Adoption Petition (Philippines)
REPUBLIC OF THE PHILIPPINES
NATIONAL AUTHORITY FOR CHILD CARE (NACC)
In the Matter of the Adoption of [Adoptee Name],
[Adopter Name],
Petitioner-Adopter.
PETITION FOR ADOPTION
(Under Republic Act No. 11642, Domestic Administrative Adoption and Alternative Child Care Act of 2022; Republic Act No. 8552, Domestic Adoption Act of 1998)
PETITIONER-ADOPTER [Adopter Name], by counsel, respectfully states:
I. ADOPTER
1. Petitioner-Adopter [Adopter Name], [Adopter Age], [Marital Status], residing at [Adopter Address], and employed as [Adopter Occupation], is legally qualified to adopt under Republic Act No. 11642.
II. ADOPTEE
2. The minor child to be adopted is [Adoptee Name], born on [Adoptee DOB] at [Adoptee POB], currently residing at [Adoptee Address], as shown in the PSA-certified Birth Certificate attached as Annex 'A'.
3. Upon adoption, the child shall bear the name [Proposed New Name].
III. BIOLOGICAL PARENTS AND CONSENT
4. The biological parents of [Adoptee Name] are: [Biological Parents].
5. Consent basis: [Consent Basis]. The required consent under Section 11 of RA 11642 has been obtained or is not required for the reason stated.
IV. TYPE OF ADOPTION AND BEST INTERESTS OF CHILD
6. This is a [Adoption Type]. The adoption is in the best interests of the child for the following reasons: [Adoption Justification]
PRAYER
WHEREFORE, Petitioner-Adopter prays that after due proceedings, an Order of Adoption be issued: (a) granting the adoption of [Adoptee Name] by [Adopter Name]; (b) declaring [Adoptee Name] as the legitimate child of [Adopter Name] with all the rights of a legitimate child under the Family Code; (c) directing the Local Civil Registrar and the PSA to issue a new birth certificate in the name of [Proposed New Name]; and (d) granting such other relief as may be just and equitable.
[Filing Date].
[Adopter Name]
Petitioner-Adopter
VERIFICATION AND CERTIFICATE AGAINST FORUM SHOPPING
I, [Adopter Name], residing at [Adopter Address], under oath, state that I am the Petitioner-Adopter herein; that the foregoing allegations are true and correct based on my personal knowledge; and that I have not filed any other adoption petition involving the same child before any other court, tribunal, or quasi-judicial body.
[Adopter Name]
Petitioner-Adopter
Adopter / Petitioner
________________
Signature
What Is a Adoption Petition (Philippines)?
An Adoption Petition in the Philippines states the claim and the grounds for it, asking the competent body to act on the matter raised.
Under RA 11642 and its Implementing Rules and Regulations, the Petition for Adoption is filed with the NACC. After filing, a social worker from the NACC conducts a Home Study Report (HSR) and a Child Study Report (CSR) to assess the suitability of the adopter and the best interests of the child. The NACC issues an Order of Adoption that has the same legal effect as a court-issued adoption decree. The Order grants the adopted child the status of a legitimate child of the adopter, entitling the child to all the rights of a legitimate child including successional rights under Articles 188-190 of the Family Code.
Under Article 183 of the Family Code and Section 7 of RA 8552, qualified adopters include: Filipino citizens of legal age, in possession of full civil capacity and legal rights, of good moral character, with the ability to support and care for the child, at least 16 years older than the adoptee unless the adopter is the biological parent or spouse of the adoptee's parent. A husband and wife must jointly adopt, except in certain cases: when one spouse seeks to adopt the legitimate child of the other, when one spouse seeks to adopt his or her own illegitimate child, or when the spouses are legally separated.
Adoption severs the legal ties of the biological parents and the adopted child and creates new legal ties between the adopted child and the adopter. The PSA issues a new birth certificate in the name of the adopter as parent, with the adopted child bearing the surname of the adopter.
The legal framework governing the Adoption Petition (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Adoption Petition (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Domestic Adoption Act (RA 11642) sets the foundational requirements.
When Do You Need a Adoption Petition (Philippines)?
A Petition for Adoption in the Philippines is needed in several specific circumstances governed by Republic Act No. 11642 and its predecessor, Republic Act No. 8552.
