Quick answer
Legal adoption in the Philippines is now generally an administrative proceeding, not a new court case. Under the Domestic Administrative Adoption and Alternative Child Care Act, Republic Act No. 11642, domestic adoption petitions are filed through the Regional Alternative Child Care Office (RACCO) and decided by the National Authority for Child Care (NACC).
A qualified Filipino adopter must generally be at least 25 years old, have full legal capacity, be of good moral character, have no conviction for a crime involving moral turpitude, be emotionally and psychologically capable of parenting, have sufficient means to support the child, and be at least 16 years older than the adoptee. The 16-year age gap may be waived when the adopter is the adoptee’s biological parent or the spouse of the adoptee’s parent.
The process ordinarily includes a pre-adoption forum, social-worker assessment and case studies, documentary review, matching when required, authorized placement and possible supervised trial custody, filing and publication of a notarized petition, mandatory personal appearances or interviews, NACC review, issuance of an Order of Adoption, and registration with the civil registrar.
Requirements differ for regular, relative, stepparent, adult, inter-country, and simulated-birth cases. Start with the RACCO having jurisdiction over your residence before paying for evaluations or preparing affidavits.
Which adoption route applies?
| Situation |
Proper route |
| A qualified adopter residing in the Philippines seeks to adopt a Filipino child legally available for adoption |
Domestic administrative adoption through the RACCO and NACC |
| A relative within the fourth civil degree seeks to adopt |
Relative adoption through the RACCO; special documentary and matching rules apply |
| A person seeks to adopt the child of their spouse |
Stepparent adoption through the RACCO |
| A qualified adopter seeks to adopt a Filipino who is already of legal age |
Adult adoption through the RACCO |
| A foreign national or Filipino habitually residing abroad seeks to adopt a Filipino child |
Inter-country adoption through the receiving country’s Central Authority or a NACC-accredited Foreign Adoption Agency |
| The child’s birth was falsely registered as though the custodian were the biological parent |
Possible adoption with rectification under Republic Act No. 11222, if its strict conditions and deadline are met |
| An adoption case was already pending in court when Republic Act No. 11642 took effect |
Transitional court rules may apply if the case was not withdrawn |
The Supreme Court has confirmed that the former judicial rules on domestic adoption are ineffective for new cases, except for qualifying petitions already pending in court under the transition provisions. See the Supreme Court’s revised domestic-adoption guidance and its discussion in a 2025 adoption decision.
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 and capable of modeling it;
- Have no conviction for a crime involving moral turpitude;
- Be emotionally and psychologically capable of caring for a child;
- Be at least 16 years older than the adoptee, subject to the biological-parent and stepparent exceptions;
- Be able to support and care for the adoptee according to the family’s means; and
- Complete the required pre-adoption services, assessment, counseling, and training.
A legal guardian may apply to adopt a former ward only after the guardianship has ended and the guardian’s financial accountabilities have been cleared. Foster parents may also apply, subject to the adoption requirements.
There is no statutory rule limiting domestic adoption to married applicants. A qualified single person may apply.
Married applicants
Spouses must ordinarily adopt jointly. The principal exceptions are:
- One spouse adopts the legitimate child of the other;
- One spouse adopts their own non-marital child, with the other spouse’s consent; or
- The spouses are legally separated.
An unmarried couple cannot file as spouses for a joint adoption. One partner may apply individually if independently qualified, but the household, relationships, consent requirements, and effect on the child will still be examined.
Foreign nationals residing in the Philippines
A foreign national may use the domestic process if they are a permanent or habitual Philippine resident for at least five years before filing, satisfy the qualifications imposed on Filipino applicants, come from a country with diplomatic relations with the Philippines, and prove that their country will:
- Recognize the NACC adoption order;
- Recognize the child as their legal child; and
- Allow the child to enter that country as an adoptee.
The five-year residence requirement may be waived in limited cases involving certain former Filipinos, a Filipino spouse’s child, or a relative of the Filipino spouse within the fourth civil degree. Foreign-issued public documents will generally need proper authentication or apostille. Confirm the exact immigration and foreign-law documents with the RACCO.
Who may be adopted?
Republic Act No. 11642 permits the adoption of:
- A child with a Certificate Declaring a Child Legally Available for Adoption, or CDCLAA;
- The legitimate child of one spouse by the other spouse;
- A non-marital child whose adoption will improve their status;
- A Filipino adult who satisfies the required parent-child history;
- A foster child;
- A child whose previous adoption was rescinded;
- A child whose biological or adoptive parents have died, provided proceedings are not initiated within six months after the parents’ death; or
- A relative of the adopter.
For current adult-adoption filings, NACC requires evidence that the adult was consistently considered and treated as the applicant’s own child for at least three years before reaching the age of majority. Examples may include old family photographs, school or medical records, proof of support, correspondence, and a barangay certification. See the NACC adult-adoption requirements.
When is a CDCLAA required?
A CDCLAA is normally required before a child may be placed for regular adoption. It is NACC’s final administrative declaration that the child is legally available for adoption and that the former parent, guardian, or custodian’s authority has ended.
A CDCLAA is not ordinarily required for stepparent, relative, or adult adoption. That does not eliminate the need to prove identity, filiation, custody history, required consent, and the adoptee’s best interests.
For a voluntarily committed child, biological parents are given three months to reconsider the decision to relinquish the child. No binding commitment to an adoption plan may be made before the child’s birth. The law requires counseling and efforts to preserve the biological family before permanent relinquishment.
