Preference in adoption (AID)

1. Adoption by the extended family;

2. Domestic Adoption;
3. Inter-Country Adoption.

I. DOMESTIC ADOPTION ACT (R.A. 8552)

Applies to adoption of Filipino children, where the entire adoption process beginning from the filing of the
petition up to the issuance of the adoption decree takes place in the Philippines (Rabuya, 2009).

B. WHO CAN ADOPT

Filipino citizens;
2. Aliens;
3. Guardians with respect to their ward.

Qualifications of a Filipino who may adopt

(Section 7 (a) Article 3, RA 8552)
1. Of legal age;
2. In possession of full civil capacity and legal rights;
3. Possesses good moral character;
4. Has not been convicted of any crime involving moral turpitude;
5. Emotionally and psychologically capable of caring for children;
6. Who is in a position to support and care for his/her children in keeping with the means of the family; and
7. GR: at least sixteen (16) years older than the adoptee.

XPN:
a. Adopter is the biological parent of the adoptee; or
b. Adopter is the spouse of the adoptee's parent

Qualifications of an alien who may adopt

(Section 7 (b), Article 3, RA 8552)
1. Possesses same qualifications as those enumerated for Filipino adopters;
2. His country has diplomatic relations with the Philippines;
3. His government allows the adoptee to enter his country as his adopted child;
4. He has been certified by his diplomatic or consular office or any appropriate government agency that he has
the legal capacity to adopt in their country;

GR: Has been living in the Philippines for at least 3 continuous years prior to the application for adoption and
maintains such residence until adoption decree has been entered.
XPNs:
i. He is a former Filipino who seeks to adopt a relative within the 4th civil degree of consanguinity or affinity;
ii. He is married to a Filipino and seeks to adopt jointly with his spouse a relative within the 4th degree of
consanguinity or affinity;
iii. He is married to a Filipino and seeks to adopt the legitimate or illegitimate child of his Filipino spouse.

Rule on Joint Adoption of Spouses

GR: Husband and wife shall adopt jointly (Sec. 7, Article 3, RA 8552)
XPNs:
a. One spouse seeks to adopt the legitimate son or daughter of the other;
b. One spouse seeks to adopt his own illegitimate son or daughter, provided, that the other signifies his
consent
NOTE: In seeking to adopt his own illegitimate son or daughter, the law requires that the consent of the
spouse of the adopter must be given to such adoption.
If on the other hand, the spouse would adopt the illegitimate son or daughter of the other, joint adoption is
still mandatory
c. Spouses are legally separated.

C. ADOPTEE

Any person BELOW eighteen (18) years of age who has been administratively or judicially declared available
for adoption;
2. The legitimate son/daughter of one spouse by the other spouse;
3. An illegitimate son/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; or
6. A child whose biological or adoptive parent(s) has died: Provided, that no proceedings shall be initiated
within six (6) months from the time of death of said parent(s) (Sec. 8, Art. 3, RA 8552).

Child
A child is any person below 18 years old (Sec. 3, Art. 1, RA 8552)

Child legally free for adoption

A child voluntarily or involuntarily committed to the DSWD as dependent, abandoned or neglected pursuant
to the provisions of the Child and Youth Welfare Code maybe subject of Inter-Country Adoption; provided
that in case of a child shall be made not earlier that six (6) months from the date the Deed of Voluntary
Commitment was executed by the child’s biological parent/s. A legally-free child is freed of his biological
parents, guardians, or adopters in case of rescission.

NOTE: The prohibition against physical transfer shall not apply to adoption by a relative or children with
special medical conditions (Rabuya, 2018).

Necessity of written consent for adoption under domestic adoption

The written consent of the following is necessary for adoption:
a. Biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality
which has legal custody of the child;
b. Adoptee, if ten (10) years of age or over;
c. Illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the
latter's spouse, if any;
d. Legitimate and adopted sons/daughters, ten

(10) years of age or over, of the adopter(s) and adoptee, if any;

e. Spouse, if any, of the person adopting or to be adopted (Sec. 9, Art. 3, RA 8552).

