ADOPTION RULES1

Domestic Adoption Inter-Country Adoption

Who may be • A child legally available for adoption
Adopted? • A child in whose favor a certification was issued by DSWD that he/she is legally available for adoption
after fact of abandonment or neglect has been proven through submission of documents, or one who
was voluntarily committed.2 (Age: below 18 or over 18 but unable to fully take care of himself or herself)
• Legitimate issue of one spouse by the other
spouse. *May be of legal age if child by nature
of the adopter’s spouse
• An illegitimate son/daughter by a qualified
adopter to improve his/her status to
legitimacy.
• A person of legal age if has been previously
treated as the adopter’s own child since
minority
• A child whose adoption has been rescinded
• A child whose biological or adoptive parent(s)
has died. No adoption proceedings shall be
initiated within six months from the time of
death.
Who may adopt? Filipinos Filipinos
• Legal age • Permanent resident of a foreign country
• In possession of full civil capacity and legal
rights
1
Based from ELMER T. RABUYA, I CIVIL LAW REVIEWER (2017).
2
Does not apply if 1) adoption of an illegitimate child by any of his biological parent; 2) adoption of a child by his step-parent; 3) adoption of a
child by a relative within the 4th degree of consanguinity or affinity
 • Good moral character • Capacity to act and assume all rights and
• Not been convicted of any crime involving responsibilities of parental authority under
moral turpitude Philippine Laws
• Emotionally and psychologically capable of • Undergone the appropriate counseling from an
caring for children accredited counselor in domicile
• In a position to support and care for his/her • Not been convicted of any crime involving moral
children in keeping with the means of the turpitude
family • Eligible to adopt under Philippine law
• At least 16 years older EXCEPT • In a position to provide proper care and support
a) Adopter is biological parent of adoptee and to give the necessary moral values and
b) The adopter is the spouse of the example to all his children
adoptee’s parent • Agrees to uphold the basic rights of the child
• Permanent resident of the Philippines under PH Law and IL, and to abide by the rules
and regulations issued to implement the
provisions of this Act
• Residing in a country with whom the PH has
diplomatic relations and has reciprocity for inter-
country adoption
• Possesses all the qualifications and none of the
disqualifications provided under this law and
other applicable Philippine laws
• At least 16 years older EXCEPT
a) Adopter is the parent by nature
b) Adopter is the spouse of the parent by
nature
Aliens (in addition to the foregoing) Aliens

• At least 27 years of age at time of application

 • Home country has diplomatic relations with
PH
• Home government allows the adoptee to enter
home country as adopted child
• Living in the PH for at least three continuous
years prior to the filing of the application for
adoption and maintains such residence until
decree is entered
• Certified by home diplomatic or consular
officers or any appropriate gov’t agency that
he/she has the legal capacity to adopt in that
country
THE LAST TWO MAY BE WAIVED IF:
1. A former Filipino seeks to adopt a relative
within the 4th degree of consanguinity or
affinity
2. One seeks to adopt the legitimate
son/daughter of his/her (NOT FORMER)
Filipino spouse
3. One who is married to a (NOT FORMER)
Filipino and seeks to adopt jointly with
spouse a relative within 4th degree of
consanguinity or affinity of the Filipino
spouse.
Formula:
1. Former Filipino + 4th degree
• At least 16 years older than the child to be
adopted at the time of application UNLESS
• The adopter is the parent by nature
• Adopter is the spouse of the parent by nature
• Has capacity to act and assume all rights and
responsibilities of parental authority under his
national laws
• Undergone the appropriate counseling from an
accredited counselor in home country
• Not been convicted of any crime involving moral
turpitude
• Eligible to adopt under national law
• In a position to provide proper care and support
and to give the necessary moral values and
example to all his children
• Agrees to uphold the basic rights of the child
under PH Law and IL, and to abide by the rules
and regulations issued to implement the
provisions of this Act
• Residing in a country with whom the PH has
diplomatic relations and has reciprocity for inter-
country adoption
• Possesses all the qualifications and none of the
disqualifications provided under this law and
other applicable Philippine laws
 2. Foreigner + legitimate son/daughter of
Filipino spouse
3. Foreigner + Filipino + 4th degree relative of
Filipino
Joint Adoption Yes EXCEPT Yes
1. One spouse seeks to adopt the legitimate
son/daughter of another;
2. One spouse seeks to adopt his/her own
illegitimate son/daughter BUT other
spouse must consent; (adoption of
illegitimate son/daughter of the other spouse
needs to be joint)
3. Spouses are legally separated
Written consent 1. Adoptee, if 10 years of age or over 1. Adopter’s biological or adopted children above
in the form of an 2. Biological parent(s) if known, or the legal 10 years of age
affidavit guardian, or the proper agency which has 2. If satisfactory pre-adoptive relationship is
custody over the child formed, the written consent of the DSWD
3. Legitimate and adopted sons/daughters over
10 years of age of the adopter(s) and
adoptee, if any
4. Illegitimate sons/daughters, 10 years of age or
over, of the adopter if living with the said
adopter and the latter’s spouse
5. Spouse, of the adopter or the adoptee.
Supervised Trial • Period is six months but maybe reduced • Takes place outside the country for a period of
Custody by the court motu proprio or upon six months.
motion • If unsuccessful, the ICAB shall look for another
applicant; repatriation is only last resort
 • IF adopter is alien, period may not be • If successful, ICAB will transmit a written
reduced EXCEPT consent for the adoption executed by the DSWD
1. A former Filipino seeks to adopt a and to be application is filed in the applicant’s
relative within the 4th degree of home country.
consanguinity or affinity
2. One seeks to adopt the legitimate
son/daughter of his/her (NOT
FORMER) Filipino spouse
3. One who is married to a (NOT
FORMER) Filipino and seeks to
adopt jointly with spouse a
relative within 4th degree of
consanguinity or affinity of the
Filipino spouse.
• RA 10165 provides that the supervised trial
custody in the adoption of a foster child by the
designated foster parents may be partially
waived to the extent of the period equivalent
to the period in which the foster child is in the
foster care of the foster parents; provided, that
a harmonious relationship exists between the
foster child, foster parents, and, where
applicable, the foster family