DOMESTIC ADOPTION

SEC. 1. APPLICABILITY OF THE RULE – covers domestic adoption of Filipino children

SEC. 2. OBJECTIVES – the best interest of the child shall be the paramount consideration in all matters
relating to his care, custody and adoption.

SEC. 4. WHO MAY ADOPT –

a. Filipino Citizen
b. Alien
FILIPINO CITIZEN ALIEN
1. With full civil capacity and legal 1. Same qualification as a Filipino
rights Citizens
2. Good moral character 2. Additional requirements:
3. Not convinced of any crime involving a) National of a country with
moral turpitude diplomatic relations with the
4. Emotionally and psychologically Philippines
capable of caring for children b) Has been certified by his
5. At least 16 years older than the diplomatic or consular office of
adoptee unless the biological parent of any appropriate government
the adoptee or the spouse of said agency to have legal capacity to
parent adopt in his country as adopted
6. In a position to support and care for child
the children in keeping with the means c) 3 year continuous prior residency
of family and maintain such residence until
adoption decree is entered
 EXCEPTIONS to 3 year
continuous residency:
i. A former Filipino
adopting a relative
within 4th degree of
consanguinity or
affinity
ii. Alien adopting the
legitimate child of
Filipino spouse
iii. Married to a Filipino
and seeks to adopt
jointly with his
spouse a relative
within 4th degree of
consanguinity or
afffiinity of the
Filipino spouse

c. Guardian
1. After termination of the guardianship; and
2. Clearance of financial accountabilities
d. Married Person must jointly adopt with his/her spouse
 Exceptions:

ADOPTION 1
 1. One spouse seeks to adopt the legitimate child of the other spouse
2. One spouse seeks to adopt his own illegitimate child, provided the other spouse consents
thereto
3. Spouses are legally separated from each other.

SEC. 5. WHO MAY BE ADOPTED.

a. A child voluntarily committed to the DSWD or judicially declared available for adoption;
b. Legitimate child of one spouse by the other spouse
c. Illegitimate child by a qualified adopter to raise the status of the former to that of legitimacy
d. Person of legal age regardless of status who has been consistently considered and treated by
the adopter s as their own child since minority
e. Child whose adoption has been previously rescinded;
f. Child not otherwise disqualified by law or these rules.

SEC. 6. VENUE – Family Court of the province where the prospective adoptive parents reside

SEC. 7. FORM AND CONTENTS OF THE PETITION:

A. Form of Petition:
a. Verified
b. With certificate against forum shopping
c. Specifically states at the heading of initiatory pleading where it includes:
 Application for change of name
 Rectification of simulated birth
 Voluntary or involuntary commitment of children
 Declaration of child as abandoned, dependent or neglected child.
B. Contents of Petition:
a. FILIPINO CITIZEN
1. Jurisdictional Facts
2. Adopter qualifications
3. Adopter has undergone pre-adoption services under RA 8552, ie counselling
sessions, pre-adoption for a and seminars to:
i. Resolve possible adoption issues
ii. To prepare him/her for effective parenting
iii. Help assess their motivation, capacity and readiness to adopt
b. ALIEN
1. Jurisdictional Facts
2. Adopter qualifications
3. Adopter has undergone pre-adoption services under RA 8552, ie counselling
sessions, pre-adoption for a and seminars to:
i. Resolve possible adoption issues
ii. To prepare him/her for effective parenting
iii. Help assess their motivation, capacity and readiness to adopt
4. Country has diplomatic relations with the Philippines
5. Compliance with residency requirements
6. Certified to have legal capacity to adopt in his country and adoptee is allowed to
enter his country as such.
 Exception to the foregoing requirements:
1. A former Filipino adopting a relative within 4th degree of consanguinity
or affinity
2. Alien adopting the legitimate child of Filipino spouse

