Adoption rescission in the Philippines

Can an Adoption Be Rescinded in the Philippines?

Direct answer: Yes, but only on limited statutory grounds and only through a petition by or for the adoptee. The adopter cannot rescind the adoption merely because the relationship has become difficult.

Who may seek rescission?

Under Republic Act No. 11642, the adoptee may petition NACC. If the adoptee is a minor, the petition may be made with the assistance of the social welfare and development office. If the adoptee is an incapacitated adult, the guardian may act as provided by law.

Grounds for rescission

  • repeated physical or verbal maltreatment by the adopter despite counseling;
  • an attempt on the life of the adoptee; or
  • abandonment and failure to comply with parental obligations.

Ordinary family conflict, regret or a change in the adopter’s preferences is not listed as a ground. Adoption is not subject to rescission at the adopter’s request. The adopter may instead have succession remedies, including disinheritance, only for causes allowed by the Civil Code.

Where is the petition filed?

The petition is filed with the RACCO where the adoptee resides. NACC orders the adverse party to answer within 15 days from receipt and decides whether the allegations and evidence establish a statutory ground.

What happens if rescission is granted?

  • reciprocal rights and obligations between adopter and adoptee are extinguished;
  • if the adoptee remains a child, NACC may regain legal custody unless parental authority is lawfully restored to qualified biological parents in the child’s best interests;
  • succession rights revert to their pre-adoption status from the date of the decision, while prior vested rights are respected;
  • the adoptee returns to the name in the original birth or foundling record; and
  • the amended birth certificate is cancelled and the original record reinstated.

Urgent safety cases

Rescission is not a substitute for immediate protection. