Adopting a Single Mother’s Illegitimate Child
We get asked questions about adoption and this scenario is one that comes up from time to time:
1. If a single mother marries someone, can her husband then adopt her child?
2. In the case of an illegitimate child, do you need the biological father to consent to the adoption of his child?
3. What if the biological father refuses to give consent to the adoption or if he cannot be found to give consent?
Contents
If a single mother marries someone, can her husband then adopt her child?
In the case of an illegitimate child, do you need the biological father to consent to the adoption of his child?
Yes. Yes, you do. The Domestic Adoption Act of the Philippines clearly says that the consent of the biological parents, if known, is necessary.[1]
The biological father’s consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.
The rationale is that the natural right of a parent to his child requires that his consent must be obtained before his parental rights and duties are terminated as to him and re-established in the adoptive parent.[2]
This requirement of the father’s consent is often a stumbling block if the mother marries another man who then wants to adopt her child.
For the husband to adopt the child, the biological father has to agree in writing.
[1] Section 9, Republic Act No. 8552.
[2] Diwata Ramos Landingin vs. Republic of The Philippines, G.R. No. 164948, June 27, 2006.
What if the biological father refuses to give consent to the adoption or if he cannot be found to give consent?
If the father refuses or is unavailable, then this can block the adoption. But there are ways around this.
The law allows exceptions to the requirement. If the written consent of the biological parent cannot be obtained, that of the legal guardian of the minors can suffice if it is alleged and shown that the parent had abandoned the child.
You must prove in court that there was abandonment by the biological parent.
Abandonment here refers to “conduct of the parent which evinces a settled purpose to forego all parental duties and relinquish all parental claims to the child.”[1]
It means neglect or refusal to perform the obligations of care and support which parents owe their children. Abandonment is determined on a case to case basis.
Abandonment is not to be ascribed lightly because the Supreme Court has ruled that a parent’s physical estrangement alone, without financial and moral desertion, is not abandonment.
There should be proof that the father had so emotionally abandoned his children that they would not miss his guidance and counsel if they were given to adopting parents.
In one case, the Supreme Court reversed a trial court’s ruling of abandonment. Although a father had long been physically absent, that father had continued to communicate with and support the children – even if the amount the father could provide was not as much as what they might enjoy from the wealthier adoptive parents.
The Supreme Court ruled that the discretion to approve adoption proceedings is not anchored solely on best interests of the child but likewise, with due regard to the natural rights of the parents over the child. The Supreme Court reversed the adoption granted by the trial court.[2]
There may also be other ways through which a biological parent’s consent to his or her child’s adoption can be dispensed with. This can be if the biological parent has been permanently deprived of parental rights by a judgment of the court. The court can make such a ruling in certain cases, among them, unfortunately, in the case of serious child abuse beyond even abandonment.
Parenthood is not easy. It is also incredibly important. This is true on many levels. To become a parent through legal adoption is no less weighty than it is for a biological parent to lose parental rights in the same process.
The answer is up to them and to their own answer to the question – even before the court makes its judgment –
What do they think is best for the child’s future?
[1] Herbert Cang vs. Court of Appeals and Spouses Ronald V. Clavano and Maria Clara Clavano, G.R. No. 105308, September 25, 1998, citing Duncan v. CFI of Rizal, L-30576, February 10, 1976, 69 SCRA 298; Santos v. Aranzanso, 123 Phil. 160 (1966).
[2] Herbert Cang vs. Court of Appeals and Spouses Ronald V. Clavano and Maria Clara Clavano, supra.
Hi,
I used to be a single mom, no father was declared on my daughter’s bcert. Now, my partner wanted to adopt my daughter and give her his surname, what would be the process for this? Thank you so much.
Go to the local office of the DSWD to begin the process.
The law has been changed so that this is now an administrative process begun at the DSWD rather than a court process.
Dear Sir,
How recently was the law changed, and where can I read the current law
Salamat po
Carlo
Republic Act No. 11642, January 6, 2022
may anak din po ako sa una kong live in partner pero hndi nya po pinirmahan ung birthcertificate ng anak nmin kaya nung inayos ko ang birthcertificate ng anak nmin lateregistered nsya pero sakin napo naka aplido at wla syang middle name, noon pong 2019 nagpaksal po ako sa asawa ko ngaun at gusto po sana nmin na maisunod ndin sa asawa ko ang aplido ng anak ko. paanu po ang gagawin ko. salamat po sa sagot
Either get the consent of the biological father or have the DSWD declare that he has abandoned the child so that they allow your husband to adopt.
I?m a single mom, soon the be married and my fiance wants to adopt my child
Which is easier for the court?s approval for adoption?
Get the biological father?s approval or prove abandonment? Clearly my child was abandoned
The adoption process is now before the DSWD rather than the court because the law has changed. You may want to speak about this with the DSWD case officer at their local office.
Thank you for your advise
Goof morning. Hello po atty. I have a big problem need some help.I have a child who’s 4yrs old now and got pregnant accidentally and unplanned, since then i don’t have any connection to the father of my child. And now I am married to my husband (foreign national) and he became a father to my child a few months after he was born. We just got married actually, and now my husband wants to change my son’s last name (we also have our own child now) so then we didn’t know that we need to file for adoption. We thought that once we got married we can change the surname and get legitimate. I already asked for some assistance to file a paternity acknowledgement and legitimation (no result yet from the assistance)tho we just find out that its not the right way, is it possible we can pull out that petition and file for adoption? How long it takes to get approve by the court ? And how much it cost for adoption? Thank yoi and looking forward for your kind response.
It is no longer a court process adoption is not filed through the local DSWD office or through the National Authority for Child Care. (https://www.icab.gov.ph/)
You should go directly to them immediately on whether and how to pull it out the earlier petition.
