How to File a Petition for Adoption
Court adoption in the Philippines is governed by RA 8552 (Domestic Adoption Act of 1998) and RA 11642 (creating the National Authority for Child Care or NACC). The process has two phases: the DSWD pre-adoption process and the court process. This page focuses on the court process — filing the petition with the Family Court through the Decree of Adoption. For the DSWD pre-adoption process, see our DSWD Adoption Tutorial.
DSWD Process vs. Court Process
Adoption involves two stages handled by different bodies:
DSWD / NACC Process (Pre-Adoption)
- Pre-Adoption Placement Seminar (PAPS)
- Home study and assessment of prospective parents
- Matching of child with adoptive family
- Supervised trial custody (minimum 6 months)
- Issuance of DSWD Consent to Adoption
Court Process (This Page)
- Engaging a lawyer and preparing the petition
- Filing the petition with the Family Court
- Payment of filing fees
- Publication of the petition
- Court hearings (with OSG participation)
- Issuance of the Decree of Adoption
Who Can Adopt? (Qualifications Under RA 8552)
Under the Domestic Adoption Act, the following may file a petition for adoption:
- Any Filipino citizen of legal age, with full civil capacity, good moral character, no conviction for moral turpitude, emotionally and psychologically capable of caring for children, and able to support the child
- Must be at least sixteen (16) years older than the adoptee (except if biological parent or spouse of the child's parent)
- If married, both spouses must jointly file, except for stepchild adoption or adoption of one's own illegitimate child
- An alien with the same qualifications, whose country has diplomatic relations with the Philippines, residing here for at least 3 continuous years (filed through ICAB)
- A guardian, with respect to the ward, after termination of guardianship and clearance of financial accountabilities
Who Can Be Adopted?
Under RA 8552, the following may be adopted:
- Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption
- The legitimate son/daughter of one spouse by the other spouse (stepchild adoption)
- An illegitimate son/daughter by a qualified adopter to improve the child's status to that of legitimacy
- 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
- A child whose adoption has been previously rescinded
- A child whose biological or adoptive parent(s) has died, provided that no proceedings shall be initiated within six (6) months after the death of said parent(s)
Requirements for the Court Petition
Petition Documents
- Verified Petition for Adoption (prepared by lawyer)
- PSA Birth Certificate of the adopter(s)
- PSA Marriage Certificate (if married)
- PSA Birth Certificate of the child
- Written consent of child (if 10 years old or older)
- Written consent of biological parent(s) or guardian
- Affidavit of consent of adopter's children (if 10+ years old)
- CENOMAR of the child — PSA-issued (if applicable)
Supporting Documents from DSWD
- DSWD Consent / Favorable Recommendation
- Home Study Report on prospective adoptive parent(s)
- Child Study Report on the child
- Decree of Abandonment or Involuntary Commitment (if applicable)
- PAPS Certificate of Completion
- Trial Custody Report (minimum 6 months)
- NBI, police, barangay clearances; medical/psychological evaluation
Note: Requirements may vary by adoption type (regular, stepchild, relative, or adult) and the Family Court handling the case. Your lawyer will advise on the complete list for your situation.
Step-by-Step Process
How to File a Petition for Adoption in Court
Step 1: Complete DSWD Pre-Adoption Requirements
• Attend PAPS, undergo home study, complete matching and trial custody
• Obtain the DSWD Consent / Favorable Recommendation
Step 2: Engage a Lawyer
• Hire a family law attorney experienced in adoption cases
• Discuss your case, timeline, and legal fees
Step 3: Prepare the Verified Petition for Adoption
• Lawyer drafts the petition with facts, legal basis, and party details
• Attach supporting documents (DSWD reports, consents, certificates)
• Petition must be verified (signed under oath)
Step 4: File the Petition with the Family Court
• File at the Family Court where the petitioner or adoptee resides
• Submit all documents and annexes to the Clerk of Court
Step 5: Pay the Filing Fees
• Pay court filing fees (typically PHP 3,000–10,000)
• Additional fees for publication and other court costs may apply
Step 6: Publication of the Petition
• Court orders publication in a newspaper of general circulation
• Once a week for three (3) consecutive weeks
Step 7: Court Hearings
• Court schedules hearing(s) after the publication period
• The OSG participates on behalf of the State
• Petitioner(s), child, and DSWD social worker may testify
Step 8: Court Issues the Decree of Adoption
• Court issues Decree; orders amended birth certificate
• Child is now the legitimate child of the adopter(s)
• Decree becomes final after 15 days if no appeal is filedExample Explained
Steps 1–2: The court process cannot begin until the DSWD pre-adoption requirements are complete (PAPS, home study, matching, and at least 6 months of supervised trial custody). Once the DSWD issues its Consent, engage a family law attorney experienced in adoption cases. The lawyer will handle all court filings and represent you during hearings.
