Question & AnswerQ&A (EXECUTIVE ORDER NO. 91)
Any person of legal age and in full possession of civil rights who can support and care for their own legitimate or illegitimate children according to their means may adopt.
An alien not permanently residing in the Philippines must have resided in the country for at least one year immediately preceding the filing of the petition for adoption, must reside in the Philippines for the duration of the trial custody period, and comply with rules by the Council for the Welfare of Children.
Yes, these requirements may be reduced or waived by the court if the adopter and the child are related by blood or affinity.
The adopter must be at least fifteen years older than the person to be adopted.
Persons who may not adopt include married individuals without spouse's written consent, guardians prior to final approval of accounts, those convicted of crimes involving moral turpitude, aliens disqualified under their own country's laws or from countries with broken diplomatic relations with the Philippines, and aliens whose countries lack agencies for professional evaluation and post-placement services.
Yes, husband and wife may jointly adopt, exercising parental authority as if the child were their own. Both must jointly adopt if one spouse is an alien.
Written consent is required from the person to be adopted if 14 years or older, the natural parents or legal guardian after counseling, the Ministry of Social Services and Development or a licensed child-placement agency, and the natural children 14 years and above of the adopting parents.
The MSSD must conduct a case study on the child, natural parents, and prospective adoptive parents and submit a report with recommendations to the court for the adoption petition to be granted.
A supervised trial custody period of at least six months must be granted by the court to allow assessment of adjustment and emotional readiness before final adoption is granted, during which parental authority is vested in the adopting parents.
Yes, the court may reduce or dispense with the trial custody period if it is in the best interest of the child and must state the reasons for doing so.
Yes, except in cases where the court dispenses with the requirement under specified conditions in the law, to ensure the child's adjustment to a new family and culture.