How is the Adoption Process in the Philippines?

Are you planning to adopt a child but you’re not familiar with the adoption process and the requirements needed? We will be discussing some of the Frequently Asked Questions regarding this topic.

What is Domestic Adoption?

It is a socio-legal process of providing a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights.

The Domestic Adoption Act of 1998 or the Republic Act RA 8552 encourages Domestic Adoption so as to preserve the child’s identity and culture.

What are the Requirements needed to adopt?

For Filipino Applicants & Foreign Nationals

1. Home Study Report (prepared by a licensed social worker) with the following documents:

a. Authenticated Birth Certificate

b. Marriage Certificate in SECPA form, if married or authenticated divorce papers with a copy of court decision and Certificate of Finality (for cases of foreign PAPS)by their Consulate, Annulment Decree with Certificate of Finality, Declaration of Nullity, or Legal Separation documents (for Filipino applicants).

c. Written Consent to the Adoption by the legitimate and adopted sons/daughters if living with the applicant, who are at least 10 years old.

d. Physical and Medical Evaluation by a duly licensed physician (certification to indicate that the applicant has no medical condition that prevents him/her from acting or assuming parental responsibilities.

e. Psychological Evaluation Report (when appropriate). The validity of the report will depend on the assessment of the Psychologist.

f. NBI and Police Clearance.

g. Latest income tax or any other documents showing financial capability eg. Certification of Employment, Bank Certificate or Statement of Assets and Liabilities

h. Three (3) Character References (e.g, the local church/Minister, the employer, and a non-relative member of the immediate community who has known the applicant/s for at least 3 years.

i. 3x 5 inch sized photos of the applicants and his/her immediate family members (taken within the last three (3) months).

j. Affidavit of Temporary Custody

2. Certificate of attendance in pre-adoption forum/seminar.

3. Adoptive Family Profile

Additional Requirements for Foreign National

The following are additional requirements (Foreign Nationals)

1. 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 legitimated child which may be issued by his/her country’s diplomatic or consuiar office or central authority on inter-country adoption or any government agency which has jurisdiction over the child and family matters.

2. Certificate of Residence in the Philippines issued by the Bureau of Immigration or Department of Foreign Affairs (as appropriate).

3. Two (2) character references from 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.

4. Police Clearance from all place or residence in the past two (2) years immediately prior to residing in the Philippines.

Who are eligible to Adopt?

1. Any Filipino citizen of legal age, in possession of full civil capacity and legal rights,

2. Of good moral character; Has not been convicted of any crime involving moral turpitude, Emotionally and psychologically capable of caring for children,

3. At least 16 years older than the adoptee, who is in a position to support and care for his/her children in keeping with the means of the family.

4. In addition to these qualifications required for Filipino nationals, an alien may adopt if

a. He/She is a citizen of a State which has diplomatic relations with the Philippines;

b. Has been certified by his/her diplomatic or consular office or any appropriate agency that he/she is qualified to adopt in his country, and that his/her government will allow the adoptee to enter the adopter’s country and reside there permanently as an adopted child; and

c. Has submitted the necessary clearances and other certification as may be required by the Department.

Who may be adopted?

• Any person below 18 years of age who has been issued with a Certification Declaring the Child as Legally Available for Adoption (CDCLAA)
• The legitimate son/daughter of one spouse by the other spouse
• An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy
• A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter as his/her own child since minority
• A child whose adoption has been previously rescinded; and
• A child whose biological or adoptive parent/s died. Provided, that no proceeding shall be initiated within six (6) months from the time of death of said parent/s

What are the steps in adoption?

Outlined below are the different phases and general information to help you understand the steps involved in adopting a child:

A. Administrative Phase

     1. Attendance in adoption forum/seminar

     2. Application to DSWD-Field Office/Licensed Foster Care Agencies or Child Placing Agencies (List is with DSWD Field Office or Standards Bureau)

     3. Assessment of the applicant/preparation of Home Study Report (by the DSWD-Field Office/child placing agency social worker)

     4. Matching of child to Prospective Adoptive Parents (PAPs)

     5. Issuance of Pre-Adoption Placement Authority (PAPA) and Affidavit of Consent to Adoption

     6. Placement of child with the PAPs

     7. Post-Placement Supervision Period of at least 3 months

     8. Issuance of Certificate of Consent to Adoption

B. Judicial Phase

     1. Filing of Petition for Adoption

     2. Supervised Trial Custody Period of 6 months or less

     3. Hearing of the petition in court

     4. Issuance of Decree of Adoption and Entry of Judgment(with Amended Birth Certificate)

How much is the cost of Adoption?

The services of DSWD for adoption is free but the applicant/s will spend for securing the documents/requirements for adoption. Also, applicant/s or petitioner/s for adoption of a child/children will have to get the service of a private lawyer whose cost in services varies, which may include an acceptance fee, appearance fee in court, among others As to the services of accredited Child-Placing Agencies like the Kaisahang Buhay Foundation, Inc and NORFIL Foundation, Inc, the applicant may inquire on the cost of fees and charges from the said agencies.

How long does it take to complete the adoption?

The administrative process takes about a year while the judicial process is up to the court schedule.

For more information, you may contact the DSWD nearest to you.

DSWD Central Office DSWD BIdg., IBP Road, Batasang Pambansa Complex Constitution Hills, Quezon City Telephone No. (02) 931-8101 loc. 426 (02) 951-7438 E-mail Address: [email protected] For more inquiries, you may contact the nearest DSWD Field Offices

Source: DSWD

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