CDN file photo
CEBU, Philippines —Members of the LGBTQ community in the Philippines can adopt children as individuals, but legal adoption does not extend to same-sex couples due to the country’s laws prohibiting same-sex marriage.
The Regional Alternative Child Care Office (RACCO) in Central Visayas clarified this during a recent episode of a teleradio program.
Cyrene Anna Torres, social welfare officer II at RACCO 7, explained that while LGBTQ individuals are welcome to adopt, they must do so as single petitioners under 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 individuals can adopt children as single applicants,” Torres explained.
READ:
FACES OF CEBU: Jessie Perez, 41, LGBTQ adoptive father
RA 11642 simplifies the adoption process, making it less costly and more accessible for all eligible individuals, including LGBTQ members.
According to May Sunshine Sastre, RACCO 7 Placement Section head, several LGBTQ applicants have already expressed interest in adopting children, typically applying as single petitioners.
“We’ve encountered applications where, for instance, a woman in a same-sex relationship applies as the sole petitioner, listing herself as the mother,” Sastre said.
READ:
Council OKs legal adoption process to curb illegal baby trade
‘Maton’ from Brgy Suba, Cebu City proud father of two transwomen
While the Philippines has yet to recognize same-sex couples in adoption due to the lack of same-sex marriage laws, other countries have already legalized adoption for LGBTQ couples.
Countries such as the United States, Canada, the United Kingdom, Australia, and South Africa allow same-sex couples to adopt children under their legal frameworks. In these nations, same-sex marriage is recognized, granting equal rights to LGBTQ couples, including the ability to adopt jointly.
To qualify, prospective adoptive parents in the Philippines must meet specific requirements, which apply equally to LGBTQ individuals. These include:
– Being at least 25 years old and at least 16 years older than the adoptee.
– Having full civil capacity and legal rights.
– Being a permanent or habitual resident of the Philippines for at least five years (for foreign nationals).
– Meeting specific legal and procedural requirements under RA 11642.
Children eligible for adoption must have a Certification Declaring a Child Legally Available for Adoption (CDCLAA) or meet other criteria, such as being relatives of the adopter or previously under foster care.
The implementation of RA 11642 has removed the need for lengthy and expensive court proceedings, allowing more middle-income families to pursue adoption.
“We’re grateful for this law because it gives opportunities even to those who are not financially privileged but want to provide a loving home,” Sastre said.
Prospective adoptive parents can begin the process through their local government’s social welfare offices. After submitting their application, they must attend pre-adoption forums and undergo training, which can now be conducted online for applicants based abroad.
As mandated by RA 11642, RACCO oversees various aspects of child adoption and alternative care, including:
– Issuing CDCLAA.
– Handling administrative adoption cases and inter-country adoption clearances.
– Facilitating foster care and rectification of simulated births.
– Managing disrupted pre-adoptive placements and rescission of adoption. /clorenciana