A child has been under my continuous care since birth (currently 1 year and 10 months old). I am listed as the father in the PSA birth certificate and I am now married. My wife and I would like her to legally adopt the child.
The biological mother is known and previously executed a written consent allowing us to act as the child’s parents and allowing the child to be adopted. However, after signing the consent, she ceased communication and her whereabouts are now unknown. She is believed to be in another region (Luzon) while we reside in Mindanao.
We initially explored administrative adoption, but the process has stalled because the social worker requires:
• mandatory appearance (even virtual) of the biological mother
• copy of her ID with specimen signatures
Despite efforts, we cannot locate or contact her, so these requirements are impossible to comply with.
My questions are:
If administrative adoption cannot proceed due to an unlocatable biological parent, can we file judicial step-parent adoption directly in Family Court?
Can the court dispense with the biological mother’s appearance if we prove diligent efforts to locate her?
Is a DSWD/NACC administrative home study required before filing a judicial petition?
Will the child remain in our custody while the case is pending?
We want to formalize an already existing family relationship and ensure the child’s legal security and stability.
Thank you for any guidance.
إجابات المحامين
Romano Law Office
Dear Sir,
Unfortunately, primary jurisdiction in adoption cases now falls under the NACC. So, seeking relief from the courts pertaining to your case is out of the question. On the other hand, if the administrative process of adoption stalled because of the inability of the NACC to locate the biological mother of your child, it doesn't mean that the NACC will stop the process. The agency just have to show its compliance with the procedures laid down under Sec. 13, Article III of the IRR of RA 11642 (The Domestic Administrative Adoption and Alternative Child Care Act), namely:
- Certification from radio and/or TV stations that the case was aired on 3 different occasions;
- Publication in newspapers of general circulation;
- Police report or barangay certification from the locality where you found your child; and
- Returned registered mail to the last known address of the biological parent or her known relatives.
Considering that the biological mother has already issued a written consent for the adoption of her child, her unknown location at present should not be treated as a hindrance by the NACC for the successful adoption of the child.
Thank you.
مجاني • مجهول • محامون خبراء
هل تحتاج مساعدة قانونية شخصية؟
تواصل مع محامين ذوي خبرة في منطقتك للحصول على نصيحة مخصصة لوضعك الخاص.
بدون التزام. خدمة مجانية 100%.