Requirements for Adoption in the Philippines

Disclaimer: The following information is provided for general educational purposes and does not constitute legal advice. Adoption laws and procedures may be subject to updates or interpretations by courts and government agencies. If you are considering adoption in the Philippines, consult a qualified lawyer or contact the Department of Social Welfare and Development (DSWD) or the Inter-Country Adoption Board (ICAB) for the most current and personalized guidance.

1. Introduction

Adoption in the Philippines is a legal process that establishes a parent-child relationship between individuals who are not biologically related. The legislative framework aims to protect the welfare of the child and ensure that adoptive parents meet certain qualifications. Two primary statutes govern adoption in the Philippines:

  1. Republic Act No. 8552 (“Domestic Adoption Act of 1998”) – governs domestic adoption, where both the adopters (prospective adoptive parents) and the adoptee (child) are Filipino citizens, and the adoption is completed within the Philippines.
  2. Republic Act No. 8043 (“Inter-Country Adoption Act of 1995”) – governs inter-country adoption, where a Filipino child is adopted by persons of other nationalities or by Filipino citizens who live permanently abroad.

Additional laws, rules, and regulations—such as Republic Act No. 9523 (which requires a Certification Declaring a Child Legally Available for Adoption or CDCLAA) and pertinent administrative issuances by the DSWD—further clarify and supplement adoption requirements and procedures.

2. Key Philippine Laws Governing Adoption

2.1. Republic Act No. 8552 (Domestic Adoption Act of 1998)

  • Establishes the legal requirements and processes for domestic adoption.
  • Emphasizes the best interest of the child, ensuring proper screening of prospective adoptive parents (PAPs).

2.2. Republic Act No. 8043 (Inter-Country Adoption Act of 1995)

  • Covers the requirements and procedures for children to be adopted by parents overseas.
  • Designates the Inter-Country Adoption Board (ICAB) as the central authority for matters related to inter-country adoption.

2.3. Republic Act No. 9523

  • Requires the issuance of a Certificate Declaring a Child Legally Available for Adoption (CDCLAA) by the DSWD before any adoption proceedings can commence.
  • Specifies the process for declaring a child “legally available for adoption,” particularly in cases of voluntary or involuntary commitment.

3. Domestic Adoption Requirements

Under RA 8552 and pertinent DSWD guidelines, the following conditions generally apply for domestic adoption in the Philippines:

3.1. Who May Adopt

  1. Filipino citizens:

    • Of legal age (at least 21 years old).
    • At least 16 years older than the child to be adopted, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent.
    • Possesses full civil capacity and legal rights.
    • Of good moral character, with no criminal or administrative offenses involving moral turpitude.
    • Emotionally and psychologically capable of caring for children.
    • Financially stable and able to support the child’s needs.
    • Not convicted of any crime involving moral turpitude.

  2. Alien (foreigner) with permanent residency in the Philippines may also adopt, subject to additional requirements:

    • Has lived in the Philippines for at least 3 continuous years prior to filing the application for adoption.
    • Possesses a genuine intention to reside in the Philippines after adoption.
    • Has been certified by the diplomatic or consular office or any appropriate government agency in the home country to have legal capacity to adopt.
    • Satisfies other requirements under Philippine law and the foreign law of the alien’s home country.

  3. Joint adoption by married spouses:

    • Must jointly adopt, except when one spouse is the adoptee’s biological parent.

3.2. Who May Be Adopted

A child or individual may be adopted if:

  1. He or she is below 18 years of age and has been voluntarily or involuntarily committed to the DSWD or a duly licensed child-caring or child-placing agency.
  2. The child’s status is legally available for adoption, evidenced by a Certificate Declaring a Child Legally Available for Adoption (CDCLAA).
  3. A legitimate child (18 years old or older) of one spouse by the other spouse (i.e., stepchild adoption).
  4. An illegitimate child (18 years old or older) by a qualified adopter to improve status or legitimize filiation.
  5. A person of legal age (over 18 years old) under certain conditions (e.g., if such person is a child of the adopter's spouse, or was placed under the adopter’s care as a minor, etc.).

