Who May Adopt?
- Is of legal age;
- Is at least 16 years older than the adoptee, provided, however, that the minimum age gap between the adopter and adoptee may not be required if the adopter is the biological parent or sibling of the adoptee or the spouse of the adoptee’s parent;
- Has the capacity to act and assume all the rights and duties incident to the exercise of parental authority;
- Is of good moral character and has not been convicted of any crime involving moral turpitude;
- Is in the position to support, educate and care for his/her legitimate and illegitimate children and the child to be adopted in keeping with the means of the family;
- Has undergone pre-adoption services as required in Section 4 of the Act.
In addition to these qualifications, an alien may adopt if he/she:
- Is a citizen of a state which has diplomatic relations with the Philippines;
- Has be certified by his/her diplomatic or consular office or any appropriate agency that:
- He/she qualified to adopt in his/her country; and
- His/her government will allow the adoptee to enter the adopters’ country and reside there permanently as an adopted child;
- Has submitted the necessary clearances and such other certifications as may be required by the Department.
Who May Be Adopted?
- Any person below 18 years of age who has been administratively or judicially declared available for adoption;
- 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 if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority;
- A child whose adoption has been previously rescinded; or
- A child whose biological or adoptive parent(s) has died: provided, that no proceedings shall be initiated within 6 months from the time of death of said parent(s).
Process of Adoption
A. Administrative Phase
- Attendance to adoption forum/seminar
- Application to DSWD-Field Office/Licensed Foster Care Agencies or Child Placing Agencies (List is with DSWD Field Office or Standards Bureau)
- Assessment of the applicant/preparation of Home Study Report (by the DSWD-Field Office/child placing agency social worker)
- Matching of child to the Prospective Adoptive Parents (PAPs)
- Issuance of Pre-Adoption Placement Authority (PAPA)
- Placement of child with the PAPs
- Supervision of Placement of the child and the PAPs (6 months or less)
- Issuance of Affidavit of Consent to Adoption
B. Judicial Phase
- Filing of Petition for Adoption
- Hearing of the petition in court
- Issuance of Decree of Adoption and Entry of Judgment
For more information, visit the DSWD, Domestic Adoption Website and/or consult a Philippine lawyer.