ADOPTION 2
 3. Married to a Filipino seeking to adopt jointly with spouse’s relative
within the 4th degree of consanguinity or affinity of the Filipino spouse
c. GUARDIAN
 Guardianship has been terminated
 Guardian has been cleared of his financial accountabilities
d. MARRIED ADOPTER
 Spouse is co-petitioner unless exceptions apply
e. FOUNDLING ADOPTEE
 Allege entries which should appear in his birth certificate
C. BODY OF THE PETITION MUST ALLEGE:
1. Name, surname or names, age and residence of the adoptee as shown by his birth record,
baptismal and foundling certificate and school records
2. Adoptee is not disqualified by law to be adopted.
3. Probable value and character of adoptee’s estate
4. First name, surname or names by which adoptee is to be known and registered in the
Civil Registry

SEC. 9. ADOPTION OF A FOUNDLING, ABANDONED, DEPENDENT OR NEGLECTED CHILD

1. Facs showing that the child is a foundling
2. Names of the parents if known and their residence if no known living parents, allege name and
residence of guardian, if any
3. Name and duly licensed child placement agency or individual whose care the child is in custody
4. That DSWD, child-placement or child-caring agency is authorized to give its consent

SEC. 10. CHANGE OF NAME

Caption must contain:
 Registered name of child
 Aliases or other names by which child has been known
 Full name by which the child is to be known.

SEC. 11. ANNEXES TO THE PETITION

A. ATTACHMENTS
1. Birth, baptismal or foundling certificate and school records showing the name, age and
residence of the adoptee
2. Affidavit of consent of the following:
 Adoptee who is 10 years of age or over
 Biological parents of the child if known, or if the guardian or child placement
agency, child-caring agency, or the proper government instrumentality which has
legal custody of the child
[NOTE: Consent of parents is withheld when: (1) parents have abandoned the child; (2)
parents are insane or hopelessly intemperate

Legitimate and adopted children of the adopter and of the adoptee, if any, who
are ten years old or over
 Illegitimate children of the adopter who are ten years or over; and
 The spouse, if any, of the adopter or adoptee
B. OTHER ATTACHMENTS
1. Child study report of the adoptee and his biological parents
2. If petitioner is an alien, certification by his diplomatic or consular office or
by any appropriate government agency as to his legal capacity to adopt in his

ADOPTION 3
 country and that his government allows the adoptee to enter his country as
his own adopted child, unless:
 A former Filipino adopting a relative within 4th
degree of consanguinity or affinity
 Alien adopting the legitimate children of Filipino
Spouse
 Alien married to a Filipino seeking to adopt jointly
with his spouse a relative within the fourth degree of
consanguinity or affinity of the Filipino Spouse
3. Home Study Report on the adopters
 By a foreign adoption agency duly accredited by the Inter-
Country Adoption Board (ICAB)
4. Decree of annulment, nullity or legal separation of adopter and of the
biological parents of adoptee

SEC. 12. ORDER OF HEARING

Contents of the Order:
1. Caption shall state registered name of adoptee in the birth certificate and names by which adoptee
has been known
2. Purpose of petition
3. Complete name to be used by adoptee if petition is granted
4. Date and place of hearing to be set within 6 months from date of issuance order, or if change of
name is prayed for, after 4 months after last publication of the notice or more than 30 days prior
to an election
5. Directive on the publication of the notice in the newspaper of general circulation in the province
or city where the court sits
6. Directive to the social work of the court, the social service office of the LGU or any child placing
or child caring agency, or the DSWD 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
filing of petition.
7. Directive to social worker of the court to conduct counseling session with the biological parents
on the matter of adoption of the adoptee and submit her report before the date of hearing.

To be furnished to:
 OSG through the provincial or city prosecutor – mandatory if change of name is also prayed for
 DSWD
 Biological parents of adoptee if known

NOTE: ADOPTION CASE IS A PROCEEDING IN REM

 Jurisdiction over the person of the defendant is a non-essential condition for the taking of the
deposition, for the jurisdiction of the court is based on its power over the res. To render judgment
in respect to such thing or status
 Publication of the scheduled hearing is necessary for the validity of a decree of adoption. This
means that there could be no decree of adoption without publication. But it is not necessary for
the purpose of merely taking disposition.

