Domestic Adoption (Step-by-step

procedure) RA8552
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1. Pre-Adoption Counseling/ Seminar

Adoptive Parents are required to attend a seminar or fora at the DSWD to help then
assess their motivation.

2. Filing an Application
Adoptive Parents files an application for adoption at the DSWD after completing the
seminar or fora.

3. Declaration of the child as Abandoned (Optional)

If efforts to locate the biological parents shall fail, the child shall be registered as
foundling. The child shall then be a subject to legal proceedings to declare him/her
abandoned and ready for adoption.

4. Homestudy
Adoptive parents make arrangements for Homestudy to beconducted by DSWD or
child-placing agency. If the adoptive parents residing abroad, the Homestudy shall
only be conducted by an agency duly accredited by the Inter-country adoption board.

5. Matching
Matching of the child to the adoptive parents based on the Home Study is conducted
by the DSWD.

6. Issuance of pre-adoption placement authority

DSWD issues a pre-adoption placement authority attesting that the child is ready for
supervised trial custody.

7. Supervised Trial Custody

The child is placed under the custody of the adoptive parents for a period of six(6)
months.

8. Consent to Adoption
DSWD issues its written consent to adoption after the supervised trial custody.

9. Filing of Petition for Adoption at the Regional Trial Court

Adoptive parents file a Petition for Adoption at the Regionalwithin 30 days after the
receipt of the consent to Adopt.

10. Publication and Hearing of the Petition

 Before hearing, RTC Orders the publication of the Hearing of the Petition in the
newspaper of general circulation once a week for three consecutive weeks. Adoptive
parents and adoptee are required to attend the hearings.

11. Issuance of the Decree of Adoption

Upon approval of the adoption, the court issues an adoption decree and enters a
judgment. Time frame is 6 monthsfrom the date of submission of the Petition for
Resolution.

12. Authorization to Travel Abroad

Once the adoption is already final, the DSWD shall issue a written authorization for
the child to travel abroad. The birth certificate of the child is also amended to reflect
the names of the adoptive parents. The Decree of Adoption becomes final after 15
days from date of the receipt of the parties. Provided that the Department of Justice
did not file and Appeal.

Adoption : Requirements and

Supporting Documents
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For prospective adoptive parents

1. Homestudy Report
2. Authenticated birth certificate;
3. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal
Separation documents;
4. Written consent to the adoption by the legitimate and adopted sons/daughters, and
illegitimate sons/daughters if living with the applicant, who are at least ten (10) years
old;
5. Physical and medical evaluation by a duly licensed physician; and when
appropriate, psychological evaluation;
6. NBI/Police Clearance;
7. Latest income tax return or any other documents showing financial capability, e.g.
Certificate of Employment, Bank Certificate or Statement of Assets and Liabilities;
8. Three (3) character references, e.g. the local Church/Minister, the employer, and a
non-relative member of the immediate community who have known the applicant(s)
for at least three (3) years;
9. Pictures of the applicant(s) and his/her immediate family taken within the last three
(3) months;
10. Certificate of attendance to pre-adoption fora or seminars.
In addition, foreign nationals shall submit the following:
:: 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 legitimate child which may be issued by
his/her country's diplomatic or consular office or central authority on intercountry
adoption or any government agency which has jurisdiction over child and family
matters; or, in the absence of any of the foregoing, the Philippine Intercountry
Adoption Board may also certify that the Philippines and the applicants' country have
 an existing agreement or arrangement on intercountry adoption whereby a child who
has been adopted in the Philippines or has a pre-adoption placement approved by
the Board is allowed to enter and remain as permanent resident in the applicants'
country as his/her legitimate child.
:: Certificate of Residence in the Philippines issued by the Bureau of Immigration or
Department of Foreign Affairs, as appropriate;
:: Two (2) character references from a 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;
:: Police Clearance from all places of residence in the past two years immediately
prior to residing in the Philippines.
In the case of an applicant who is residing abroad, but is otherwise qualified to adopt
in the Philippines under the provisions of the Act, the Homestudy Report shall be
prepared by an accredited foreign adoption agency. However, a certification from the
Inter-country Adoption Board shall be required to ensure that said agency is
accredited.

For prospective adoptive child

1. Child Study Report
2. Authenticated birth certificate or foundling certificate, when appropriate;
3. Written consent to adoption by the biological parent(s) or the legal guardian and
the written consent of the child if at least ten (10) years old, signed in the presence of
the social worker of the Department or child caring agency after proper counseling as
prescribed in Section III of these Rules;
4. Death Certificate of biological parents, Decree of Abandonment or Deed of
Voluntary Commitment, as appropriate;
5. Medical evaluation of the child and his/her parent(s), if available;
6. Psychological evaluation, when appropriate; and
7. Picture of the child.

