Adoption of biological child

Dear Atty. Angela,

I am married to a Japanese, but I have a son with my ex-boyfriend who abandoned us when I was still pregnant. My husband and I would like to adopt my son to give him a legitimate status. May we know the specific requirements to do this, considering that my husband is a foreigner?

Mary Joy

Dear Mary Joy,

Section 7 (b), Article III, of Republic Act 8552, the Domestic Adoption Act of 1998, provides:

“SEC. 7. Who May Adopt. — The following may adopt: (b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided, further, That the requirements on residency and certification of the alien’s qualification to adopt in his/her country may be waived for the following:”

“(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or (ii) one who seeks to adopt the legitimate son/daughter of his/ her Filipino spouse; or (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouses.”

In view of this, you and your husband may legally adopt your biological son. Your Japanese husband is exempt from the residency and [the] certification of the alien’s qualification to adopt in his country is deemed waived since the child is your wife’s biological son. In addition to the foregoing, in the case of In re Bulayo, G.R. 205752 (1 October 2019), the Court enumerated the documents to be presented to support their petition for adoption, namely; (1) the marriage contract of the petitioners; (2) the permanent registration in Japan of foreign husband; (3) the medical certificates issued to the petitioners; (4) the neuro-psychological reports for the petitioners; (5) the certificates of attendance in adoption orientation conducted by Department of Social Welfare and Development (DSWD); (6) the NBI clearances issued to the petitioners; (7) the police clearances of the petitioners; (8) the Prosecutor’s clearances issued to the petitioners; (9) the court clearances of the petitioners; (10) the income tax return of foreign husband; and (11) the certificate of employment of foreign husband.

I hope this helps.