ADOPTION 4
SEC. 13. CHILD AND HOME STUDY REPORTS
CHILD STUDY REPORT – social worker shall:
1. Verify with the Civil Registry the real identity and registered name of adoptee. If not yet
registered, social worker shall register the adoptee and secure a certificate of foundling of late
registration.
2. Establish that:
 Child is legally available for adoption
 Supporting documents are valid and authentic
 Adopter has sincere intentions
 Adoption id for the best interests of the child

HOME STUDY REPORT – If an adaptor is an alien, the social worker must show:
1. Adopter’s legal capacity to adopt
2. Adopter’s government allows the adoptee to enter his country as his adopted child in the absence
of the certification required under Sec. 7(b) of RA 8852

CHILD and HOME STUDY REPORTS – If 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.

SEC. 14. HEARING

A. Proof Required
1) Publication of order of hearing
2) Compliance with jurisdictional requirements
B. Who should appear
1) Petitioner who should testify before the court
2) Adoptee
3) Social worker who shall verify whether the biological parent has been properly counseled
against making hasty decisions by strain or anxiety to give up the child
C. Duty of the Court
1) Verify from the Social Worker and determine whether biological parent has been properly
counseled against making hasty decision caused by strain or anxiety to give up the child
2) Ensure that all measures to strengthen the family have been exhausted
3) Ascertain if any prolonged stay of the child in his own home will be inimical to his welfare
and interest.

SEC. 15. SUPERVISED TRIAL CUSTODY

 Trial custody of at least six months which the parties are expected to adjust psychologically and
emotionally to each other and to establish a bonding relationship.
 It shall be monitored by the court social worker, DSWD, CSSDO, child-placement or child-caring
agency which submitted and prepared the case studies
 Period for trial custody may be reduced or exempted by the court motu proprio or upon motion of
any party for the best interest of adoptee
 6 months must be completed by ALIEN ADOPTER except:
 A former Filipino adopting a relative within 4th degree of consanguinity or affinity
 Alien adopting the legitimate child of Filipino Spouse
 Married to a Filipino seeking to adopt jointly with his spouse a relative within the 4th
degree of consanguinity or affinity of the Filipino spouse

ADOPTION 5
  If the child below 7 years old is placed with the prospective adopter through a pre-adoption
placement authority issued by the department, the court shall order that the prospective adopter
shall enjoy all the benefits to which the biological parent is entitlted from the date the adoptee is
placed with him.
 Social worker shall submit to the court a report on the result of the trial custody within 2 weeks
after its termination

SEC. 16. DECREE OF ADOPTION

1. Conditions for its issuance:
a. Supervised trial custody is satisfactory to the parties
b. Trial custody report and evidence adduced convinced the court that adoption shall
redound to the best interest of the adopter
2. Shall take effect as of the date the original petition was filed even if the petitioners die before its
issuance.
(if the adopter dies prior to the decree of adoption, the adoptee is still the heir of the adopter
because such adoption takes effect as of the date of the filing of the petition not when the decree
for adoption is granted.)
3. Shall state the name by which the child is to be known and registered
4. Shall Order:
a. The Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-
day reglementary period within which to appeal
b. Submission by adopter of certified true copy of decree of adoption and certificate of finality
to the Civil Registrar where the child was originally registered within 30-days from receipt of
certificate of finality
c. The Civil Registrar of the place where the adoptee was registered
d. To annotate on the adoptee’s original certificate of birth the decree of adoption within 30
days from receipt of the certificate of finality
e. 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 following registry number, date of
registration, name of child, sex, date of birth, place of birth, name and citizenship of adoptive
mother and father and the date and place of their marriage, when applicable.
5. The Civil Registrar of the place where the adoptive was registered:
a. 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
b. To submit to the court issuing the decree of adoption proof of compliance with all the
foregoing within 30 days from the receipt of the decree.
6. If adoptee is a foundling, Court shall order the C.R. of the Place where the adoptee was
registered:
a. To annotate the decree of adoption on the foundling certificate
b. To prepare a new birth certificate in accordance with the decree

NO SUCH THING AS JUDICIAL CONFIRMATION OF A DE FACTO ADOPTION

 Adoption requires the filing of a petition in court. The only valid adoption in the Philippines is
one which is filed in court in accordance with the procedure laid down by the law.