Do not personally obtain a child from a parent, hospital, social-media contact, or intermediary and assume the arrangement can later be legalized. Republic Act No. 11642 covers independent placements only when the child was already in the custodian’s care before the law took effect. New placements should be coordinated with the RACCO, a local social welfare office, or a properly licensed child-placing agency.
Whose written consent is required?
After counseling and an explanation of the right to grant or withhold consent, 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, subject to statutory exceptions;
- The adopter’s legitimate and adopted children who are at least 10;
- The adopter’s non-marital children who are at least 10 and live with the adopter or remain under the adopter’s parental authority;
- The spouse of the adopter, if any; and
- The spouse of the adoptee, if any.
A child below 10 must still be counseled and consulted in an age-appropriate manner, although the child does not execute the statutory written consent.
A missing parent’s consent is not automatically dispensed with. The social worker may require documented efforts to locate that parent and may determine whether a CDCLAA or other proof is necessary. A private affidavit saying that a parent cannot be found is not always sufficient.
Core documentary requirements
The exact checklist depends on the type of adoption. The usual documents include:
- A notarized Petition for Adoption using the prescribed form;
- Home Study Report and Child Case Study Report, or the applicable consolidated Social Case Study Report, prepared by an authorized adoption social worker;
- PSA or properly authenticated birth records of the applicant and adoptee;
- PSA marriage certificate or CENOMAR, as applicable;
- Final court records concerning annulment, declaration of nullity, legal separation, or recognized divorce, when relevant;
- NBI, police, or required court clearances;
- Foreign police clearances for a foreign applicant who lived outside the Philippines for more than 12 months at any time during the preceding 15 years;
- Death certificates of biological parents, when applicable;
- Original or certified copy of the CDCLAA, when required;
- Medical evaluations of the applicant and adoptee;
- Psychological evaluation of the applicant;
- Psychological evaluation of a child aged five or older, subject to the current category-specific rules and social-worker assessment;
- A child-care plan naming at least three possible temporary custodians, in order of preference, if the applicant dies, becomes absent, or becomes incapacitated;
- At least three character-reference letters from unrelated persons, including their contact information;
- Recent close-up and whole-body photographs of the applicant and adoptee;
- Proof of financial capacity, such as an income tax return, certificate of employment and compensation, bank certification, business permit, or other acceptable evidence;
- All required written consents;
- Certificate or certificates showing completion of the pre-adoption forum, counseling, and training;
- Proof of publication;
- Pre-Adoption Placement Authority and post-placement report, when applicable; and
- The order withdrawing or dismissing an earlier court petition, if the same case was previously filed in court.
Under the 2026 NACC Citizen’s Charter, social case studies are generally expected to be recent, medical evaluations are generally prepared within six months before application, psychological reports are generally valid based on a two-year reporting period, and photographs must generally have been taken within the previous six months. The RACCO may request additional documents when necessary to verify a factual claim.
Do not obtain expensive medical or psychological evaluations until the assigned social worker confirms the applicable form, professional qualification, and validity period.
Step-by-step domestic adoption process
1. Contact the proper RACCO
Approach the RACCO for the region where the prospective adopter resides. The applicant may also seek initial assistance from a city or municipal social welfare office, a licensed child-placing agency, or an authorized adoption social worker.
The NACC’s prospective-adoptive-parent guidance explains the initial application and assessment process.
2. Attend the pre-adoption forum
The forum covers the legal effects of adoption, parenting an adopted child, adoption disclosure, documentary requirements, and the expected process. The certificate of attendance is a required filing document.
3. Undergo assessment and case studies
The social worker evaluates the applicant’s motivation, household, health, relationships, financial capacity, parenting readiness, support system, and ability to meet a child’s particular needs. The adoptee’s identity, family background, legal status, health, adjustment, and wishes are also assessed.
Cooperate fully and disclose prior marriages, children, criminal or administrative cases, health conditions, previous adoption applications, and immigration plans. A condition or past difficulty is not necessarily an automatic disqualification, but concealment can undermine the application.
4. Establish that the child is legally available
For a regular child adoption, the child must ordinarily have a CDCLAA. NACC and the responsible social workers must investigate abandonment, neglect, voluntary commitment, or foundling status and document efforts to locate the biological family.
5. Complete matching, if required
Regular adoption ordinarily involves a professional matching process. The child is matched with an approved family according to the child’s needs and best interests—not according to a private reservation, payment, or direct arrangement.
Matching is generally not required in stepparent, relative, or adult cases when the adopter and adoptee have lived in the same household for at least two years. If that condition is absent, current NACC presentation or matching requirements may apply.
6. Receive authorized placement and complete trial custody
After an approved match, the RACCO may issue a Pre-Adoption Placement Authority. If recommended, supervised trial custody may last up to six months and is monitored monthly.
Trial custody may be shortened or waived for an infant, stepchild, relative, adult, or even a regular case, but only after the required professional assessment and recommendation. It is not waived merely because the parties request it.
7. File the petition
The applicants sign and swear to the petition and file it with the RACCO for the region where they reside. The 2026 Citizen’s Charter directs the filing of two complete sets—one original and one photocopy—together with the original supporting records.
8. Publish the petition
The petition must be published once a week for three successive weeks in a newspaper of general circulation. Follow the RACCO’s Order of Publication exactly and retain the complete newspaper clippings and notarized certificate or affidavit of publication.