3.3. Steps in Domestic Adoption

  1. Application and Submission of Requirements:

    • Prospective adoptive parents (PAPs) typically submit a written application to the DSWD or a licensed adoption agency.
    • Documents often required:
      • Birth certificates of PAPs, marriage certificate (if married).
      • Income tax returns, proof of income or financial stability.
      • Medical certificate indicating fitness.
      • Clearances (NBI/police clearances).
      • Psychological evaluation (in some cases).

  2. Home Study Report (HSR):

    • A licensed social worker from the DSWD or a child-placing agency is assigned to conduct a home study.
    • The home study assesses the PAPs’ capacity and suitability to adopt (financial stability, moral integrity, emotional readiness, family environment, etc.).

  3. Matching / Child Study Report:

    • Once the PAPs are approved, the DSWD or the accredited agency matches them with a child.
    • The child’s details, background, and needs are evaluated against the PAPs’ capabilities.

  4. Pre-Adoption Placement and Trial Custody:

    • After a successful match, the child may be placed under the custody of the PAPs for a supervised period (usually 6 months).
    • During this time, social workers monitor the child’s adjustment and the family’s ability to care for the child.

  5. Petition for Adoption in Court:

    • The PAPs file a petition for adoption in the Family Court having jurisdiction.
    • The court reviews all documents, including the Home Study Report and the Child Study Report.

  6. Decree of Adoption:

    • If the court is satisfied that all legal requirements are met and that the adoption is in the best interest of the child, it issues a Decree of Adoption.
    • The court also issues an Entry of Judgment and directs the issuance of a new birth certificate by the Philippine Statistics Authority (PSA), bearing the adoptive parents as the child’s legal parents.

  7. Post-Adoption Services:

    • Post-adoption visits or counseling may be required to ensure the child’s welfare and the family’s adjustment.

4. Inter-Country Adoption Requirements

When a Filipino child is adopted by foreign nationals (or by Filipino citizens permanently residing abroad), Republic Act No. 8043 (Inter-Country Adoption Act) and the policies of the Inter-Country Adoption Board (ICAB) apply.

4.1. Who May Adopt Internationally

  • Foreigners or Filipinos who are permanently residing abroad and who meet the qualifications set by ICAB.
  • Must be at least 27 years old and at least 16 years older than the child.
  • Must be eligible to adopt under their national law and must pass ICAB’s eligibility checks.
  • Must undergo a home study by a licensed adoption agency in their country of residence.
  • Must obtain the necessary clearances from their home country (police clearances, child abuse clearance, etc.).

4.2. Who May Be Adopted Internationally

  • A Filipino child who:
    • Is below 15 years old (some exceptions apply if adopting older children or children with special needs).
    • Is declared legally available for adoption by the DSWD (CDCLAA issued).
    • Has no potential adoptive parents within the Philippines willing or suitable to adopt the child.

4.3. Steps in Inter-Country Adoption

  1. Application in Country of Residence:

    • Prospective adoptive parents file an adoption application through a Central Authority or accredited agency in their home country.

  2. Home Study in the Receiving Country:

    • A licensed social worker in the PAPs’ home country conducts the home study and compiles the supporting documents.

  3. Submission to the Inter-Country Adoption Board (ICAB):

    • The completed home study report and documents are submitted to the ICAB in the Philippines for approval.

  4. Matching:

    • ICAB matches the PAPs with a child who is legally available for adoption and best suited for placement in their family.

  5. Pre-Travel Requirements:

    • Upon acceptance of the child referral, PAPs process the child’s travel documents, visa, etc.

  6. Post-Placement Reports:

    • Once the child is placed with the PAPs (abroad), follow-up reports may be required by ICAB to ensure proper adjustment and care.

  7. Finalization of Adoption:

    • Depending on the receiving country’s laws, the adoption may be completed either in the Philippines or in the receiving country. ICAB supervises and coordinates to ensure the process is valid and in the child’s best interest.

5. Special Types of Adoption

  1. Relative Adoption:

    • Adoption of a child by a close relative. The same legal requirements apply, but certain steps (e.g., matching) might be modified if the prospective adoptive parents already know or are related to the child.

