There are many reasons for a family to choose to adopt.

Making the decision to adopt a child will

change a family's life. Some people adopt because they can't have kids. Others adopt in order to
provide a home for a child that needs a family. Some families are led to domestic adoption
through foster care or private adoption while others choose to adopt internationally. No matter
which choice leads the family to this point, the adoption process is pretty much the same for
everyone.
. Types of !doption
There are many choices when it comes to types of adoptions available. "omestic adoptions can
happen through private agencies or through state#ran foster care. $rivate adoptions can be
e%pensive, and the wait time can be very long, especially if a couple wants to adopt a baby.
&oster adoptions can sometimes move faster, and will cost less money, but often involve older
children. 'nternational adoptions can be very e%pensive with a long wait time. Some people prefer
this choice as a way to avoid dealing with birth families. Others are called to help the children in a
specific country.
(ome Study and $aperwork
The home study will involve two to three visits with a social worker. The first two visits are usually
)ust talking with and gathering information for the social worker. The final visit consists of a home
tour where the social worker looks over the adoptive child's room and makes sure the house is
safe and meets all re*uirements. The adoptive parents will fill out a stack of paperwork that is
usually provided during the first appointment.
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&ingerprints and -ackground ,heck
The safety of the adopted child is very important. !ppointments will need to be made for
fingerprints. both on the local and national level and for a background check. There will be fees
charged for these procedures. Many potential adoptive parents have events in their past that
might concern them when it comes to adoption. 't's always best to disclose any concerns to the
social worker or agency up front. They'll be able to advise you on the best way to proceed.
$hysicals
The health of the adoptive family is also important. 't's not fair for an adopted child to settle into a
home, )ust to have a severe health crisis throw things into upheaval. /hile there's no way to
predict the future when it comes to health and accidents, knowing about serious health issues up
front will help the agency decide the best route to take. 'f other children live in the home, they'll
need physicals, too.
Travel
'n most cases, the family will travel to pick up the child if they live overseas or in another state.
These pick#up trips can last days to weeks, depending on the location and the re*uirements of
the country or state. Some international adoptions re*uire two separate trips. These trips involve
court visits, embassy meetings, physicals for the child, etc. The adoptions are usually finali0ed
after the return to the home state.
RULE ON ADOPTION
A. DOMESTIC ADOPTION
Section 1. Applicability of the Rule. 1 This 2ule covers the domestic adoption of &ilipino children.
Section 2. Objectives. 1 3a4 The best interests of the child shall be the paramount consideration
in all matters relating to his care, custody and adoption, in accordance with $hilippine laws, the
5nited Nations 35N4 ,onvention on the 2ights of the ,hild, 5N "eclaration on Social and 6egal
$rinciples 2elating to the $rotection and /elfare of ,hildren with Special 2eference to &oster
$lacement and !doption, Nationally and 'nternationally, and the (ague ,onvention on the
$rotection of ,hildren and ,ooperation in 2espect of 'nter#country !doption.
3b4 The State shall provide alternative protection and assistance through foster care or
adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this
end, the State shall7
3i4 ensure that every child remains under the care and custody of his parents and
is provided with love, care, understanding and security for the full and
harmonious development of his personality. Only when such efforts prove
insufficient and no appropriate placement or adoption within the child8s e%tended
family is available shall adoption by an unrelated person be considered.
3ii4 safeguard the biological parents from making hasty decisions in relin*uishing
their parental authority over their child.
3iii4 prevent the child from unnecessary separation from his biological parents.
3iv4 conduct public information and educational campaigns to promote a positive
environment for adoption.
3v4 ensure that government and private sector agencies have the capacity to
handle adoption in*uiries, process domestic adoption applications and offer
adoption#related services including, but not limited to, parent preparation and
post#adoption education and counseling.
3vi4 encourage domestic adoption so as to preserve the child8s identity and
culture in his native land, and only when this is not available shall inter#country
adoption be considered as a last resort. and
3vii4 protect adoptive parents from attempts to disturb their parental authority and
custody over their adopted child.
!ny voluntary or involuntary termination of parental authority shall be administratively or
)udicially declared so as to establish the status of the child as 9legally available for
adoption: and his custody transferred to the "epartment of Social /elfare and
"evelopment or to any duly licensed and accredited child#placing or child#caring agency,
which entity shall be authori0ed to take steps for the permanent placement of the child.
Section 3. Definition of Terms. 1 &or purposes of this 2ule7
3a4 9,hild: is a person below eighteen 3;4 years of age at the time of the filing of the
petition for adoption.
3b4 9! child legally available for adoption: refers to a child who has been voluntarily or
involuntarily committed to the "epartment or to a duly licensed and accredited child#
placing or child#caring agency, freed of the parental authority of his biological parents, or
in case of rescission of adoption, his guardian or adopter3s4.
3c4 9<oluntarily committed child: is one whose parents knowingly and willingly relin*uish
parental authority over him in favor of the "epartment.
3d4 9'nvoluntarily committed child: is one whose parents, known or unknown, have been
permanently and )udicially deprived of parental authority over him due to abandonment.
substantial, continuous or repeated neglect and abuse. or incompetence to discharge
parental responsibilities.
3e4 9&oundling: refers to a deserted or abandoned infant or child whose parents, guardian
or relatives are unknown. or a child committed to an orphanage or charitable or similar
institution with unknown facts of birth and parentage and registered in the ,ivil 2egister
as a 9foundling.:
3f4 9!bandoned child: refers to one who has no proper parental care or guardianship or
whose parents have deserted him for a period of at least si% 3=4 continuous months and
has been )udicially declared as such.
3g4 9"ependent child: refers to one who is without a parent, guardian or custodian or one
whose parents, guardian or other custodian for good cause desires to be relieved of his
care and custody and is dependent upon the public for support.
3h4 9Neglected child: is one whose basic needs have been deliberately not attended to or
inade*uately attended to, physically or emotionally, by his parents or guardian.
3i4 9$hysical neglect: occurs when the child is malnourished, ill#clad and without proper
shelter.
3)4 9>motional neglect: e%ists when a child is raped, seduced, maltreated, e%ploited,
overworked or made to work under conditions not conducive to good health or made to
beg in the streets or public places, or placed in moral danger, or e%posed to drugs,
alcohol, gambling, prostitution and other vices.
3k4 9,hild#placement agency: refers to an agency duly licensed and accredited by the
"epartment to provide comprehensive child welfare services including, but not limited to,
receiving applications for adoption, evaluating the prospective adoptive parents and
preparing the adoption home study report.
3l4 9,hild#caring agency: refers to an agency duly licensed and accredited by the
"epartment that provides ?@#hour residential care services for abandoned, orphaned,
neglected or voluntarily committed children.
3m4 9"epartment: refers to the "epartment of Social /elfare and "evelopment.
3n4 9"eed of <oluntary ,ommitment: refers to the written and notari0ed instrument
relin*uishing parental authority and committing the child to the care and custody of the
"epartment e%ecuted by the child8s biological parents or in their absence, mental
incapacity or death, by the child8s legal guardian, to be witnessed by an authori0ed
representative of the "epartment after counseling and other services have been made
available to encourage the biological parents to keep the child.
3o4 9,hild Study 2eport: refers to a study made by the court social worker of the child8s
legal status, placement history, psychological, social, spiritual, medical, ethno#cultural
background and that of his biological family needed in determining the most appropriate
placement for him.
3p4 9(ome Study 2eport: refers to a study made by the court social worker of the
motivation and capacity of the prospective adoptive parents to provide a home that meets
the needs of a child.
3*4 9Supervised trial custody: refers to the period of time during which a social worker
oversees the ad)ustment and emotional readiness of both adopters and adoptee in
stabili0ing their filial relationship.
3r4 96icensed Social /orker: refers to one who possesses a degree in bachelor of
science in social work as a minimum educational re*uirement and who has passed the
government licensure e%amination for social workers as re*uired by 2epublic !ct No.
@ABA.
3s4 9Simulation of birth: is the tampering of the civil registry to make it appear in the birth
records that a certain child was born to a person who is not his biological mother, thus
causing such child to lose his true identity and status.
3t4 9-iological $arents: refer to the child8s mother and father by nature.
3u4 9$re#!doption Services: refer to psycho#social services provided by professionally#
trained social workers of the "epartment, the social services units of local governments,
private and government health facilities, &amily ,ourts, licensed and accredited child#
caring and child#placement agencies and other individuals or entities involved in adoption
as authori0ed by the "epartment.
