Dear Atty. Chris,

I am Ralph. I am 42 years old, and I am single. I have a 16-year-old nephew whom I like to adopt. His parents (my sister and his husband) died in a car crash nine years ago, and now I have finally decided to legally adopt him. My brother-in-law’s family gave us consent since they’re in the province. 

What can I do to proceed with the adoption? Thank you.

Ralph

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Dear Ralph,

A child whose biological parents have died may be adopted. But the adoption proceedings shall not be initiated within six months from the time of death of said parents Section 5 (6) of the Rules of Domestic Adoption.

Since the parents died nine years ago, you can proceed with your adoption.

However, there are certain requirements to meet when adopting. You must show that you are: (1) a Filipino citizen, (2) of legal age, (3) in possession of full civil capacity and legal rights, (4) of good moral character, (5) not convicted of any crime involving moral turpitude; (6) emotionally and psychologically capable of caring for the child, (7) at least 16 years older than the adoptee, and (8) in a position to support and care for the child in keeping with the means of the family.

In addition, a petition for the adoption must be filed with the Family Court of the Province or City where the prospective adoptive parent/s resides. 

Apart from the sufficiency of the form and substance of the petition, the adoptee and adopter must undergo a child and home study report to determine whether they can establish a psychological and emotional attachment with each other. You may visit the nearest Department of Social Welfare and Development office to you for this purpose.

If these requirements have been complied with and the adoption proves to be in the best interest of the child, the court will issue the appropriate decree of adoption.

Hope this helps.

Atty. Christoffer Allan A. Liquigan