  2. Stepchild Adoption:

    • Spouses adopting each other’s children to legitimize the child’s status and unify the family under the adoptive parent’s name.

  3. Adult Adoption:

    • Adopting a person over 18 years old, allowed under specific circumstances (e.g., to formalize a filial relationship that started during the adoptee’s minority). Requirements for consent are stricter, and court approval is needed.

6. Documentary Requirements

While specific documents can vary based on the type of adoption (domestic or inter-country), the following are generally required:

  • Petition for adoption or application letter.
  • Birth certificates (of the child, prospective adoptive parents, and any legitimate children of PAPs).
  • Marriage certificate (if applicable).
  • Certificate of No Marriage (CENOMAR) if single.
  • Medical certificates proving fitness to adopt and absence of communicable or debilitating diseases.
  • Police clearance/NBI clearance to demonstrate no criminal record.
  • Financial documents (income tax returns, bank statements, certificate of employment).
  • Home Study Report (HSR) by a licensed social worker.
  • Child Study Report (CSR) for the adoptee.
  • Certificate Declaring a Child Legally Available for Adoption (CDCLAA), if the child is orphaned, abandoned, or neglected.
  • Psychological evaluation (in some cases).

7. Legal Effects of Adoption

  1. Parental Authority:

    • Parental authority over the adoptee is vested in the adoptive parents as if the child were their biological offspring.

  2. Inherent Rights and Obligations:

    • The adopted child is entitled to the same rights as a legitimate child, including inheritance rights.
    • The adoptive parents assume all responsibilities of raising the adoptee, including financial, moral, and emotional support.

  3. Change of Name:

    • The adoptee may assume the surname of the adoptive parents.
    • A new birth certificate is issued under the name of the adoptive parents.

  4. Irrevocability:

    • Once the Decree of Adoption is final and executory, adoption is generally irrevocable except under extraordinary circumstances (e.g., if the adoption was obtained through fraud).

8. Post-Adoption Obligations and Considerations

  1. Post-Adoption Services:

    • Some agencies or the DSWD may require periodic post-adoption visits or reports to ensure the well-being of the child.

  2. Citizenship:

    • In domestic adoption, the adoptee remains a Filipino citizen unless a separate process is undertaken to change nationality (usually applicable in inter-country cases).

  3. Psychosocial Support:

    • Both parents and adoptees can benefit from counseling and support groups, especially during the adjustment period.

  4. Open vs. Closed Adoption:

    • Philippine law tends toward a “confidential” nature of adoption records, but post-adoption contact with the child’s biological relatives can be arranged on a case-to-case basis if it serves the best interest of the child and if both parties agree.

9. Common Challenges and Tips

  1. Lengthy Process:

    • Adoptions can be time-consuming, involving multiple clearances, court procedures, and a mandatory trial custody period. Advance preparation and organizational skills help.

  2. Legal Representation:

    • Hiring a lawyer experienced in family law can streamline the court petition phase.

  3. Financial Planning:

    • Adoption entails costs (e.g., administrative fees, lawyer’s fees, court fees). Plan for these expenses, as well as the long-term costs of raising a child.

  4. Emotional Readiness:

    • Adoption requires emotional maturity and readiness from the entire family. Pre-adoption counseling is highly recommended.

  5. Navigating Bureaucracy:

    • The DSWD, Family Courts, and other agencies each have specific roles. Patience and strict compliance with documentary requirements are essential.

10. Conclusion

Adoption in the Philippines is rooted in ensuring the best interest of the child and the readiness of adoptive parents. Whether pursuing a domestic or inter-country adoption, prospective adoptive parents must comply with the relevant laws, undergo a thorough evaluation by social workers, and secure approval from the Family Courts or the Inter-Country Adoption Board (ICAB). Once completed, adoption grants the adopted child the same rights and privileges as a biological child, solidifying a permanent parent-child relationship.

For the most accurate and updated information, consult:

Adoption, while often a challenging and lengthy journey, can be a rewarding path to building or expanding a family in the Philippines—providing a loving home to a child who needs it most.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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