9. Attend the mandatory appearance and interviews
The RACCO interviews the applicants, adoptee, handling social worker, and other relevant persons. Applicants should expect personal appearances during the application and petition stages. A clarificatory appearance may be required if the documents or testimony raise additional questions.
10. Wait for administrative review and decision
The law assigns the following review periods after a complete petition reaches the specified stage:
- RACCO review: generally 15 working days, suspended while required additional documents are outstanding;
- Deputy Director for Services review: generally 15 working days;
- Executive Director’s action: generally 15 working days; and
- Overall decision period: 60 calendar days from the Deputy Director for Services’ receipt of the RACCO recommendation, absent delay attributable to the applicants.
These are not a guaranteed total processing time. Pre-adoption assessment, preparation of case studies, CDCLAA proceedings, matching, publication, trial custody, unavailable records, objections, foreign authentication, or requests for additional evidence may substantially extend the case.
11. Register the Order of Adoption
If granted, NACC issues an Order of Adoption stating the adoptee’s legal name. The adopter must submit a certified true copy to the civil registrar where the adoptee was originally registered within 30 calendar days from receipt, following NACC’s finality and registration instructions.
The original birth record is cancelled and sealed. A new birth certificate is issued showing the adoptee as the adopter’s child and ordinarily bearing the adopter’s surname. The new certificate does not state on its face that it is amended.
12. Complete post-adoption monitoring
NACC conducts after-care monitoring. The handling social worker prepares a closing report after the one-year monitoring period, although additional visits or reports may be required based on the child’s circumstances.
Special cases
Stepparent adoption
A stepparent must be legally married to the child’s biological parent. The other biological parent’s consent, death certificate, legal-status documents, or proof of properly conducted efforts to locate that parent may be required. The marriage alone does not make the stepparent a legal parent.
See the NACC stepparent-adoption checklist.
Relative adoption
A relative is generally a person within the fourth civil degree of consanguinity or affinity. Applicants should establish the relationship through an unbroken chain of PSA birth and marriage records. Relative status does not remove the need for assessment, counseling, consent, publication, and proof that adoption serves the adoptee’s best interests.
See the NACC relative-adoption requirements.
Adult adoption
Adult adoption is not simply a surname-change procedure. The applicant must prove a genuine, longstanding parent-child relationship. Current NACC requirements seek proof that the adult was treated as the applicant’s own child for at least three years before majority. The adult adoptee and the adoptee’s spouse, if any, must consent.
Simulated birth records
Simulation occurs when a birth record falsely names someone other than the biological mother as the person who gave birth. It is not a substitute for adoption.
The Simulated Birth Rectification Act, Republic Act No. 11222, provides a limited route to adoption, rectification, and amnesty when, among other requirements:
- The simulation occurred before the law took effect;
- It was done for the child’s best interests;
- The applicant consistently treated the child as their own;
- The child had lived with the applicant for at least three years before March 29, 2019; and
- A qualifying petition is filed within 10 years from the law’s effectivity.
Because the law took effect on March 29, 2019, the 10-year period points to March 29, 2029. File well before that date and obtain case-specific confirmation from NACC. These petitions are initiated through the city or municipal social welfare office where the child resides, following the NACC simulated-birth procedure.
Inter-country adoption
If the prospective adopters are habitually or permanently residing abroad, they should not file an ordinary domestic petition merely because the child is a relative or because the applicants are Filipino citizens.
Under the Inter-Country Adoption Act, Republic Act No. 8043, an overseas applicant generally works through the Central Authority or a NACC-accredited Foreign Adoption Agency in the country of residence. Inter-country adoption is treated as a last resort after suitable domestic placement has been explored. It includes foreign assessment, NACC approval and placement, travel formalities, at least six months of monitored adjustment abroad, and finalization under the receiving country’s law.
NACC expressly requires overseas relative applications to pass through the foreign Central Authority or accredited agency. See the official inter-country relative-adoption process.
Costs and legal assistance
The NACC Citizen’s Charter lists no RACCO filing fee for the domestic administrative petition service itself. Applicants may nevertheless incur expenses for:
- PSA and civil-registry documents;
- Medical and psychological evaluations;
- Police or NBI clearances;
- Notarization and certification;
- Newspaper publication;
- Apostille, authentication, and translation;
- Transportation and authorized professional services; and
- Post-order civil-registration requirements.
There is no reliable single total because publication rates, evaluations, foreign documents, and case requirements vary. Ask for official receipts and avoid anyone who asks for payment in exchange for a child, a guaranteed match, faster approval, or favorable consent.
Qualified indigent applicants may seek free legal assistance, including appropriate notarization assistance, from the Public Attorney’s Office. Socialized fees may also be available where authorized.
Legal effects of adoption
Once the Order of Adoption takes effect:
- The adoptee becomes the adopter’s legitimate child for all legal purposes;
- The adopter acquires full parental authority;
- Legal ties with the biological parents are generally severed, except when the biological parent is the adopter’s spouse;
- The adopter and adoptee obtain reciprocal succession rights comparable to legitimate filiation, subject to testamentary-succession rules;
- The adoptee receives a new civil-registry record; and
- Adoption records remain confidential and may be disclosed only under the law and proper NACC authority.
Adoptive parents must disclose the adoption to the child in an age-appropriate manner as early as reasonably possible. Republic Act No. 11642 requires disclosure before the adoptee turns 13.