Good day,
Hello i had a daughter before i got married. She was under my surname and her father’s name is not on her birth certificate. I am now married for almost a year to my US citizen husband and he wants to adopt my daughter. Can you pls help me what first thing we need to do and where we should first go and what is the process. Would deeply appreciate your help. Thank you
This depends on where you reside. If you are in the Philippines, you should go to the local office of the Department of Social Welfare and Development as they will guide you through this process. The law on domestic adoption has been changed in the past year so that it no longer requires a court case.
If you and the child reside abroad, the child can be adopted in that country and the foreign adoption can be recognized in the Philippines through a court case.
Hello, I just have a question, I am marrying a single father, and I am decided to adopt his son legally so he can be entitled for the benefits of my insurances and other. The biological mother gave up her responsibility to the child and went to somewhere that we didn’t know where. We still have an active communication with her and she agrees with our plan where we think that it is actually the best for the child. What are the processes we need to undergo and how long will this take?
The law on adoption has changed so that this no longer requires a court case. Instead, you can begin the process by going to the local DSWD office of your city or municipality.
Hi, I have a son who’s 14yrs old. I had him when I was still a minor, I was never married to the father, and the father’s name was omitted from the birth certificate. Does this mean I have sole legal custody of my son? And that the father has no rights whatsoever on my child? though he has been providing financial support for my son.
I was wondering if my now husband can simply claim him as his own child by just signing an acknowledgement of paternity, though he is not the biological father?
I’m afraid we cannot recommend this. That would open you both to a complaint of falsification of public documents by the biological father.
Sir I see mention of:
“This will only be possible if you and he marry and he either adopts the child under his own country’s law or under the laws of the Philippines”.
——————
An unmarried single mother and I are friends and her child was born out of wedlock and considering marriage. Being a US citizen and the laws vary by country and maybe by state how are the US laws on adoption different than Filipino laws?
Since it was mentioned that it could be an either “or” (adopts child under his own country’s law “or” the laws of the Philippines) what determines which set of laws can apply to our plans?
Are the adoption laws in The Philippines legally respected and accept by US adoption processes?
Thank you.
We cannot speak for US law and these vary from state to state.
Hi,
I’m in the same situation than most of people writing, I wish you all to find solutions.
My wife is here in france with me and her daughter that I consider as mine. (They have a one year visa until next july)
The dad would be ok for an adoption, but I was wondering how to do since we are in France, is it possible to do this kind of procedure form here?
It’s confusing and I hope you can help me.
Thank you for your time, have a nice day.
A foreign adoption can be recognized in the Philippines provided that it was valid in the foreign country.
Good day!
I was a single mother from the moment my son’s father learned about my pregnancy. He directly told me that he didn’t want anything to with me and my child. I raised my son alone but his father’s family has had the chance to form a relationship with my son. Unfortunately, his father stayed out of his life for years until recently. They do not play an active role in my son’s life although they occasionally give him money (5h-1k on special occasions only e.g. birthday.) Their presence in my son’s life can be considered almost nonexistent. His father’s name was not put in the birth certificate since at that time, he explicitly said that he don’t want anything to do with the child and he hasn’t filed acknowledgement of paternity.
I married my long time partner, who was more present in my son’s life than his own father, last 2019 and we would like to file a petition of adoption so that he will not feel excluded in our growing family. My husband is the primary provider for my son’s needs and is the one taking care of him and my son, turning 13yo this January, has expressed his desire to be adopted even if I had not initiated the discussion of the matter with him since I was waiting for readiness on his part. Can we file for adoption without getting his biological father’s consent? What are the steps we need to take? i hope you can advise us.
Thank you!
You need his consent unless you can prove abandonment. The domestic adoption process is now done through the local offices of the DSWD rather than through court.
Is there a standard written consent of the biological father to be submitted?
It would be best that it should at the very least be notarized and be clear and explicit about his understanding of the effect of adoption.
Hi! I was a solo parent for 13yrs before I got married to my husband. Now he wants to adopt my daughter, so we will all share the same last name and so she can also enjoy the benefits of a legitimate daughter like free health insurance, etc. He has stood as her dad ever since we were in a relationship until this very day. I have spoken with her biological father about our plans for adoption and he’s okay with it. My questions are, how can we get the process started? How much is the projected cost of the entire process and how long is the estimated time before we can get everything finalized? Thank you so much!
* Daughter has his last name but no support (in any aspect) from him since.
The law has been changed to make the process administrative rather than in court. You should go to the DSWD office of your city or municipality to begin it.
Hi! I was a solo parent for 13yrs before I got married to my husband. Now he wants to adopt my daughter, so we will all share the same last name and so she can also enjoy the benefits of a legitimate daughter like free health insurance, etc. He has stood as her dad ever since we were in a relationship until this very day. I have spoken with her biological father about our plans for adoption and he’s okay with it. My questions are, how can we get the process started? How much is the projected cost of the entire process and how long is the estimated time before we can get everything finalized? Thank you so much!
This should be brought to the local office of the DSWD to begin the process because the recent change of the law has made it that so this no longer requires a court case.
My fiancee “V” has two daughters but has never married. The daughters “S” is 10, “N” is now 14. “N” had a baby “J” when she was 12. For me to bring them to the US and marry “V” is the goal, but there is no provision for a grand-child in US Immigration law. What we would like to do is have “V” adopt her grand son “J” so that there is one less generation and then she has two daughters and a son. It will not change the family dynamics, as “V” is the primary care giver for “J”: “N” is still in school, and the only working person is “V”.
