adoption. NACC’s adult-adoption requirements seek proof of that relationship, such as old photographs, barangay certification, school or household records, correspondence, financial support records, and other credible evidence.

The adult adoptee’s consent and, when applicable, the adoptee’s spouse’s consent are required. Adult adoption cannot properly be used solely as a convenient device to obtain a surname, inheritance advantage, citizenship, or immigration benefit without the required genuine parent-child history.

Simulated birth records

Simulation of birth occurs when the civil registry is made to show that a child was born to someone who is not the biological mother. It is not corrected merely by filing an ordinary late registration or changing entries privately.

Some longstanding simulated-birth cases may qualify for administrative rectification and adoption under Republic Act No. 11222, as amended by Republic Act No. 11642. Eligibility depends on statutory dates, continuous treatment of the child as one’s own, the child’s best interests, and other conditions. Seek an immediate RACCO assessment instead of submitting inconsistent records to the PSA or Local Civil Registrar.

Inter-country adoption

A foreign national or Filipino permanently or habitually residing abroad generally applies under the inter-country system through the proper foreign Central Authority or accredited adoption body and the NACC.

Inter-country adoption has different qualifications, documentary requirements, fees, immigration rules, and matching procedures. Domestic placement must generally be considered before inter-country placement. Refer to the NACC’s official inter-country adoption guidance before beginning the process.

Legal effects of a completed adoption

Once the Order of Adoption is issued:

The adoptee becomes the adopter’s legitimate child for all legal purposes;
The adopter acquires full parental authority;
The adoptee and adopter generally acquire reciprocal succession rights equivalent to legitimate filiation;
Legal ties with the biological parents are generally severed, except when the adopter is the spouse of a biological parent;
The adoptee receives a new civil-registry record under the order; and
Adoptive parents become entitled to benefits provided to biological parents under applicable laws and agency rules.

Adoption is permanent. An adopter cannot simply cancel it. Only the adoptee may seek rescission on the grounds provided by law, including specified maltreatment, an attempt on the adoptee’s life, or abandonment and failure to perform parental obligations.

Evidence and records to preserve

Keep secure originals and clear copies of:

PSA birth, marriage, death, and marital-status records;
The CDCLAA, Deed of Voluntary Commitment, or custody records;
Written consents executed through the adoption process;
Proof of counseling and pre-adoption training;
Medical and psychological reports;
NBI, police, immigration, and foreign clearances;
Income, tax, employment, business, and property records;
Social case study, home study, matching, placement, and monitoring documents;
Publication orders, newspaper issues, receipts, and affidavit of publication;
Notices, emails, deficiency letters, and proof of compliance;
Proof of personal appearances and interviews;
The PAPA and supervised-custody reports;
The Order of Adoption and Certificate of Finality;
Local Civil Registrar receipts and acknowledgments;
The amended PSA birth certificate; and
Records showing the history of care in relative, stepparent, independent-placement, or adult-adoption cases.

Because adoption records are confidential, do not post the petition, biological parents’ details, medical reports, or the child’s identifying information on social media.

Common mistakes to avoid

Treating a biological parent’s private waiver as a completed adoption;
Registering oneself falsely as the biological parent;
Taking permanent custody of an unrelated child through a direct private arrangement;
Filing in court under the repealed domestic-adoption procedure without checking current NACC jurisdiction;
Using the domestic route even though the applicant is habitually residing abroad;
Omitting a spouse or required child from the consent process;
Assuming absence or nonsupport automatically removes a biological parent’s rights;
Obtaining publication before receiving the RACCO’s instructions;
Submitting expired, inconsistent, unauthenticated, or altered documents;
Concealing prior marriages, criminal cases, health conditions, previous adoption applications, or the child’s true custody history;
Coaching the child or biological parents for social-worker interviews;
Missing a deficiency-compliance, reconsideration, appeal, or civil-registration deadline; and
Believing that custody, baptismal records, school enrollment, or long use of a surname already creates legal filiation.

When legal help is urgent

Consult the RACCO and obtain individual legal advice promptly if:

A child was registered using simulated or false parentage;
Someone demands money in exchange for a child or consent to adoption;
The child may have been trafficked, abducted, or unlawfully transferred;
A biological parent withdraws consent or contests the child’s legal availability;
The child’s birth record, identity, nationality, or parentage is uncertain;
A required parent cannot be found;
A foreign divorce or marriage affects the applicants’ legal capacity;
An applicant or child will relocate abroad while the case is pending;
There are competing custody, guardianship, support, or adoption proceedings;
NACC denies the petition;
An objection is filed alleging abuse, fraud, concealment, or disqualification;
A deadline for reconsideration or appeal is running; or
The child faces immediate abuse, neglect, abandonment, or removal from the current home.

Qualified indigent applicants may request assistance from the Public Attorney’s Office. Republic Act No. 11642 directs PAO to provide free legal assistance, including notarization of adoption-related documents, when warranted.

Frequently asked questions

Is adoption still filed in the Regional Trial Court?

Domestic adoption petitions governed by Republic Act No. 11642 are generally administrative cases within the original and exclusive jurisdiction of the NACC and are filed through the proper RACCO. Special disputes or judicial remedies may still reach the courts, including an appeal to the Court of Appeals.

May a single Filipino adopt?

Yes. A qualified single Filipino may adopt. If the applicant is married, however, the spouses generally must adopt jointly unless a statutory exception applies.

Must an applicant own a house or be wealthy?

The law does not require wealth or home ownership as such. The applicant must demonstrate a stable ability to support and care for the child according to the family’s means and the child’s needs.

Can biological parents reclaim a child after adoption?

Before adoption, withdrawal or opposition may be possible depending on the child’s status and the stage of the proceedings. Biological parents who voluntarily commit a child generally have a three-month reconsideration period under the law. After a final adoption, legal ties are ordinarily severed, and the biological parents cannot simply reclaim the child.

Can adoptive parents change the child’s first name?

The petition may request the name by which the child will be known. NACC determines the matter through the Order of Adoption, guided by the child’s best interests, identity, age, views, and circumstances.

How long does adoption take?

There is no reliable single duration for every case. The statute contains 15-working-day review stages and a 60-calendar-day decision period measured from the Deputy Director for Services’ receipt of the RACCO recommendation. Preparation, assessment, securing a CDCLAA, matching, publication, supervised trial custody, missing documents, investigation, and civil registration occur outside or may interrupt that limited decision timetable.

What if the petition is denied?

A motion for reconsideration may be filed with the NACC Executive Director within 15 calendar days from the denial. Judicial recourse to the Court of Appeals is subject to a 10-day period under Republic Act No. 11642, counted as the law provides from receipt of the order or denial of reconsideration. Because these periods are short, obtain legal advice immediately.

Is a lawyer required?

The process is designed to be administrative and accessible, and applicants receive assistance from adoption social workers. A lawyer is nevertheless useful when parentage or consent is disputed, records are inconsistent, a foreign element exists, there was simulated birth, another case is pending, or the petition is denied.

Official sources

This article provides general legal information, not legal advice for a particular adoption. Requirements may vary with the adoptee’s status, family relationships, residence, nationality, records, and current NACC directives. Official sources and procedures were checked as of August 25, 2026.