Evidence to preserve
Keep secure originals and clear copies of:
- PSA and local civil-registry records;
- Marriage, separation, annulment, divorce, guardianship, and death records;
- Proof of the child’s custody history and dates of residence;
- School, medical, vaccination, baptismal, and insurance records;
- Old family photographs with dates and identified persons;
- Receipts, remittances, enrollment records, and other proof of support;
- Communications with biological parents or guardians;
- Proof of lawful efforts to locate an absent parent;
- Counseling records and written consents;
- RACCO notices, emails, acknowledgments, placement authorities, and reports;
- Newspaper pages and the affidavit of publication; and
- Every document submitted to or received from NACC, the RACCO, the local social welfare office, and the civil registrar.
Adoption records are confidential. Do not publish the child’s history, original birth record, case-study details, or identifying information on social media.
Common mistakes to avoid
- Filing a new domestic-adoption case in court instead of with the RACCO;
- Treating informal custody, guardianship, sponsorship, or a notarized affidavit as legal adoption;
- Arranging the private handover of a child without authorized social-worker involvement;
- Paying a parent, intermediary, hospital employee, or online seller for a child;
- Signing or soliciting a binding relinquishment before the child’s birth;
- Assuming an absent biological parent’s consent is unnecessary;
- Filing incomplete or expired records without first checking the current RACCO checklist;
- Concealing a prior marriage, child, criminal case, health issue, or previous application;
- Assuming that relative, stepparent, or adult adoption has no assessment or publication requirement;
- Missing a publication instruction, personal appearance, compliance date, registration deadline, or appeal period; and
- Failing to register the final order and obtain the corrected PSA birth certificate.
Republic Act No. 11642 penalizes coercive, fraudulent, or improperly induced consent, noncompliance with adoption safeguards, and exposing a child to danger, abuse, or exploitation. The stated penalty is imprisonment of six years and one day to 12 years, a fine of ₱50,000 to ₱200,000, or both. Simulation of birth may carry imprisonment of eight years and one day to 10 years and a fine of up to ₱50,000, subject to the limited relief available under Republic Act No. 11222.
When legal help is urgent
Seek immediate assistance from the RACCO, NACC, PAO, or a Philippine family-law lawyer when:
- Someone is selling, advertising, trafficking, hiding, or informally transferring a child;
- Consent was obtained through payment, pressure, threats, deception, or abuse;
- A biological parent is missing, unidentified, objecting, or attempting to recover the child;
- The child may have been abducted or unlawfully retained;
- The birth certificate was simulated or contains materially false parentage;
- The applicant or child is moving abroad during the case;
- There is a pending or previously dismissed court case involving the same adoption;
- NACC has denied the petition or another person has objected;
- The adopter or adoptee has died during processing; or
- The child is being abused, neglected, or placed in immediate danger.
A motion for reconsideration of a denial must generally be filed within 15 calendar days. Republic Act No. 11642 also provides a short 10-day period for qualifying appeals to the Court of Appeals. Because NACC’s internal appeals functions may also be relevant, obtain advice immediately upon receiving an adverse order and do not assume that one filing automatically extends another deadline.
For initial guidance, contact the National Authority for Child Care or the RACCO for your region.
Frequently asked questions
Do I need a lawyer?
The law does not make private counsel a universal requirement, and an adoption social worker helps prepare the case studies and prescribed documents. Legal assistance is advisable when parentage, consent, foreign residence, a prior court case, simulated birth, an objection, or an appeal is involved. Qualified applicants may approach PAO.
Can a single person adopt?
Yes. A qualified single Filipino may apply. The applicant must independently satisfy the legal, financial, health, psychological, and parenting requirements.
Can we adopt a child who has lived with us for years?
Long-term care does not itself create legal filiation. The proper route depends on whether the child is a relative, stepchild, independently placed child, foster child, or child requiring a CDCLAA. Ask the RACCO to classify the case before filing.
Can an adult be adopted?
Yes, but the adult must be Filipino and the required longstanding parent-child relationship must be proven. Current NACC requirements look for at least three years of treatment as the applicant’s own child before the adoptee reached majority.
Is the biological parent’s consent always required?
Not always, but it cannot simply be
Quick answer
In the Philippines, a new domestic adoption case is generally filed administratively with the National Authority for Child Care (NACC) through the Regional Alternative Child Care Office (RACCO) where the prospective adoptive parent or parents reside—not with a trial court.
A qualified adopter must generally be at least 25 years old, possess full civil capacity, be of good moral character, have no conviction for a crime involving moral turpitude, be emotionally and psychologically capable of parenting, have sufficient means to support the child, and be at least 16 years older than the adoptee. The age-gap rule may be waived when the adopter is the adoptee’s biological parent or the spouse of that parent.
The process normally includes a pre-adoption forum, social-worker assessment, home and child case studies, verification of the child’s legal status, required consents, matching where applicable, supervised trial custody when recommended, filing and publication of a notarized petition, personal interviews or mandatory appearance, an NACC decision, and civil-registry registration.
The exact requirements and route depend on whether the case involves:
- A child who is legally available for adoption;
- A stepchild;
- A relative within the fourth civil degree;
- An adult adoptee;
- A foster child;
- A simulated birth record; or
- Prospective adoptive parents who habitually reside abroad.
