Adoption process

Dear Atty. Peachy,

My husband and I have been married for seven years, and although we have often discussed the possibility of starting a family, we have not been able to do so yet. Recently, my sister, who has several children, reached out to us for help. She is struggling to care for her youngest son, who is six years old. Her situation has become increasingly difficult, and she believes her son would be better off with us.

After much heartfelt discussion, my sister decided to entrust her son, John, into our care. It has been a couple of months since we welcomed John into our home, and he has begun to thrive in the loving environment we have created for him. We all agreed that adopting him would be the best course of action, allowing him to have a stable family life, especially as my sister can no longer provide the care he needs.

However, I am not entirely sure about the legal procedures I need to follow to formally adopt John. First and foremost, are my husband and I eligible to adopt John? What steps must we take to ensure that the adoption is legal? What rights does John have, and what responsibilities will we have as his adoptive parents under Philippine law?

Thank you for your assistance. We just want to ensure John’s future is secure.

Sophia

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Dear Sophia,

Thank you for sharing your story and reaching out for advice regarding the adoption process in the Philippines. It is truly touching to see your commitment to providing a loving home for John. The journey to adoption is a meaningful one that can solidify your family bonds and secure a bright future for your nephew.

In the Philippines, the process of adoption is primarily governed by Republic Act 8552 or the “Domestic Adoption Act.” Under the law, you and your husband can adopt John if you meet the age requirement of at least 27 years old. As his aunt, you meet the relationship criteria, which allows relatives within the fourth degree of consanguinity or affinity to adopt. The law supports this kind of adoption because it recognizes the family bond you share, which makes you suitable for adopting John. Here’s a step-by-step approach you could consider as you navigate this journey:

1. Consent from Biological Parents: Your sister, as John’s biological mother, and John’s biological father, if his parental rights have not been terminated and he is listed on the birth certificate, must provide their consent to the adoption.

2. Home Study Report: A licensed social worker will need to conduct a home study. This involves assessing your home environment, interview sessions and evaluations to ensure you provide a nurturing atmosphere for John. The report prepared by the social worker will be pivotal for your petition for adoption.

3. Filing a Petition for Adoption: After obtaining the home study report and the necessary consent, you must file a petition for adoption in the Regional Trial Court where you reside. The petition will need to include: (1) a copy of the home study, (2) John’s birth certificate, along with the consent of his biological mother and father, as the case may be and (3) any other documents the court might require.

4. Court Hearing: Once the petition is filed, the court will set a date for the hearing. During this session, the judge will review your case, and may ask questions about your readiness and suitability to adopt John. Be prepared to answer queries about the environment you provide and your plans after the adoption.

5. Issuance of Final Decree of Adoption: If the court finds that all the requirements have been met and everything is in order, it will issue a Final Decree of Adoption. At this point, John will be legally recognized as your son, and his birth certificate can be amended to reflect this change.

Once you adopt John, he will enjoy all the rights associated with being your legal child, including the right to inheritance and access to family benefits. Similarly, you and your husband will take on the full responsibilities of parenting — nurturing, educating and providing for his emotional and physical well-being.

The entire process can take several months to over a year, depending on the court’s schedule and any specific circumstances of your case.

Best wishes as you formally welcome John into your family.

Atty. Peachy Selda-Gregorio