EFFECTS O ADOPTION
1. PARENTAL AUTHORITY – except in cases where the biological parent is the spose of the
adopter, the parental authority of the biological parents shall terminate and the same shall be
vested in the adopters

ADOPTION 6
 2. LEGITIMACY – the adoptee shall be considered the legitimate son/daughter of the adopter/s for
all intents and purposes and as such is entitled to all the rights and obligations provided by law to
legitimate sons/daughters born to them without discrimination of any kind
3. SUCCESSIONAL RIGHTS
a. In legal and intestate succession, the adopters and the adoptees shall have reciprocal
rights of succession without distinction from legitimate filiation
b. However, if the adoptee and his/her biological parents/s had left a will, the law on
testamentary succession shall govern
c. Art. 18(3) of the FC and Sec. 18, Ar. V of RA 8552 provide that the : adoptee remains an
intestate heir of his/her biological parent
NOTE: Art. 190 of the FC – legal or intestate succession of the adopted shall be governed
by the following:
i. Leg and illeg children and des and asc and the surviving spouse of the adopted
shall inherit from the adopted
ii. When the parents (leg/illeg) or the legitimate ascendants of the adopted concur
with the adopters, they shall divide the entire estate, one-half to be inherited by
the parents or ascendants and the other half, by the adopters
iii. Surviving spouse/illeg children of the adopted concur with the adopters, they
shall divide the entire estate, one-half to be inherited by the parents or ascendants
and the other half, by the adopters
iv. When the adopters concur with the illeg children and the surviving spouse of the
adopted, they shall divide the entire estate in equal shares, one-third to be
inherited by illegitimate children, one-third by the surviving spouse, and one-
third by the adopters
v. When only the adopters survive, they shall inherit the entire estate, and
vi. When only collateral blood relatives of the adopted survive, then the ordinary
rules of legal/intestate succession shall apply.
4. ISSUANCE OF A NEW CERTIFICATE AND FIRST NAME AND SURNAME OF
ADOPTEE
a. The adoption decree shall state the name by which the child is to be known. An amended
certificate of birth shall be issued by the Civil Registry attesting to the fact that the adoptee is
the child of the adopters by being registered with his/her surname.
b. The original certificate of birth shall be stamped “cancelled” with the annotation of the
issuance of an amended birth certificate in the place and shall be sealed in the civil registry
records. The new birth certificate to be issued to the adoptee shall not bear any notation that it
is an amended issue.
c. All records, books and papers relating to the adoptions cases in the files of the court, the
DSWD, or any other agency or institution participating in the adoption proceedings shall be
kept strictly confidential and the court may order its release under the following conditions
only: (1) the disclosure of the information to a third person is necessary for the purpsoes
connected with or arising out of the adoption; (2) the disclosure will be for the best interest of
the adoptee; (3) the court may restrict the purposes for which it may be sued.