An Adoption Petition is filed when a person or couple wishes to legally adopt a child who has been declared legally available for adoption by the NACC — typically a child who has been voluntarily committed by the biological parents, or who has been involuntarily committed because the biological parents are unfit, or who has been abandoned.
An Adoption Petition is required when a stepparent seeks to legally adopt the biological child of his or her spouse, to create the legal parent-child relationship between the stepparent and the child, granting the child successional rights to the stepparent's estate and entitling the child to carry the stepparent's surname.
An Adoption Petition is needed when a relative (grandparent, aunt, uncle, or sibling) who has been caring for a child wishes to formalize the legal parent-child relationship for purposes of education, medical decisions, travel consent, estate planning, and PSA civil registry.
An Adoption Petition is filed by an illegitimate child's biological father who wishes to adopt his own illegitimate child (under Section 7 of RA 8552), thereby giving the child legitimate status and successional rights, distinct from simple recognition which does not grant full legitimacy.
An Adoption Petition is required before a Filipino child may be placed for inter-country adoption: the NACC must first determine that the child cannot be adopted domestically before the child may be referred for inter-country adoption under Republic Act No. 8043 (Inter-Country Adoption Act of 1995).
Parties in Philippines should prepare a Adoption Petition (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Adoption Petition (Philippines)
A Petition for Adoption in the Philippines under Republic Act No. 11642 must contain the following essential elements and supporting documents.
Adopter Qualifications: The petition must establish that the adopter meets the qualifications under Section 9 of RA 11642: Filipino citizen or qualified foreign national with at least 3 years of continuous residency in the Philippines; at least 16 years older than the adoptee (unless the adopter is the biological parent or stepparent); of good moral character; in possession of full civil capacity; financially capable of supporting the child; and not convicted of any crime involving moral turpitude.
Child Information: Full name, birthdate, and address of the adoptee; the child's PSA birth certificate; the Child Study Report prepared by the NACC social worker; the child's health certificate from a licensed physician; and the school records of the child if school-age.
Consents Required: Written consent of the biological or adoptive parents of the adoptee, or the legal guardian, or the proper government instrumentality having legal custody of the child, pursuant to Section 11 of RA 11642. If the adoptee is 10 years of age or older, the written consent of the adoptee is also required.
Home Study Report: A Home Study Report (HSR) prepared by an NACC-accredited social worker assessing the adopter's home environment, financial capacity, motivation for adopting, and suitability to care for the child.
Marriage Certificate: For married adopters, the PSA-certified Marriage Certificate of the adopting spouses, or for single adopters, the PSA-certified Birth Certificate of the adopter.
Post-Adoption Reports: The NACC requires post-adoption supervision reports for at least 3 years after the issuance of the Order of Adoption, to monitor the child's adjustment and welfare.
New Birth Certificate: After the NACC issues the Order of Adoption, the adopter must register the adoption with the Local Civil Registrar and the PSA, which issues a new birth certificate showing the adopter as the parent and the adopted child bearing the adopter's surname.
Additional compliance elements for a Adoption Petition (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Adoption Petition (Philippines) (Philippines) [Legal document template]. Forms Legal. https://forms-legal.com/philippines/personal/family/adoption-petition-philippines
"Adoption Petition (Philippines) (Philippines)." Forms Legal, 2026, https://forms-legal.com/philippines/personal/family/adoption-petition-philippines.
@misc{formslegal-adoption-petition-philippines,
author = {{Forms Legal}},
title = {Adoption Petition (Philippines) (Philippines)},
year = {2026},
howpublished = {\url{https://forms-legal.com/philippines/personal/family/adoption-petition-philippines}},
note = {Free legal document template. Based on Domestic Adoption Act (RA 11642)}
}Frequently Asked Questions
Under Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act of 2022), a person who wishes to adopt a child in the Philippines must meet these requirements: (1) Filipino citizen of legal age, or a foreign national with at least 3 years of continuous residency in the Philippines and whose country maintains a Hague Convention accession or bilateral agreement with the Philippines; (2) at least 16 years older than the adoptee — this age gap requirement may be waived if the adopter is the biological parent or stepparent of the adoptee; (3) in possession of full civil capacity and legal rights; (4) of good moral character (supported by NBI clearance and police clearance); (5) financially capable of supporting, rearing, and educating the child (supported by income tax return, payslip, or business permit); (6) not convicted of any crime involving moral turpitude; and (7) for married couples, both spouses must jointly file the petition except under the exceptions in Section 10 of RA 11642. A single person may adopt but must be at least 27 years old unless adopting a relative within the fourth civil degree.