The governing law is Republic Act No. 11642, the Domestic Administrative Adoption and Alternative Child Care Act, together with its Implementing Rules and Regulations and current NACC guidelines.
Domestic adoption is now primarily administrative
Republic Act No. 11642 took effect on January 28, 2022. It gave the NACC original and exclusive jurisdiction over domestic administrative adoption, adult adoption, the declaration that a child is legally available for adoption, inter-country adoption, foster care, and adoption involving qualified simulated-birth cases.
The Supreme Court has confirmed that the former judicial Rule on Domestic Adoption is generally ineffective for new domestic cases. It remains relevant principally to older court petitions that were not withdrawn during the transition. A person with an adoption case already pending in court should not file a duplicate administrative petition without first obtaining the appropriate court order and advice from the RACCO. See the Supreme Court’s revised domestic-adoption guidelines and its discussion of the transition in this 2025 decision.
Determine the correct adoption route first
| Situation |
Usual route |
| Adopting a Filipino child who has no available parental care |
Domestic administrative adoption through the RACCO and NACC |
| Adopting a spouse’s child |
Stepparent adoption through the RACCO and NACC |
| Adopting a relative within the fourth civil degree |
Relative adoption through the RACCO and NACC |
| Adopting a Filipino adult who was raised as the adopter’s child |
Adult adoption through the RACCO and NACC |
| Correcting a simulated birth record made before March 29, 2019 |
Special process under Republic Act No. 11222, initially filed with the appropriate city or municipal social welfare office |
| Adopter is a foreign national or Filipino habitually residing abroad, with adoption and trial custody to occur abroad |
Inter-country adoption through the receiving country’s Central Authority or NACC-accredited Foreign Adoption Agency |
| Old adoption petition remains pending in court |
Obtain advice on withdrawal, dismissal, or continued court processing before taking further action |
Living with, supporting, or informally raising a child does not by itself create a legal parent-child relationship. A private agreement, affidavit, barangay certification, school record, or authorization to care for a child is not a substitute for an Order of Adoption.
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 and capable of modeling it;
- Have no conviction for a crime involving moral turpitude;
- Be emotionally and psychologically capable of caring for a child;
- Be at least 16 years older than the adoptee; and
- Be able to support and care for the child according to the family’s means.
The 16-year age difference may be waived when the adopter is the adoptee’s biological parent or the spouse of that parent.
A legal guardian may adopt a ward only after the guardianship has been terminated and the guardian’s financial accountabilities have been cleared.
Married applicants
Spouses must ordinarily adopt jointly. The statutory exceptions are:
- One spouse adopts the legitimate child of the other;
- One spouse adopts their own nonmarital child, with the other spouse’s consent; or
- The spouses are legally separated.
An unmarried person may apply individually if otherwise qualified. Two unmarried partners cannot file as spouses for a joint adoption.
Foreign nationals residing in the Philippines
A foreign national may qualify for domestic adoption if the person:
- Is a permanent or habitual resident of the Philippines for at least five years before filing;
- Meets substantially the same personal qualifications required of a Filipino adopter;
- Comes from a country with diplomatic relations with the Philippines; and
- Shows that the adopter’s country will recognize the NACC adoption, treat the adoptee as the adopter’s legal child, and permit the child’s entry as an adoptee.
The five-year residence requirement may be waived in limited cases identified by law, including certain former Filipino citizens adopting a close relative, a person adopting the legitimate child of a Filipino spouse, and a foreigner jointly adopting with a Filipino spouse that spouse’s relative within the fourth civil degree.
Foreign-issued public documents generally must be properly authenticated or apostilled. Immigration, citizenship, recognition, and entry requirements should be checked with the receiving country before filing.
Who may be adopted?
Republic Act No. 11642 permits the adoption of:
- A child covered by a Certificate Declaring a Child Legally Available for Adoption or CDCLAA;
- The legitimate child of one spouse by the other spouse;
- A nonmarital child whose status will be improved through adoption;
- A qualified Filipino adult;
- A foster child;
- A person whose earlier adoption was rescinded;
- A relative of the adopter; or
- A child whose biological or adoptive parents have died, subject to the statutory waiting period.
No adoption proceeding for a child whose biological or adoptive parents have died may be initiated until six months after their death.
Adult adoption
A Filipino adult may be adopted if the required parent-child relationship existed before the adoption. Although the statutory text refers to treatment as the adopter’s own child for at least three years before adoption, the current NACC adult-adoption requirements call for proof that the adult was consistently considered and treated as the adopter’s child for at least three years before reaching the age of majority.
Useful evidence may include old family photographs, school and medical records, barangay certifications, proof of residence, support records, correspondence, and documents showing that the person was publicly and consistently treated as part of the family. Adult adoption cannot be used merely as a shortcut for changing a surname or creating inheritance rights where the required parent-child history did not exist.
When is a CDCLAA required?
A CDCLAA is the NACC’s final administrative declaration that a child is legally available for adoption. It ordinarily ends the biological parents’, guardian’s, or prior custodian’s authority over the child.
A CDCLAA is generally necessary for a child who is abandoned, neglected, found, voluntarily committed, or involuntarily committed. It is not ordinarily required for stepparent, relative, or adult adoption, although the NACC must still verify the adoptee’s identity, family circumstances, and legal status.
For a voluntary commitment, biological parents must receive counseling and be given three months to reconsider their decision. No binding commitment to an adoption plan may be made before the child’s birth.