3v4 92esidence: means a person8s actual stay in the $hilippines for three 3A4 continuous
years immediately prior to the filing of a petition for adoption and which is maintained until
the adoption decree is entered. Temporary absences for professional, business, health,
or emergency reasons not e%ceeding si%ty 3=C4 days in one 34 year does not break the
continuity re*uirement.
3w4 9!lien: refers to any person, not a &ilipino citi0en, who enters and remains in the
$hilippines and is in possession of a valid passport or travel documents and visa.
Section 4. Who may adopt. 1 The following may adopt7
34 !ny &ilipino citi0en 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. who
is emotionally and psychologically capable of caring for children, at least si%teen 3=4
years older than the adoptee, and who is in a position to support and care for his children
in keeping with the means of the family. The re*uirement of a =#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 adoptee8s parent.
3?4 !ny alien possessing the same *ualifications as above#stated for &ilipino nationals7
$rovided, That his country has diplomatic relations with the 2epublic of the $hilippines,
that he has been living in the $hilippines for at least three 3A4 continuous years prior to
the filing of the petition for adoption and maintains such residence until the adoption
decree is entered, that he has been certified by his diplomatic or consular office or any
appropriate government agency to have the legal capacity to adopt in his country, and
that his government allows the adoptee to enter his country as his adopted child.
$rovided, further, That the re*uirements on residency and certification of the alien8s
*ualification to adopt in his country may be waived for the following7
3i4 a former &ilipino citi0en who seeks to adopt a relative within the fourth 3@th4
degree of consanguinity or affinity. or
3ii4 one who seeks to adopt the legitimate child of his &ilipino spouse. or
3iii4 one who is married to a &ilipino citi0en and seeks to adopt )ointly with his
spouse a relative within the fourth 3@th4 degree of consanguinity or affinity of the
&ilipino spouse.
3A4 The guardian with respect to the ward after the termination of the guardianship and
clearance of his financial accountabilities.
(usband and wife shall )ointly adopt, e%cept in the following cases7
3i4 if one spouse seeks to adopt the legitimate child of one spouse by the other
spouse. or
3ii4 if one spouse seeks to adopt his own illegitimate child7 $rovided, however,
That the other spouse has signified his consent thereto. or
3iii4 if the spouses are legally separated from each other.
'n case husband and wife )ointly adopt or one spouse adopts the illegitimate child of the
other, )oint parental authority shall be e%ercised by the spouses.
Section . Who may be adopted. 1 The following may be adopted7
34 !ny person below eighteen 3;4 years of age who has been voluntarily committed to
the "epartment under !rticles D@, DD and D= of $.". No. =CA or )udicially declared
available for adoption.
3?4 The legitimate child of one spouse, by the other spouse.
3A4 !n illegitimate child, by a *ualified adopter to raise the status of the former to that of
legitimacy.
3@4 ! person of legal age regardless of civil status, if, prior to the adoption, said person
has been consistently considered and treated by the adopters as their own child since
minority.
3D4 ! child whose adoption has been previously rescinded. or
3=4 ! child whose biological or adoptive parents have died7 $rovided, That no
proceedings shall be initiated within si% 3=4 months from the time of death of said parents.
3B4 ! child not otherwise dis*ualified by law or these rules.
Section !. Venue. 1 The petition for adoption shall be filed with the &amily ,ourt of the province
or city where the prospective adoptive parents reside.
Section ". Contents of the Petition. 1 The petition shall be verified and specifically state at the
heading of the initiatory pleading whether the petition contains an application for change of name,
rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of
child as abandoned, dependent or neglected.
4 'f the adopter is a &ilipino citi0en, the petition shall allege the following7
3a4 The )urisdictional facts.
3b4 That the petitioner is of legal age, in possession of full civil capacity and legal
rights. is of good moral character. has not been convicted of any crime involving
moral turpitude. is emotionally and psychologically capable of caring for children.
is at least si%teen 3=4 years older than the adoptee, unless the adopter is the
biological parent of the adoptee or is the spouse of the adoptee8s parent. and is
in a position to support and care for his children in keeping with the means of the
family and has undergone pre#adoption services as re*uired by Section @ of
2epublic !ct No. ;DD?.
?4 'f the adopter is an alien, the petition shall allege the following7
3a4 The )urisdictional facts.
3b4 Sub#paragraph 3b4 above.
3c4 That his country has diplomatic relations with the 2epublic of the $hilippines.
3d4 That he has been certified by his diplomatic or consular office or any
appropriate government agency to have the legal capacity to adopt in his country
and his government allows the adoptee to enter his country as his adopted child
and reside there permanently as an adopted child. and
3e4 That he has been living in the $hilippines for at least three 3A4 continuous
years prior to the filing of the petition and he maintains such residence until the
adoption decree is entered.
The re*uirements of certification of the alien8s *ualification to adopt in his country
and of residency may be waived if the alien7
3i4 is a former &ilipino citi0en who seeks to adopt a relative within the
fourth degree of consanguinity or affinity. or
3ii4 seeks to adopt the legitimate child of his &ilipino spouse. or
3iii4 is married to a &ilipino citi0en and seeks to adopt )ointly with his
spouse a relative within the fourth degree of consanguinity or affinity of
the &ilipino spouse.
A4 'f the adopter is the legal guardian of the adoptee, the petition shall allege that
guardianship had been terminated and the guardian had cleared his financial
accountabilities.
@4 'f the adopter is married, the spouse shall be a co#petitioner for )oint adoption e%cept if7
3a4 one spouse seeks to adopt the legitimate child of the other, or
3b4 if one spouse seeks to adopt his own illegitimate child and the other spouse
signified written consent thereto, or
3c4 if the spouses are legally separated from each other.
D4 'f the adoptee is a foundling, the petition shall allege the entries which should appear
in his birth certificate, such as name of child, date of birth, place of birth, if known. se%,
name and citi0enship of adoptive mother and father, and the date and place of their
marriage.
=4 'f the petition prays for a change of name, it shall also state the cause or reason for the
change of name.
'n all petitions, it shall be alleged7
3a4 The first name, surname or names, age and residence of the adoptee as
shown by his record of birth, baptismal or foundling certificate and school
records.
3b4 That the adoptee is not dis*ualified by law to be adopted.
3c4 The probable value and character of the estate of the adoptee.
3d4 The first name, surname or names by which the adoptee is to be known and
registered in the ,ivil 2egistry.
! certification of non#forum shopping shall be included pursuant to Section D, 2ule B of
the EEB 2ules of ,ivil $rocedure.
Section #. Rectification of imulated !irth. 1 'n case the petition also seeks rectification of a
simulated of birth, it shall allege that7
3a4 $etitioner is applying for rectification of a simulated birth.
3b4 The simulation of birth was made prior to the date of effectivity of 2epublic !ct No.
;DD? and the application for rectification of the birth registration and the petition for
adoption were filed within five years from said date.
3c4 The petitioner made the simulation of birth for the best interests of the adoptee. and
3d4 The adoptee has been consistently considered and treated by petitioner as his own
child.
Section $. Adoption of a foundlin"# an abandoned# dependent or ne"lected child. 1 'n case the
adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege7
3a4 The facts showing that the child is a foundling, abandoned, dependent or neglected.
3b4 The names of the parents, if known, and their residence. 'f the child has no known or
living parents, then the name and residence of the guardian, if any.
3c4 The name of the duly licensed child#placement agency or individual under whose care
the child is in custody. and
3d4 That the "epartment, child#placement or child#caring agency is authori0ed to give its
consent.
Section 1%. Chan"e of name. 1 'n case the petition also prays for change of name, the title or
caption must contain7
3a4 The registered name of the child.
3b4 !liases or other names by which the child has been known. and
3c4 The full name by which the child is to be known.
Section 11. Anne$es to the Petition. 1 The following documents shall be attached to the petition7
!. -irth, baptismal or foundling certificate, as the case may be, and school records
showing the name, age and residence of the adoptee.
-. !ffidavit of consent of the following7
. The adoptee, if ten 3C4 years of age or over.
?. The biological parents of the child, if known, or the legal guardian, or the child#
placement agency, child#caring agency, or the proper government instrumentality
which has legal custody of the child.
A. The legitimate and adopted children of the adopter and of the adoptee, if any,
who are ten 3C4 years of age or over.
@. The illegitimate children of the adopter living with him who are ten 3C4 years of
age or over. and
D. The spouse, if any, of the adopter or adoptee.
,. ,hild study report on the adoptee and his biological parents.
