Concern (translated to English):
"Hi, I would like to ask if I can adopt my partner’s child. I have been taking care of the child since they were a baby, and the biological father only showed involvement during the first two months. After that, the father has not been in contact at all. What is the process for adoption, and where can I go to the nearest Department of Social Welfare and Development (DSWD) office to facilitate the adoption process? Thank you."

∇ Legal Contemplator

1. Starting with Initial Observations

The concern seems to focus on adopting a child for whom the biological father has effectively abandoned parental responsibilities. The primary relationship appears to be between the inquirer and the child as the primary caregiver since infancy. The biological father's absence may simplify the legal hurdles, but this assumption requires scrutiny.

The process mentioned involves legal adoption, and the inquiry highlights the role of the DSWD, suggesting a public, formal process rather than informal arrangements. There is an implicit assumption that the child is not legally recognized as the child of the inquirer (e.g., through legal adoption or guardianship).

2. Initial Legal Questions

Is adoption the correct legal framework in this scenario, or would guardianship suffice?
What legal rights does the biological father currently hold, and how are they affected by his absence?
What is the role of the child’s mother in this process, particularly in consenting to the adoption?
How does the Philippine legal system handle cases involving the biological father's lack of involvement?

3. Legal Framework in the Philippines for Adoption

In the Philippines, adoption is governed by Republic Act No. 8552, the Domestic Adoption Act of 1998. The law emphasizes the best interest of the child, requiring thorough vetting of the adoptive parent’s suitability and the child’s welfare.

A foundational requirement is the consent of the biological parent(s) unless such consent is deemed unnecessary due to abandonment, neglect, or other legal grounds. Abandonment could be inferred here based on the biological father's complete absence after two months, but the process of establishing abandonment is complex and requires DSWD involvement.

4. The Issue of Abandonment

The biological father’s lack of involvement for a significant period may qualify as abandonment, which is defined in legal contexts as the intentional forsaking of parental duties.
However, it is necessary to prove abandonment. Evidence such as a lack of financial support, communication, or presence may need to be gathered.
This raises questions about whether this evidence exists and how it will be presented.

Uncertainty: How strict is the DSWD or the courts in establishing abandonment, especially when the abandonment period overlaps with infancy, where communication or financial support might be minimal regardless?

5. Adoptive Parent’s Suitability

The inquirer describes a long-term caregiving role, which could demonstrate suitability as an adoptive parent. However, the DSWD requires a comprehensive evaluation:

Psychological readiness to parent the child formally
Financial capacity to provide for the child’s needs
A stable and supportive home environment

Would the caregiving history itself serve as sufficient evidence, or would other documentation (e.g., income statements, health records) be necessary to solidify the application?

6. Role of the Biological Mother

The mother’s involvement as the consenting party simplifies certain legal hurdles, assuming she agrees to the adoption. Questions arise:

Does the mother retain full legal custody?
Would her consent eliminate the biological father’s influence, assuming abandonment is proven?

7. Steps for Adoption

Step 1: Visit the DSWD

The DSWD serves as the primary agency overseeing adoption. Starting the process there ensures compliance with legal requirements.
The nearest DSWD office can be located online or by contacting the regional DSWD office.

Step 2: Submit Initial Requirements
Adoption applicants generally need to provide:

Birth certificate of the child
Proof of abandonment by the biological father (e.g., affidavits, lack of financial support evidence)
Consent from the biological mother
Documents establishing the adopter’s financial stability and character (e.g., income tax returns, employment certificates)

Step 3: Pre-Adoption Process

The DSWD conducts a home study to evaluate the child’s living conditions and the adopter’s suitability.
Counseling for both the adopter and the biological mother may be required.

Step 4: Court Proceedings
The final decision rests with the family court. The DSWD’s findings and recommendations weigh heavily here, and the court determines whether the adoption serves the child’s best interests.

8. Potential Dead Ends and Risks

Biological Father Contesting the Adoption:
If the biological father reappears and contests the process, this could delay or halt the adoption. It raises the need to establish abandonment conclusively.
DSWD Rejection:
If the DSWD finds the adoptive parent unsuitable or the evidence of abandonment insufficient, the adoption process could fail.
Emotional Considerations:
Adoption can be emotionally taxing for all involved, particularly if the child has already bonded with the adopter. Any disruption in the process could impact the child’s welfare.

9. Questions Remaining

How does the process differ for someone adopting the child of their partner as opposed to a non-relative?
Would it be prudent to engage a lawyer specializing in family law to navigate potential legal obstacles?
Could the adoption process lead to conflicts between the biological parents that might harm the child emotionally?

Final Answer

Yes, it is possible to adopt your partner’s child in the Philippines, especially given your caregiving role and the biological father’s apparent abandonment. However, the process involves several steps and legal hurdles, including proving abandonment and demonstrating your suitability as an adoptive parent.

To start, visit your nearest DSWD office to initiate the process. They will guide you through submitting requirements, undergoing a home study, and eventually filing a petition in family court. It may also be beneficial to consult a lawyer specializing in adoption to ensure a smooth process.