How to Recognize a Foreign Adoption on a Philippine Birth Certificate
Have you adopted a Filipino child in a foreign country?
Say you adopted the illegitimate child of your Filipina wife who was already in your country.
Or you may have adopted a distant relative of your Filipino spouse.
These circumstances are examples of situations where the adoption of the Filipino child was processed by a foreign country and not the Philippines.
As such, the child’s Philippine birth certificate papers will not have reflected the adoption.
I explain, step by step, how to reflect this foreign adoption in the child’s Philippine birth certificate.
How will the adoption be recognized?
Recognizing this foreign adoption requires a court case that takes about 1 to 1.5 years to complete.
Since the Philippines did not process the adoption (i.e. neither through domestic adoption nor through the Inter-Country Adoption Board), the main issue in the Philippine court case is to establish that the foreign adoption was validly obtained in the foreign country.
The task is to demonstrate that the foreign adoption took place and that it was in accordance with that foreign country’s laws on adoption.
To recognize and enforce it, the Philippine court confirms authenticity of documents, particularly the adoption law of the foreign country and the foreign adoption papers. The court also hears testimony on how the adoption was obtained.
If all is found in order, the will issue a Decision ordering the amendment of the child’s Philippine birth certificate to reflect the foreign adoption in the Philippine civil registry system.
What documents should you prepare?
Please prepare the following documents:
      1. Foreign Adoption order
      2. Certified Copy of the foreign country’s Adoption Law
      3. Birth Certificate of the Child
      4. Birth Certificate/Passports of the Adoptive Parents
This is the minimum that you would need to recognize the foreign adoption.
The documents have to go through a process of authentication so that they may be used as evidence in Philippine courts.
Depending on the foreign country, the documents must be duly authenticated in the foreign country in accordance with the Hague Apostille Convention or certified then authenticated at the Philippine embassy in the foreign country.
The foreign law on adoption should be similarly authenticated.
Retrieving the Foreign Adoption law should meet the requirements of the Philippine courts’ Rules on Evidence. How these rules apply vary on a per country basis, partly in depending on whether the foreign country is a HAC treaty member and on its own internal authentication or certification processes.
If the documents are not in English, they must also be duly translated.
Preparing all this requires time and study on a per case basis.
What is the court process like?
The court case for Phiippine recognition of the foreign adoption
Complete document gathering should be the first step.
After your attorney has instructed you on the correct way to gather and authenticate the documents, he will create a petition.
This petition will be filed with the Philippine court and raffled to a particular branch of the Regional Trial Court.
Your lawyer will then comply with legal requirements set by the rules of procedure.
These includes publication, notice to the parties, and submission of evidence. These pre-hearing requirements can be extensive but must be complied with so that the case continues smoothly.
After the jurisdictional requirements are established, the next court hearing will require witness testimony on to the adoption. This is usually accomplished through a judicial affidavit where the testimony of the witness is written down and sworn to beforehand. This judicial affidavit is the basis of the government’s cross examination of the witness.
A formal offer of evidence and perhaps legal memoranda will then be submitted prior to the court’s decision.
Can this be done while I am abroad?
Yes.
If you are abroad, you can better gather the foreign documents after having been given thorough instructions by your lawyer.
Coordination with Philippine counsel can be done through email, call and video conference, or messaging services.
The taking of your testimony in court can be calendared for when you are in the country.Â
If circumstances are such so that personal testimony is not possible, you and your lawyer can discuss who best can attest to the adoption. There is also the possibility that the court will allow video conference court hearings so that physical presence in the court room will not be required.
How long does it take?
The Philippine courts have heavy caseloads.
Although there are relatively few hearings required for a case such as this, it can still take anywhere from 1 to 1.5 years to complete the trial.
It will also depend on the particular circumstances of the court you are raffled to.
A retiring judge, a vacancy or an extraordinarily crowded court may cause delays.
On the other hand, an efficient judge can push it through the system more swiftly than expected.
What are the costs involved?
Costs are composed of the following:
• Lawyer’s fees include an acceptance fee, a success fee, pleading and hearing fees.
• Court fees include court filing fees, service and the required publication costs which can vary
depending on what the judge orders and where it is published. Publication fees can range
from 25,000 to 45,000 and in some cases even more.
• Document fees such notarization, postal service and reproduction.
• Foreign document costs vary on a per country basis.
Im in this situation. No one in NJ can provide me the law of adoption. My lawyer just printed something online and attested that she used those statutes. Some states have adoption laws published online. NJ doesn’t. I hope our submission will be approved. This is the children’s future!!!!
