ADOPTION
*Provisions of the Family Code have been amended by RA 8049 (Inter-Country Adoption Act0 and RA
8552(Domestic Adoption Act) and
ADOPTION A juridical act which creates between two persons a relationship similar to that which results
from legitimate paternity and filiation.
*Under the Civil Code, persons who have already children of their own cannot adopt anymore, unless they
are adopting their own illegitimate children in order to elevate their status, the reason being that, the old
concept of adoption considered it mainly for the benefit of persons who have not been blessed with
children or who have lost them.
(a) A former Filipino citizen who seeks Husband &Wife shall jointly adapt
to adopt a relative by consanguinity; * except in the ff cases:
a. if 1 sp seeks to adopt legit
(b) One who seeks to adopt the child of other
legitimate child of his or her Filipino b. if 1 sp seeks to adopt his
spouse; or * own illegitimate child w/consent of
other spouses
(c) One who is married to a Filipino c. spouses are legally
citizen and seeks to adopt jointly with separated*
his or her spouse a relative by In case husband and wife jointly adopt,
consanguinity of the latter.* or one spouse adopts the illegitimate
son/daughter of the other, joint
Aliens not included in the foregoing parental authority shall be exercised by
exceptions may adopt Filipino children the spouses.
in accordance with the rules on inter-
country adoptions as may be provided • The adopted or adopter may be single
by law. (28a, E. O. 91 and PD 603) or married, but if married, the consent to
the adoption of his or her spouse is
• Aliens – needed.
• stricter in adoption by aliens • Age difference of 16 years
compared to PD 603 because -to give assurance that adopter has
children adopted by aliens suffered the sufficient maturity to fill the role of
cultural and psychological shock and a parent to the adopted child. Also, to
could not adjust to their new lives in approximate natural filiation as much
the foreign countries as possible.
• Some pedophiles simply abandoned • No conviction of crime involving moral
the children after they had satisfied turpitude
their sexual desires on them in their – adopter should
foreign homes be morally qualified to do so.
• Alleged cases where children were Conviction is necessary bec. Of the
killed for organ transplants in the presumption of innocence. Pardon
foreign countries. does not remove disqualification.
• By restricting, there is some • Emotionally and psychologically
assurance that adopted children will capable and in a position to support
receive love, care and protection family in keeping with the means
– parent assumes
Art. 185 all duties and responsibilities of
• H & W must jointly adopt except: rearing, caring, educating, supporting
a. when 1 sp seeks to adopt and molding the character of child for
his own illegit child the development of his character and
b. when 1 sp seeks to adopt well-being. A person who is rich but
legit child of the other too old or too week should not be
allowed.
Art. 186 • Aliens
• in case sps jointly adopt or 1 sp - Liberalized the restrictions on
adopts legit child of other, joint adoption by aliens imposed by the Family
parental authority shall be Code.
exercised in accordance w/FC - Aliens may now adopt subject to the
conditions/provided that qualifications are
• Husband and wife may jointly adopt a satisfied.
child. However, it is not obligatory. One • Adoption by H & W
spouse can adopt alone, but the consent -“one spouse adopts the illegitimate
of the other is required. child of the other” - in this case, only
• If they adopt jointly, they shall have one is the adopter, although with the
joint parental authority over the adopted consent of the other spouse.
child. -If spouses are legally separated, no
• Reason: to prevent dissension need for joint adoption and the
between spouses. consent of the other is not necessary.
• TOLENTINO: Legal separation • Guardians
terminates the common life between -may adopt both under FC and RA
spouses and the reason for requiring the 8522 provided that guardianship is
consent of one spouse for the adoption terminated and he has been cleared
made by the other no longer exists of his financial accountabilities.
- Reason: to prevent guardian
who has misused or misappropriated
the funds or properties of his ward to
resort to adopting his ward to avoid an
accounting of such funds or properties
and possible criminal action.
C. PRE-ADOPTION
PRE-ADOPTION – counseling services for the biological parents of adoptee, prospective adoptive parents,
and prospective adoptee.