“J”‘s father has made threats against “V”, “N: and “J”, openly commenting about how they could die. I worry about their safety and think this may need to start with an order for him to stay away from the family. He is not providing any support for his child.
The consent of both biological parents would be required for this. The process can be begun by V going to the local office of the Department of Social Welfare and Development (DSWD).
Hi Atty. I am willing to adopt my wife’s son. Her son was born without the biological father since then, furthermore, the biological fathers name was not written in her son’s birth certificate and it is remained blank. The biological father also never shows since then and no support what’s so ever since the child was born. The father is still alive and my question is do we still need his consent for adoption?
His consent is necessary unless you can show there was abandonment. Discuss this with the DSWD before and while they make their case study report.
Hi, Attorney! When my son was born, I didn’t receive any monetary support from the biological father. He wasn’t present ever since. In addition, we haven’t communicated since 2012. I have no idea about his address and if he is still alive. In the birth certificate, my son is using my family name, no middle name, and my Father’s Name is blank. My partner and I are planning to get married. He is acting as the father and my son adores him! If that’s the case, Do we still need the approval of my son’s biological father?
Yes, unless you can prove abandonment. You should discuss this with the local office of the DSWD because adoption cases are now initiated through them.
Hello,
I was a battered live in partner of the father of my daughter-10 yearsold. A case was filed but last time I know, it is already atlarge. I am now living with my fiance for 5 years now and he wants to adopt my child. What documents are needed to pursue this? Where can we download the documents and do we need to hire an attorney or can it be done by just ourselves? Do we still need the consent of the father of my child?
Considering the circumstances, you should probably at least consult with a lawyer to clarify the requirements for your particular case.
Good afternoon. I’ve been married since 2019, and now my husband wants to adopt my son now 14 years old son from a previous partner (not married). My son carries the surname of his biological father, but this man has never exerted any effort to fulfill his obligations to his son may it physically, emotionaly and financially. I have never received a single cent as support from him. Can you help me with this? How much would it cost me, how long is the process, what do i need to do, and how much is the attorney’s fees for this.
Thank you.
We will be happy to. Will send you an email.
It cost nothing. No lawyer needed. Go to your DSWD office and they will help you like their helping me presently.
This is partly true. There are necessarily costs in the adoption process, not least making sure that the child is provided for, but the amendment of the law on domestic adoption does mean that it is now generally processed at the Department of Social Welfare and Development.
I found it quiet interesting, hopefully you will keep posting such type of nice blogs .Keep sharing. thanks.
Hello,
I have a question.. Both my partner and I are Filipinos.. She had a child who is now 12 years old from her first relationship — they were never married and the child does not have a father on the birth certificate..
She was married to the father of her second child but they are no longer together anymore as the husband left them — the second child is using the husband’s surname — however the older child is using her mother’s surname.
She is currently in the process of properly breaking off the marriage via divorce or whatever law there is so that we can official be marrried — however this will take a long time as the laws in the Philippines do not accommodate this.
My question is — how can I adopt her older child? Is it even possible without us marrying first? Is there some way as we want the older child to use my surname and have all the benefits under my name.
Thank you!
You would need to marry before you can adopt her child.
Hi Sir, I have a son who uses his biological father’s last name. I now have a fiancee who wants to adopt him after we get married. The biological father has never communicated nor given financial/moral/emotional support to the child. Can we proceed with the adoption without his consent? If ever he declines the adoption, can I file a lawsuit against him for not supporting the child? I would need a back up plan in case he is against the adoption. I am sure that he wont be able to face the consequences if I file a lawsuit against him so is it a good Plan B for me? Thank you. Please do not publish my name or email.
You can ask the adoption office that he be declared to have abandoned the child. Note that there is a new law for adoption so that it is now an administrative adoption proceeding that no longer need be filed in court. You should contact the DSWD of your locality.
Hi atty, just looking for some advice. I have a fiance and planning to get married this yr and he also wants to adopt my daughter (9yrs old). My child uses his father’s surname. My ex boyfriend already have a family. Is it possible if my fiance wants to adopt my child without the consent of her father. He’s not supporting my daughter we live in the same city but he’s not even visiting our daughter and not even supporting her. That’s why my fiance wants to adopt my child to be his own and be the real father for her. What should we do atty. If he decline to give the consent. Can you please give us some advice. Thank you in advance. Please do not post my name and email thank you
A declaration of abandonment by the biological parent would have to be made by the court in the course of the adoption process. With the passage of the Administrative Adoption Act, the process is no longer in court but through the National Authority for Child Care.
I am a single mom with live in partner. My partner wants to adopt my son who is 4 years old now. In his birth certificate there is father’s name filled on it. He was not also know his biological father since birth. No communications & support since then. Please let us know if this is possible. How is the procedure & cost if possible.
This requires you and your partner to be married. The costs may depend on where in the country you reside.
Note that the procedure will be changing soon with the onset of the administrative adoption law, but you and he will still need to be legally married for the adoption to be possible.
How long does it typically take for a step parent to adopt a step child?
The court case may take years. It depends on the court and the circumstances.
Good day,
My wife and I were married for 2 years, she has a son that i want to adopt. Her son was using her last name and the biological father was not written on his birth certificate. Do we still need to get a consent from the biological father before adopting. Thank you
This depends on whether or not there was legal abandonment of the child as defined by Philippine law. If that is unclear, it may be better to obtain the biological father’s consent if practicable.
We would need to know more about the specific situation to speak further.
Hi po. Before I got married to my husband now, I have a 3-yr-old son. Now, my husband wanted to adopt him, however, his biological father who is now in jail, serving a life imprisonment, opposes the adoption. Will the application for adoption of my husband to my son prosper?