Hello. We understand how important your situation is. what matters most is that your submission complies with the correct New Jersey laws. If ever legal complication may arise along the process, our team is ready to assist you. For any concerns and inquiries, you may directly email us at admine@lawyerphilippines.org so we can assess your situation. Thank you
I as a U.S. citizen married my Filipina wife in Philippines and she was a widow with one son. They are both now in the U.S. and Lawful permanent resident status. Her son is 12 and I adopted him in the U.S. in the state of TN. What do I need to get his name changed on his birth certificate to reflect my surname per the adoption decree and also to list my name as his father? How much should we expect to spend on this procedure and what are the steps as well as estimated time involved? Thank you for your time and assistance.
Hello, thank you for reaching out. This is a legal adoption case. The first step involves coordination with the NACC (National Authority for Child Care), which will provide you with a list of requirements and identify the appropriate adoption category for your situation. As for the cost of the procedure, only the NACC can determine that. The process is quite complex, as it involves numerous documentary requirements and petition filings. I strongly recommend hiring a lawyer to assist and guide you throughout the process.
Hello!
During my marriage I have my daughter from previous relationship but was name in my single name before. Now, my US husband adopted my daughter here in Florida and we called it here as stepparents adoption. She has already a US birth certificate and I became also a US citizen through naturalization; I did my dual citizenship last 2024 of March and I was told that I need to recognize my daughter US birth certificate to the Philippines (I’m not sure if civil registry where she was born). Supposedly she is to follow for dual citizenship since she is my dependent. So, now, my question is what I’m going to do to recognize her US birth to Phil birth certificate? or what you could recommend? She is turning 15 years old next month and I want to process her dual asap for her future.
Hello. Yes, your daughter’s US birth must first be recognized in the Philippines. This is crucial to cancel the first birth certificate recorded in the Civil Registrar and PSA. This is very complex situation, and it is necessary to consult a lawyer that will assist you to do the necessary legal action.
We have a similar situation. I have married the birth mother of my stepson in BC Canada. I have adopted by stepson (16 yrs old). His PSA birth certificate shows Father as “Unknown”. My wife never got married to the biological father and has decided not to put him in the birth certificate since he has abandoned them. The court adoption order includes my son can use my last name. We have done this process even before the court order, and he has already been using my last name for 2 years now. I am wondering how to proceed so that my son’s birth certificate will be amended. We are an LGBT couple and our marriage is not recognized by the Philippine government. I am a dual citizen (Canadian and Filipino), my wife and son are still Filipinos (Canada PR), but will process Canadian citizenship by the end of the year (will be finalized in 6-8 months). We do have plans of getting them dual citizenship after getting their Canadian citizenship finalized. My son and wife already has changed their legal last names in Canada as my last name and will use it when they become Canadian. It is just the birth certificate of my son that is in his mother’s last name. Thank you for your advice.
Since foreign adoption was granted by a foreign court, it is not automatically reflected in the Philippine Civil registry. To amend your son’s PSA birth certificate, you must file a petition for judicial recognition of foreign judgement in the Philippines. The court will recognize the adoption order as valid in the Philippines. once the court grants the petition, it will order the Local civil registrar and the PSA to amend your son’s birth certificate to reflect you as the father and change his last name. However, your circumstances are very complex since you were a LGBT couple which the Philippines does not currently recognize. Best course of action is the consult a lawyer to guide you what would be the legal factors to take into account.
Not sure if this is the similar:
My mother was born in the Philippines born to Filipino parents hence her last name is of her fathers in the PSA records (mother maiden last name as her middle name and father last name as her last name). Her father passed away and her mother remarried years later (married in the Philippines outside of the US Naval base) to an American US Navy (based in the then US Naval base in Olonggapo, Philippines). Her step father adopted her and she took his last name as a result of this (middle name is her mothers maiden last name and her new last name is that of her step father). The adoption was held within the US Naval base and appears to not have been authenticated by the PSA. As a result of this, her PSA records are still in her biological father’s last name and she has no adoption records in the Philippines. What is the best approach to fix this?
We would need to see the adoption papers to say. Send us an email with the documents at contact@lawyerphilippines.org if this is something you’d like to discuss.
Hi Atty. Britanico
1. Would the process still be the same for a Japanese husband and Filipina wife who adopted a stateless child (most likely the child will become a Japanese citizen once naturalization application has been approved)?
2. Once the adoption ruling has been granted, the couple has until how many months/years to file for a recognition?
3. Should the recognition case be filed in the wife’s hometown? Or can it be filed in Manila (for convenience of access)?
This article is primarily with respect to the adoption of a Filipino child while abroad rather than a foreign child.
For the situation you describe, you may be best served by first contacting the Philippine embassy to discuss whether you can register the adoption with them.
After reading the whole article, this is exactly my family and I are looking for to start the process… Is there any way we can contact you?
You may contact us via email at admin@lawyerphilippines.org.
What would be an estimated total cost for this process if adoption occurred in the US?
This depends on a number of factors, including in which city or municipality the child’s birth was registered and whether the biological parents agreed. We would need more specific information to say. Will send an email.