1. Biological Parent(s)
a. Biological Parents shall be counseled regarding their options:
i. to keep the child and avail of services and assistance;
ii. avail of temporary child care arrangements such as foster care; or
iii. relinquish the child for adoption
b. Topics to focus on:
i. the loss of parental rights over the child and as a rule, not having further
contact with the child;
ii. the importance of providing relevant information on the child, their own
medical history and family background;
iii. the possibility that the child may be placed for adoption within the Philippines
or in a foreign country;
iv. the possibility that in the future, there may be communication with the child
at their or the child’s initiative.
v. the right to reconsider his/her decision to relinquish his/her child within six (6)
months from signing the Deed of Voluntary Commitment (DVC) subject to assessment by the
Department.
c. Continuing services shall be provided after relinquishment to cope with feelings of loss, etc. and
other services for his/her reintegration to the community.
d. The biological parent(s) who decided to keep the child shall be provided with adequate services and
assistance to fulfill parental responsibilities.
b. A certificate shall be issued by the Department to the prospective adoptive parents attesting that
they have undergone pre-adoption services. The certificate shall be made a pre-requisite of the
homestudy.
3. Prospective Adoptee
a. A prospective adoptee shall be provided with counseling and other support services
appropriate to his/her age and maturity, and in a manner and language that the child
comprehends, especially to enable him/her to understand why he/she has been relinquished for
adoption.
b. In the case of a prospective adoptee whose consent to his/her own adoption is
necessary, the social worker/counselor shall consider the child’s wishes and opinions, ensure that
his/her consent is voluntary and duly inform him/her of the effects of such consent.
D. ADOPTION PROCEDURE
Steps 1 and 2 for prospective adopters. Step 3 and 4 for prospective adoptees
1) Application for Adoption. Prior to this, prospective adopters should attend adoption fora and
seminar. Reasonable fees and charges are also imposed to adopters. After which, they shall file his/her
application for adoption with the Department directly or with a social service office of a local government
unit, or with any licensed accredited child placing agency. Spouses shall file their application jointly.
2) Preparation of Home Study Report. Department representatives shall conduct home visits to the
applicants to determine whether they have capacity to adopt or not. The following
documents/certifications are required:
1. Authenticated birth certificate
2. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal Separation
documents;
3. Written consent to the adoption by the legitimate and adopted sons/daughters, and
illegitimate sons/daughters if living with the applicant, who are at least ten (10) years old;
4. Physical and medical evaluation by a duly licensed physician and psychological evaluation
by a psychologist;
5. NBI/Police Clearance
6. Latest income tax return or any other documents showing financial capability, e.g.
Certificate of Employment, Bank Certificate or Statement of Assets and Liabilities;
7. Three (3) character references, namely from the local church/minister, the employer, and a
non-relative member of the immediate community who have known the applicant(s) for at least
three (3) years;
8. 3x5 sized pictures of the applicant(s) and his/her immediate family taken within the last
three (3) months;
9. Certificate of attendance to pre-adoption fora or seminars.
In addition, foreign nationals shall submit the following:
10. Certification that the applicant(s) have legal capacity to adopt in his/her country and that
his/her country has a policy, or is a signatory of an international agreement, which allows a child
adopted in the Philippines by its national to enter his/her country and permanently reside therein as
his/her legitimate child which may be issued by his/her country’s diplomatic or consular office or
central authority n intercountry adoption or any government agency which has jurisdiction over
child and family matters; or in the absence of any of the foregoing, the Philippine Intercountry
Adoption Board may also certify that the Philippines and the applicants’ country have an existing
agreement or arrangement on intercountry adoption whereby a child who has been adopted in the
Philippines or has a pre-adoption placement approved by the Board is allowed to enter and remain
as permanent resident in the applicant’s country as his/her legitimate child.
11. Certificate of Residence in the Philippines issued by the Bureau of Immigration or
Department of Foreign Affairs, as appropriate;
12. Two (2) character references from a non-relatives who knew the applicant(s) in the country
of which he/she is a citizen or was a resident prior to residing in the Philippines, except for those
who have resided in the Philippines for more than fifteen (15) years;
13. Police Clearance from all places of residence in the past two years immediately prior to
residing in the Philippines.
In the case of an applicant who is residing abroad, but is otherwise qualifies to adopt in the Philippines
under the provisions of the Act, the Homestudy report shall be prepared by an accredited foreign adoption
agency. However, a certification from the Intercountry Adoption Board shall be required to ensure that said
agency is accredited.
Disapproval of Adoption Application. – Except when found by the social worker that such application
can no longer be considered, there shall be no prejudice to future application of said applicants.
3) Certificate Of Availability Of Child For Adoption. – No child shall be placed for adoption unless a
clearance has been obtained from the Department that said child is available for adoption.
