22/05/2026
Is the adopter’s children’s consent still required under the new law?
While the ruling still referenced the Domestic Adoption Act of 1998 (R.A. 8552), the Supreme Court (SC) also noted the enactment of the Domestic Administrative Adoption and Alternative Child Care Act (R.A. 11642), which effectively repealed the former and amended related adoption laws, including R.A. 8043, R.A. 11222, and R.A. 10165.
One of the salient features of R.A. 11642 is the creation of the National Authority for Child Care (NACC), an agency attached to the Department of Social Welfare and Development (DSWD).
The NACC now exercises original and exclusive jurisdiction over matters involving alternative child care, including declarations that a child is legally available for adoption, domestic administrative adoption, adult adoption, and foster care under R.A. 10165, among others.
As a result, domestic adoption in the Philippines has transitioned from a lengthy judicial proceeding into a more streamlined and predominantly administrative process.
On the matter of consent, Article 23(c) of R.A. 11642 continues to require the written consent of the adopter’s legitimate and adopted children who are at least ten (10) years old, if any.
Likewise, Article 23(d) requires the written consent of the adopter’s illegitimate children who are at least ten (10) years old, provided that they live with the adopter or are under the adopter’s parental authority, as well as the consent of their spouse, if any.
Children below ten (10) years old, however, are only required to be counseled and consulted, and are not required to execute written consent.
If you need legal assistance with domestic adoption in the Philippines, you may contact our family lawyers at [email protected].