Civil Law and Land Titles and Deeds › Family Relations (EO 209, as amended) › Family Relations › Adoption and Care of Children › Domestic Administrative Adoption (RA 11642)

ii. Who may be Adopted

Who may be adopted: (BAILORP)

  • A child below eighteen (18) years of age who has been issued a Certificate Declaring a Child Legally Available for Adoption (CDCLAA) under R.A. 11642
  • Under R.A. 11642, a child includes a person below eighteen (18) years of age or a person eighteen (18) years of age or over who is unable to fully care for or protect him/herself because of a physical or mental disability or condition
  • Illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy
  • Legitimate son/daughter of one spouse by the other spouse
  • Person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter as his/her Own child since minority;
  • Child whose adoption has been previously Rescinded
  • Child whose biological or adoptive Parents have died provided that no proceedings shall be initiated within 6 months from the time of death of said parents.

NOTE: For purposes of the adoption law, a child includes a person below eighteen (18) years of age or a person over eighteen (18) years of age who is unable to fully care for or protect him/herself because of a physical or mental disability or condition.

Qualifications and Disqualifications of Adopted

Who may be adopted: Only a legally free child may be the subject of inter-country adoption

Legally-free child - a child declared legally available for adoption through a Certificate Declaring a Child Legally Available for Adoption (CDCLAA) under RA 11642, subject to the law’s inter-country adoption requirements

  • No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally.

Authorities

  • Child and Youth Welfare Code
  • R.A. 9523