Republic Act 8552, also known as the Domestic Adoption Act of 1998 encourages domestic adoption to preserve the child’s identity and culture and only when this is not available shall inter-country adoption be considered as a last resort.
I. Who May Be Adopted
II. Who May Adopt
III. Waiver of Residency Requirement
IV. Adoption by Husband and Wife
V. Supervised Trial Custody
The following may be adopted:
1. Any person below eighteen (18) years of age who has been administratively or juridically declared available for adoption
2. The legitimate son or daughter of one spouse by the other spouse
3. An illegitimate son or daughter by a qualified adopter to improve his/ her status to that of legitimacy
4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority
5. A child whose adoption has been previously rescinded
6. A child whose biological or adoptive parent(s) has/have died, provided that no proceedings shall be initiated within six (6) months from the time of death of said parent(s)
In addition to Filipinos, Section 7(b) of the law also allows an alien to adopt under the domestic adoption law provided that he/she meets the following requirements:
1. Of legal age and at least 16 years older than the adoptee (except when the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent)
2. Possesses full civil capacity and legal rights
3. Of good moral character and has not been convicted of any crime involving moral turpitude
4. Emotionally and psychologically capable of caring for children
5. In position to support and care for his/her children in keeping with the means of the family
6. His/her country has diplomatic relations with the Philippines
7. Has been certified by the diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country and that his/her government allows the adoptee to enter his/her country as an adopted child
8. Has been living continuously in the Philippines for at least three (3) years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered
Section 7(c) also provides that the guardian, with respect to the ward after the termination of the guardianship and clearance of his/her financial accountability, is also qualified to adopt under the law.
The requirements on residency and certification of the alien’s qualification to adopt in his/her country may be waived for the following cases:
1. The applicant is a former Filipino citizen seeking to adopt a relative within the fourth (4th) degree of consanguinity or affinity
2. The applicant is seeking to adopt the legitimate son or daughter of his/her Filipino spouse
3. The applicant is married to a Filipino citizen, and seeks to adopt jointly with his/ her spouse a relative
within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse
Husband and wife shall jointly adopt, except in the following cases:
In case the husband and wife jointly adopt, or one spouse adopts the illegitimate son or daughter of the other, joint parental authority shall be exercised by the spouses.
No petition for adoption shall be finally granted until the adopter has been given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. During the said period, temporary parental authority shall be vested on the adopter.
An alien adopter must complete the six (6) month trial custody except in the following cases:
For more information on domestic adoption, please contact any of the following:
The DSWD Regional Office which has jurisdiction over the residence of the minor Or
The Child Placement Center Department of Social Welfare and Development – National Capital Region 389 San Rafael cor. Legarda Sts., Manila Tel. No. 734-8651
Home | About Us | Services | Information | FAQ's | Contact Us
