Filing an Adoption Petition for Stepparent Adoption in the Philippines
(Updated to reflect recent legal developments, including Republic Act No. 11642)

Stepparent adoption—where a spouse adopts the child of his or her current husband or wife—is a common and important route to legalizing the familial bond in blended families. In the Philippines, adoption laws have evolved to streamline and ensure the best interest of the child is protected. Below is an overview of the legal landscape, requirements, and process for filing an adoption petition for stepparent adoption in the Philippine context.

1. Governing Laws and Recent Developments

Republic Act No. 8552 (The Domestic Adoption Act of 1998)
This law originally governed domestic adoption proceedings in the Philippines. It set out the requirements, procedures, and legal implications of adoption.
Republic Act No. 8043 (Inter-Country Adoption Act of 1995)
Relevant only for inter-country adoptions (i.e., when the adoptive parent(s) live abroad or when the child will be migrated). Not directly applicable to purely domestic stepparent adoptions, but useful to know in cross-border family situations.
Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act)
Enacted in 2022, RA 11642 introduced significant changes to the adoption process. One major shift is the transfer of primary adoption proceedings from the courts to an administrative process overseen by the National Authority for Child Care (NACC). The intent is to expedite and simplify the adoption process while preserving all safeguards for the child’s welfare.

Under RA 11642, judicial adoption (the court-centric process) is largely replaced by an administrative adoption system. However, transitional provisions may still mean that cases already in the judicial pipeline continue in court. Moving forward, new adoption petitions (including stepparent adoption) are generally filed administratively with the NACC.

2. Stepparent Adoption Defined

A stepparent adoption occurs when one spouse (the adoptive parent) adopts the legitimate or illegitimate child of the other spouse (the child’s biological or adoptive parent). The goal is to create a legal parent-child relationship between the stepparent and the child, solidifying inheritance rights, parental authority, and other legal consequences of a parent-child relationship.

3. Qualifications and Requirements

3.1. Who May Adopt

Under Philippine law (as refined by RA 8552 and RA 11642), the prospective adoptive parent must:

Be of Legal Age. Adopters must be at least 21 years old and at least 16 years older than the adoptee.
- Exception: If the adoptive parent is the biological parent’s spouse (i.e., a stepparent), the 16-year age gap may not strictly apply; however, the adopter must still be of legal age and in a position to exercise parental authority.
Possess Full Civil Capacity and Legal Rights. There must be no legal impediments to exercising parental authority over a child.
Have a Genuine Intent and Capability to Care for the Child. The stepparent must have the means (financial, emotional, and otherwise) and the sincere desire to provide for the child’s well-being.
Undergo a Home Study and Pre-Adoption Counseling. Although stepparent adoptions are sometimes given a simplified process, a home study or its functional equivalent may still be required to ensure the child’s best interests.
Good Moral Character. The adopting stepparent should not have a criminal record involving moral turpitude or offenses that threaten child welfare.

3.2. Who May Be Adopted

In the Philippines, the child to be adopted (the “adoptee”) must:

Be Below 18 Years Old at the time of the petition, unless physically or mentally incapable of self-support.
Be Legitimate, Illegitimate, or Legally Freed for Adoption. In a stepparent adoption, usually the child is the biological or legally adopted child of one spouse, and the other spouse (the stepparent) seeks to adopt.
Consent Requirements:
- If the child is 10 years old or above, the child’s written consent is required.
- The written consent of the child’s biological or legal parents is required, unless such parent(s) has been legally deprived of parental rights.

3.3. Consent of the Spouse

For a stepparent adoption, written consent of the biological or adoptive parent (the stepparent’s spouse) is necessary. Additionally, if the spouse has legally lost parental rights or cannot be located after diligent search, the law provides procedures for dispensing with or substituting that consent.

4. Step-by-Step Procedure Under RA 11642

While the process was previously coursed through Family Courts under RA 8552, the Domestic Administrative Adoption and Alternative Child Care Act (RA 11642) centralizes adoption under the National Authority for Child Care (NACC). Below is a general outline:

4.1. Initial Inquiry and Consultation

Visit the NACC or the Local Social Welfare and Development Office (LSWDO) in your city or municipality.
Obtain pre-adoption counseling to understand requirements, rights, and responsibilities.