". 'f the petitioner is an alien, certification by his diplomatic or consular office or any
appropriate government agency that he has the legal capacity to adopt in his country and
that his government allows the adoptee to enter his country as his own adopted child
unless e%empted under Section @3?4.
>. (ome study report on the adopters. 'f the adopter is an alien or residing abroad but
*ualified to adopt, the home study report by a foreign adoption agency duly accredited by
the 'nter#,ountry !doption -oard. and
&. "ecree of annulment, nullity or legal separation of the adopter as well as that of the
biological parents of the adoptee, if any.
Section 12. Order of %earin". 1 'f the petition and attachments are sufficient in form and
substance, the court shall issue an order which shall contain the following7
34 the registered name of the adoptee in the birth certificate and the names by which the
adoptee has been known which shall be stated in the caption.
3?4 the purpose of the petition.
3A4 the complete name which the adoptee will use if the petition is granted.
3@4 the date and place of hearing which shall be set within si% 3=4 months from the date of
the issuance of the order and shall direct that a copy thereof be published before the date
of hearing at least once a week for three successive weeks in a newspaper of general
circulation in the province or city where the court is situated. $rovided, that in case of
application for change of name, the date set for hearing shall not be within four 3@4
months after the last publication of the notice nor within thirty 3AC4 days prior to an
election.
The newspaper shall be selected by raffle under the supervision of the >%ecutive Fudge.
3D4 a directive to the social worker of the court, the social service office of the local
government unit or any child#placing or child#caring agency, or the "epartment to prepare
and submit child and home study reports before the hearing if such reports had not been
attached to the petition due to unavailability at the time of the filing of the latter. and
3=4 a directive to the social worker of the court to conduct counseling sessions with the
biological parents on the matter of adoption of the adoptee and submit her report before
the date of hearing.
!t the discretion of the court, copies of the order of hearing shall also be furnished the Office of
the Solicitor General through the provincial or city prosecutor, the "epartment and the biological
parents of the adoptee, if known.
'f a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General
shall be mandatory.
Section 13. Child and %ome tudy Reports. 1 'n preparing the child study report on the adoptee,
the concerned social worker shall verify with the ,ivil 2egistry the real identity and registered
name of the adoptee. 'f the birth of the adoptee was not registered with the ,ivil 2egistry, it shall
be the responsibility of the social worker to register the adoptee and secure a certificate of
foundling or late registration, as the case may be.
The social worker shall establish that the child is legally available for adoption and the documents
in support thereof are valid and authentic, that the adopter has sincere intentions and that the
adoption shall inure to the best interests of the child.
'n case the adopter is an alien, the home study report must show the legal capacity to adopt and
that his government allows the adoptee to enter his country as his adopted child in the absence of
the certification re*uired under Section B3b4 of 2epublic !ct No. ;DD?.
'f after the conduct of the case studies, the social worker finds that there are grounds to deny the
petition, he shall make the proper recommendation to the court, furnishing a copy thereof to the
petitioner.
Section 14. %earin". 1 5pon satisfactory proof that the order of hearing has been published and
)urisdictional re*uirements have been complied with, the court shall proceed to hear the petition.
The petitioner and the adoptee must personally appear and the former must testify before the
presiding )udge of the court on the date set for hearing.
The court shall verify from the social worker and determine whether the biological parent has
been properly counseled against making hasty decisions caused by strain or an%iety to give up
the child. ensure that all measures to strengthen the family have been e%hausted. and ascertain if
any prolonged stay of the child in his own home will be inimical to his welfare and interest.
Section 1. upervised Trial Custody. 1 -efore issuance of the decree of adoption, the court
shall give the adopter trial custody of the adoptee for a period of at least si% 3=4 months within
which the parties are e%pected to ad)ust psychologically and emotionally to each other and
establish a bonding relationship. The trial custody shall be monitored by the social worker of the
court, the "epartment, or the social service of the local government unit, or the child#placement or
child#caring agency which submitted and prepared the case studies. "uring said period,
temporary parental authority shall be vested in the adopter.
The court may, motu proprio or upon motion of any party, reduce the period or e%empt the parties
if it finds that the same shall be for the best interests of the adoptee, stating the reasons therefor.
!n alien adopter however must complete the =#month trial custody e%cept the following7
a4 a former &ilipino citi0en who seeks to adopt a relative within the fourth 3@th4 degree of
consanguinity or affinity. or
b4 one who seeks to adopt the legitimate child of his &ilipino spouse. or
c4 one who is married to a &ilipino citi0en and seeks to adopt )ointly with his or her
spouse the latter8s relative within the fourth 3@th4 degree of consanguinity or affinity.
'f the child is below seven 3B4 years of age and is placed with the prospective adopter through a
pre#adoption placement authority issued by the "epartment, the court shall order that the
prospective adopter shall en)oy all the benefits to which the biological parent is entitled from the
date the adoptee is placed with him.
The social worker shall submit to the court a report on the result of the trial custody within two
weeks after its termination.
Section 1!. Decree of Adoption. 1 'f the supervised trial custody is satisfactory to the parties and
the court is convinced from the trial custody report and the evidence adduced that the adoption
shall redound to the best interests of the adoptee, a decree of adoption shall be issued which
shall take effect as of the date the original petition was filed even if the petitioners die before its
issuance.
The decree shall7
!. State the name by which the child is to be known and registered.
-. Order7
4 the ,lerk of ,ourt to issue to the adopter a certificate of finality upon e%piration
of the D#day reglementary period within which to appeal.
?4 the adopter to submit a certified true copy of the decree of adoption and the
certificate of finality to the ,ivil 2egistrar where the child was originally registered
within thirty 3AC4 days from receipt of the certificate of finality. 'n case of change
of name, the decree shall be submitted to the ,ivil 2egistrar where the court
issuing the same is situated.
A4 the ,ivil 2egistrar of the place where the adoptee was registered7
a. to annotate on the adoptee8s original certificate of birth the decree of
adoption within thirty 3AC4 days from receipt of the certificate of finality.
b. to issue a certificate of birth which shall not bear any notation that it is
a new or amended certificate and which shall show, among others, the
following7 registry number, date of registration, name of child, se%, date
of birth, place of birth, name and citi0enship of adoptive mother and
father, and the date and place of their marriage, when applicable.
c. to seal the original certificate of birth in the civil registry records which
can be opened only upon order of the court which issued the decree of
adoption. and
d. to submit to the court issuing the decree of adoption proof of
compliance with all the foregoing within thirty days from receipt of the
decree.
'f the adoptee is a foundling, the court shall order the ,ivil 2egistrar where the
foundling was registered, to annotate the decree of adoption on the foundling
certificate and a new birth certificate shall be ordered prepared by the ,ivil
2egistrar in accordance with the decree.
Section 1". !oo& of Adoptions. 1 The ,lerk of ,ourt shall keep a book of adoptions showing the
date of issuance of the decree in each case, compliance by the ,ivil 2egistrar with Section =3-4
3A4 and all incidents arising after the issuance of the decree.
Section 1#. Confidential 'ature of Proceedin"s and Records. 1 !ll hearings in adoption cases,
after compliance with the )urisdictional re*uirements shall be confidential and shall not be open to
the public. !ll records, books and papers relating to the adoption cases in the files of the court,
the "epartment, or any other agency or institution participating in the adoption proceedings shall
be kept strictly confidential.
'f the court finds that the disclosure of the information to a third person is necessary for security
reasons or for purposes connected with or arising out of the adoption and will be for the best
interests of the adoptee, the court may, upon proper motion, order the necessary information to
be released, restricting the purposes for which it may be used.
Section 1$. Rescission of Adoption of the Adoptee. 1 The petition shall be verified and filed by
the adoptee who is over eighteen 3;4 years of age, or with the assistance of the "epartment, if
he is a minor, or if he is over eighteen 3;4 years of age but is incapacitated, by his guardian or
counsel.
The adoption may be rescinded based on any of the following grounds committed by the adopter7
4 repeated physical and verbal maltreatment by the adopter despite having undergone
counseling.
?4 attempt on the life of the adoptee.
A4 se%ual assault or violence. or
@4 abandonment or failure to comply with parental obligations.
!doption, being in the best interests of the child, shall not be sub)ect to rescission by the adopter.
(owever, the adopter may disinherit the adoptee for causes provided in !rticle EE of the ,ivil
,ode.

Section 2%. Venue. 1 The petition shall be filed with the &amily ,ourt of the city or province
where the adoptee resides.
