Domestic Adoption (Step-by-step procedure) RA8552

1. Pre-Adoption Counseling/ Seminar
Adoptive Parents are required to attend a seminar or fora at the DSWD to help then assess their motivation.

2. Filing an Application
Adoptive Parents files an application for adoption at the DSWD after completing the seminar or fora.

3. Declaration of the child as Abandoned (Optional)
If efforts to locate the biological parents shall fail, the child shall be registered as foundling. The child shall then be a subject to legal proceedings to declare him/her abandoned and ready for adoption.

4. Homestudy
Adoptive parents make arrangements for Homestudy to beconducted by DSWD or child-placing agency. If the adoptive parents residing abroad, the Homestudy shall only be conducted by an agency duly accredited by the Inter-country adoption board.

5. Matching
Matching of the child to the adoptive parents based on the Home Study is conducted by the DSWD.

6. Issuance of pre-adoption placement authority
DSWD issues a pre-adoption placement authority attesting that the child is ready for supervised trial custody.

7. Supervised Trial Custody
The child is placed under the custody of the adoptive parents for a period of six(6) months.

8. Consent to Adoption
DSWD issues its written consent to adoption after the supervised trial custody.

9. Filing of Petition for Adoption at the Regional Trial Court
Adoptive parents file a Petition for Adoption at the Regionalwithin 30 days after the receipt of the consent to Adopt.

10. Publication and Hearing of the Petition
Before hearing, RTC Orders the publication of the Hearing of the Petition in the newspaper of general circulation once a week for three consecutive weeks. Adoptive parents and adoptee are required to attend the hearings.

11. Issuance of the Decree of Adoption
Upon approval of the adoption, the court issues an adoption decree and enters a judgment. Time frame is 6 monthsfrom the date of submission of the Petition for Resolution.

12. Authorization to Travel Abroad
Once the adoption is already final, the DSWD shall issue a written authorization for the child to travel abroad. The birth certificate of the child is also amended to reflect the names of the adoptive parents. The Decree of Adoption becomes final after 15 days from date of the receipt of the parties. Provided that the Department of Justice did not file and Appeal.

What Is Domestic Adoption?

Domestic adoption refers to the legal process by which a Filipino citizen adopts a child within the Philippines. The primary law governing domestic adoption is Republic Act No. 8552 (Domestic Adoption Act of 1998), with recent amendments introduced by Republic Act No. 11642 (Domestic Administrative Adoption Act of 2022) which simplified the process by making certain adoptions administrative rather than purely judicial.

Who Can Adopt?

Under Philippine law, the following individuals may adopt:

• Any Filipino citizen of legal age (18 years old and above) with full civil capacity and legal rights.
• A person with a proven ability to support and care for a child, considering their income and resources.
• At least 16 years older than the child to be adopted, unless the adopter is the biological parent or a relative within the fourth degree of consanguinity.
• Married individuals must adopt jointly with their spouse, unless the court allows one spouse to adopt for a valid reason.
• Single individuals may also adopt under certain circumstances.

Who Can Be Adopted?

The following children may be adopted through domestic adoption:

• Any child below 18 years old who has been declared legally available for adoption.
• A child whose parents have died, abandoned them, or voluntarily committed them to an adoption agency.
• A child whose parental authority has been terminated by a court order.
• A legitimate child may be adopted by the spouse of the biological parent (stepparent adoption).
• An adult may also be adopted in certain cases, such as when the adopter has cared for the adult since childhood.

The Adoption Process Under RA 8552

1. Pre-adoption counseling or seminar — Adoptive parents must attend a seminar or forum conducted by the Department of Social Welfare and Development (DSWD) or a licensed child-placement agency.
2. Application and home study — Prospective parents submit an application, and a social worker conducts a home study to assess the family environment.
3. Placement of the child — Once approved, the child is placed with the adoptive family under a trial custody period, typically six months.
4. Filing of the adoption petition — After successful trial custody, the adoptive parents file a petition for adoption with the proper court.
5. Court hearing and decree — The court evaluates the petition, hears evidence, and issues a decree of adoption if satisfied.
6. Issuance of the amended birth certificate — Once the decree is final, the Philippine Statistics Authority (PSA) issues a new birth certificate naming the adoptive parents.

Changes Under RA 11642 (New Administrative Adoption Law)

Republic Act 11642, enacted in 2022, created the National Authority for Child Care (NACC) and established an administrative adoption process for certain cases. This aims to reduce the time and cost of adoption by allowing some adoptions to be processed administratively rather than through the courts. However, the traditional judicial process under RA 8552 remains available for cases that require court supervision.

Last reviewed: June 2026