The key difference between Republic Act No. 11642 (effective 2022) and Republic Act No. 8552 (Domestic Adoption Act of 1998) is the shift from judicial to administrative processing. Under RA 8552, adoption required filing a Petition for Adoption before the Regional Trial Court Family Court — a judicial proceeding subject to Rules of Court procedures, hearings, evidence presentation, and appellate review. Under RA 11642, domestic adoption is now processed administratively by the National Authority for Child Care (NACC), reducing the time and cost compared to judicial proceedings. The NACC issues an Order of Adoption that has the same legal force as a court decree. Pending cases under RA 8552 filed before the NACC assumed jurisdiction continue to be processed under RA 8552. The substantive effects of adoption — legitimate child status, succession rights, new PSA birth certificate — remain the same under both laws. Inter-country adoption continues to be governed by Republic Act No. 8043 (Inter-Country Adoption Act of 1995).
Yes — a single person may adopt a child in the Philippines under Republic Act No. 11642, subject to specific requirements. Under Section 10(b) of RA 11642, a single individual may adopt provided the person is: at least 27 years old; at least 16 years older than the adoptee (unless the adopter is the biological parent, stepparent, or relative within the fourth civil degree); in possession of full civil capacity; of good moral character; emotionally and psychologically capable of caring for children; not convicted of any crime involving moral turpitude; and financially capable of supporting the adoptee. A single person cannot adopt two unrelated children simultaneously under Philippine law. The Home Study Report prepared by the NACC social worker will assess whether the single adopter's living situation, support system, and parenting capacity adequately serve the best interests of the child.
Under Section 11 of Republic Act No. 11642, written consent to adoption is required from: (1) the biological or adoptive parents of the adoptee (if living and not legally separated), or the surviving parent if the other parent is deceased; (2) the legal guardian if the parents are absent, unknown, or unfit; (3) the proper government instrumentality — the NACC or its predecessor, the DSWD — if the child is in government custody; and (4) the adoptee, if 10 years of age or older. Parental consent is not required if the court has declared the biological parents unfit under Section 6 of Republic Act No. 9523 (requiring DSWD certification that the child is legally available for adoption), or if the biological parents have abandoned the child (abandonment is defined as failure to communicate or provide support for at least 6 months without justifiable cause). Consent must be in writing, notarized, and in a language understood by the consenting party.
Under Section 16 of Republic Act No. 11642, an adoption order in the Philippines severs all legal ties between the biological parents and the adopted child. After the adoption order takes effect: (1) the biological parents are relieved of all parental authority, obligations, and rights over the adopted child, including the right to inherit from the child; (2) the biological relatives of the adopted child lose all legal relationship with the child; (3) the adopted child acquires the same status as a legitimate child of the adopter and their relatives for all legal purposes, including inheritance under Articles 188-190 of the Family Code; (4) the PSA issues a new birth certificate listing the adopter as parent; and (5) the original birth certificate is sealed and accessible only by court order. If the adopter is the spouse of the biological parent, only the non-custodial biological parent's rights are severed — the biological parent who is the spouse of the adopter retains all parental rights.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Inter-Country Adoption Application (Philippines)
An Application for Inter-Country Adoption under Republic Act No. 8043 (Inter-Country Adoption Act of 1995) and the Hague Convention on Intercountry Adoption (ratified by the Philippines in 1996), filed through the National Authority for Child Care (NACC) or an accredited Philippine Inter-Country Adoption Agency, for foreign nationals or Filipino citizens permanently residing abroad seeking to adopt a Filipino child.
Affidavit of Legitimation (Philippines)
An Affidavit of Legitimation under Republic Act No. 9858 (Legitimation of Children Born to Parents Below Marrying Age, 2009) and Article 177 of the Family Code of the Philippines, filed with the Local Civil Registrar to legitimize an illegitimate child through the subsequent valid marriage of the biological parents.
Child Custody Agreement (Philippines)
A notarized Child Custody Agreement for the Philippines, documenting the agreed parental custody arrangement, visitation schedule, and decision-making authority over minor children. Based on Articles 213–216 of the Family Code (EO 209) and the best-interests-of-the-child standard. May be submitted to the Family Court (Regional Trial Court) for approval. Includes sole and joint custody options.