Dear Attorney,

I hope this message finds you well. I am writing to seek your legal advice regarding the process of notarizing documents related to adoption. Specifically, I wish to understand whether it is permissible to have a notary public draft or notarize an agreement or document about the adoption of a child.

Your guidance on the matter, including an explanation of the legal framework and requirements for adoption in the Philippines, would be immensely appreciated. I look forward to your advice on how to proceed and ensure compliance with the law.

Respectfully,
A Concerned Citizen

Legal Framework and Guidelines for Adoption in the Philippines: Can a Notary Public Facilitate the Process?

Adoption is a legal act that establishes a permanent parent-child relationship between individuals who are not biologically related. In the Philippines, the rules and procedures governing adoption are primarily found in Republic Act No. 8552, also known as the Domestic Adoption Act of 1998, as well as Republic Act No. 9523 and other related laws.

To address the question of whether a notary public can draft or notarize a document related to adoption, it is essential to examine the legal principles and procedures in Philippine law. Adoption is a judicial process, and while a notary public plays a role in authenticating certain documents, there are strict limits on what they can lawfully draft and notarize concerning adoption.

1. Adoption in Philippine Law

Under Philippine law, adoption is strictly regulated to protect the best interests of the child. The process involves judicial proceedings and compliance with specific legal requirements. Adoption grants the adopter the same rights and obligations as a biological parent, including the transfer of the child’s legal custody.

1.1. Governing Laws

Republic Act No. 8552 (Domestic Adoption Act of 1998): Establishes the requirements and procedures for domestic adoption.
Republic Act No. 8043 (Inter-Country Adoption Act of 1995): Covers adoptions where the adopter resides abroad.
Republic Act No. 9523: Requires the certification of a child as legally available for adoption before any adoption proceedings.

2. Judicial Nature of Adoption

Adoption is not a private agreement that can be facilitated by a notary public; it is a judicial process. According to Section 7 of RA 8552, a petition for adoption must be filed in the Family Court of the province or city where the adopter resides.

The Family Court has exclusive jurisdiction to issue a decree of adoption, which legally establishes the relationship between the adopter and the adoptee.

Implications:

Adoption cannot be finalized through a notarized document or private agreement.
A notary public is not authorized to draft or notarize agreements purporting to finalize an adoption.

3. Role of a Notary Public in the Adoption Process

While notaries cannot directly facilitate adoption, they may play a limited role in the following ways:

Authentication of Supporting Documents: Documents submitted to the Family Court, such as affidavits, consent forms, and other notarized statements, may require notarization to ensure their authenticity.
Drafting Ancillary Agreements: Notaries can draft agreements between parties, such as waivers of rights or affidavits of consent, but these must align with legal requirements and cannot substitute for the judicial adoption process.
Certification of Legal Custody: In some cases, notaries may authenticate custody-related documents, provided these do not violate the legal procedures established by adoption laws.

4. Key Requirements for Adoption

To legally adopt a child in the Philippines, the following conditions must be satisfied:

4.1. Qualifications of Adopter

Must be a Filipino citizen (or foreign national under specific conditions).
At least 25 years old and 16 years older than the adoptee.
Must possess the legal capacity to support the child.

4.2. Consent

Written consent from the adoptee (if over 10 years old).
Consent from the biological parents or legal guardians.
Certification of legal custody and availability for adoption (RA 9523).

4.3. Home Study Report

A home study report conducted by a licensed social worker is required to assess the capability of the adopter to provide a stable and nurturing environment.

5. Prohibited Practices

Philippine law strictly prohibits private arrangements or shortcuts in the adoption process:

Simulated Birth Certificates: Registering a child as the biological offspring of an adopter is illegal.
Notarized Adoption Agreements: Any attempt to finalize an adoption through notarized documents is invalid and may lead to legal penalties.
Non-Judicial Adoption: Circumventing the Family Court’s jurisdiction violates the law.

6. Practical Steps for Legal Adoption

To adopt a child legally, the following steps must be taken:

Secure Certification: Obtain a Certification Declaring the Child Legally Available for Adoption from the Department of Social Welfare and Development (DSWD).
File a Petition: Submit a formal petition for adoption with the Family Court.
Provide Supporting Documents:
- Birth certificate of the adopter and adoptee.
- Proof of income and employment.
- Home study report and recommendations.
Court Proceedings: Attend hearings and comply with court directives.
Issuance of Decree of Adoption: Upon approval, the court issues a decree establishing the legal parent-child relationship.

7. Conclusion

In summary, adoption in the Philippines is strictly a judicial process and cannot be completed through private agreements or notarized documents. A notary public can assist in notarizing ancillary documents such as affidavits and consents but cannot draft or notarize an adoption agreement that bypasses the judicial requirements.

If you are considering adoption, it is advisable to consult a lawyer specializing in family law to guide you through the legal process and ensure compliance with Philippine laws. Legal adoption is a complex yet rewarding journey that safeguards the rights and welfare of both the child and the adoptive parents.