SEC. 19. RESCISSION OF ADOPTION

WHO MAY FILE RESCISSION
1. Adoptee
o Over 18 years of age
o Over 18 but incapacitated with the assistance of guardian or counsel
o Minor but with the assistance of the DSWD

ADOPTION 7
 2. Adopter not allowed to rescind the adoptee but may only disinherit the adoptee for cuases under
Art. 919 of the CC

GROUNDS FOR RECISSION OF ADOPTION

1. Repeated physical and verbal maltreatment by the adopter despite having undergone counseling
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment and failure to comply with parental obligations

FORM OF PETITION
1. Verified
2. With assistance of guardian, counsel or DSWD for minor or incapacitated adoptees

SEC. 20. VENUE – Family Court where adoptee resides

SEC. 21. TIME WITHIN WHICH TO FILE THE PETITION

PRESCRIPTIVE PERIOD
a. If incapacitated – within 5 years after he reaches the age of majority
b. In incompetent at the time of the adoption – within 5 years after recovery from such
incompetency

SEC. 22. ORDER TO ANSWER

 Require adverse party to answer within 15 days from receipt of a copy
 Order shall be served on the adverse party in such manner as the court may direct

SEC. 23. JUDGMENT

EFFECTS OF RESCISSION OF ADOPTION
1. Parental authority of the biological parents, if known, or the legal custody of the DSWD shall be
restored if the adoptee is still a minor or incapacitated
2. Reciprocal rights and obligations of the adopter/s and the adoptee to each other shall be
extinguished
3. Cancellation of the amended certificate of birth of the adoptee and restoration of his/her original
birth certificate
4. Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.
5. The adoptee shall use the name stated in his original birth or foundling certificate

SEC24. SERVICE OF JUDGEMENT

 Petitioner shall serve upon the C.R. a cert. true copy of the judgment together with a certificate of
finality issued by the Branch of Clerk of Court within 30 days from receipt of certificate of
finality.
 C.R. shall enter the rescission decree in the register and submit proof of compliance to the clerk
of court within 30 days from the receipt of the decree
 Clerk of court shall enter the compliance in the Book of adoptions.

ADOPTION 8
FLOWCHART: DOMESTIC ADOPTION

FILING OF PETITION FOR PETITION FOR

ORDER OF HEARING PUBLICATION OF ORDER OF HEARING
ADOPTION

Social Worker to verify with the C.R. the real PREPARATION AND SUBMISSION OF CHILD
Hearing (within six months from the issuance identity and registered name of the adoptee, AND HOME STUDY REPORTS by the social
of the order) and establish that the child is legally available worker, social service office, child-placing or
for adoption child-caring agency, or the DSWD

Social Workers'report on the result of trial

Supervised trial custody Decree of adoption
custody

At the civil registrar:

1. annotation of the decree on adoptee's
original birth certificate
2. issuance of birth certificate without Adopter to submit a certified true copy of the
Issuance of Certificate of Finality upon
notation that it is new or amended decree of adoption and certificate of finality
expiration of 15-day period to appeal
to the Civil Registrar
3. sealing of original birth certificate
4. submission of proof of compliance

ADOPTION 9
 INTER-COUNTRY ADOPTION

SEC. 26. APPLICABILITY

1. Inter-country adoption of Filipino children by foreign nationals
2. Inter-country adoption of Filipino children by Filipino Citizens permanently residing abroad

SEC. 30. CONTENTS OF PETITION

1. Age
a. Petitioner must be at least 27 years old
b. Adoptee must be at least 16 years younger at the time of the application; EXCEPT when
i. Petitioner is a parent of the child or
ii. Spouse of such parent
2. Civil Status of adopter
i. If married, spouse must be joined as a co-petitioner except when adoptee is a legitimate
child of the spouse
3. Adopter has capacity to act and assume all rights and responsibility of parental authority under
his national laws and has undergone appropriate counseling from an accredited counselor in his
country
4. Adopter has not been convicted of a crime involving moral turpitude
5. Adopter is eligible to adopt under his national law
6. Adopter can provide care and support and instill the ncessary moral values and example to all his
children, including the child to be adopted
7. Adopter agrees to uphold the basic rights of the child as embodied under Philippine Laws and the
UN Convention on the Rights of the Child, and to abide by the rules and regulations issued to
implement the provisions of RA No. 8043
8. Adopter comes from a country with which the Philippines has diplomatic relations and whose
government matins a similarly authorized and accredited agency and that adoption of a Filipino
child is allowed under his national laws
9. Adopter possess all the qualifications and none of the disqualifications provided by law.