Section 21. Time (ithin (hich to file petition. 1 The adoptee, if incapacitated, must file the
petition for rescission or revocation of adoption within five 3D4 years after he reaches the age of
ma)ority, or if he was incompetent at the time of the adoption, within five 3D4 years after recovery
from such incompetency.
Section 22. Order to Ans(er. 1 The court shall issue an order re*uiring the adverse party to
answer the petition within fifteen 3D4 days from receipt of a copy thereof. The order and copy of
the petition shall be served on the adverse party in such manner as the court may direct.
Section 23. )ud"ment. 1 'f the court finds that the allegations of the petition are true, it shall
render )udgment ordering the rescission of adoption, with or without costs, as )ustice re*uires.
The court shall order that the parental authority of the biological parent of the adoptee, if known,
or the legal custody of the "epartment shall be restored if the adoptee is still a minor or
incapacitated and declare that the reciprocal rights and obligations of the adopter and the
adoptee to each other shall be e%tinguished.
The court shall further declare that successional rights shall revert to its status prior to adoption,
as of the date of )udgment of )udicial rescission. <ested rights ac*uired prior to )udicial rescission
shall be respected.
't shall also order the adoptee to use the name stated in his original birth or foundling certificate.
The court shall further order the ,ivil 2egistrar where the adoption decree was registered to
cancel the new birth certificate of the adoptee and reinstate his original birth or foundling
certificate.
Section 24. ervice of )ud"ment. 1 ! certified true copy of the )udgment together with a
certificate of finality issued by the -ranch ,lerk of the ,ourt which rendered the decision in
accordance with the preceding Section shall be served by the petitioner upon the ,ivil 2egistrar
concerned within thirty 3AC4 days from receipt of the certificate of finality. The ,ivil 2egistrar shall
forthwith enter the rescission decree in the register and submit proof of compliance to the court
issuing the decree and the ,lerk of ,ourt within thirty 3AC4 days from receipt of the decree.
The ,lerk of ,ourt shall enter the compliance in accordance with Section B hereof.
Section 2. Repeal. # This supersedes 2ule EE on !doption and 2ule CC of the 2ules of ,ourt.



&. INTER'COUNTR( ADOPTION

Section 2!. Applicability. 1 The following sections apply to inter#country adoption of &ilipino
children by foreign nationals and &ilipino citi0ens permanently residing abroad.
Section 2". Objectives. 1 The State shall7
a4 consider inter#country adoption as an alternative means of child care, if the child
cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be
cared for in the $hilippines.
b4 ensure that the child sub)ect of inter#country adoption en)oys the same protection
accorded to children in domestic adoption. and
c4 take all measures to ensure that the placement arising therefrom does not result in
improper financial gain for those involved.
Section 2#. Where to *ile Petition. 1 ! verified petition to adopt a &ilipino child may be filed by a
foreign national or &ilipino citi0en permanently residing abroad with the &amily ,ourt having
)urisdiction over the place where the child resides or may be found.
't may be filed directly with the 'nter#,ountry !doption -oard.
Section 2$. Who may be adopted. 1 Only a child legally available for domestic adoption may be
the sub)ect of inter#country adoption.
Section 3%. Contents of Petition. 1 The petitioner must allege7
a4 his age and the age of the child to be adopted, showing that he is at least twenty#
seven 3?B4 years of age and at least si%teen 3=4 years older than the child to be adopted
at the time of application, unless the petitioner is the parent by nature of the child to be
adopted or the spouse of such parent, in which case the age difference does not apply.
b4 if married, the name of the spouse who must be )oined as co#petitioner e%cept when
the adoptee is a legitimate child of his spouse.
c4 that he has the capacity to act and assume all rights and responsibilities of parental
authority under his national laws, and has undergone the appropriate counseling from an
accredited counselor in his country.
d4 that he has not been convicted of a crime involving moral turpitude.
e4 that he is eligible to adopt under his national law.
f4 that he can provide the proper care and support and instill the necessary moral values
and e%ample to all his children, including the child to be adopted.
g4 that he agrees to uphold the basic rights of the child, as embodied under $hilippine
laws and the 5. N. ,onvention on the 2ights of the ,hild, and to abide by the rules and
regulations issued to implement the provisions of 2epublic !ct No. ;C@A.
h4 that he comes from a country with which the $hilippines has diplomatic relations and
whose government maintains a similarly authori0ed and accredited agency and that
adoption of a &ilipino child is allowed under his national laws. and
i4 that he possesses all the *ualifications and none of the dis*ualifications provided in this
2ule, in 2epublic !ct No. ;C@A and in all other applicable $hilippine laws.
Section 31. Anne$es. # The petition for adoption shall contain the following anne%es written and
officially translated in >nglish7
a4 -irth certificate of petitioner.
b4 Marriage contract, if married, and, if applicable, the divorce decree, or )udgment
dissolving the marriage.
c4 Sworn statement of consent of petitioner8s biological or adopted children above ten
3C4 years of age.
d4 $hysical, medical and psychological evaluation of the petitioner certified by a duly
licensed physician and psychologist.
e4 'ncome ta% returns or any authentic document showing the current financial capability
of the petitioner.
f4 $olice clearance of petitioner issued within si% 3=4 months before the filing of the
petitioner.
g4 ,haracter reference from the local churchHminister, the petitioner8s employer and a
member of the immediate community who have known the petitioner for at least five 3D4
years.
h4 &ull body postcard#si0e pictures of the petitioner and his immediate family taken at
least si% 3=4 months before the filing of the petition.
Section 32. Duty of Court. 1 The court, after finding that the petition is sufficient in form and
substance and a proper case for inter#country adoption, shall immediately transmit the petition to
the 'nter#,ountry !doption -oard for appropriate action.
Section 33. +ffectivity. # This 2ule shall take effect on !ugust ??, ?CC? following its publication in
a newspaper of general circulation.
2ules for $hilippine !doption
)*O CAN ADOPT A C*ILD IN T*E P*ILIPPINES+
!doption between the 5nited States and the $hilippines is governed by the (ague !doption
,onvention. Therefore to adopt from the $hilippines, you must first be found eligible to adopt by
the 5.S. Government. The 5.S. Government agency responsible for making this determination is
the "epartment of (omeland Security, 5.S. ,iti0enship and 'mmigration Services 35S,'S4.
'n addition to these 5.S. re*uirements for prospective adoptive parents, The $hilippines also has
the following re*uirements for adoptive parents7
, RESIDENC( RE-UIREMENTS. 5.S. citi0ens interested in completing a full and final
adoption of a &ilipino child while they are living in The $hilippines must be residents of The
$hilippines for at least three years prior to the filing of the adoption petition, maintain such
residence until the adoption is finali0ed, and posses a certificate of legal capacity to adopt issued
by the appropriate agency from the state of residence. $rospective adoptive parents who meet
these re*uirements should file a petition for adoption with the $hilippines ,ourt to begin the
adoption process. The $hilippines Government may waive these re*uirements if the prospective
adoptive parent is a former &ilipino citi0en who seeks to adopt a relative within the fourth degree
of consanguinity as defined by $hilippines law, or the prospective adoptive parent is a person
who seeks to adopt the legitimate child of hisHher &ilipino spouse. 5.S. citi0ens not meeting
these residency re*uirements will have to adopt through the 'nter#,ountry !doption -oard
procedures. This involves gaining legal custody for the purpose of adoption and completing a full
and final adoption in the 5.S. after a si%#month trial period. This process is e%plained below.
, A/E RE-UIREMENTS. -ased on the 'nter#,ountry !doption 6aw of the $hilippines
32epublic !ct No. ;C@A4, the adoptive parent must be at least ?B years of age and at least =
years older than the child to be adopted at the time of application, unless the adopterHadoptive
parent is the biological parent of the child to be adopted or the spouse of such parent.
, MARRIA/E RE-UIREMENTS. 'f prospective adoptive parents are married, they must file
)ointly for adoption.
, INCOME RE-UIREMENTS. There are no minimum income re*uirements set by The
$hilippines. $rospective !doptive $arents must prove financial stability.
, OT*ER RE-UIREMENTS. $rospective adoptive parents must not have ever been convicted
of a crime involving moral turpitude. $arents must be in a position to provide proper care and
support and to give necessary moral values and e%ample to all hisHher children, including the
child to be adopted. $rospective adoptive parents agree to uphold the basic rights of the child as
embodied under The $hilippines laws and the 5.N. ,onvention on the 2ights of the ,hild.
