Adoption in the Philippines
Under the Domestic Adoption Act of 1998, the state has allowed the legal adoption of Filipino children who were either abandoned or given up by their biological parents. Unfortunately, because of the widespread poverty and high rates of child neglect, an estimated number of 6,500 children in the Philippines are left to be placed in governmental care. These are the very same children who are just as deserving of every bit of love and guidance we can give, and a place they can permanently call home.
Due to the lack of distinct information and awareness, the adoption process and the required documents can sometimes be overwhelming for some, discouraging them even more. We have summarized the details and the steps o help you through the process and clear out any misconceptions.
Table of Contents
Context
Adoption is a juridical act of providing a permanent home to a child whose natural parent/s voluntarily/involuntarily renounced their parental authority. The Philippines has 3 types of adoption: agency, relative, and independent adoption, which all generally take about 9 months to complete. Children may only be adopted if they are issued a (1) Declaration of Availability for Adoption of Involuntarily Committed Child or (2) Voluntarily Committed Child.
Process
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Mandatory participation in a pre-adoption seminar
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Form application for adoption
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Assessment through a case study report conducted by a social worker
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Series of matching (for relative and independent adoption, there is no need for matching as long as the adoptee and the adopter have been living in one household for at least 2 years)
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Child Study (done by social worker)
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Issuance of a Pre-Adoption Placement Authority and Affidavit of Consent to Adoption
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Placement of child with adopter with a supervision period of at most 6 months (upon recommendation)
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Filing of a Petition for Administrative Adoption (should indicate the new name of the adoptee, if applicable and filed with the Regional Alternative Child Care Office or RACCO of the city the adopter lives)
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Issuance of an Order of Adoption
After the Issuance of an Order of Adoption, one should:
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Submit a true copy to the civil registrar where the adoptee is originally registered within 30 days
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Ask to seal the original birth record (can only be opened upon request of the NACC)
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Submit to the NACC proof of compliance with all the requirements within 30 days from receipt of the Order of Adoption
Required Documents
FOR FILIPINO NATIONALS:
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Authenticated Birth Certificate
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Marriage Certificate, divorce papers with court decision, Certificate of Finality, Annulment Decree with Certificate of Finality, or Legal Separation Documents (if applicable)
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Written consent to adoption by children residing with the applicant (at least 10 years old)
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Physical and medical evaluation
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Psychological evaluation report
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Police clearance
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Child care plan (includes 3 temporary custodian of the child in case of death or incapacity of the adopter)
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Latest income tax return or documents stating financial capability
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3 character references (must be acquainted for at least 3 years and non-related)
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Close-up and whole-body pictures of the adopter (taken within 6 months)
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Affidavit of Guardianship
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Certificate of attendance in adoption seminar
FOR FOREGIN NATIONALS:
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Certification of having the legal capacity to adopt
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Certification of Residence in the Philippines
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Two character references from non-relatives (exempted for those living in the Philippines for more than 15 years)
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Police clearance from all places of residence for more than 12 months in the past 15 years
Who Can Adopt?
FOR FILIPINO NATIONALS:
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25 years of age
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In possession of full civil and legal rights
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Of good character
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Not convicted of any crime in the past
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Emotionally and psychologically able
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At least 16 years older than the prospective adoptee (exempted if the adopter is the biological parent or the spouse of the adoptee’s parent)
FOR FOREGIN NATIONALS:
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Possesses the same qualifications mentioned for Filipino citizens
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Nationals of a country that has existing diplomatic relations with the Philippines
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Permanent or habitual residents of the Philippines for at least 5 years
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Certified by their government that they have the legal capacity to adopt
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Certified that their government recognizes the Certificate of Adoption as valid
Special Cases
IN AGENCY ADOPTION:
Individuals who wish to adopt, may inquire and apply through the National Authority for Child Care (NACC). Licensed adoption agencies, such as the Kaisahang Buhay Foundation and the NORFIL Foundation are NGOs that also offer support to help with this process.
IN RELATIVE ADOPTION:
The adoption of a child who was relinquished by their biological parents to a relative (related up to the 4th degree). In this situation, the adopter does not have to go through matching nor supervised trial custody.
IN INDEPENDENT ADOPTION:
Natural parents who directly forfeit their parental rights to someone they know or through an intermediary (an individual that facilitates an adoption for another person). One must be cautious, however, of common occurrences where intermediaries bring both parties together solely for profit.
Referenced Works
DOMESTIC ADOPTION IN THE PHILIPPINES. (2020, December 21). De Borja Law. https://deborjalaw.com/philippine-domestic-adoption/
Republic Act No. 11642 | GOVPH. (2022, January 6). Official Gazette of the Republic of the Philippines. https://www.officialgazette.gov.ph/2022/01/06/republic-act-no-11642/
Rey, A. (2018, February 8). Thinking of adopting a child? Here’s how. RAPPLER. https://www.rappler.com/nation/195575-how-to-adopt-philippines/
Sarmiento-Buenaventura, A. (2019, August 3). Planning to Adopt? Updated Guidelines About Adoption From DSWD. SmartParenting.Com.Ph. https://www.smartparenting.com.ph/parenting/baby/adoption-dswd-faqs-updated-guidelines-a1838-20190803