4.2. Preparation of Documents

Commonly required documents include:

Application Form from the NACC or LSWDO.
Birth Certificate of the Child (PSA copy).
Marriage Certificate of the adopting stepparent and the biological (or adoptive) parent.
Proof of Financial Capacity (e.g., income tax returns, payslips, certificate of employment, bank statements).
Medical Certificates (for both stepparent and child, verifying general physical and mental fitness).
Clearances: NBI Clearance (for the stepparent), Barangay Clearance, Police Clearance.
Affidavit of Consent from the child (if 10 years old or above).
Affidavit of Consent from the spouse/biological parent and, if applicable, from the child’s other biological or legal parent (unless parental rights are terminated or that parent is deceased or missing).

4.3. Submission of the Petition/ Application

Under the administrative adoption process, instead of filing a petition in court, the stepparent files an application with the NACC. The NACC or its designated office will review the application for completeness and compliance with legal requirements.

The Home Study Report (HSR) or a functional equivalent may be done by a licensed social worker assigned by the NACC or the local Social Welfare and Development Office. This report evaluates the environment, motivation, and capacity of the adopting stepparent.

4.4. Evaluation and Matching (If Applicable)

In a typical domestic adoption (non-stepparent), matching is a formal procedure. For stepparent adoption, the “matching” step is usually not necessary because the child is already in the custody or care of one of the spouses. However, the NACC still evaluates whether the adoption is in the child’s best interest.

4.5. Post-Evaluation Proceedings and Final Decree

Once the NACC finds the adoption in order:

The NACC issues a written approval or a recommendation for the issuance of the Certificate of Adoption.
The child is considered legally adopted once the Certificate of Adoption is issued and registered with the Local Civil Registry and the Philippine Statistics Authority (PSA).
The child’s amended birth certificate or record of birth will reflect the adopting stepparent as the child’s parent (alongside the biological parent).

5. Legal Effects of Adoption

When the stepparent adoption is finalized:

Parent-Child Relationship: A legal parent-child relationship is established between the child and the stepparent, conferring mutual rights and obligations (including inheritance rights).
Parental Authority: The adopting stepparent and the biological (or adoptive) parent jointly exercise parental authority.
Child’s Surname: The adoptee may carry the surname of the stepparent, subject to the laws on name changes. Typically, in stepparent adoptions, the child’s surname might follow that of the adopting father, or it may remain the same if that’s the child’s or family’s preference—consistent with the best interest of the child.
Successional Rights: The adopted child has the same rights as a legitimate child concerning inheritance from the adopting stepparent.

6. Common Issues and Considerations

Consent of the Other Biological Parent: If the child’s other biological parent is still alive and has not been judicially deprived of parental authority, that parent’s consent is generally required. If the other parent cannot be located, the NACC or the social worker will guide the stepparent in proving a diligent search and/or obtaining a court order dispensing with consent.
Child’s Preference: For children 10 years or older, the adoption cannot proceed without the child’s written consent. Courts and administrative authorities in the Philippines have repeatedly stressed the child’s best interests and assent.
Timeframe: While RA 11642 aims to speed up the process, administrative timelines can vary depending on the completeness of documentation, the availability of social workers, and any complications (like finding the absent parent).
Legal Counsel: Although the new law simplifies procedures, seeking the advice of a lawyer or a reputable adoption consultant can help ensure that all documents are correctly prepared and filed.

7. Post-Adoption Responsibilities

Integration and Adjustment: Even if the child has been living with the stepparent for a while, formalizing the legal relationship can create emotional and psychological changes. Positive communication helps in the child’s sense of belonging and stability.
Compliance with Reporting (If Required): The NACC may require post-adoption reports (though this is more common in international adoption).
Updating Records: Once the Certificate of Adoption is issued, it should be registered with the Local Civil Registry and the PSA to update the child’s birth certificate. The new birth certificate reflecting the adoptive parent’s details will be issued in due course.

8. Conclusion

Stepparent adoption in the Philippines is a powerful way to unify blended families, granting the child a more secure and recognized position in the adoptive parent’s life. Recent legislative changes—particularly the shift from a judicial to an administrative process under RA 11642—aim to make the adoption process more efficient while maintaining safeguards for the child’s well-being.

If you are considering stepparent adoption, begin by consulting with the National Authority for Child Care (NACC) or your local Social Welfare and Development Office. Gather the necessary documents early, ensure the consent of all required parties, and be prepared for a home study and evaluation. Although the administrative route is designed to be more streamlined, professional advice—from social workers and, if needed, legal counsel—remains invaluable in navigating the specifics of each family’s circumstances.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Laws and implementing rules can change, and application procedures may vary. For personalized guidance, consult a Philippine-licensed attorney or reach out directly to the National Authority for Child Care.