)*O CAN &E ADOPTED
-ecause the $hilippines is party to the (ague !doption ,onvention, children from the $hilippines
must meet the re*uirements of the ,onvention in order to be eligible for adoption. &or e%ample,
the ,onvention re*uires that the $hilippines attempt to place a child with a family in#country
before determining that a child is eligible for intercountry adoption. 'n addition to the $hilippine8s
re*uirements, a child must meet the definition of a ,onvention adoptee for you to bring him or her
back to the 5nited States.
Note7 The adoption of relatives is common in $hilippine culture.
T*E P*ILIPPINES0 ELI/I&ILIT( RE-UIREMENTS.
, Re1in23is45ent Re23ire5ents. ! child is 9committed: by way of the 9"eed of <oluntary
,ommitment,: a document used by "S/" asking for signature from the biological parents prior
to matching the child with a prospective adoptive parent. The document is essentially the
consent of the parent3s4, releasing the child to "S/" for subse*uent adoption. 'n the event that
the child is abandoned or neglected and no parent is available to sign the 9"eed of <oluntary
,ommitment,: the "S/" instead obtains a commitment order from the court. This endorsement
certifies that intercountry adoption is in the best interests of the child.
*O) TO ADOPT. T*E PROCESS
-ecause The $hilippines is party to the (ague !doption ,onvention, adopting from The
$hilippines must follow a specific process designed to meet the ,onvention8s re*uirements. !
brief summary of the ,onvention adoption process is given below. Iou must complete these
steps in the following order so that your adoption meets all necessary legal re*uirements.
NOT>7 'f you filed your '#=CCa with The $hilippines before !pril , ?CC;, the (ague !doption
,onvention may not apply to your adoption. Iour adoption could continue to be processed in
accordance with the immigration regulations for non#,onvention adoptions.
. ,hoose an !ccredited !doption Service $rovider
?. !pply to be &ound >ligible to !dopt
A. -e Matched with a ,hild
@. !pply for the ,hild to be &ound >ligible for 'mmigration to the 5nited States D. !dopt the
,hild 3or Gain 6egal ,ustody4 in the $hilippines
D. -ring your ,hild (ome
1.6 C4oose 7n Accredited Adoption Ser8ice Pro8ider. The first step in adopting a child from
The $hilippines is to select an adoption service provider in the 5nited States that has been
accredited. Only these agencies and attorneys can provide adoption services between the
5nited States and The $hilippines. 6earn more.$lease note7 $rospective adoptive parents are
re*uired to work with an adoption agency that has also been approved by the $hilippine
Government. ! non#government foreign adoption agency 3&!!4 intending to process the
application of a &ilipino child must be accredited by ',!-. $hilippine approved agencies can be
found on the website for ',!- at http7HHwww.icab.gov.phH.
2.6 App19 to :e ;o3nd E1i<i:1e to Adopt. !fter you choose an accredited adoption service
provider, you apply to be found eligible to adopt 3&orm '#;CC!4 by the 5.S. Government,
"epartment of (omeland Security, 5.S. ,iti0enship and 'mmigration Services 35S,'S4. Once
the 5.S. Government determines that you are 9eligible: and 9suitable: to adopt, you or your
agency will forward your information to the adoption authority in The $hilippines. The $hilippines8
adoption authority will review your application to determine whether you are also eligible to adopt
under $hilippino law.
3.6 &e M7tc4ed =it4 7 C4i1d. 'f both the 5nited States and the $hilippines determine that you
are eligible to adopt, and a child is available for intercountry adoption, the central adoption
authority in the $hilippines may provide you with a referral for a child. The $hilippine8s ,entral
!uthority prepares a report that determines that7 the child is adoptable, the envisaged placement
is in the best interest of the child, the birth parent or legal custodian has freely consented in
writing to the adoption, and no payment has been made to obtain the consent necessary for the
adoption to be completed. >ach family must decide for itself whether or not it will be able to meet
the needs of the particular child and provide a permanent family placement for the referred child.
4.6 App19 >or t4e C4i1d to :e ;o3nd E1i<i:1e >or Adoption. !fter you accept a referral to a
child, you will apply to the 5.S Government, "epartment of (omeland Security, 5.S. ,iti0enship
and 'mmigration Services 35S,'S4 for provisional approval to adopt that particular child 3&orm '#
;CC4. 5S,'S will determine whether the child is eligible under 5.S. law to be adopted and enter
the 5nited States. !fter this, your adoption service provider or you will submit a visa application to
a ,onsular Officer at the 5.S. >mbassy. The ,onsular Officer will review the child8s information
and evaluate the child for possible visa inelegibilities. 'f the ,onsular Office determines that the
child appears eligible to immigrate to the 5nited States, heHshe will notify the $hilippines8 adoption
authority 3!rticle D letter4. &or ,onvention country adoptions, prospective adoptive parent3s4 may
not proceed with the adoption or obtain custody for the purpose of adoption until this takes place.
6earn more. 2emember7 The ,onsular Officer will make a final decision about the immigrant
visa later in the adoption process.
.6 Adopt t4e C4i1d ?or /7in Le<71 C3stod96 in T4e P4i1ippines. 2emember7 -efore you
adopt 3or gain legal custody of4 a child in The $hilippines, you must have completed the above
four steps. Only after completing these steps, can you proceed to finali0e the adoption or grant of
custody for the purpose of adoption in The $hilippines. The process for finali0ing the adoption 3or
gaining legal custody4 in The $hilippines generally includes the following7
, ROLE O; T*E COURT. The 2egional Trial ,ourts are responsible for domestic adoptions in
The $hilippines. This is where prospective adoptive parents file adoption petitions.
, ROLE O; ADOPTION A/ENCIES. The adoption agency facilitates the pre#adoption
counseling, submission of application for adoption, home study, child assignment, and application
for child8s overseas adoption to the $hilippine Government.
, ADOPTION APPLICATION. To start the $hilippine adoption process, prospective adoptive
parents or their accredited &!! must contact the $hilippine 'nter#country !doption -oard 3',!-4.
J 4 !pplication7 The prospective adoptive parents file an application with the ',!- through a
5nited States adoption agency.
J ?4 >ndorsement of ,hild for 'nter#,ountry !doption7 The "epartment of Social /elfare and
"evelopment 3"S/"4 should endorse to the ',!- a child who has been previously committed to
the $hilippine Government. See 92elin*uishment of the ,hild: for a description of 9committed.:

J A4 Matching7 The 'nter#,ountry !doption $lacement ,ommittee matches the child with a
person or couple interested in adopting and refers its proposal to ',!- for approval. 'f the match
is approved, the concerned adoption agency in the 5nited States shall be sent a notice of
matching proposal.

J @4 The prospective adoptive parents shall notify the adoption agency in the 5nited States of
hisHher decision within D days of receipt of the matching proposal. Note7 The $hilippine 'nter#
,ountry !doption !ct prohibits contact between the prospective adoptive parents and child8s
parents Hguardians or custodians.

J D4 $lacement !uthority7 The ',!- shall issue the $lacement !uthority within five working
days upon receipt of the prospective adoptive parents8 acceptance of the matching proposal.

J =4 !pplication for 'mmigrant <isa7 The child appears at the >mbassy for hisHher immigrant
visa interview.

J B4 ,hild travels to the 5nited States7 The adoptive parents must escort the child from The
$hilippines to the 5nited States.

J ;4 Supervision of Trial ,ustody7 5pon assuming custody of the child, the adoptive parents
enter a si%#month trial period where the accredited adoption agency in the 5nited States monitors
the child8s welfare.
J E4 $etition for !doption7 !fter completion of the trial custody period, the adoptive parent
should file a petition for adoption before the court in the 5nited States.

J C4 &inal !doption "ecree. The final 5.S. adoption decree should be submitted to ',!-
within a month after its issuance.
TIME ;RAME. !doption processing depends upon many variables, including the availability of
children to be matched with prospective adoptive parents, the number of prospective adoptive
parents on the waiting list, and the caseload of social service agencies and the courts.
ADOPTION ;EES. 'n the adoption services contract that you sign at the beginning of the
adoption process, your agency will itemi0e the fees and estimated e%penses related to your
adoption process.
DOCUMENTS RE-UIRED. The following documents, which must be written and officially
translated into >nglish, shall accompany the prospective adoptive parents8 application for
adoption7
J &amily and (ome Study 2eports on the family and home of the prospective adoptive parents.
J -irth ,ertificates of prospective adoptive parents.
J Marriage certificate or "ecree of !bsolute divorce, if applicable.