Under the circumstances, considering his life imprisonment, it may be possible to effect the adoption even if he opposes it. We will be happy to discuss this with you if you send us an email at admin@lawyerphilippines.org
Hi, my wife had a child(last name under father) and the biological father is deceased when she was still a baby, my now wife and bio father were not married, child is now 13yrs old (she was living with the my wife since birth) and we want to start the adoption process but we are absolutely clueless on where or how to start also the cost for the adoption process scares us. Any help on our first step like can this be done by ourselves or do we need to hire a lawyer and how much do we need to prepare. Does having a deceased biological father make things easier?
You will not need the biological father’s consent under the circumstances.
There is a pending administrative adoption bill in Congress which may make a court adoption process unnecessary, but it has not yet become law.
Hello sir. I want to adopt my wife’s son whose father is unknown. I have been the father figure of my stepson since birth. What are the necessary steps to take in order for my stepson to be legally my son? Will the process be shorter than the normal processing time? Thank you and I look forward to hearing from you.
A court case is necessary for the adoption. We will be happy to help.
Please fill out our complete form for this on https://lawyerphilippines.org
Hi good evening sir
I’m a single mother and I have a foreign boyfriend for almost 5yrs can he adopt my kids and change last name on his ..in my kids birth certificate no father was written and not show up from pregnancy to birth and no any child support.
This will only be possible if you and he marry and he either adopts the child under his own country’s law or under the laws of the Philippines.
Hi, how much will it cost me to process this kind of case? my husband is willing to legally adopt my children. it’s just that my kids carry their biological father’s last name, will that be an issue?
What sort of proof or evidence do I need to prepare to prove that their biological father has abandoned my kids? he does not support and communicates.
Thank you so much.
Their names could be changed to his surname. We would need to know more about your specific situation to speak to it in detail.
Please fill out our form on https://lawyerphilippines.org and we will be happy to discuss this with you.
Hello po. My husband wants to adopt my illegitimate child, he has his biological father’s surname. We have no communication with the father of the said child (we’re not on good terms), no financial support from him since 2018, I’m also the one who paid the hospital bills when I gave birth to the child. When we got separated, he was suicidal, attempted to poison himself by drinking pesticide but saved. He was a bad-tempered guy, that’s why I left him. Is there no need for his consent for the adoption to be successful? Need your advice po. Thank you.
It may be possible without his consent.
Please fill out our form on https://lawyerphilippines.org with the specific details of your situation. We will be happy to get back to you.
Hello, My wife and I got temporarily separated and I had an illegitimate son with another woman, I raised the child while his mother just borrows him whenever she feels like it. But after a few years my wife and I decided to get back together and now my son is 7 years old, now she wants to adopt him to make her legally his mother. And yes the biological mother is still in contact with the child but I don’t want her raising the kid because of her environment and she is very irresponsible. Is there a possibility to adopt the kid without the biological mothers consent?
This would require showing that the mother is unfit and bad for the child. There is a heavy burden of proof for this because Philippine law usually favors the unmarried mother’s custody of a child.
Hi, I have married a filipina, we have been married for 3 years and have a daughter of our own. My wife has a son who is 10 years old. The father abandoned her once he found out she was pregnant and has never been present or given financial aid or support. He is also not on the birth certificate. Will I be able to adopt him?
Yes, most probably. This can be done under the Domestic Adoption Act of the Philippines or the imminent administrative adoption act.
Hi Sir,
Good day!
Me and my fiance are about to get married and she has a son. My fiance broke up with the biological father when she was pregnant because she found out that the guy also had another woman pregnant before her. She is not married with that guy. I want her son to be my legitimate child. By the way sir, my fiance did not declare the name of the biological father in the hospital when she gave birth to the child. She just left it unknown. What would be the process for this situation? Please advise.
Thank you!
Legal adoption would be the correct way forward as described in this and our other articles.
Hello. I just want to ask if how will it cost to adopt my illegitimate child? My youngest daughter has her biological father’s surname and fortunately i’d married with someone else. My husband wants to adopt my child we want her to be same as our surname. Please reply. Thanks.
This depends on a number of things, including your location and the relationship with the biological father.
Please fill out our form on https://lawyerphilippines.org with your facts so that we can speak to your specific situation.
Good day,
I am married in my husband have dual nationlity(bristish and iris nationality).My husband wants to adopt my daughter who is 8 years old now.In his birth certificate there is a fathers sign on it.My daughter have no support or communication since her father go to manila to find a job for 8 years.Please help me if this is possible and what is the procedure.
The procedure is now administrative rather than judicial. It would be good to contact the local office of the DSWD for this.
Hi.
My husband and I are married for 2 years now. He has been wanting to legally adopt my daughter from my previous relationship.
The biological father is willing to give his written consent.
What are the requirements needed for this to push through?
How long is the procedure and how much is the total estimated cost?
Thank you
This would typically follow the rules on domestic adoption. We’ve written on the process here.
We’d need to know more about your circumstances to speak to your specific situation. We will send you an email.
I’m planning to get married and I want to adopt my future stepson, who is 5 years old.
He has no father on his birth certificate, and his biological dad never showed his face since my partner fell pregnant.
I’m a dual Fil/Brit citizen, so I want to adopt the boy under the guidelines set forth by the Hague convention. That way, the boy will be eligible for British citizenship.
What’s the procedure here to carry out an adoption under the Hague convention? We all live in the Philippines.
Thanks for any advice you can give.
If you all live in the Philippines, the adoption is through the domestic adoption process.
