WHO MAY ADOPT (LOCAL)

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 ci!e involving !oal t"pit"de;
who is emotionally and psychologically capable of caring for children# at lea$t $i%teen
(&') yea$ olde t(an t(e adoptee, and who is in a position to support and care for his
children in keeping with the means of the family.
The requirement of a 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
adoptees parent;
T(e g"adian )it( e$pect to t(e )ad after the termination of the guardianship and
clearance of his financial accountabilities.
NOTE: Husband and wife shall jointly adopt, except in the following cases:
!i" if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or
!ii" if one spouse seeks to adopt his own illegitimate child# $rovided, however, That the
other spouse has signified his consent thereto; or
!iii" if the spouses are legally separated from each other.
%n case husband and wife &ointly adopt or one spouse adopts the illegitimate child of the
other, &oint parental authority shall be e'ercised by the spouses
WHO MAY *+ ADOPT+D, (LOCAL)
(ny person below eighteen !1)" years of age who has been voluntarily committed to the
*epartment under (rticles 1+,, 1++ and 1+6 of $.*. -o. 6./ or &udicially declared
available for adoption
The legitimate child of one spouse, by the other spouse;
(n illegitimate child, by a qualified adopter to raise the status of the former to that of
legitimacy;
( person of legal age regardless of civil status, if, prior to the adoption, said person has
been consistently considered and treated by the adopters as their own child since
minority;
( child whose adoption has been previously rescinded; or
( child whose biological or adoptive parents have died# $rovided, That no proceedings
shall be initiated within si' !6" months from the time of death of said parents.
( child not otherwise disqualified by law or these rules.
-+./+ . 0 1amily 2ourt of the province or city where the prospective adoptive parents reside
CO.T+.T0 OF TH+ P+T1T1O.,
-eified Petition must state at the heading of the initiatory pleading whether the petition
contains an application for change of name, rectification of simulated birth, voluntary or
involuntary commitment of children, or declaration of child as abandoned, dependent or
neglected.
The &urisdictional facts;
The first name, surname or names, age and residence of the adoptee as shown by his
record of birth, baptismal or foundling certificate and school records.
That the adoptee is not disqualified by law to be adopted.
The probable value and character of the estate of the adoptee.
The first name, surname or names by which the adoptee is to be known and registered in
the 2ivil 3egistry.
A cetificate of non2fo"! $(opping
That the petitione i$ of legal age, in possession of full civil capacity and legal rights; is
of good moral character; has not been convicted of any crime involving !oal
t"pit"de; is emotionally and psychologically capable of caring for children;
is at lea$t $i%teen (&') yea$ olde t(an t(e adoptee, unless the adopter is the biological
parent of the adoptee or is the spouse of the adoptees parent;
and i$ in a po$ition to $"ppot and cae fo (i$ c(ilden in 3eeping )it( t(e !ean$ of
t(e fa!ily
and has "ndegone pe2adoption $evice$ as required by 4ection , of 3epublic (ct -o.
)++5.
ADD1T1O.AL CO.T+.T4
1f t(e adopte i$ t(e legal g"adian - guardianship had been terminated and the guardian had
cleared his financial accountabilities
1f t(e adopte i$ !aied 2 the spouse shall be a co-petitioner e'cept#
one spouse seeks to adopt the legitimate child of the other
if one spouse seeks to adopt his own illegitimate child and the other spouse
signified written consent thereto, or
if the spouses are legally separated from each other.
1f t(e adoptee i$ a fo"ndling 5 state name of child, date of birth, place of birth, if known; se',
name and citi6enship of adoptive mother and father, and the date and place of their marriage.
The facts showing that the child is a foundling, abandoned, dependent or neglected
The names of the parents, if known, and their residence. %f the child has no known or
living parents, then the name and residence of the guardian, if any;
The name of the duly licensed child-placement agency or individual under whose care the
child is in custody
That the *epartment, child-placement or child-caring agency is authori6ed to give its
consent.
1f t(e petition pay$ fo a c(ange of na!e - state the cause or reason.
2($T%7- or T%T89 must contain#
The registered name of the child;
(liases or other names by which the child has been known; and
The full name by which the child is to be known.
A..+6+0 (LOCAL)
(, *it(# bapti$!al o fo"ndling cetificate, as the case may be, and school records
showing the name, age and residence of the adoptee;
:. Affidavit of con$ent of the following#
T(e adoptee, if ten !1." years or older
T(e biological paent$ of t(e c(ild, if known, or the legal guardian, or
the child-placement agency, child-caring agency, or the proper
government instrumentality which has legal custody of the child;
T(e legiti!ate and adopted c(ilden of t(e adopte and of t(e
adoptee, if ten !1." years or older;
T(e illegiti!ate c(ilden of t(e adopte living with him who are ten !1."
years or older
T(e $po"$e, if any, of the adopter or adoptee.
2. C(ild $t"dy epot on the adoptee and his biological parents; see note below
*. Ho!e $t"dy epot on t(e adopte$ see note below
9. Decee of ann"l!ent# n"llity o legal $epaation of t(e adopte a$ )ell a$ t(at of
t(e biological paent$ of t(e adoptee, if any.
NOTE: for CH!" #T$"% &E'O&T O& HO(E #T$"% &E'O&T )#ec *+ of &ules of ,doption-
!+" ;The 27<3T shall issue= a directive to the social worker of the court, the social
service office of the local government unit or any child-placing or child-caring agency, or
the *epartment to prepare and submit c(ild and (o!e $t"dy reports before the hearing if
$"c( epot$ (ad not been attac(ed to t(e petition d"e to "navailability at t(e ti!e
of t(e filing of t(e latte7 and
!6" a directive to the social worker of the court to conduct counseling sessions with the
biological parents on the matter of adoption of the adoptee and submit her report before
the date of hearing.
PO001*L+ ADD1T1O.AL A..+6+0 (D0WD (ttp488adoption,d$)d,gov,p(89page:id;<= )
>arriage 2ontract or *ivorce, (nnulment, *eclaration of -ullity, or 8egal 4eparation
documents;
$hysical and medical evaluation by a duly licensed physician and when appropriate,
psychological evaluation;
-:%?$olice 2learance 0
8atest income ta' return or any other documents showing financial capability, e.g.
2ertificate of 9mployment, :ank 2ertificate or 4tatement of (ssets and 8iabilities;
2haracter references
/@+ si6ed pictures of the applicant!s" and his?her immediate family taken within the last
three !/" months;
2ertificate of attendance to pre-adoption fora or seminars.