J /ritten consent of the prospective adoptive parents8 biological or adopted children who are
ten years of age or over,
J witnessed by the social worker after proper counseling.
J $hysical and medical evaluation by a duly licensed physician and psychological evaluation by
a psychologist
J 6atest income ta% return or any other documents showing financial capability.
J ,learance issued by the police of other proper Government agency of the place of residence.
J ,haracter reference from the local church ministerHpriest, employer, or a non#relative member
of the immediate community who have known the prospective adoptive parents for at least five
3D4 years.
J ,ertification from the 5.S. "epartment of Fustice or other appropriate Government agency that
the prospective adoptive parents are *ualified to adopt under their national law and that the child
to be adopted is allowed to enter the country for trial custody and reside permanently once
adopted. and
J 2ecent postcard#si0e pictures of the prospective adoptive parents and all immediate family.
NOT>7 !dditional documents may be re*uested. Iou will be asked to provide proof that
a document from the 5nited States is authentic.
!.6 &rin<in< (o3r C4i1d *o5e
Now that your adoption is complete 3or you have obtained legal custody of the child4, there are a
few more steps to take before you can head home. Specifically, you need to apply for several
documents for your child before he or she can travel to the 5nited States7
&irt4 Certi>ic7te
Iou will first need to apply for a new birth certificate for your child, so that you can later apply for
a passport. Iour name will be added to the new birth certificate.
P4i1ippines P7ssport
Iour child is not yet a 5.S. citi0en, so heHshe will need a travel document or $assport from
$hilippines.
U.S. I55i<r7nt @is7
!fter you obtain the new birth certificate and passport for your child, you also need to apply for an
5.S. visa from the 5nited States >mbassy for your child. !fter the adoption 3or custody for
purpose of adoption4 is granted, visit the 5.S >mbassy for final review and approval of the child8s
'#;CC petition and to obtain a visa for the child. This immigrant visa allows your child to travel
home with you. !s part of this process, the ,onsular Officer must be provided the 9$anel
$hysician8s: medical report on the child if it was not provided during the provisional approval
stage.
On October , ?CCB, the 5.S. >mbassy Manila8s panel physicians began using the ,enter for
"isease ,ontrol and $revention8s 3,",4 ?CCB Tuberculosis Technical 'nstructions 3T- T's4 for
the T- medical screening for all immigrant visa applicants from Kenya, including adopted
children. The ?CCB T- T's include new re*uirements that affect the pace at which some adoption
cases can be concluded.
C4i1d CitiAens4ip Act
&or adoptions finali0ed abroad7 The ,hild ,iti0enship !ct of ?CCC allows your new child to
ac*uire !merican citi0enship automatically when he or she enters the 5nited States as lawful
permanent residents.
&or adoptions finali0ed in the 5nited States7 The ,hild ,iti0enship !ct of ?CCC allows your new
child to ac*uire !merican citi0enship automatically when the court in the 5nited States issues the
final adoption decree.
L$lease be aware that if your child did not *ualify to become a citi0en upon entry to the 5nited
States, it is very important that you take the steps necessary so that your child does *ualify as
soon as possible. &ailure to obtain citi0enship for your child can impact many areas of hisHher life
including family travel, eligibility for education and education grants, and voting.
A;TER ADOPTION
/hat does The $hilippines re*uire of the adoptive parents after the adoptionM
!ccording to $hilippine law, after the adoptive parents escort the child to the 5nited States and
assume custody of the child, they enter a si%#month trial period where the accredited adoption
agency in the 5nited States monitors the child8s welfare. !fter adoptive parents complete the trial
custody period, the adoptive parent should file a petition for adoption before the court in the 5.S.
The final 5.S. adoption decree should be submitted to the ',!- within a month after its issuance.
L5pdated May ?CCE
Adoption in t4e P4i1ippines. A Le<71 /3ide
T4is 7rtic1e is 7n o8er8ie= on t4e 1e<71 re23ire5ents o> 7doption process in t4e
P4i1ippines. T4e App1ic7:1e L7=s ' To kno= 5ore 7:o3t 7doption in t4e P4i1ippines it is
e237119 i5port7nt to :e 7=7re o> t4e 17=s <o8ernin< t4e 7doption process. T4ese 17=s 7re
Rep3:1ic Act #2B kno=n 7s Do5estic Adoption Act o> 1$$#B 7nd Rep3:1ic Act #%43B
kno=n 7s Inter'Co3ntr9 Adoption Act o> 1$$.
The former 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. 2epublic !ct
;C@A governs the adoption of &ilipinos by foreigners and &ilipinos residing abroad. The said law is
being implemented by the 'nter#,ountry !doption -oard 3',!-4.
The sub)ect of this article is 2epublic !ct ;DD? better known as the "omestic !doption !ct of
EE;.
/ho can adopt and be adopted
,an aliens e*ually adopt, like &ilipino citi0ens, under the domestic adoption law and who may be
adoptedM Ies, alien can e*ually adopt sub)ect to certain re*uirements. Section B 3b4 of 2! ;DD?
allows an alien to adopt under the domestic adoption law provided that heHshe meets the
following re*uirements7
J Of legal age and at least = years older than the adoptee 3e%cept when the adopter is the
biological parent of the adoptee or is the spouse of the adoptee's parent4.
J $ossesses full civil capacity and legal rights.
J Of good moral character and has not been convicted of any crime involving moral turpitude.
J >motionally and psychologically capable of caring for children.
J 'n a position to support and care for his H her children in keeping with the means of the family.
J (is H her country has diplomatic relations with the $hilippines.
J (as been certified by the diplomatic or consular office or any appropriate government agency
that heHshe has the legal capacity to adopt in his H her country and that hisHher government allows
the adoptee to enter hisHher country as an adopted child.
J (as been living continuously in the $hilippines for at least three 3A4 years prior to the filing of the
application for adoption and maintains such residence until the adoption decree is entered.
Section B 3c4 of the "omestic !doption law also provides that the guardian, with respect to the
ward after the termination of the guardianship and clearance of his H her financial accountability, is
also *ualified to adopt under the law.
The same *ualifications, with the e%ceptions of the A years residency and certifications, is
applicable to &ilipino nationals.
'n so far as the alien adopter is concerned compliance with the residency re*uirements can be
very difficult. This is because the law re*uires them to continuously reside in the $hilippines for at
least three 3A4 years prior to the filing of the application for adoption and maintains such residence
until the adoption decree is entered. There are certain concerns for relocation of an alien adopter
like the fact of hisHher being gainfully employed abroad and it would be impractical to relocate
even temporarily. -ut how they can do away with the said re*uirements. The said residency,
together with the certification re*uirement on the diplomatic relations, is sub)ect to certain
e%ceptions. The re*uirements on residency and certification of the alien's *ualification to adopt in
his H her country may be waived for the following cases7
. The applicant is a former &ilipino citi0en seeking to adopt a relative within the fourth 3@th4
degree of consanguinity or affinity.
?. The applicant is seeking to adopt the legitimate son or daughter of hisHher &ilipino spouse.
A. The applicant is married to a &ilipino citi0en, and seeks to adopt )ointly with his H her spouse a
relative within the fourth 3@th4 degree of consanguinity or affinity of the &ilipino spouse.
!fter having determined the *ualifications, it is e*ually important to ask on who may be adopted.
!ccording to the domestic adoption law, those that can be adopted are7
. !ny person below eighteen 3;4 years of age who has been administratively declared 3those
children who were surrendered, abandoned, neglected and dependent4 available for adoption.
?. The legitimate son or daughter of one spouse by the other spouse.
A. !n illegitimate son or daughter by a *ualified adopter to improve hisHher status to that of
legitimacy.
@. ! person of legal age if, prior to the adoption, said person has been consistently considered
and treated by the adoptor3s4 as hisHher own child since minority.
D. ! child whose adoption has been previously rescinded.
=. ! child whose biological or adoptive parent 3s4 hasHhave died, provided that no proceedings
shall be initiated within si% 3=4 months from the time of death of said parent 3s4.
$arties to the petition for adoption
The law re*uires that husband and wife should adopt )ointly. Therefore, both of them should )oin
the petition as petitioners. (owever, the following are e%ceptions to the rule that the husband and
wife shall )ointly adopt7
J 'f one spouse seeks to adopt the legitimate sonHdaughter of the other
J 'f one spouse seeks to adopt hisHher own illegitimate son or daughter, provided, however, that
the other spouse has signified hisHher consent.
J 'f the spouses are legally separated from each other.