SEC. 31. ANNEXES TO THE PETITION

1. Petitioner’s birth certificate
2. Marriage contract if marriage or divorce decree or judgment dissolving marriage, if applicable;
3. Sworn statement of consent of adopter’s biological children above 10 years old
4. Physical, medical and psychological evaluation of the petitioner certified by a duly licensed
physician and psychologist
5. Petitioner’s income tax return or any authentic document showing the current financial capability
of the petitioner
6. Petitioner’s police clearance issued within 6 months before the filing of petition
7. Character reference from the local church/minister, the petitioner’s employer and a member of the
immediate community who have known petitioner for at least 5 years
8. Fully body postcard-size pictures of the petitioner and his immediate family taken at least 6
months before the filing of the petition.

SEC. 32. DUTY OF THE COURT

 Examine whether the petition is sufficient in form and substance and a proper case for inter-
country adoption
 If so, court shall immediately transmit the petition to the ICAB for appropriate

ADOPTION 10
 DOMESTIC ADOPTION VS. INTERCOUNTRY ADOPTION
DOMESTIC ADOPTION
Who may be A child legally available for adoption
adopted
REQUISITES:
1. Below 18 years old and
2. Judicially declared available for
adoption
EXCEPTIONS:
1. Legitimate son/daughter of one
spouse by the other spouse
2. Illegitimate son/daughter by a
qualified adopter
3. Person of legal age if, prior to the
adoption of said person has been
consistently considered and
treated by the adopter/s as his/her
own child since minority
Who may FILIPINO CITIZENS
adopt 1. With full civil capacity and legal
rights
2. Good moral character
3. Not convinced of any crime
involving moral turpitude
4. Emotionally and psychologically
capable of caring for children
5. At least 16 years older than the
adoptee unless the biological
parent of the adoptee or the
spouse of said parent
6. In a position to support and care
for the children in keeping with
the means of family
7. Permanent resident of the
Philippines
ALIEN CITIZENS
1. Same qualifications as above
2. His/her country has diplomatic
relations with RP
3. His/her government allows the
adoptee to enter his/her country as
his/her adopted child
4. Has been living in the Philippines
for at least three continuous years
prior to the filing of the application
for adoption and maintains such
residence until the adoption decree
has been entered
ADOPTION
INTERCOUNTRY ADOPTION
Only a legally free child may be adopted
REQUISITES:
1. Below 15 years of age and
2. Has been voluntarily or
involuntarily committed to the
DSWD in accordance with PD
603
FILIPINO CITIZENS
6. Petitioner must be at least 27 years
old and adoptee must be at least 16
years younger at the time of the
application; EXCEPT when (i)
Petitioner is a parent of the child or
(ii) Spouse of such parent
7. Adopter has capacity to act and
assume all rights and responsibility of
parental authority under his national
laws and has undergone appropriate
counseling from an accredited
counselor in his country
8. Adopter has not been convicted of a
crime involving moral turpitude
9. Adopter is eligible to adopt under his
national law
10. Adopter can provide care and support
and instill the necessary moral values
and example to all his children,
including the child to be adopted
11. Adopter agrees to uphold the basic
rights of the child as embodied under
Philippine Laws and the UN
Convention on the Rights of the
Child, and to abide by the rules and
regulations issued to implement the
provisions of RA No. 8043
12. Adopter comes from a country with
which the Philippines has diplomatic
relations and whose government
matins a similarly authorized and
11
 5. Has been certified by his/her
diplomatic or consular office or any
appropriate government agency
that she has the legal capacity to
adopt in his/her country
ADOPTION
accredited agency and that adoption
of a Filipino child is allowed under
his national laws
13. Adopter possess all the qualifications
and none of the disqualifications
provided by law.
14. Permanent resident of a foreign
country.
ALIENS
1. At least 27 years of age at the
time of the application
2. At least 16 years older than the
child to be adopted at the time of
the application unless the adopter
is the parent by nature of the child
to be adopted or the spouse of
such parent
3. Has the capacity to act and
assume all rights and
responsibilities of parental
authority under his national laws
4. Has undergone the appropriate
counselling from accredited
counsellor in his/her country
5. Has not been convicted of a crime
involving moral turpitude
6. Eligible to adopt under his/her
national law
7. In a position to provde the proper
care and support and to give the
necessary moral values and
example to all his children
including the child to be adopted
8. Agrees to uphold the basic rights
of the child as embodied under
Philippine laws, the UN
Convention on the rights of a
child, and to abide by the rules
and regulations issued to
implement the provisions of RA
No. 8043
9. Adopter comes from a country
with which the Philippines has
diplomatic relations and whose
government matins a similarly
authorized and accredited agency
and that adoption of a Filipino
child is allowed under his national
laws
12