You should consult your government or a UK lawyer for its recognition in the UK.
https://www.gov.uk/guidance/adoption-in-the-philippines
Hello,
I am looking to adopt my would-be step daughter who is in her teens. She has been physically estranged from her father for 9 years, but occasionally sends her messages a few times a year. He is terribly narcissistic, and has become possessive of her ever since he found out I am with her mother, who is finalizing a nullity of marriage case with him, based on psychological incapacity. He has no interest in the child except as some sort of object to gain narcissistic supply, and to harass me, her, and her mother. He has also begun sending her money to “love bomb” her, perhaps to gain sympathy from any legal authorities, but that is only a recent thing, borne out of jealously from my presence in her life as a father figure. Before that, he barely had contact, if any, with her and her mother.
He has threatened my life if I tried to “take” his daughter away from him, which is ironic because he had little interest in her until I came into the scene. I am a dual US/PH citizen, and would to know the best adoption options for immigration purposes. So would we still need his permission for an adoption, as given his belligerent and narcissistic nature (confirmed by a psychologist on the nullity case) he is sure to try and block it?
Thanks in advance for your legal advice.
– J
We cannot speak to foreign immigration laws.
As to domestic adoption in cases like this, the biological father’s consent is required unless abandonment is established or he has been legally deprived of parental authority.
I’m planning to get married and I want to adopt my future stepson, who is 5 years old.
He has no father on his birth certificate, and his biological dad never showed his face since my partner fell pregnant.
I’m a dual Fil/Brit citizen, so I want to adopt the boy under the guidelines set forth by the Hague convention. That way, the boy will be eligible for British citizenship.
What’s the procedure here to carry out an adoption under the Hague convention? We all live in the Philippines.
Thanks for any advice you can give.
Hello sir. Good day! My foreigner fiance wants to adopt my illegitimate child.What steps can we do and how much does it cost? The father of my child abondoned him since he was 2 years old. No contact and no any support of financial from his father. I hope you can help us. Thank you!
You would already have to be married for him to adopt your child.
You can find our discussion of domestic adoption here:
https://lawyerphilippines.org/2018/05/25/philippine-adoption-primer-overview-process-costs/
My husband and I were married since June 2019. And we’re discussing that it’s best to adopt my daughter for the future’s sake. Especially the insurance and adding her to the Registry of Clans in Japan so she can get all the benefits of a real daughter. Apparently, my daughter’s surname is under her biological father. I understand that consent is needed to hasten the process of adoption. But the father refuses and yet he hasn’t been supporting her ever since. I raise my daughter by myself and never receive anything from him. He left and married someone and never heard of him. What would be the next step so we can move forward and be able to complete this procedure?
The adoption case in the Philippines will need to allege and prove abandonment by the biological father as explained in this article.
Hello I have been with my filippino woman for 8 years got married last december we have one son together which is 6 years old and is now duel citizen of philippines and australia and also have a stepson from my now wife who is 12 years old i have been with him since he was 4 years old so im basically his father anyway . We plan to move to australia soon so for us the best option is adopting him to make the process easier . Like i said he is basically my son anyway as ive been his father for 8 years and i treat him as if he was my son . The father from japan has not been contactable for over 8 years and stopped paying support about 8 years ago . Is there any advice you can give to help move this forward . Thank you .
We would need more facts about the situation to say.
Will send you an email.
My wife has a daughter from her previous relationship born in 2001. She knows the father but father’s identity on the birth certificate is unknown. When we got married in 2004, I was made to adopt the daughter. I signed the papers together with our marriage contract on the day of our civil marriage. We separated in 2015 but not yet legally nor our marriage has been annulled. I recently came across my stepdaughter’s birth cert recently and it said legitimated by virtue of subsequent marriage of parents. How can I rescind my stepdaughter’s adoption because I felt I was fooled by my wife and her family and that they didn’t follow the adoption process just to fast track it. Thank you.
This is a novel situation. This would require a court case if the facts allow.
hello, sir i have a fiance and wanted to adopt my child but currently due to corona he cannot be present on doing so , also if i need the consent of the biological father it may be denied by him, but i as u said above it may be process if i send proofs of abandoned for almost 2 yrs. ( i hope it is good enough to process). can you please guide me on how to do it . thank you in advanced and supper appreciated for your reply in my email. sincerely.
Hi, Im married to a foreigner and now living outside the Philippines with our kids. My oldest son is a Filipino citizen and staying with us for 5 years now.
My foreign husband wants to adopt my son, his father never supported him financially and net seeing him for 7 years. Do we still need the father’s consent? how can we start the process? Also, please give us an idea how much it will cost.
For domestic adoption, there is a residency requirement which may not be met if you and your husband live outside the Philippines.
It may be more appropriate to adopt your son in the country where you are and then have that adoption judicially recognized in the Philippines.
We have written about this here:
https://lawyerphilippines.org/2021/04/21/is-the-adoption-of-a-filipino-child-in-another-country-recognized-in-the-philippines/
Sir: Good day follow up question here, can my foreigner fiance adopt my 10 year old daughter ?since my daughter birth certificate no father declared no sign from birth certificate and abandon me and my daughter since i am
One month pregnant and no support from him and he never acknowledge us.. And my foreigner fiance wanted to be my child as his child and name after my fiance last name, is it possible? And what are the requirements? Thank you
Yes, but note that there is a residency requirement to adopt under the law. He must have has been living in the Philippines for at least three continuous years prior to the filing of the application for adoption and maintains such residence until the court grants the adoption with finality.
It is possible that the residency requirement may be waived if you and he marry.
Sir: can i declare in the birth certificate of my child the last name of my foreigner fiance since the last name of my child is on me and no father was declared in her birth certificate and my fiance would claim that that is his daughter. Is it possible?
The father can file an affidavit of acknowledgement of paternity with the local civil registry if this is true.