'n case the husband and wife )ointly adopt, or one spouse adopts the illegitimate son or daughter
of the other, )oint parental authority shall be e%ercised by the spouses.
Supervised trial custody
The law provides that 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 si% 3=4 months. This is the period
where the parties are e%pected to ad)ust psychologically and emotionally to each other and
establish a bonding relationship. &urthermore, during the said period temporary parental authority
shall be vested on the adopter. !n alien adopter must complete the si% 3=4 month trial custody
e%cept in the following cases7
J &ormer &ilipino citi0ens adopting a relative within the fourth 3@th4 degree of consanguinity or
affinity
J One who is adopting the legitimate son or daughter of hisHher &ilipino spouse
J One who is married to a &ilipino citi0en and seeks to adopt )ointly with hisHher spouse a relative
within the fourth 3@th4 degree of consanguinity or affinity of the &ilipino spouse.
(owever, the period for trial custody may be reduced or the parties may even be e%empted by
the court, on its own instance or upon motion of any party, if it finds that the same shall be for the
best interests of the adoptee.
The one who must give consent to adoption
The following should give consent to the adoption7
. The adoptee, if ten 3C4 years of age or over.
?. The biological parents of the child, if known, or the legal guardian, or the child#placement
agency, child#caring agency, or the proper government instrumentality which has legal custody of
the child.
A. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten 3C4
years of age or over.
@. The illegitimate children of the adopter living with him who are ten 3C4 years of age or over.
and
D. The spouse, if any, of the adopter or adoptee.
"ocuments re*uired
The petition should accompany the following documents7
!. -irth, baptismal or foundling certificate, as the case may be, and school records showing the
name, age and residence of the adoptee.
-. !ffidavit of consent of those re*uired to give consent
,. ,hild study report on the adoptee and his biological parents.
". 'f the petitioner is an alien, certification by his diplomatic or consular office or any appropriate
government agency that he has the legal capacity to adopt in his country and that his government
allows the adoptee to enter his country as his own adopted child unless e%empted under Section
@3?4.
>. (ome study report on the adopters. 'f the adopter is an alien or residing abroad but *ualified to
adopt, the home study report by a foreign adoption agency duly accredited by the 'nter#,ountry
!doption -oard. and
&. "ecree of annulment, nullity or legal separation of the adopter as well as that of the biological
parents of the adoptee, if any.
$rocedure in initiating the petition
't is important to engage a counsel of your own choice to initiate the petition in court. The
foregoing discussions on the *ualifications and re*uirements should be considered in filing the
petition in compliance with the sufficiency re*uirements of the petition for adoption in terms of its
form and substance. Thereafter, the court where the case is raffled will issue an order finding the
petition to be sufficient in form and substance. The order contains the following7
34 the registered name of the adoptee in the birth certificate and the names by which the adoptee
has been known which shall be stated in the caption.
3?4 the purpose of the petition.
3A4 the complete name which the adoptee will use if the petition is granted.
3@4 the date and place of hearing which shall be set within si% 3=4 months from the date of the
issuance of the order and shall direct that a copy thereof be published before the date of hearing
at least once a week for three successive weeks in a newspaper of general circulation in the
province or city where the court is situated. $rovided, that in case of application for change of
name, the date set for hearing shall not be within four 3@4 months after the last publication of the
notice nor within thirty 3AC4 days prior to an election.
3D4 a directive to the social worker of the court, the social service office of the local government
unit or any child#placing or child#caring agency, or the "epartment to prepare and submit child
and home study reports before the hearing if such reports had not been attached to the petition
due to unavailability at the time of the filing of the latter. and
3=4 a directive to the social worker of the court to conduct counseling sessions with the biological
parents on the matter of adoption of the adoptee and submit her report before the date of
hearing.
Order of proceedings according to the !doption 2ules
!ccording to the rules on adoption, upon satisfactory proof that the order of hearing has been
published and )urisdictional re*uirements have been complied with, the court shall proceed to
hear the petition. The petitioner and the adoptee must personally appear and the former must
testify before the presiding )udge of the court on the date set for hearing. The court shall verify
from the social worker and determine whether the biological parent has been properly counseled
against making hasty decisions caused by strain or an%iety to give up the child. ensure that all
measures to strengthen the family have been e%hausted. and ascertain if any prolonged stay of
the child in his own home will be inimical to his welfare and interest. 'f the supervised trial custody
is satisfactory to the parties and the court is convinced from the trial custody report and the
evidence adduced that the adoption shall redound to the best interests of the adoptee, a decree
of adoption shall be issued which shall take effect as of the date the original petition was filed
even if the petitioners die before its issuance. The decree shall7
!. State the name by which the child is to be known and registered.
-. Order7
34 the ,lerk of ,ourt to issue to the adopter a certificate of finality upon e%piration of the D#day
reglementary period within which to appeal.
3?4 the adopter to submit a certified true copy of the decree of adoption and the certificate of
finality to the ,ivil 2egistrar where the child was originally registered within thirty 3AC4 days from
receipt of the certificate of finality. 'n case of change of name, the decree shall be submitted to
the ,ivil 2egistrar where the court issuing the same is situated.
3A4 the ,ivil 2egistrar of the place where the adoptee was registered7
a. to annotate on the adoptee8s original certificate of birth the decree of adoption within thirty 3AC4
days from receipt of the certificate of finality.
b. to issue a certificate of birth which shall not bear any notation that it is a new or amended
certificate and which shall show, among others, the following7 registry number, date of
registration, name of child, se%, date of birth, place of birth, name and citi0enship of adoptive
mother and father, and the date and place of their marriage, when applicable.
c. to seal the original certificate of birth in the civil registry records which can be opened only
upon order of the court which issued the decree of adoption. and
d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing
within thirty days from receipt of the decree.
'f the adoptee is a foundling, the court shall order the ,ivil 2egistrar where the foundling was
registered, to annotate the decree of adoption on the foundling certificate and a new birth
certificate shall be ordered prepared by the ,ivil 2egistrar in accordance with the decree.
The rules re*uires that all hearings in adoption cases, after compliance with the )urisdictional
re*uirements shall be confidential and shall not be open to the public. !ll records, books and
papers relating to the adoption cases in the files of the court, the "S/", or any other agency or
institution participating in the adoption proceedings shall be kept strictly confidential. 'f the court
finds that the disclosure of the information to a third person is necessary for security reasons or
for purposes connected with or arising out of the adoption and will be for the best interests of the
adoptee, the court may, upon proper motion, order the necessary information to be released,
restricting the purposes for which it may be used.
6astly, in case of an alien adopterHs and &ilipino citi0ens, who are citi0ens of other countries at the
same time, it is important to consider consulting your immigration lawyer before resorting to
domestic adoption laws of the $hilippines. This is to avod any legal issues concerning the
immigration of the child to be adopted.
)47t is Adoption L7=+
!doption law provides a means for parents to voluntarily assume the legal rights and
responsibilities of a child not born to them. &ollowing an adoption, all legal ties between the child
and the birth parents are permanently severed. The new adoptive parents and the child are
treated )ust like a natural family in the eyes of the law. The adoptive parents decide important
matters involving medical treatment, education, and religion, as well as ordinary day#to#day
issues that arise in the child8s life. !dopted children can inherit from their new parents the same
as natural offspring. Some )urisdictions even provide for the issuance of an amended birth
certificate displaying the new parents8 names.
State statutes govern adoption proceedings, and the substantive and procedural rules vary
across the country. Most statutes re*uire the local department of family services to perform a
home study to ensure a stable environment free of dangers and bad influences. Those interested
in adoption must also meet age and income re*uirements. ,riminal background checks will be
completed, and first#time parents may be asked to attend instructional classes. Statutory
re*uirements like these are meant to help )udges, case workers, and prospective parents create a
safe and nurturing home environment.
Ter5in7tion o> P7rent71 Ri<4ts
-efore an adoption degree can be entered, the parental rights of the birth mother and father must
be terminated. This allows those same rights to be conferred upon the adoptive parents, and it
prevents the birth parents from attempting to e%ercise control over the child at a later time. 'n
some cases, the birth mother and father will agree to relin*uish their rights, making the process
as simple as collecting their signatures on a legal document and filing it with the court. Other
times, obtaining a termination of parental rights can be a difficult hurdle for the adoptive parents
and their attorney.
/hen termination of the birth parents8 rights is contested, the matter must be heard before the
family law court. -oth natural parents must be afforded due notice of the hearing and an
opportunity to ob)ect. The hearing itself will be conducted much like a trial. The adoptive parents
must present 9clear and convincing: evidence that the birth parents are unfit to care for the child.
