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Hello:
Atty. Jofre here. Presuming this is in the Philippines, I want to answer you very carefully, honestly, and with compassion, because adoption involving a newborn is a highly regulated process. Doing this the wrong way, even with good intentions, can expose you and the child to serious legal problems later.
Firstly, the most important thing you must understand.
You cannot legally adopt a child in the Philippines through a private arrangement where the biological mother simply “offers” the baby to you. Even if she is poor, even if she consents, even if you are already supporting the child. Any direct handover of a child without going through the proper legal process may be considered illegal adoption, child trafficking, or simulation of birth under Philippine law. Intentions do not excuse non compliance.
Secondly, what law governs adoption now.
Adoption in the Philippines is governed by Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act. Under this law, adoption is no longer filed in court. It is processed administratively through the National Authority for Child Care or NACC. This was designed to make adoption faster, cheaper, and more accessible, but still strictly regulated.
Thirdly, the correct and legal way to proceed.
Because the child is a newborn and the biological mother is known, the process usually follows this structure.
a.) The biological mother must voluntarily relinquish the child through a Deed of Voluntary Commitment or similar legal instrument processed through the Department of Social Welfare and Development or NACC. This is not just a handwritten letter. It must be done formally, with counseling, to ensure there is no coercion or sale of the child.
b.) The child will then be placed under the legal custody of the State, even temporarily. This is mandatory. The law does not allow direct private custody transfers for adoption.
c.) You, as prospective adoptive parents, may apply to be adoptive parents. This involves a home study, background check, psychological and social evaluation, and proof that you are capable of raising the child.
d.) Once approved, the child may be placed with you under Supervised Trial Custody. During this period, you may already care for and support the child legally while the adoption is being finalized.
e.) After compliance, the NACC issues an Order of Adoption, and the child’s records are amended accordingly.
Fourthly, about your financial concern.
I hear you clearly when you say you do not have enough money right now to process legal documents but you can support the child’s daily needs. The law recognizes this reality.
Here is the honest truth.
a.) You should not take permanent custody of the child yet without DSWD or NACC involvement.
b.) However, you may coordinate immediately with your local DSWD office and explain the situation. In some cases, temporary foster care or supervised custody arrangements can be made while paperwork is ongoing.
c.) Government adoption processing through NACC is significantly cheaper than court adoption used to be. Many costs are minimal or subsidized.
d.) Avoid fixers, private agreements, or notarized “adoption” papers. Those are invalid and dangerous.
Fifthly, what you should absolutely not do.
Do not register the child under your name. Do not simulate birth. Do not execute a private deed of adoption. Do not exchange money beyond basic child support. These acts carry criminal liability even years later.
Sixthly, what you should do now, step by step.
Firstly, go to the nearest DSWD or NACC office and report that a newborn was voluntarily offered for adoption.
Secondly, ask for guidance on voluntary relinquishment and legal placement.
Thirdly, apply as prospective adoptive parents and ask about supervised custody options.
Fourthly, document all support you provide to the child transparently and legally.
My candid opinion, Atty. Jofre speaking, is this. Your willingness to support and love the child is commendable. But love alone is not enough under the law. The process exists to protect the child, the biological mother, and you. Many families who bypass the process later lose the child or face criminal cases. I do not want that for you.
I am the owner and Managing Partner of Recososa Law Firm, based in the Philippines, with offices in Luzon, Visayas, and Mindanao. We assist families in adoption, foster care, and child custody matters, including guidance on low cost and lawful options under RA 11642. We can help you coordinate with DSWD or NACC, prepare the correct documents, and protect you legally while you care for the child. We can schedule an initial consultation via Google Meet or Zoom, or a physical consultation.
Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner and Managing Partner
Recososa Law Firm