Steps 3–4: Your lawyer drafts the Verified Petition for Adoption — a formal document stating the identities and qualifications of the adopter(s), the child's circumstances, and the legal basis under RA 8552. The petition is filed with the Family Court that has jurisdiction over the petitioner's or child's residence. The Clerk of Court assigns a case number and raffles it to a judge.
Steps 5–6: Upon filing, pay the court filing fees (PHP 3,000–10,000). The court then orders publication of the petition in a newspaper of general circulation, once a week for three consecutive weeks. This gives notice to any party who may oppose the adoption. Publication costs PHP 15,000–25,000, borne by the petitioner.
Steps 7–8: After publication, the court schedules hearings where the petitioner(s), DSWD social worker, and child (if of suitable age) may testify. The OSG participates as the State's representative. If the court finds the adoption is in the child's best interest, it issues the Decree of Adoption — making the child the legitimate child of the adopter(s) and ordering the Civil Registrar to issue an amended birth certificate.
Complete Example: Mark and Lisa Adopt Joy
Real-World Scenario
Scenario: Mark (38) and Lisa (35) are a married Filipino couple who
completed the DSWD pre-adoption process for 5-year-old Joy.
After 8 months of supervised trial custody, the DSWD issued its
Consent to Adoption. They are ready to file the court petition.
What Mark and Lisa Prepare:
• Verified Petition (drafted by Atty. Santos)
• PSA Birth Certificates (Mark, Lisa, and Joy) + Marriage Certificate
• DSWD Consent, Home Study Report, Child Study Report
• Trial Custody Report (8 months) + PAPS Certificate
• NBI Clearances, medical/psychological evaluations
• Written consent of Joy's biological parent (or Decree of Abandonment)
Court Process Timeline:
Month 1, Week 1 — Atty. Santos files the petition with the Family Court
Month 1, Week 1 — Mark and Lisa pay filing fees (PHP 5,500)
Month 1, Week 2 — Court issues Order setting the case for hearing
Month 1, Weeks 2–4 — Publication in newspaper (3 consecutive weeks)
Month 2, Week 2 — Publication period ends; no opposition filed
Month 3, Week 1 — First hearing: Mark, Lisa, and DSWD social worker testify
Month 3, Week 3 — OSG confirms no objection to the adoption
Month 4, Week 1 — Court renders Decision granting the Petition
Month 4, Week 3 — Decision becomes final (no appeal filed within 15 days)
Month 4, Week 4 — Decree of Adoption issued!
Result: The Family Court issues the Decree of Adoption!
Joy is now the legitimate child of Mark and Lisa.