Do not personally arrange for an unrelated child to be permanently handed over to you. Republic Act No. 11642’s special coverage of independently placed children applies to children already in the custodian’s care before the law took effect. New placements should be coordinated with the RACCO, a local social welfare office, or a duly licensed child-placing agency.
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, subject to statutory exceptions;
- The adopter’s legitimate and adopted children who are at least 10 years old;
- The adopter’s nonmarital children who are at least 10 years old, if living with the adopter or under the adopter’s parental authority;
- The spouse of the adopter, if applicable; and
- The spouse of the adoptee, if applicable.
A child below 10 must still be counseled and consulted in an age-appropriate manner, although the child does not execute the statutory written consent.
Consent should be signed only after counseling and in the presence of the appropriate adoption social worker. A missing parent’s consent cannot simply be replaced by an informal affidavit saying the parent cannot be found. The social worker may require documented search efforts, death records, custody documents, a CDCLAA, or other proof appropriate to the facts.
Core documentary requirements
The RACCO may require additional documents based on the adoption category and the facts. The usual core file includes:
- A notarized Petition for Adoption using the current NACC form;
- A social case study report, or separate home and child case study reports, prepared by an authorized adoption social worker;
- PSA or properly authenticated birth records of the adopter or adopters and adoptee;
- PSA marriage certificate or CENOMAR, as applicable;
- Final court records concerning annulment, nullity, legal separation, divorce, guardianship, custody, or an earlier adoption case;
- NBI, police, or court clearances, as required;
- The CDCLAA, when applicable;
- Death certificates of biological or adoptive parents, when applicable;
- Medical evaluations of the applicants and child;
- Psychological evaluation of the applicants;
- Psychological evaluation of a child who is at least five years old, subject to the applicable category and current NACC assessment;
- Required written consents;
- A child-care plan naming at least three possible temporary custodians if the applicants die, become absent, or become incapacitated;
- At least three character-reference letters from unrelated persons, with their contact information;
- Recent close-up and whole-body photographs of the applicants and adoptee;
- Proof of financial capacity, such as an income tax return, certificate of employment and compensation, bank certificate, business permit, or other acceptable evidence;
- Certificate or certificates showing completion of the required pre-adoption forum, training, and counseling;
- Proof of publication;
- Pre-Adoption Placement Authority and post-placement report, when applicable; and
- Proof of diligent efforts to locate a biological parent or relative, when required.
Under the NACC Citizen’s Charter 2026, social case studies and medical evaluations are generally expected to be recent, commonly within six months, while psychological evaluations are generally accepted within two years. Photographs are generally required to have been taken within six months. Confirm validity periods with the handling social worker before paying for examinations or clearances.
Step-by-step domestic adoption process
1. Contact the correct service provider
Begin with the RACCO for your region. You may also coordinate with an authorized adoption social worker, the city or municipal social welfare office, or a duly licensed child-placing agency. NACC’s prospective-adoptive-parent guide explains the initial application process.
Ask for the checklist specific to regular, relative, stepparent, adult, foster-child, or simulated-birth adoption. Do not rely on an old checklist prepared under the repealed judicial system.
2. Attend the pre-adoption forum
Prospective adoptive parents must undergo the required forum, counseling, and training. Topics normally include legal effects, attachment and adjustment, the child’s identity, adoption disclosure, and realistic parenting responsibilities.
Keep every attendance certificate because the petition checklist may require separate certificates for different sessions.
3. Complete the social-worker assessment
The adoption social worker conducts interviews, home visits, document verification, and the required home and child case studies. The assessment considers the applicants’ motives, health, family relationships, parenting capacity, finances, support system, and ability to meet the particular child’s needs.
Applicants should disclose prior marriages, children, criminal or administrative cases, health conditions, financial obligations, earlier adoption applications, and existing custody arrangements. A concealed fact can cause delay or denial even if the fact would not necessarily have disqualified the applicant when properly explained.
4. Establish the child’s legal status
For a regular adoption, the child usually must first be declared legally available for adoption. The NACC, RACCO, local government, or licensed agency must undertake the required biological-family search, counseling, case assessment, and CDCLAA process.
A private custodian cannot personally obtain a CDCLAA merely by asking a biological parent to sign away parental authority.
5. Matching, placement, and trial custody
Regular adoption of a legally available child ordinarily involves matching by the regional or interregional child-placement committee. Matching is based on the child’s needs and best interests—not on treating children as choices from a catalogue.
The matching process is generally scheduled 30 calendar days after issuance of the CDCLAA or at the next applicable matching conference.
Stepparent, relative, and adult cases do not undergo ordinary matching when the adoptee and applicants have lived in the same household for at least two years. If that condition is not met, additional presentation or assessment may be required.
After an approved match, the RACCO may issue a Pre-Adoption Placement Authority. Supervised trial custody, when recommended, may last up to six months and is monitored monthly. It may be shortened or waived in appropriate regular cases and may be waived in stepchild, relative, infant, or adult cases—but only upon the adoption social worker’s assessment and recommendation.
6. File the petition
The applicants sign and swear to the petition and file it, with the complete original supporting documents, at the RACCO for the region where they reside. The 2026 Citizen’s Charter calls for two sets: one original and one photocopy.
The petition must disclose the applicants’ qualifications, the material family history, the legal basis for adoption, and the proposed name of the adoptee, if a change is requested.
