How to Adopt a Child in the Philippines Under RA 11642

RA 11642, the Domestic Administrative Adoption and Alternative Child Care Act, moved domestic adoption from the courts to an agency. It:

• reorganized the Inter-Country Adoption Board into the National Authority for Child Care (NACC), attached to the DSWD (Section 5);
• gave the NACC original and exclusive jurisdiction over alternative child care, including declaring a child legally available for adoption, domestic administrative adoption, adult adoption, foster care and inter-country adoption (Section 6);
• repealed the old Domestic Adoption Act, RA 8552 (Section 62).

Judicial adoption cases still pending when the law took effect could be withdrawn so the parties could use the new process (Section 56). Rights acquired under earlier court adoptions are kept (Section 60).

The adoption articles of the Family Code (Articles 183 to 193) were replaced by these later adoption laws where inconsistent, so this page follows RA 11642.

Section 21 lists:

• A Filipino citizen at least 25 years old, with full civil capacity, of good moral character, not convicted of a crime involving moral turpitude, emotionally and psychologically able to care for children, able to support the child, and at least 16 years older than the child. The 16-year gap may be waived if the adopter is the child's biological parent or the spouse of the child's parent.
• The legal guardian of a ward, after the guardianship ends and the accounts are cleared, and legal guardians of a foster child.
• Government officials and employees posted abroad, if they can bring the child with them.
• Foreign nationals who have lived in the Philippines for at least 5 years and meet the same qualifications, under extra conditions. The residency rule can be waived in some relative and spouse cases.

Married couples must adopt jointly, except when one spouse adopts the other's legitimate child, when one spouse adopts his or her own illegitimate child with the other's consent, or when the spouses are legally separated.

Section 22 lists:

• a child with a certificate declaring the child legally available for adoption (CDCLAA);
• the legitimate child of one spouse, adopted by the other spouse (step-parent adoption);
• an illegitimate child, adopted by a qualified adopter to improve the child's status of legitimacy;
• a Filipino of legal age who was treated by the adopters as their own child for at least 3 years before the adoption;
• a foster child;
• a child whose earlier adoption was rescinded;
• a child whose biological or adoptive parents have died, but not within 6 months of their death;
• a relative of the adopter.

The IRR says a child must be declared legally available for adoption first, except in relative, adult and step-parent adoption.

After counseling, written consent is required from (Section 23):

• the child, if 10 years old or over;
• the biological parents, if known, or the legal guardian or the agency with legal custody of the child;
• the adopter's legitimate and adopted children aged 10 or over;
• the adopter's illegitimate children aged 10 or over who live with the adopter;
• the spouse of the adopter or of the person to be adopted.

Children under 10 are counseled and consulted, but they do not sign a consent.

Section 24 lists the documents attached to the petition, including:

• the home study report and the child case study report;
• authenticated or security paper copies of the birth records of the adopters and the child, and of the marriage certificate if married (or the court decision, if annulled, divorced or legally separated). See How to get a PSA birth certificate online;
• an NBI or police clearance. See NBI clearance requirements;
• the written consents;
• medical results, and psychological evaluations of the adopters and of the child if 5 or older;
• a child care plan naming at least three temporary custodians;
• letters from at least three non-related character references;
• recent photos of the child and the adopters, taken within the last 6 months;
• documents showing financial capacity.

The NACC relative and step-parent adoption pages say attendance at a Pre-Adoption Forum of the RACCO is mandatory, and its Certificate of Attendance is a requirement.

In outline, based on RA 11642 and the NACC pages:

1. Ask the RACCO or NACC for an initial assessment and the schedule of the Pre-Adoption Forum. Attend it.
2. Prepare the documents and work with a social worker on the case study reports.
3. Supervised trial custody, if recommended: up to 6 months of living together, monitored monthly by the social worker (Section 29).
4. File the petition with the RACCO of the city or municipality where the adopters live (Section 31). A copy of the petition is published once a week for three weeks in a newspaper of general circulation.
5. Decision. There are no adversarial proceedings. The NACC decides within 60 calendar days from the time its Deputy Director for Services receives the RACCO's recommendation (Section 32). An Order of Adoption may be appealed to the Court of Appeals within 10 days (Section 35).
6. Register the order. The NACC pages say the adopter registers the Order of Adoption and its Certificate of Finality with the local civil registrar and then requests the new birth certificate from the PSA.

• New birth certificate. The civil registry issues an amended birth certificate with the adopter's surname. The new certificate "shall not bear any notation that it is an amended issue" (Section 37). The original record is sealed.
• Legitimate child. The adoptee is the legitimate child of the adopter "for all intents and purposes" (Section 41).
• [Parental authority](/law/glossary/parental-authority). The adopters get full parental authority. Legal ties with the biological parents are cut, except when the biological parent is the adopter's spouse (Section 42).
• Benefits. Adoptive parents get the same SSS, GSIS, PhilHealth, BIR and DOLE benefits as biological parents. Paid maternity or paternity leave must be used within 1 year of the Order of Adoption, and does not apply to adult adoption or when the child had already been in the adopter's care for at least 3 years (Section 36). See SSS maternity benefit.

Only by the adoptee. Section 47 allows rescission on the adoptee's petition, for repeated maltreatment despite counseling, an attempt on the adoptee's life, or abandonment. The adopter cannot rescind the adoption, but may disinherit the adoptee for the causes in Article 919 of the Civil Code.

Yes. Causing the false registration of a child's birth under the name of someone who is not the biological parent is simulation of birth. RA 11642 punishes it with imprisonment from 8 years and 1 day to 10 years and a fine of up to P50,000 (Section 54(b)). A separate law on rectifying simulated births exists, but this page does not cover it.

These are made-up examples to show how the rules work. They are not advice for any real case.

Carmen and Bea. Carmen marries Dan, whose daughter Bea, 12, was born in Dan's first marriage. Carmen files a step-parent adoption petition with the RACCO. No certificate of availability for adoption is needed (IRR), the 16-year gap can be waived because Carmen is the spouse of Bea's parent (Section 21), and Bea must give written consent because she is over 10 (Section 23). Dan, as Carmen's spouse, and Bea's other biological parent, if known, must also consent (Section 23).

Tita Rosa. Rosa, 45, has raised her niece since the girl's parents died. She attends the Pre-Adoption Forum and files a relative adoption petition at the RACCO where she lives (Sections 22 and 31).

Ana and Ben. This married couple is matched with a child declared legally available for adoption. After four months of supervised trial custody, they file the petition. Once the order is issued, the child gets a new birth certificate with their surname and no "amended" notation (Section 37).

The process is administrative, with no adversarial proceedings (Section 32). Talk to a lawyer if the biological parents object, if you want to appeal an order, if the child's birth was simulated, or if the adoption involves another country. If the child is your own child born outside marriage, see also How to legitimate a child.

Under Section 40, the Public Attorney's Office (PAO) gives free legal help, including notarization, to qualified adopters when warranted. For other options, see Free legal help in the Philippines.