The Department shall issue the Certificate of Availability for Adoption not later than fifteen (15) days after
expiration of the six (6) month period after execution of Deed of Voluntary Commitment by the child’s
parents or legal or after receipt of entry of judgement in case of involuntary commitment.
Copy of the Certificate of Availability for Adoption and Child Study Report shall be sent to the Child Welfare
Specialist Group (CWSG) for purpose of placement of the child for adoption.
* FOR BIOLOGICAL PARENTS: In all proceedings for adoption, a comprehensive study report prepared by a
licensed social worker shall be submitted to the court as proof that the biological parent(s) has been
properly counseled and provided other support services:
1. to exhaust all measures to strengthen family ties and keep the child;
2. to ensure that their decision to relinquish their child for adoption is not caused by stress,
anxiety or pressure; and
to ascertain that such decision does not result in improper financial gain for those involved in it.
4) Supporting Documents Of Child Study Report. – The child study report shall be prepared only by a
licensed and accredited social worker of the Department or child caring agency not involved in child
placement.
6) Matching. – The matching of the child to an approved adoptive parent(s) shall be carried out during
the regular matching conference by the Matching Committee otherwise called the Child Welfare Specialist
Group (CWSG) in the regional level where the social workers of the child and family are present. If records
of children and approved adoptive parent/s are not matched within thirty (30) days in the regional level, it
shall be forwarded to the Department’s Central Office for interregional matching
The matching proposal made by the CWSG shall be approved by the Department.
7) Placement. – The physical transfer of a child from a child caring agency or foster home to the
prospective adoptive parents who shall be responsible for his/her care and custody shall be made after the
necessary form are accomplished and the Pre-Adoption Placement Authority (PAPA) has been issued after
approval of the Regional Director for placement within the region or by the Department Secretary or
his/her duly authorized representative in cases of interregional placements.
8) Supervised Trial Custody. – The placement of the child shall take effect upon issuance of the PAPA
by the Department after which the supervised trial custody shall commence.
During the supervised trial custody, the social worker shall conduct monthly home visits to monitor
adjustment of the prospective adopter(s) and child to each other and submit progress report to the
Department. A copy of these reports shall be given to the child caring agency where the child came from.
The court may upon its own motion or on motion of the petitioner, reduce or dispense with the trial period
if it finds that it is to the best interest of the child. In such case, the court shall state its reasons for
reducing said period.
New Placement. – In the event of the disruption of the pre-adoptive placement, the Department shall
arrange without delay a new placement of the child, or, if inappropriate, other alternative long term care.
9) Consent to Adoption. – If the adjustment of the child/adopter(s) is satisfactory, the social worker shall
forward to the Department the final supervisory report which shall include the recommendation for the
issuance of the written consent to adoption to be executed by the Department.
10) Filing Of Petition For Adoption. – the prospective adoptive parent(s) shall initiate judicial
proceeding by filing the petition to adopt not later than 30 days from date of receipt of the Department’s
written consent to adoption.
Issuance of Decree of Adoption and Entry of Judgement. – If, after considering the recommendation
and reports of the social worker and other evidence, the Court is satisfied that the adopter(s) are qualified
to adopt, then an adoption decree and an Entry of Judgement shall be issued.
Travel Authority of Adopted Child. – No adoptee shall be issued a travel authority unless a decree of
adoption has already became final and executory.
In this respect, the amended birth certificate shall be presented. If for any valid reason the same cannot be
presented, the following is required:
a. copy of the decree of adoption and entry of judgement
b. a certification from the Office of the Solicitor General that the decision is final and executory and
that no appeal there from has been filed by the said office.
Recording Of The Court Decision. – court decision on adoption and the finality of decision shall be
submitted to the following not later that thirty (30) days after the court decision has become final and
executory:
a. Local Civil Registry Office of the City/municipality where the court issuing the same is situated
b. Register of Court Decrees
After which, Local Civil Registry Office shall submit one copy of the court decision to the Local Civil
Registrar of the city or municipality where the birth of the adopted child was registered.
The latter office shall have the duty to prepare the amended certificate of live birth of the adopted child.
Then, a copy of of the new birth certificate shall be transmitted by the local civil registrar to the National
Statistics Office within 30 days from registration
11) Post Adoption Services. – Post Adoption Services which shall include counseling shall be made
available by the social workers of the Department, social services unit of the local government, child
placing and child caring agencies to develop the adoptee, adopter and the biological parents.