Requirement General Rule:
of Joint Husband and wife shall jointly adopt,
Adoption by otherwise, adoption shall not be allowed:
Spouses 1. One spouse seeks to adopt the
legitimate child of the other spouse
2. One spouse seeks to adopt his own
illegitimate child, provided the other
spouse consents thereto
3. Spouses are legally separated from
each other.
PROCEDURE
Where to file In the Family Court of the province or city Either:
where the prospective parents reside
After Filing The petition shall not be set for hearing
without case study report by a licensed
social worker
Supervised 1. Temporary parental authority is
Trial vested in prospective adopter
Custody 2. Period is at least 6 months but
may reduced by the court motu
proprio or upon motion
3. If adopter is alien, the law
mandatorily requires a completion
of the 6 month trial custody and
may not be reduced except if:
 A former Filipino
adopting a relative within
4th degree of
consanguinity or affinity
ADOPTION
10. Adopter possess all the
qualifications and none of the
disqualifications provided by law.
Rule: if the adopter is married, his/her
spouse must jointly file for the adoption.
a. Family Court having jurisdiction
over the place where the child
resides or may be found; or
b. ICAB through an intermediate
agency, whether governmental or an
authorized and accredited agency, in
the country of the prospective
adoptive parents
a. If filed in the FC, the court
determines sufficiency of petition
in respect to form and substance,
after which, petition is transmitted
to ICAB
b. If filed with ICAB, it conducts
matching of the applicant with an
adoptive child
c. After matchmaking, the child is
personally fetched by the
applicant for the trial custody
which takes place outside of the
Philippines.
1. Takes place outside the country
and under the supervision of the
foreign adoption agency
2. For a period of at least 6 months
3. If unsuccessful, ICAB shall look
for another prospective applicant.
Repatriation of the child is to be
resorted only as a resort;
4. If successful, ICAB transmits a
written consent for the adoption
to be executed by the DSWD, and
the applicant then files a petition
for adoption in his/her country
13
  Alien adopting the
legitimate child of
Filipino Spouse
 Married to a Filipino
seeking to adopt jointly
with his spouse a relative
within the 4th degree of
consanguinity or affinity
of the Filipino spouse
Decree of Issued by a Philippine Family Issued by a foreign court
Adoption Court
Consent Written consent of the following to the 1. Written consent of biological or
Required adoption is required, in the form of adopted children above 10 years
affidavit: of age, in the form of sworn
1. Adoptee, if 10 years age or over; statement is required to be
2. Biological parent/s of the child, if attached to the application to be
known, or the legal guardian, or filed with the FC or ICAB
the proper government 2. If a satisfactory pre-adoptive
instrumentality which has legal relationship is formed between
custody of the child the applicant and the child, the
3. Legitimate and adopted sons or written consent of the adoption
daughters, 10 years of age or executed by the DSWD is
over, the adopter/s and adoptee, if required.
any,
4. Illegitimate sons/daughters, 10
years of age of over, of the
adopter if living with said
adopter, and the latter’s spouse if
any
5. Spouse, if any of the person
adopting or to be adopted

ADOPTION 14