I’m about to get married and my future husband wants to adopt my first born. The father of my first born did not sign my child’s birth certificate and my first born is named after my last name not his. After so many years, the father of my first born is now providing support but only once or twice a year. Do I still have to have his consent for my future husband to adopt my first born even if my first born is named after my last name? Thank you for answering.
It will be easier if there is his consent. Otherwise, the adoption case must establish that he had effectively and legally abandoned his child.
Hi, Im 35 years of age married and my step fathers a senior, can we proceed with the adoption process? We dont have any communication with my biological father.
This may be possible if you have been consistently considered and treated by your stepfather as his own child since your minority.
Good day Sir,
What is the process for adopting an illegitimate child of a single mother who is now married to someone. We are both Filipinos but currently living abroad.
The case should be filed where the adoptive parents reside. This will be difficult if you cannot show residence in the Philippines.
Good day.
My husband wants to adopt my son so he can include my son to his benefits, health coverage, and insurance. I dont have any contact or know the whereabouts of my ex. Is it possible to declare for abandonement? What is the process for it?
The declaration of abandonment will be done during the adoption process itself.
Hi I have a partner and she wants to adopt my son. The biological father of my son is a foreigner and his name was not filled in the birth certificate of my son. Will I still be needing his consent. Thank you
Yes, unless it is alleged and proven that the child was abandoned or abused by the absent parent.
Hi Sir, similar with the question mentioned above, the biological father of my daughter (8yrs old) had never signed the birth certificate also with the absence of financial and physical support since birth, do we still need to ask for his permission to pursue the adoption ? Also may I know how much will it cost to process the adoption ? Thank you so much in advance!
Abandonment by the biological father can be alleged in the petition and proved in court.
As to the other questions, we would need to know more about the facts of the case. We will be happy to respond to specifics through the form on https://lawyerphilippines.org/
Hi im married with my husband and i have a kid prior to my husband. My husband wants to adopt my kid and the biological father will consent. May i ask what are the requirements needed, how long will it take and the cost? Thanks
A court case for adoption is needed. This will require a conference with a lawyer and the preparation of the petition for adoption, as well as the necessary affidavits and other paperwork. The specific requirements and costs depend on the facts of the case.
Will send you an email.
hi sir. my child was late acknowledged by his father. i was the one who processed the acknowledgement or changing of his surname by his father’s surname, due to the reason that the father of my son promised me of a wdding that never happened because i was not aware that he already have another relationship while he was working in another country. my Fiance wants to adopt my son. what can i do? my son is only 4yrs old. thanks for the help
A court adoption case is necessary. The biological father should should consent in writing to the adoption or his abandonment of the child should be proven to the court. It is necessary that you already be married to your fiancé by then.
Will send you an email.
Hi I am married and my husband wants to dopt my 2 sons. My first son has his biological father’s last name but has abandoned him 3 months after I gave birth. What are the requirements and how much would it cost for my husband to adopt my sons?
A court case for adoption is necessary. We would need to know more about the facts of your case, including where the parents and children reside as well as other details to speak to costs.
We will send you an email.
Is this true even if the biological father is aware of the child’s existence but never acknowledged the child, never signed the birth certificate and has zero contact since conception? The child does not have knowledge of his biological father and will not be impacted by this.
Hi Mariel:
In some cases of adoption, you can allege and then prove abandonment so that the adoption can proceed.
Hi, same case above. My son is named after my surname. He even has my middle name. No sign of Father in the birth certificate, my son also does not have knowledge of his biological father. Will this require consent of his biological father if my husband wants to legally adopt my son and how much would it cost me to follow the surname of my husband. Thank you
Abandonment by the biological father can allow adoption by the step-father even without the former’s consent. We will need to know more about the facts of your case to say. Will send you an email.
Hi, my stepfather wants to adopt me and my siblings so we can come with him and our mom abroad. How long and how much will the process be? And is it possible for them to bring us.
We can speak to your situation if we have more specific information.
Please fill out our form for this on https://lawyerphilippines.org
Thank you.
Hi i have a husband recently married he wants to adopt my daughther 13 yrs old. The biological father is not supporting my daugther do i still need his consent.
In general, yes unless you allege and prove abandonment.
Hi my husband will adopt my son and the biological father will give his consent or we can also file as abandonment as it has been 5 years since he left us. Please advise the costs and duration. Thank you
We will need some more information to advise you. Will send you an email.
Hi, I have a 8 years old son in the philippines and im here at canada..me and my ex live together before but we broke up and when we broke up i decided to work in canada and i got married here now my husband wants to adopt my son knowing my ex will not going to give any permission to do so. My son lives in my ex place but his mother is the one who takes care my son since they dont want to get him to my parents even i said that its my right to have my son in my parents side since we are not married I want to do some action how can i get my son to them and my husband wants to adopt him so we can bring him here to have a good future..looking forward for any advise..thank you and be safe
This would be difficult to do without your ex’s consent since he does not appear to have abandoned your son and actually has custody of the child.
You may be best served by amicably working this out with him.
Hello Sir, Me and my fiancee who is a foreigner resident in the US are planning to get married here in the Philippines and he also wants to adopt my kids. I am a single mother never been married, and my kids are using my surname. What are the process of him to adopt my kids once we are married. Im looking forward to hear from you. Thank you!
The process is as described in this article and our other article on domestic adoption.
We will be happy to help you through this process. We can be contacted through our form on https://lawyerphilippines.org
Hi. i am married to my husband since 2017, we wanted my eldest daughter which his step daughter to adopt by him and all of us will be the same last name. he is been his father figure since 2017. his real father didnt support her financially or physically show his parent figure to my daughter since 2015 that we broke up. because i believe if he really wants to do his part as his father he will do his all might to support her at all cost but did not. my husband wants to adopt her soonest, how much it will cost and what are requirements and process to do? please help us. thank you very much.
