LGBTQIA Filipinos are allowed to adopt children, though only as individuals since legal adoption does not extend to same-sex couples because the country still does not recognize marriage equality.
This was stressed by the Regional Alternative Child Care Office (RACCO) in Central Visayas during a teleradyo program, with Cyrene Anna Torres, social welfare officer II at RACCO 7, quoted as saying that adoption in the Philippines is dictated by Republic Act 11642 (or the Domestic Administrative Adoption and Alternative Child Care Act of 2022).
“Under our law, same-sex marriage is not yet accepted in the Philippines, but LGBTQ(IA) individuals can adopt children as single applicants,” Torres stated in Sugboanon Channel.
All prospective adoptive parents in the Philippines must meet specific requirements; these are the same for all no matter their SOGIESC:
- Be at least 25 years old and at least 16 years older than the adoptee
- Have full civil capacity and legal rights
- Be a permanent or habitual resident of the Philippines for at least five years (for foreign nationals)
- Must meet specific legal and procedural requirements under RA 11642
For their part, children eligible for adoption must have a Certification Declaring a Child Legally Available for Adoption (CDCLAA) or meet other criteria set by law, such as being relatives of the adopter or having been previously under foster care.
The process of adoption can begin with prospective adoptive parents visiting their local government’s social welfare offices, where they are to submit their application, attend pre-adoption forums and undergo training.
For those who are overseas, RA 11642 stipulates that RACCO is tasked to oversee various aspects of child adoption and alternative care, including:
- CDCLAA issuance
- Handling administrative adoption cases, as well as inter-country adoption clearances
- Facilitating foster care, and rectification of simulated births
- Managing disrupted pre-adoptive placements and rescission of adoption