The court orders the Local Civil Registrar to:
• Issue an amended birth certificate for Joy
• Reflect Mark and Lisa as Joy's parents
• Change Joy's surname to the adopter's surname
Estimated Costs:
• Court filing fees: PHP 5,000–10,000
• Lawyer's fees: PHP 50,000–150,000 (varies by lawyer)
• Publication fees: PHP 15,000–25,000
• Miscellaneous (documents, transport): PHP 5,000–10,000
Total Estimated Time: 3–6 months (court process only)
Including DSWD Process: 1–2 years totalEffects of Adoption
| Legal Effect | Description | Legal Basis |
|---|---|---|
| Legal Name Change | Child bears the adopter's surname. The court may also allow a first name change upon request. | RA 8552, Sec. 13 |
| Legitimacy | The adopted child is the legitimate child of the adopter(s), enjoying all rights of a legitimate child. | RA 8552, Sec. 17 |
| Inheritance Rights | Same successional rights as a legitimate child, including the right to inherit from adoptive parents and their relatives. | RA 8552, Sec. 17; Civil Code |
| Parental Authority | Vested in the adopter(s), who assume all parental rights and obligations under the law. | RA 8552, Sec. 17; Family Code |
| Severance of Biological Ties | All legal ties with biological parent(s) are severed, except in stepchild adoption where ties with the biological parent-spouse are maintained. | RA 8552, Sec. 17 |
| Amended Birth Certificate | Civil Registrar issues a new birth certificate with the child's new name and adopter(s) as parents. The original is sealed. | RA 8552, Sec. 14 |
| Nationality | If the adopter is Filipino, the adopted alien child automatically acquires Philippine citizenship upon issuance of the Decree of Adoption. | RA 8552, Sec. 17 |
Note: The Decree of Adoption is irrevocable except in very limited circumstances under RA 8552, Section 19, such as repeated physical or verbal maltreatment by the adopter, or when the adopter has abandoned and failed to comply with parental obligations.
Frequently Asked Questions
Q: Can single persons adopt in the Philippines?
Yes. Under RA 8552, a single Filipino citizen who meets all qualifications may adopt. However, a single person cannot adopt a child of the opposite sex unless the adopter is the biological parent of the child. Single persons adopt through the DSWD matching process, subject to assessment that the adoption is in the child's best interest.
Q: Can stepparents adopt their stepchild?
Yes. A spouse may adopt the legitimate child of the other spouse (stepchild adoption). The 16-year age gap does not apply, and ties with the biological parent-spouse are maintained. A court petition is still required, along with written consent of the biological parent-spouse and the child (if 10 years old or older). The DSWD process is generally simplified for stepchild adoption.
Q: How long does the court process for adoption take?
The court process alone typically takes 3 to 6 months, covering publication (3–4 weeks), waiting for opposition, and hearings. Timelines vary by court caseload and case complexity. Including the DSWD pre-adoption process, the entire adoption may take 1 to 2 years.
Q: What are the costs involved in filing a petition for adoption?
Major costs include: court filing fees (PHP 3,000–10,000), lawyer's fees (PHP 50,000–150,000+), publication fees (PHP 15,000–25,000), and miscellaneous costs for documents and notarization. Indigent petitioners may seek exemption from fees and free legal help from the Public Attorney's Office (PAO).
Q: Can an adoption be rescinded?
Only in limited circumstances under RA 8552. Grounds include repeated maltreatment by the adopter despite counseling, abandonment by the adopter, or if the adopted child commits an act constituting grounds for disinheritance. Rescission requires a separate court petition and is not automatic.
Q: What about inter-country adoption?
Inter-country adoption is governed by RA 8043 and handled by the ICAB (now under the NACC). It applies when a foreign national or Filipino citizen permanently residing abroad wishes to adopt a Filipino child. Requirements are stricter, and the petition is filed through an ICAB-accredited foreign adoption agency. The Family Court handles the Philippine court process upon NACC/ICAB referral.
Important Reminders
- Adoption is a judicial process — only a Family Court can issue a Decree of Adoption; there is no extrajudicial adoption for domestic cases
- The DSWD pre-adoption process must be completed before filing the court petition — the court requires the DSWD Consent or Favorable Recommendation
- Simulated adoption is illegal — registering a child under a non-biological parent's name without legal adoption is a criminal offense under RA 8552; buying or trafficking children for adoption is also a serious crime
- A lawyer is required — if you cannot afford one, seek free assistance from the Public Attorney's Office (PAO)
- Publication in a newspaper of general circulation and participation of the Office of the Solicitor General (OSG) are both mandatory — adoption cannot proceed without them
- After the Decree becomes final, request the amended birth certificate from the Local Civil Registrar and update records with PSA, schools, and other institutions
- Keep certified copies of the Decree of Adoption in a safe place for future legal transactions
Disclaimer
This guide is provided for general informational purposes only. The requirements, steps, fees, and procedures mentioned here may vary depending on the Courts you visit. We recommend visiting your nearest Courts first to confirm the specific requirements and process before preparing your documents.