7. Publish the petition
Once the RACCO accepts the petition for processing and issues the publication order, a copy must be published once a week for three successive weeks in a newspaper of general circulation.
Follow the wording and publication instructions exactly. Preserve the newspaper pages, official receipt, affidavit or certificate of publication, and the RACCO’s publication order.
8. Attend the mandatory appearance and interviews
The RACCO conducts personal interviews or a mandatory appearance involving the applicants, adoptee, and handling social worker. Clarificatory proceedings may be scheduled if documents conflict or further facts are needed.
Applicants are generally required to appear personally at least twice during the application period. Missing a scheduled appearance or submitting inconsistent information may suspend processing.
9. RACCO review and NACC decision
The statutory administrative review includes:
- RACCO review within 15 working days from filing, excluding periods suspended for missing information;
- Review by the Deputy Director for Services within 15 working days after receiving the RACCO recommendation; and
- Action by the Executive Director within 15 working days after the petition is forwarded for final approval.
The law states that a domestic adoption case should be decided within 60 calendar days from the Deputy Director for Services’ receipt of the RACCO recommendation. This is not a guaranteed total time from the applicant’s first inquiry. Document preparation, CDCLAA proceedings, matching, trial custody, publication, applicant compliance, further investigation, and external civil-registry work occur outside or may suspend that decision period.
10. Register the adoption and obtain the new birth certificate
If adoption is granted, the NACC issues an Order of Adoption stating the adoptee’s legal name. The adopter must submit a certified true copy to the civil registrar where the adoptee was originally registered within 30 calendar days from receipt, following the NACC’s finality and registration instructions.
The civil registrar seals the original record and issues an amended certificate of live birth showing the adopter or adopters as the parents. The new certificate must not bear a notation revealing that it is amended.
Continue coordinating with the RACCO until the Certificate of Finality, local civil-registry registration, and PSA copy are completed. Do not assume that receiving the Order of Adoption automatically updates the PSA database.
Special cases
Stepparent adoption
The stepparent must be legally married to the child’s biological parent. The other biological parent’s consent or legally sufficient proof explaining why consent is unavailable is ordinarily required. Custody, legitimacy, recognition of paternity, death, and prior marriage records can materially affect the case.
See NACC’s current stepparent-adoption checklist.
Relative adoption
A “relative” for this process generally means a person within the fourth civil degree of consanguinity or affinity. The social worker will require civil-registry documents establishing every link in the claimed relationship.
Relative adoption remains a legal adoption, not merely a confirmation that a grandparent, aunt, uncle, or other relative has been caring for the child. See the NACC relative-adoption requirements.
Simulated birth records
Simulation of birth means making a civil-registry record falsely show that a person who did not give birth is the child’s biological mother.
Republic Act No. 11222 provides a limited rectification and adoption process for qualifying simulations made before March 29, 2019. Among other conditions, the child must have been consistently treated as the applicant’s own and must have been in the applicant’s care for at least three years before the law took effect.
The application must be filed within 10 years from the law’s effectivity, which points to a deadline of March 29, 2029. It is initially filed with the city or municipal Social Welfare and Development Office where the child resides. Because eligibility for amnesty and rectification is highly fact-dependent, contact the office well before the deadline.
The special law does not authorize a person to create a simulated birth record now.
Inter-country adoption
When the prospective adoptive parents habitually reside abroad and the placement, trial custody, and final adoption will occur outside the Philippines, the case generally proceeds under Republic Act No. 8043, as amended, and the Hague inter-country adoption system.
Applications must be routed through the Central Authority or an NACC-accredited Foreign Adoption Agency in the applicants’ country of residence. Applicants should not try to bypass that authority by filing directly with a Philippine RACCO. Inter-country placement is a last resort after appropriate domestic-placement efforts.
The statutory qualifications include being at least 27 years old, ordinarily at least 16 years older than the child, legally eligible to adopt under the applicants’ national law, free from conviction for a crime involving moral turpitude, capable of supporting the child, and properly counseled. Married applicants generally apply jointly.
Costs and legal assistance
The NACC Citizen’s Charter lists no RACCO filing fee for the ordinary domestic petition-processing steps, but applicants may still incur costs for:
- PSA documents;
- Clearances;
- Medical and psychological evaluations;
- Notarization and court-issued notarial certification;
- Apostille or authentication;
- Newspaper publication;
- Professional or agency services; and
- Civil-registry copies and related incidental expenses.
There is no single lawful “package price” for adopting a child. Never pay a biological parent, intermediary, institution, or online seller in exchange for a child or consent.
Qualified indigent applicants may seek free legal assistance, including appropriate notarization support, from the Public Attorney’s Office. Socialized fees may also be available in appropriate cases.
Evidence to preserve
Create both a physical and a secure digital file containing:
- Every PSA and local civil-registry record;
- Marriage, death, divorce, annulment, custody, and guardianship records;
- Proof of residence and household composition;
- School, medical, baptismal, and insurance records showing the child’s history;
- Dated photographs showing the family relationship over time;
- Proof of financial support and caregiving;
- Communications with biological parents or relatives;
- Records of lawful efforts to locate a missing parent;
- Counseling records and written consents;
- Social-worker reports and home-visit notices;
- The CDCLAA, PAPA, placement, and matching documents;
- Petition-stamped receiving copies;
- Publication order, clippings, receipts, and affidavit of publication;
- RACCO and NACC notices, emails, and compliance submissions; and
- The Order of Adoption, Certificate of Finality, civil-registrar acknowledgment, and new PSA birth certificate.
