What is legal adoption: Expert debunks fears after Maguad case

CEBU CITY, Philippines — Not all children in shelters are up for adoption. And not every adoption story is a tragedy waiting to happen.

In the wake of sensationalized portrayals of adoption in films and high-profile criminal cases, child welfare officials in Central Visayas are calling for a more informed, compassionate, and legally grounded understanding of adoption, one that goes beyond fear and fiction.

During a recent news media forum on Tuesday, June 24, Concepcion Solera, head of the Regional Alternative Child Care Office (RACCO-7), emphasized the growing public hesitance to adopt, fueled by misconceptions surrounding controversial cases like the Maguad siblings’ murder and the influence of films like The Orphan.

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Both have stirred deep anxiety, she said, particularly online, where misinformation tends to thrive.

“Daghan gyud nag misconception about adoption kay dili man gud to siya legally adopted, with the Maguad case,” Solera clarified.

“So mao nang karon, panawagan pud ni kay daghan nag mga misconception, mga dili na ganahan mo-adopt. Naa gyuy beauty sa adoption, if we go lang gyud sa legal process,” she added.

So just what is legal adoption?

READ: Explainer on administrative adoption: How is it done?

Call for clarity after the Maguad case

The 2021 Maguad siblings case involved the brutal murder of two teenagers by their foster sister, a 16-year-old girl who was unofficially under the family’s care.

The girl was not legally adopted, nor had she undergone the necessary assessments required under the Philippine adoption system. Yet, many on social media quickly blamed the concept of adoption itself.

Solera said that the situation should not be used to generalize or stigmatize adoption. Rather, it highlights the importance of following due process under Republic Act 11642, the Domestic Administrative Adoption and Alternative Child Care Act.

“Ang mga bata nga gi-match or legally available for adoption, mo-agi gyud na sila ug proseso,” she said. “Naay psychological evaluation, naay assessment, ug naa gyud preparation in place before the child is placed with a family.”

She added that legal adoption ensures the child’s safety and the readiness of the adoptive parents, something informal fostering arrangements often overlook.

Adoption is not horror fiction

Solera also criticized how popular media perpetuates fear-based narratives around adoption, citing the horror film The Orphan, where a child adoptee is revealed to be a dangerous adult posing as a child.

“That is not really shown in media and films,” she said. “What is often missing is the real story—the love, the structure, the vetting process, and the transformation adoption brings.”

She said these portrayals ignore the strict legal and psychosocial safeguards that govern the Philippine legal adoption process today.

Legal adoption vs. foster care

Solera explained that in the Maguad case, the child involved was not adopted through the NACC. The family merely fostered the child without going through formal licensing and assessment.

“Wala man gud to intention to adopt. Ang ilaha lang jud is mo-foster,” she said. “Kung temporary ra na naa tay bata nga i-care, nindot pud na moduol sa among ahensya para ma-licensed mo as foster parents.”

She emphasized that both adoption and foster care require social worker assessments, matching procedures, and preparation to ensure both the child’s and the family’s safety and well-being.

No wealth requirement

Another misconception that deters potential adoptive or foster families is the belief that one must be wealthy to qualify. Solera dismissed this outright.

“Kung sa salary range, wala ra gyud siya,” she said. “Dili mi nangita ug dato. Ang importante is maka-provide ka sa basic needs sa bata, ug ang imohang motivation is sincere.”

She said the most critical factor is the intention behind the adoption or foster care, not the income bracket of the parent.

“We believe adoption is unconditional love. Dapat gikan gyud na sa kasing-kasing… Kung mangutana ang bata ‘Asa ko gikan?’ ang ilaha gyung iingon is, ‘Born from the heart.’,” Solera said.

Legal path to adoption

RA 11642 established the National Authority for Child Care (NACC) as the central agency managing adoption and alternative child care. Since its implementation, the legal adoption process has shifted from court-based to administrative, making it more efficient and less expensive.

Today, domestic administrative adoption takes only six to nine months, with no court appearances required. Adoptive parents are no longer burdened by legal fees; they only need to cover document requirements.

Since the law’s rollout, Central Visayas has:

Processed 207 adoption petitions

Issued 121 adoption orders

Released 99 certificates of finality

Currently, over 1,000 children are in residential care facilities across the region. RACCO-7 continues to call on more families to open their homes as adoptive or foster parents.

Who may adopt and who may be adopted?

Under RA 11642:

Any Filipino citizen, regardless of marital status or sexual orientation, may adopt

Children under 15 years old who are declared legally available for adoption may be adopted

Children older than 15 may also be adopted under specific conditions, such as when part of a sibling group or when the intent to adopt was established earlier

Relative and step-parent adoptions, as well as adult adoptions, are also covered by the law

READ: More foster parents needed to adopt Cebu’s homeless kids

Want to adopt or foster?

Those interested in adoption or foster care may visit the RACCO-7 office in Mandaue City or go to the nearest social welfare office in their city or municipality.

Social workers will assist in determining eligibility and guide families through the full process, from assessment and matching to placement and finalization./ with reports from Correspondent Niña Mae C. Oliverio