We will be happy to help you. We will need the specific facts of your situation to do so. Please fill out our form on https://lawyerphilippines.org so that we can respond to your specific situation.
Sir i am sigle mom and i have foriegner fiancy and he want to adopt my daughter…what we need to do?
Adoption is possible but the path you take will depend on the specific facts of your case. I believe I previously sent you an email.
I’ve been married for 2 years to my Filipino wife and I’m wanting to adopt 3 of her illegitimate children and the biological father will consent. I’m just wondering what kind of cost it will be to get the paperwork done and if once they are legally my children can I bring them home to Australia. Thank you
Sent you an email.
Hey Sir, I am a married woman, y husband has a daughter that is 12 years old, her mother is still alive somewhere but she abondoned the child, I’m just worried that what if tomorrow she come to claim her child, I ma not protected by the law as the legal guardian accept that I am married to her Father. Please guide me on how to protect myself in the future and the child if ever the mother come back
You may want to consider adopting the child.
I am married for 2 years with the same nationality (Filipino). My husband wants to adopt my son who is 13 years old now. In his birth certificate there is father’s name filled on it. He was not also acknowledged by his biological father since birth. No communications & support since then. Please let us know if this is possible. How is the procedure & cost if possible.
This will require a court case to for adoption as outlined in this article and also in this.
We would need to know your facts to speak to your specific situation. Will send you an email.
Hi Atty. I am willing to adopt my wife’s son. Her son was born without the biological father since then, furthermore, the biological fathers name was not written in her sons birth certificate and it is remained blank. The biological father also never show since then and no support whats so ever since the child was born. The father is still alive and my question is do we still need his consent for adoption? My wife son is 21yrs old now. If possible also Atty. can you give us an idea how much it would cost because thats one of our problem also we do not have much money for the process until adoption is completed. I hope you couls help us Atty.
This may be possible. We will need more information to say, including the location of the family and other details.
We will be happy to speak to your specific situation if you fill out our form on https://lawyerphilippines.org
Sir.
Am married to a Filipina lady and she had a child while we was together. We have no contact on the biological father of her son. I have been her partner since the birth of her and the her son knows me as the father. I would like to adopt my wife son and I would like some advice on how to go about it. Also is there cost involved on adoption.
Thank you
We will need to know more about the facts to say, including the locations of the parties.
Will send you an email.
I have a fiance and he wants to adopt my illegitimate daughter. How will be the process?
You must first be married before this is possible.
i want to adopt my wifes daughter, but the biological father was written on the birth certificate,
no support and communication on biological father for more than 10 years now.. can i adopt her w/o the consent of the father
Yes, if it can be proved to be a case of abandonment.
I’m a USA resident. I married a Filipina that was pregnant. She’s not sure who the father is due to alcohol consumption. We were married in August 2018, and the baby was born in November 2018. I’m a permanent resident here in the Philippines, and have been taking care of the child since day 1 she was born. What are my options for adoption at this time?
Bring the matter to the local office of the DSWD and process it there. Consider alleging that the biological father is unknown.
Hi, I’m a single mom.and I want to adopt my child alone without a husband for legitimate purpose. Is that possible? Thank you
Yes. If you are in the Philippines, you can do this by going to the local office of the DSWD.
Hlello,
I would like to seek assistance on how we can get the process started. My husband and I want to adopt my illegitimate daughter. How much will it cost us and what paperwork we should prepare. Thanks!
You should visit the local office of the DSWD to begin the process.
Im a single mom and my fiance wants to adopt my 9yr old kid.. we are living together for 4years and my kid also wants him to be her father. Her biological father is not supporting us even way back before.. and i filed a case against him because of hurting me physically. He is atlarged and i still dont know if the case is still on going since it has been 5 years already. Is it possible that even her biological father refuses the adoption, we may still proceed in the adoption process?
Yes, as described in this article. The adoption can be approved even without the biological father’s approval if it is shown that he abandoned the child.
Can I adopt my biological son of legal age? I’m his biological father and my son was registered under his mother .. what I need to do or what are the procedure?
Thank you for your response. Place send me email.
Thank you.
Yes, you can adopt him to raise his status to legitimacy. We would need to know more facts about your case to say. Will send you an email.
sir how much it will we spend for my husband to adopt my son?
Thank you for your question.
The answer depends on a variety of things, including the present relationship with the biological father, whether he would agree to or oppose the adoption, and in which city or province the case should be filed.
We will be happy to speak to your situation if you fill out our full form on https://lawyerphilippines.org
Hi Sir. My husband wants to adopt my 12 Years old daughter. May I know how much is the adoption here in the Philippines?
We would need to know more about the situation to say whether or how adoption can be carried out.
Will send you an email.
Good day Ma’am/Sir,
Good day sir I have a problem about adoption Atty. The father of my son left us when my child is 3 months old, no financial support and he didn’t even visit my son anymore.Then after 1 year I got married and my husband want to adopt my child,then I talked to the DSWD twice they said I need the fathers consent, but in my case I dont know wher the father of my son he is nowhere to be found it means that is abandonment but they didnt listen to me,and I go to the one of lawyer here in our place and I explained them what is my condition and then they give me affidavit of explanation. Is this enough document in dswd and not to find consent of the father anymore. Thank you Attorney. I am hoping for your response. God bless.
The DSWD will make a case study and it should be enough if they make a factual finding that there was indeed abandonment.
My husband wants to adopt my daughter as we just got married, since my daughter was born she was abandoned by his father and she is an illigitimate child, is it possible if my husband can file an adoption and how long it will take? And how much it will cost,
Thankyou!