Who can Adopt a Filipino Child?

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1. Any Filipino citizen of legal age, in possession of full civil capacity and legal rights,
of good moral character, has not been convicted of any crime involving moral
turpitude, emotionally and psychologically capable of caring for children, at least
sixteen (16) years older than the adoptee, and who is in a position to support and
care for his/her children in keeping with the means of the family. The requirement of
sixteen (16) year difference between the age of the adopter and adoptee may be
waived when the adopter is the biological parent of the adoptee, or is the spouse of
the adoptee's parent;

2. Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the Republic of
the Philippines, that he/she has been living in the Philippines for at least three (3)
continuous years prior to the filing of the application for adoption and maintains such
residence until the adoption decree is entered, that he/she has been certified by
his/her diplomatic or consular office or any appropriate government agency that
he/she 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 his/her adopted
son/daughter: Provided, Further, That the requirements on residency and certification
of the alien's qualification to adopt in his/her country may be waived for the following:

> A former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree
of consanguinity or affinity; or

> One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or

> One who 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; or

Husband and wife shall jointly adopt, except in the following cases:

A. If one spouse seeks to adopt the legitimate son/daughter

of the other, or

B. If one spouse seeks to adopt his/her own illegitimate

son/daughter: Provide, However, that the other spouse has
signified his/her consent thereto: or

C. If the spouses are legally separated from each other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate
son/daughter of the other, joint parental authority shall be exercised by the spouses

3. The guardian with respect to the ward after the termination of the guardianship
and clearance of his/her financial accountabilities.

Children eligible for adoption

1. Any person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption in accordance with the procedures as
indicated in Articles 142 to 155 of the P.D. 603: The Child and Youth Welfare Code;

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).

What is Adoption?
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ADOPTION is a social and legal procedure of giving a stable family to a child whose
parents have voluntarily or involuntarily surrendered parental authority over the
child.
Adoption is for a child who cannot be raised by their birth parent and who need a
new and permanent family. It offers equivalent mutual rights and obligations as the
same as between children and their biological parents. It includes of social work and
other professional services that are required in the placement of children in adoptive
families.
Children whose parents are either gone or incapable to function as parents need the
safeguard of the State. Care of the child requires adequate study to be assured that
the assignment is suitable and present no threat to the child's growth and
development. The Philippine government through the Department of Social Welfare
and Development has a concern in every adoption including those by stepparents
and relatives.

Adoption Process
1. Pre-Adoption Counseling/ Seminar
Parents that are planing to adopt are obliged to attend a seminar or fora at the
DSWD to help then assess their motivation.
2. Filing an Application
Parents that are planing to adopt must file an application for adoption at the DSWD
after completing the seminar or fora.
3. Declaration of the child as Abandoned (Optional)
If efforts to locate the biological parents shall not succeed, the child will be registered
as foundling. The child will be then subject to legal proceedings to declare him/her
abandoned and ready for adoption.
4. Homestudy
Adoptive parents make arrangements for Homestudy to beconducted by DSWD or
child-placing agency. If the parents planning to adopt residing abroad, the it shall
only be done by an agency duly accredited by the Inter-country adoption board.
5. Matching
Matching of the candidate child to the possible adoptive parents based on the Home
Study is conducted by the DSWD.
6. Issuance of pre-adoption placement authority
Department of Social Welfare and Development release a pre-adoption placement
authority attesting that the child is ready for supervised trial custody.
7. Supervised Trial Custody
The child is placed under the custody of the possible adoptive parents for a period of
six(6) months.
8. Consent to Adoption
DSWD issues its written consent to adoption after the supervised trial custody.
9. Filing of Petition for Adoption at the Regional Trial Court
the Petition for Adoption shall be filed within 30 days after the receipt of the consent
to Adopt.
10. Publication and Hearing of the Petition
Before hearing, RTC Orders the publication of the Hearing of the Petition in the
newspaper of general circulation once a week for three consecutive weeks.The
parents planning to adopt and adoptee are required to attend the hearings.
11. Issuance of the Decree of Adoption
Upon approval of the adoption, the court issues an adoption decree and enters a
judgment. Time frame is 6 monthsfrom the date of submission of the Petition for
Resolution.
12. Authorization to Travel Abroad
Once the adoption is already final, the Department of Social Welfare and
Development shall issue a authorization in writing for the child to travel outside the
country. The birth certificate of the child is also amended to reflect the names of the
adoptive parents. The Decree of Adoption becomes final after 15 days from date of
the receipt of the parties. Provided that the DOJ did not file and Appeal.

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