II. INTER-COUNTRY ADOPTION ACT OF 1995 (R.A. 8043)

Inter-Country Adoption
It is a socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing
abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is
issued outside the Philippines (Sec. 3(a), RA 8043).
 A. When Allowed
Adoption ONLY AS A LAST RESORT: No child shall be matched to a foreign adoptive family unless it is
satisfactorily shown that the child cannot be adopted locally (Sec. 11, Article 3, RA 8043)

B. Who may Adopt

Any alien;
b. Filipino citizen, both permanently residing abroad.
Qualifications needed for a Filipino or alien to adopt (Sec. 9, Article 3, RA 8043)
At least 27 years old and 16 years older than the child to be adopted at the time of the application unless:
1. Adopter is the parent by nature of the child;
2. Adopter is the spouse of the parent by nature of the child to be adopted

c. If married, his spouse must jointly file for adoption;

d. Has the capacity to act or assume all rights and responsibilities of parental authority;
e. Not been convicted of a crime involving moral turpitude;
f. Eligible to adopt under his national law;
g. In a position to provide for proper care and support and give necessary moral values;
h. Agrees to uphold the basic rights of the child mandated by the UN convention of rights of Child and the
Philippine Laws;
i. Comes from a country with which the Philippines has diplomatic relations and adoption is allowed
under his national law;
j. Possesses all the qualifications and none of the disqualifications under the law or other applicable
Philippine laws.

Necessity of written consent for adoption in inter- country adoption

C. The written consent of the following is necessary for adoption:
1. Written consent to the adoption in the form of a sworn statement by the biological and/or adopted children
of the applicants who are ten (10) years of age or over, to be attached to the application filed with the Family
Court or Inter- Country Adoption Board (Sec. 28, Art. 8, Amended Implementing Rules and Regulations of RA
8043); and
2. If a satisfactory pre-adoptive relationship is formed between the applicant and the child, the written
consent to the adoption executed by the DSWD is required. (Sec. 50, Art. Art. 8, Amended Implementing Rules
and Regulations of RA 8043)

C. ADOPTEE
Only a legally free child may be adopted provided the following are submitted:
a. Child study;
b. Birth certificate/ foundling certificate;
c. Deed of VoluntaryCommitment/Decree of Abandonment/Death Certificate of parents;
d. Medical evaluation or history;
e. Psychological evaluation; and
f. Recent photo.

Child
A child is any person below 15 years old (Sec. 3, RA 8043).

NOTE: No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child
cannot be adopted in the Philippines.
GR: There shall be no physical transfer of a voluntarily committed child earlier than 6 months from the date
of execution of Deed of Voluntary Commitment.
XPN:
a. Adoption by relative;
b. Child with special medical condition.