Yes, this is possible as discussed in the article. The local office of the DSWD now handles these processes unless the parties are overseas.
Hi Sir. I would like to adopt the illegitimate 6 yr old daugher of my wife. The biological father is malaysian but is not written in the birth certificate. He has a family un malaysia.He sometmes send money for his daughter. Do I still need his consent to adopt his dauther?
Yes, the biological father’s consent is generally necessary unless a case can be made for abandonment.
What is the requirement for foreigner to adopt my son ? I am married to foreigner, he wants to adopt my son! And the real father of my son’s passed away recently!
We would file a court case to do so if the requirements are met.
We will be happy to address your specific circumstances if you fill out our form on https://lawyerphilippines.org/
Please choose the tab Adoption, describe the circumstances and we will write back to you in email.
hello sir, my fiancee would like to adopt my child as soon as we get married. my child is not recognized by the biological father anf his name was not in the birth certificate. no supporf coming from the biogical father. is it still necessary to get an approval letter from the biological father? thank you
It is easier if there is written consent by the father, but it is possible to accomplish the adoption without it.
Can I adopt my Philippine girlfriends daughter? She is just 4 year old..
A husband can adopt his wife’s child as outlined in this article.
My partner has 2 children, her first born daughter is from her first relationship, the father ever since then has abandoned the child. However my partner got married with to the father of her second born son, but they have long since separated. Right now we are working on getting them annulled so that we can possibly get married.
However this is my question, in the case of her first born daughter, am I allowed to adopt her even though we are not yet married?
Its a little bit complicated since even with the annulment we are not sure how it will go, but they have had no communications for 7 years now.
We want it so that her daughter can be adopted by me, so that she can also gain the benefits of having me as her adoptive parent. Is there a possibility for this?
Yes, but this can only be done after the annulment is finalized and you and she are married.
Hi Sir,
I have been married for 4 years, and I would like to adopt my wifes son in the Philippines. His father hasn’t been in the picture up until he turned 8 only through facebook messenger. Is it possible to adopt without his consent or if i do get gis blessing in written form. What are the next steps? Me and my wife and his two brothers are currently in Japan and I would like to bring him here. Please advise what is the next steps to take? How long does the process take.
Domestic adoption presently requires the adoptive parents to have residence in the Philippines. You may consider your wife bringing him to Japan under her auspices.
Note that a foreign adoption can be recognized in the Philippines.
It would be good to secure the biological father’s consent in any case.
My child is 5 years old and the father has not been present nor responsible enough to at least acknowledge the child. Since finding out my pregnancy he just disappeared to thin air. I then got married a couple of years ago ang my husband has been the one who raised the child with me. My husband and I are very much willing to get the child adopted by him. Appreciate if you could please let me know how are your fees should I get you to represent me and what are the other related costs.
We will be happy to help you with this.
We would need more information such as the city or municipality where the spouses reside. We can address your specific situation if you please fill out our form on https://lawyerphilippines.org
Hi good evening sir
I’m a single mother and I have a foreign boyfriend for almost 5yrs can he adopt my kids and change last name on his ..in my kids birth certificate no father was written and not show up from pregnancy to birth and no any child support.
You have to be married for him to adopt your children.
I’m a singlemom, my son’s biological father is not listed in the birthcertificate, didnt supported eversince. My fiance is planning to adopt my son. What can we do to make the adoption process fast? What steps do we take to start with the adoption process? Do we still need consent of the biological dad to process the adoption?
His consent would be ideal. Otherwise, abandonment would have to be proved in the court adoption process.
Note that you and the adoptive father have to be married at the time of the application for adoption.
im a single mother and my fiance wants to adopt my son what are the requirements, my son is using my surname
You have to be married for him to adopt your son.
The process is as outlined in our other article: https://lawyerphilippines.org/2018/05/25/philippine-adoption-primer-overview-process-costs/
We will be happy to help you with this case should you want to move forward with it.
We can be reached through https://lawyerphilippines.org
I am a single mom and i just want to ask if my husband can adopt my illegitimate child age of 9 .. i am not married to my daughter’s father and he doesnt ever give any support ever since i get pregnant ,til the moment i gave birth till now that my daughter is already 9 years old.
Yes, this is possible as described in this and in our other article.
We will be happy to help you with this if you contact provide your specific details on our form at https://lawyerphilippines.org
What if the single mother marries a foreigner who lives in UK and adoption took place in foreign land then the children became citizens of that country, will they still be entitled to inherit property located in the philippines from biological father who died intestate?
Yes.
I am married to my husband for almost 4 yrs now. We want to know how much the cost if he is going to adopt my 3 children. Thank u in advance
This will require a court case if done in the Philippines. The cost may depend on the specific circumstances, such as the city or municipality where the family lives and the citizenships involved. We will need to know more about the situation. We’ll be happy to discuss if you contact us through our portal at https://lawyerphilippines.org
Hello po isa po akong single mom at nakapangasawa po ako gusto nya po adapt yung anak ko po 11 years old po yung tatay nya po hindi po naka indicate sa birth certificate po dahil hiwalay po kami ng tatay nya simula po nung nabuntis po ako at hindi ko po alam kung na saan na po sya at never na po kami ngkaroon ng contact.panu po gagawin namin salamat po sa sagot
Go to the local DSWD office for their assistance through the adoption process. Make sure that the case study report they prepare shows that there is abandonment by the biological father.
Hi, I want to adopt my wife’s daughter, she’s 10 and we don’t have any contact to the biological father, what path should I take to make the adoption possible?
You may go to the local DSWD office and inquire on this because recent law has made the adoption process administrative rather than judicial. But allege abandonment by the father in the case study.