Many families who consider adoption believe that taking a child in and raising them with love is enough. However, without legal adoption, a child may not have the same legal rights as a biological one. Questions like “Why is legal adoption necessary?” and “What happens if we don’t go through the process?” often arise.

Adoption is more than just an act of kindness—it’s a legal step that grants the child full protection under the law. It ensures that they receive the same rights, including inheritance, legal security, and recognition as a legitimate family member.

Why is Legal Adoption Required?

Without formal adoption, the child remains without legal rights to inheritance, parental authority, and even a clear legal identity. Some key reasons why legal adoption is necessary include:

• Ensuring the child has full inheritance rights.
• Establishing legal parental authority to make decisions for the child.
• Protecting the child’s future, including the ability to carry the adoptive family’s name without legal challenges.
• Complying with immigration and legal documentation requirements for those adopting internationally.

In the case of Suzuki v. Office of the Solicitor General (G.R. No. 212302, 2020), the Supreme Court emphasized that adoption creates a permanent and enforceable parent-child relationship, granting the child all the rights and privileges of a biological child.

Legal Basis of Adoption in the Philippines

Adoption in the Philippines is governed by laws designed to protect both the child and the adoptive parents. These include the Domestic Adoption Act of 1998, the Inter-Country Adoption Act of 1995, and Republic Act No. 11642, which introduced a more streamlined administrative adoption process under the National Authority for Child Care (NACC).

These laws ensure that adoption follows a structured process that upholds the best interests of the child.

Types of Adoption in the Philippines

There are two types of adoption depending on the adopter’s nationality and place of residence:

Domestic Adoption

For Filipino citizens adopting a child in the Philippines, the process includes:

• Filing a verified petition for adoption with the Family Court or NACC, along with supporting documents such as birth certificates and home study reports.
• Undergoing a home study conducted by a licensed social worker to assess the adopter’s capacity to raise a child.
• Completing a supervised trial custody period, where the child stays with the adoptive family before final approval.
• Securing a final decree of adoption, which legally recognizes the child as a full-fledged member of the family.

Inter-Country Adoption

For foreign nationals or Filipinos living abroad, the process is handled by the Inter-Country Adoption Board (ICAB). It includes submitting an application, undergoing a matching and placement process, and securing an adoption decree from either a foreign or Philippine court.

What Happens If You Don’t Legally Adopt?

Without legal adoption:

• The child may not be able to inherit from the adoptive parents.
• The adoptive parents do not have automatic legal custody, which could cause problems in case of medical or legal emergencies.
• The biological family may have the right to reclaim custody in the future.

This is why adoption must go through the proper legal channels. It ensures the child’s security and protects the adoptive parents from future legal complications.

Final Thoughts

Adoption is a beautiful act of love, but it must be done legally to protect both the child and the adoptive parents. Following the proper legal procedures not only secures the child’s future but also grants them the full rights and privileges of a legitimate family member.

(This article has been carefully reviewed by a legal professional for accuracy, with the assistance of advanced research tools.)