Coverage and Eligibility
A Filipino citizen or alien residing in the Philippines who has the qualification and none of the disqualifications under the Act may be eligible to adopt if he/she:
1. is of legal age.
2. is at least sixteen (16) years older than the adoptee; Provided, however that the minimum age gap between the adopter and the adoptee may not be required if the adopter
is the biological parent or sibling of the adoptee or the spouse of the adoptee`s parent; has the capacity to act and assume all the rights and duties incident to the exercise of parental authority;
4. is of good moral character and has not been convicted of any crime involving moral turpitude;
5. is in a position to support, educate and care for his/her legitimate and illegitimate children and the child to be adopted in keeping with the means of the family;
6. has undergone pre-adoption services
In addition to these qualifications, an alien may adopt if he/she:
7. is a citizen of a state which has diplomatic relations with the Philippines;
8. has been certified by his/her diplomatic or consular office or any appropriate agency that:
8.1. he/she is qualified to adopt in his/her country; and
8.2. his/her government will allow the adoptee to enter the adopter`s country and reside there permanently as an adopted child;
9. has submitted the necessary clearances and such other certifications as may be required by the Department.
Type of Adoption:
Regular/Agency Adoption – is when a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed. The adoptive families go through the process from application to finalization of the child’s adoption under the auspices of the Department of Social Welfare and Development or a licensed child-placing agency.
Relative/Direct/Indenpendent Placement Adoption – is when the biological parents make a direct placement of the child either to a relative, a member of their family, or a friend/non-relative with whom they relinquish their child. These adoptions are directly filed in Family Courts.
1. Authenticated birth certificate
2. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal Separation documents;
3. Written consent to the adoption by the legitimate and adopted sons/daughters, and illegitimate sons/daughters if living with the applicant, who are at least ten (10) years old;
4. Physical and medical evaluation by a duly licensed physician and when appropriate, psychological evaluation;
5. NBI/Police Clearance
6. Latest income tax return or any other documents showing financial capability, e.g. Certificate of Employment, Bank Certificate or Statement of Assets and Liabilities;
7. Three (3) character references, namely from the local church/minister, the employer, and a non-relative member of the immediate community who have known the applicant(s) for at least three (3) years;
8. 3×5 sized pictures of the applicant(s) and his/her immediate family taken within the last three (3) months;
9. Certificate of attendance to pre-adoption fora or seminars.
In addition, foreign nationals shall submit the following:
10. Certification that the applicant(s) have legal capacity to adopt in his/her country and that his/her country has a policy, or is a signatory of an international agreement, which allows a child adopted in the Philippines by its national to enter his/her country and permanently reside therein as his/her legitimate child which may be issued by his/her country’s diplomatic or consular office or central authority n intercountry adoption or any government agency which has jurisdiction over child and family matters; or in the absence of any of the foregoing, the Philippine Intercountry Adoption Board may also certify that the Philippines and the applicants’ country have an existing agreement or arrangement on intercountry adoption whereby a child who has been adopted in the Philippines or has a pre-adoption placement approved by the Board is allowed to enter and remain as permanent resident in the applicant’s country as his/her legitimate child.
11. Certificate of Residence in the Philippines issued by the Bureau of Immigration or Department of Foreign Affairs, as appropriate;
12. Two (2) character references from a non-relatives who knew the applicant(s) in the country of which he/she is a citizen or was a resident prior to residing in the Philippines, except for those who have resided in the Philippines for more than fifteen (15) years;
13. Police Clearance from all places of residence in the past two years immediately prior to residing in the Philippines.
For foster care under the Expression of Interest.
1. Who may be placed under foster care:
a) A child who is abandoned, surrendered, neglected, dependent or orphaned;
b) A child who is a victim of sexual, physical, or any other form of abuse or exploitation;
c) A child with special needs;
d) A child whose family members are temporarily or permanently unable or unwilling to provide the child with adequate care;
e) A child awaiting adoptive placement and who would have to be prepared for a family life;
f) A child who needs long-term care and close family ties but who cannot be placed for domestic adoption;
g) A child whose adoption has been disrupted;
h) A child who is under socially difficult circumstances such as, but not limited to, a street child, a child in armed conflict or a victim of child labor or trafficking;
i) A child who committed a minor offense but is release on recognizance, or who is in custody supervision or whose case is dismissed; and
j) A child who is need of special protection as assessed by a social worker, an agency or the DSWD.
2. Who may be a foster parent:
a) Must be of legal age;
b) Must be at least 16 years older than the child unless the foster parent is a relative;
c) Must have genuine interest, capacity and commitment in parenting and is able to provide a familial atmosphere for the child;
d) Must have a healthy and harmonious relationship with each family member living with him or her;
e) Must be of good moral character;
f) Must be physically and mentally capable and emotionally mature;
g) Must have sufficient resources to be able to provide for the family’s needs;
h) Must be willing to further hone or be trained on knowledge, attitudes and skills in caring for a child; and
i) Must not already have the maximum number of children under his foster care at the time of application or award.