1. Any Filipino citizen 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, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) 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 adoptee’s parent;
2. Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and certification of the alien’s qualification to adopt in his/her country may be waived for the following:
> A former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or
> One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
> One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or
Husband and wife shall jointly adopt, except in the following cases:
A. If one spouse seeks to adopt the legitimate son/daughter
of the other, or
B. If one spouse seeks to adopt his/her own illegitimate
son/daughter: Provide, However, that the other spouse has
signified his/her consent thereto: or
C. If the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate son/daughter of the other, joint parental authority shall be exercised by the spouses
3. The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities.
Children eligible for adoption
1. Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption in accordance with the procedures as indicated in Articles 142 to 155 of the P.D. 603: The Child and Youth Welfare Code;
2. The legitimate son/daughter of one spouse by the other spouse;
3. An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;
4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority;
5. A child whose adoption has been previously rescinded; or
6. A child whose biological or adoptive parent(s) has died. Provided, that no proceedings shall be initiated within six (6) months from the time of death of said parent(s).