Do not post confidential adoption papers, the child’s history, or biological-family information on social media. Adoption records are protected by statutory confidentiality rules.
Common mistakes to avoid
- Filing in court instead of with the RACCO for a new domestic case;
- Using obsolete requirements under Republic Act No. 8552;
- Treating an informal custody arrangement as an adoption;
- Privately arranging the placement of an unrelated child;
- Paying or promising money in exchange for the child or consent;
- Asking a biological parent to sign before counseling or before birth;
- Failing to disclose an existing spouse, child, prior petition, criminal case, or custody dispute;
- Obtaining medical, psychological, or clearance documents too early and allowing them to expire;
- Using foreign documents without the required apostille or authentication;
- Assuming that stepparent or relative adoption needs no consent or social-worker assessment;
- Missing publication instructions, personal appearances, or compliance deadlines; and
- Failing to register the final Order of Adoption with the correct civil registrar.
Republic Act No. 11642 penalizes coercive or fraudulent consent, improper material inducement, bypassing adoption safeguards, and exposing a child to danger, abuse, or exploitation. The penalty may include imprisonment of six years and one day to 12 years, a fine of ₱50,000 to ₱200,000, or both. Simulation of birth is separately punishable by imprisonment of eight years and one day to 10 years and a fine of up to ₱50,000, subject to the limited relief available for qualifying historical cases under Republic Act No. 11222.
When legal help is urgent
Seek immediate assistance from the RACCO, NACC, PAO, or a Philippine family-law lawyer if:
- Someone is selling, offering, or privately brokering a child;
- Consent was obtained through payment, threats, pressure, deception, or exploitation;
- The child may have been abducted, trafficked, or unlawfully separated from family;
- A biological parent disputes the placement or wants the child returned;
- The identity or location of a biological parent is uncertain;
- The birth certificate was simulated or contains false parentage;
- A custody, guardianship, paternity, or adoption case is already pending in court;
- The applicants or child will move abroad during the process;
- The NACC has denied the petition; or
- A deadline for reconsideration, appeal, or simulated-birth rectification is approaching.
A motion for reconsideration of an adoption denial may be filed with the NACC within 15 calendar days. The law also provides a short 10-day period for judicial recourse to the Court of Appeals in applicable cases. Because the correct remedy can depend on the particular order and NACC’s internal appeal structure, obtain advice immediately rather than assuming that one filing suspends another deadline.
Legal effects of adoption
Once the Order of Adoption becomes effective:
- The adoptee becomes the adopter’s legitimate child for all legal purposes;
- The adopter obtains full parental authority;
- Legal ties with the biological parents are generally severed, except when the biological parent is the adopter’s spouse;
- The adopter and adoptee acquire reciprocal succession rights equivalent to legitimate filiation;
- The legal relationship extends to specified members of the adopter’s family; and
- The adoptee receives a new birth certificate bearing the adopter’s surname, consistent with the child’s best interests.
Adoptive parents must disclose the adoption to the child in an appropriate and supportive manner. Republic Act No. 11642 requires disclosure before the adoptee reaches 13 years old.
After finalization, the handling social worker monitors the family’s adjustment. A closing report is ordinarily prepared after a one-year after-care period, although additional monitoring may be required.
An adopter cannot simply cancel or rescind the adoption. Rescission may be sought by the adoptee on limited statutory grounds involving serious misconduct by the adopter, such as repeated maltreatment, an attempt on the adoptee’s life, or abandonment and failure to perform parental obligations.
Frequently asked questions
Can a single Filipino adopt?
Yes. A single applicant may adopt if all legal qualifications are met and the adoption serves the child’s best interests.
Do adoptive parents have to be wealthy?
No fixed minimum income applies to ordinary domestic adoption. Applicants must show stable and sufficient capacity to support the child according to the family’s means and the child’s needs.
Can grandparents or other relatives adopt a child they already raise?
Yes, if qualified. The relationship and existing care arrangement may simplify matching or trial custody, but a formal NACC adoption process is still required.
Can I adopt my spouse’s child without the other biological parent’s consent?
Not automatically. Consent, death records, proof of legal custody, documented search efforts, or another legally sufficient basis may be required depending on the child’s status and the other parent’s circumstances.
Can an adult be adopted just to use the adopter’s surname?
Not on that fact alone. Adult adoption requires a genuine, documented parent-child relationship meeting the statutory and current NACC requirements.
Does years of caregiving automatically make me the legal parent?
No. Caregiving, financial support, or use of your surname does not transfer parental authority or create legitimate filiation without a lawful Order of Adoption.
How long does adoption take?
There is no dependable single end-to-end period. The NACC’s 60-calendar-day decision period begins only after the Deputy Director receives the RACCO’s recommendation. Preparation, child-status proceedings, matching, trial custody, publication, missing documents, and further investigation can substantially extend the total time.
Is a lawyer mandatory?
The law does not make private counsel a universal requirement, but legal assistance is prudent when parentage, consent, custody, foreign residence, simulated birth, a pending court case, or an appeal is involved. Qualified applicants may ask PAO for assistance.
Official sources and assistance
This article provides general Philippine legal information, not legal advice for a particular family or child. Requirements and outcomes depend on the records, relationships, residence, consent, and legal status involved. Sources and procedures were checked as of August 1, 2026.