RESOURCES

Frequently Asked Questions On Adoption

ROHEI Foundation

Starting your adoption journey may seem daunting and difficult to start. The good news is you don’t have to face it alone. We hope these answers to the questions you may have can encourage you to take the next step in your adoption journey.

What is adoption?

Adoption is a socio-legal process of providing a permanent family to a child whose parents have voluntary or involuntary relinquished parental authority over the child. Two types of adoption are recognized by the Philippines, agency and relative adoption.

Who can adopt?

  • The legal guardian of the child
  • Foster parent of the foster child
  • Philippine government officials that are deployed abroad
  • Spouses shall jointly adopt, except for the following situations:
    • One spouse wants to adopt the legitimate child of another
    • One spouse wants to adopt their own illegitimate child, upon the consent of the other spouse.
    • Spouses are legally separated from each other.
  • A foreign national who has habitually resided in the Philippines for at least five years.
    • The country they are citizens of should have diplomatic relationship with the Philippines, and will recognize the adoption of the child.
    • The requirements of residency can be waived for the following:
      • A former Filipino citizen who wishes to adopt a relative within the 4th degree of consanguinity.
      • A person who wants to adopt the legitimate child of their Filipino spouse.
      • A person that is married to a Filipino citizen and desires to adopt a relative within the 4th degree of consanguinity.

Aside from these eligibilities, please note that an adoptive parent must…
Be the right age

  • At least 25 years old
  • At least sixteen (16) years older than the adoptee, unless it is relative adoption

Provide a safe and healthy environment for the child 

  • Be of good moral character
  • Not convicted of a crime involving moral turpitude
  • Be committed and genuinely interested in parenting
  • Be willing to learn how to parent a child
  • Be able to provide a familial atmosphere for the child
  • Has a healthy and harmonious relationship with family members living with them
  • Be physically, mentally, and emotionally capable
  • Have sufficient resources to provide for the child’s needs.

 

Who may be adopted?

  • A child that has been issued a Certification Declaring a Child Legally Available for Adoption.
  • A legitimate child of one spouse by the other spouse.
  • An illegitimate child by a qualified adopter to improve the status of legitimacy.
  • A Filipino of legal age who has been treated as part of the family for at least three years.
  • A foster child.
  • A child whose adoption has been formerly rescinded.
  • A child whose biological or adoptive parents have died
  • A relative of the adopter, in relation to the previous point.
  • For non-relative adoptions, a child must be declared legally available for adoption by the state through the issuances of the Certification Declaring a Child Legally Available for Adoption (CDCLAA).
    • Children who are orphaned, abandoned, and neglected can be declared legally available for adoption after assessment.

How can I adopt?*

  • The ROHEI Foundation is a Child Placing Agency. Sign up for our Pre-Adoption and Foster Care Forum here.
  • To add, you could also share your interest with the Department of Social Welfare and Development (DSWD) or to other accredited Child Placing Agencies like Kaisang Buhay Foundation (KBF) and NORFIL Foundation. After coordinating with these agencies, they will assist you on the adoption process and documentary requirements.

What are the documentary requirements needed for adoption?

  • PSA Birth Certificate
  • PSA Marriage Certificate (if adopters are married)
  • Written authorization to the adoption of the legitimate, adopted, or illegitimate children living with the applicant who are aged ten (10) years old and above
  • Health Certificate of adopting couple and their family member
  • NBI Clearance or Police Clearance
  • Latest Income Tax Return (ITR) or any proof of income
  • Three (3) Character References
  • Statement of Acceptance from labeled guardian
  • Latest family picture and home photos
  • Home Study Report

How long will the adoption process take?*

The process usually takes about 6 to 12 months, but can be delayed further in complex cases. We advise interested families to get started with the first few steps already to prepare themselves better for unexpected delays.

What is the cost for adoption?*

Service fees across different child placing agencies may vary. This service fee covers administrative costs and allows the Foundation to continue serving more families.

The specific services and payment terms can be discussed during a meeting with the Foundation staff. If you prefer to avail of adoption services without a fee, the Department of Social Welfare and Development can accommodate you. Visit adoptionfostercare.dswd.gov.ph to know more.

Can a single person adopt or foster?

Yes. Adopting a child is an option available not just to couples but also to singles or solo parents. As long as the applicant meets all the requirements and has shown the proper motivation for wanting to care for a child, he or she will be considered.

Is there an age requirement when it comes to adoption?

Anyone of legal age may adopt. He/she must be at least 16 years older than the adoptee unless he/she is the biological parent of the adoptee, or the spouse of the adoptee’s parent.

After the process, will my name be listed as the parent in the birth certificate?

After a judicial decree of adoption has been issued by the Court, it shall be registered with the Local Civil Registrar for entry in the Register Of Court Decrees. Afterwards, you may proceed with processing the Amended Certificate of Live Birth of the adopted child, which shall be prepared and issued by the civil registrar.

When do I involve a lawyer in the process?*

A lawyer is required during the judicial phase of the process. This starts with the petition for adoption filed at the family court of the province.

Can we adopt more than one child?

Yes, there are often siblings available for adoption and DSWD always keeps them together to maintain the family bond. The same applies for single or solo parent adopters.

If my spouse and I pass away, where does our adopted child go?

In the event of untimely death of the adoptive parent/s, the child will go to the custody of his/her legal guardian.

Attend our Pre-Adoption and Foster Care Forum to jumpstart your journey!

 

*Edited as of February 3, 2022: Recently, the Domestic Administrative Adoption and Alternative Child Care Act or RA 11642 was signed in order to change the process of adoption in the Philippines. We are currently waiting for the the Implementing Rules and Regulations, meaning as of now, everything in this post still applies. Read more about it in this article.

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