Distinction Between Domestic Adoption Act and INTER-COUNTRY ADOPTION ACT (R.A. 8043)
Inter-country Adoption Act DOMESTIC
ADOPTION ACT (R.A. 8552)
Governing body DSWD Inter-country Adoption Board
(ICAB)
When may adoption be resorted Adoption need not be the last Adoption only as last resort: No
to resort child shall be matched to a
foreign adoptive family unless it
is satisfactorily shown that the
child cannot be adopted locally
(Sec. 11).
Who may adopt 1. Any FILIPINO CITIZEN
(regardless of where residing) 1. FILIPINO CITIZEN
b. Of legal age; permanently residing abroad may
c. At least sixteen (16) years older file an application for inter-
than the adoptee, (may bewaived country adoption of a Filipino
when the adopter is the biological child if he/she:
parent of the adoptee, or is the
spouse of the adoptee’s parent; a. Is at least twenty-seven
d. In possession of full civil
capacity and legal rights; (27) years of age;
e. Of good moral character, has b. At least sixteen (16) years older
not been convicted of any crime than the child to be adopted, at
involving moral turpitude, the time of application unless the
emotionally and psychologically adopter is the parent by nature of
capable of caring for children; the child to be adopted or the
and spouse of such parent;
f. Who is in a position to support c. Has the capacity to act and
and care for his/her children in assume all rights and
keeping with the means of the responsibilities of parental
family. authority under his national laws,
and has undergone the
2. Any ALIEN possessing the appropriate counseling from an
same qualifications as above accredited counselor in his/her
stated for Filipino nationals, country;
Provided; d. Has not been convicted of a
a. That he/she has been living in crime involving moral turpitude;
the Philippine for at least three e. Is in a position to provide the
(3) continuous years prior to the proper care and support to give
filing of the application for the necessary moral values and
adoption and maintains such example to all his children
residence until the adoption including the child to be adopted;
decree is entered; f. If married, his/her spouse must
b. That his/her country has jointly file for the adoption;
diplomatic relations with the g. Is eligible to adopt under
Republic of the Philippines; his/her national law;
c. He/she has been certified by h. Agrees to uphold the basic
his/her diplomatic or consular rights of the child as embodied
office or any appropriate under Philippine laws, the U.N.
government agency that he/she Convention on the Rights of the
has the legal capacity to adopt in Child and to abide by the rules
his/her country;
 d. That his/her government and regulations issued to
allows the adoptee to enter implement the
his/her country as his/her
adopted son/daughter; and provisions of this Act;
i. Comes from a country with
e. The requirements on residency whom the Philippines
and certification to adopt in
his/her country may be WAIVED has diplomatic relations and
for the following: whose government maintains a
similarly Authorized and
i. A former Filipino citizen who
accredited agency and that
seeks to adopt a relative within adoption is allowed under
the fourth (4th) degree of his/her national laws; and
consanguinity or affinity; or
j. Possesses all the qualifications
ii. One who seeks to adopt the
and none of the disqualifications
legitimate son/daughter of provided herein and in other
his/her Filipino spouse; or applicable Philippine laws.

iii. One who is married to a 2. ALIEN with above qualifications

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.

3. The GUARDIAN with respect to

the ward after the termination of
the guardianship and clearance of
his/her financial

Who may be adopted

a. Any person below eighteen a. Filipino children [Sec. 3(a)];
b. Below 15 years of age [Sec.
(18) years of age who has been 3(b)]; and
administratively or judicially c. Who are legally free, meaning
declared available for adoption; children who have been
b. The legitimate son/daughter of voluntarilyor involuntarily
one spouse by the other spouse; committed to the DSWD [Sec. 3(f)
c. An illegitimate son/daughter by and Sec. 8)].
a qualified adopter to improve
his/her status to that of NOTE: IRR of 2004 adds that: Any
legitimacy; child who has been voluntarily or
d. A person of legal age if, prior to involuntarily committed to the
the adoption, said person Department as dependent,
abandoned or neglected pursuant
has been consistently considered to the provisions of the Child and
and treated by the adopter(s) as
Youth Welfare Code may be the
his/her own child since minority;
subject of Inter-Country Adoption
e. A child whose adoption has
xxx (Sec. 26)
been previously rescinded; or
f. A child whose biological or
adoptive parent(s) has died:
Provided, That
 no proceedings shall be initiated
within six (6) months from the
time of death of said parent(s)
(Sec. 8).

Venue Petition for adoption shall be filed Either with the Philippine RTC
with Family Court of the province having jurisdiction over the child,
or city where the prospective or with the Inter-country Board
adoptive parents reside (Rule on through an intermediate agency,
Adoption, Sec. 6) in the country of the adoptive
parents (Sec. 10).
IRR of 2004 provides that:
Application shall be filed with the
Board or the Central Authority or
the Foreign Adoption Agency in
the country where the applicant
resides. In case of foreign
nationals who file petition for
adoption under RA 8552 or
Domestic Adoption Law, the
Court after finding petition to be
sufficient in form and substance
and proper case for inter-country
adoption shall immediately
transmit the petition to the board
for appropriate
action (Sec. 30).