>vidence presented at a termination hearing will typically demonstrate the birth parents8 lack of
interest in the child8s wellbeing, their failure to pay child support, and any history of domestic
violence or substance abuse. >ach case is different, and an adoption lawyer will be helpful in
determining the best types of evidence to use in a particular case. The goal is to prove to the
)udge that terminating parental rights and approving the adoption decree is in the child8s best
interests.
Open 8s. C1osed Adoptions
! common *uestion of those considering an adoption concerns who will have the right to have
contact with the child once the adoption is final. The answer is that, )ust like natural parents, the
adoptive parents will have complete authority to decide the matter. 'n an open adoption, the
adoptive parents allow the child to have some degree of contact with birth parents, previous
foster families, and other individuals from the child8s life prior to the adoption. 'n a closed
adoption, they do not. These issues are often settled in advance, especially in cases of infant
adoption and adoptions arranged through private agencies. 'n the 5nited Sates, there is a clear
trend toward open adoptions. -ut of course, there may be concerns about the birth parents that
make a closed adoption the appropriate choice.
Adoption :9 7 Stepp7rent
Marriage can involve more than the union of two adults. /hen one of the spouses has children
from a previous relationship, the marriage creates a new family, and the other spouse may come
to love and care for the children as though they were his or her own. (owever, the law does not
treat stepparent and natural parent relationships e*ually. The birth parent from the previous
relationship still has the same legal rights as e%isted before the marriage. Stepparent adoption is
a way to remedy this situation.
-esides reflecting the love a stepparent feels toward a child, adoption offers practical advantages
to the entire family. &or e%ample, the stepparent may be called upon to make emergency medical
decisions for the child, and an adoption will make this possible. >ven if the birth parent from the
old relationship has not made contact for years, a stepparent adoption will prevent that person
from reappearing one day and causing a disruption. &inally, the adoption will ensure that the
stepparent can retain custody should the natural parent une%pectedly pass away or become
disabled.
)orkin< =it4 7n Adoption L7=9er
'f you are considering an adoption, working with an attorney can make the process go more
smoothly. (iring legal counsel is particularly important if you e%pect the birth parent whose rights
will be terminated to be uncooperative. &or more information, contact an adoption lawyer in your
area.
!dopting a 2elative ,hild from the $hilippines
&ilipino adoption law allows for the adoption of a relative child if the child is within four degrees of
consanguinity. This means that the child must be the prospective adoptive parent8s grandchild,
brother, sister, niece, nephew, grandniece, grandnephew, aunt, uncle, or first cousin. ! child who
is any other relation to the prospective adoptive family would not be eligible for adoption under
the relative adoption procedures. ,hildren who do not meet these strict criteria will occasionally
*ualify under the rules for an identified adoption. !doptive families must be able to prove their
relationship with the child 3beyond the @th degree4, and ',!- must agree that this adoptive
placement is in the best interest of the child.
-oth the 5.S. and the $hilippines are part of The (ague ,onvention on $rotection of ,hildren
and ,o#operation in 2espect to 'ntercountry !doption and, therefore, must operate within
established rules regarding 3but not limited to4 the eligibility of potential adoptees as well as
adoptive parents. !ll of these rules also apply in &ilipino relative cases.
! child must be 9legally free: to be eligible for adoption. ! &ilipino child is legally free when the
child has been voluntarily or involuntarily committed to the "epartment of Social /elfare and
"evelopment or to a licensed child#placing or child#caring agency and freed of parental authority.
!ll 5.S. residents applying to adopt a &ilipino child 3relative or non#relative4 must work with an
adoption agency who is (ague accredited as well as accredited by the $hilippines government.
&amily !doption ,onsultants meets both of these re*uirements. 'nternational adoption is a
comple% process that re*uires approvals from many different governmental officials, both in the
$hilippines and the 5nited States. !lthough these rules may seem e%cessive in the case of a
relative adoption, especially when the child is living in dire circumstances, it is important to
remember that the rules were developed to protect the rights and welfare of children, their birth
families, and prospective adoptive families.
&ilipino law does allow for former &ilipino citi0ens who are naturali0ed citi0ens of their present
country of residence to adopt through the local courts in the $hilippines. ',!-8s only involvement
in these cases is reviewing and approving the homestudy from an accredited agency in the
family8s country of residence. (owever, families will only be able to obtain an adoption visa for
their child to immigrate to the 5.S. if they have lived for ? years in the $hilippines with their
relative child or A years with a non#relative child.
(ow "o /e Start the $rocess of !dopting our 2elative ,hildM

. Submit a $reliminary !pplication to &amily !doption ,onsultants. /e will review and
advise you regarding the particular circumstances of your case.
2. ,omplete the re*uired 9Nuestionnaire for 2elative !doptive !pplicants: on the
'ntercountry -oard website7 4ttp.CC===.ic7:.<o8.p4. Submit a copy of your
*uestionnaire to &!, for our records so that we can follow up with ',!- on your behalf if
needed.
A. 5pon review of the 9Nuestionnaire:, ',!- will re*uest that the family complete the
re*uired documents for a relative andHor identified adoption. &!, will work with the
prospective parents to complete a homestudy 3and dossier if re*uired4 and obtain
approval from the 5S "epartment of (omeland Security, ,iti0en and 'mmigration
Services.
@. ',!- will also re*uest the "epartment of Social /elfare and "evelopment &ield Office
where the child resides to conduct a ,hild Study 2eport. 2eceipt of this report can take A
1 = months from the time of the initial re*uest. The "S/" will evaluate the child8s history
and living conditions, verify legal status regarding eligibility for adoption, and make a
recommendation whether adoption is in the child8s best interests.
D. The ',!- social worker will review all of the documents regarding the adoptive family and
the ,hild Study 2eport on the prospective adoptive child, and make a recommendation to
the official ',!- -oard for approvalH denial of the proposed adoption.
=. Once approval is issued by ',!-, paperwork is filed with the 5.S. ,entral !uthority 35.S.
"epartment of State4, re*uesting issuance of the child8s visa.
B. Iou travel to the $hilippines to bring your child home, and attend a meeting at ',!-8s
office in Manila.
;. The adoption is legally completed in the 5.S. in accordance with the adoption rules in the
state where you reside.
!lthough all of these steps are e%tremely comple%, it is the only way to successfully ensure the
legal adoption of your relative child, and approval for the child8s immigration to the 5nited States.
!ny shortcuts to the established regulations will cause your adoption to be )eopardi0ed.
! domestic adoption refers to any adoption that takes place within the 5nited States. !dopters
have the option to seek placement and process their adoption independently, through an agency
or a facilitator.
!dopters choose domestic adoption because it tends to be cheaper than international adoption
and it also doesn8t present large cultural or ethnic gaps later in a child8s life. "omestic adopters
also have a greater capacity to customi0e their adoption e%perience than in an international
adoption. ! domestic adoption may also have more federal and state financial aid available to an
adoptive family8s needs.
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"omestic adoptions can be facilitated independently and with an attorney or by an agency. Of the
agencies, adopters can choose to work with the public or private.
$ublic agencies are the cheapest adoption option. They rarely cost more than the home study
fee, which is also eligible for reimbursement if an adopter is placed with a special needs child.
$ublic agencies are state#run and place older children from the foster system with adoptive
families.
$rivate agencies, on the other hand, are slightly more e%pensive and place infants with couples.
They may also provide birth mother counseling, an attorney and also post#placement supervision.
$erhaps the most appropriate way to categori0e adoption options is by adoptee age. 'nfant
adoptions are characteri0ed by placement arrangements with a future birth mother, who e%pects
to terminate her parental rights over the child after it's born and consent to an adoptive couple
assuming those rights. !bout two#thirds of all domestic infant adoptions are processed
independently by an attorney and the rest are facilitated by a private agency.
'nfant adoptions are the most e%pensive adoption option, beginning around OD,CCC and able to
cost well over OAC,CCC or O@C,CCC. -irth mother services and agency or attorney fees vary from
adoption to adoption. (owever, most adopters can e%pect to pay well for the adoption process.
'ndependent adoptions can be around the same overall cost as private agencies, but can also be
the most e%pensive domestic option if it isn8t done right. 'n an independent adoption, a couple
finds their own child placement and covers costs and counseling and facilitation without an
agency intermediary. Often an attorney plays a large role in these adoptions, which can also be
very e%pensive.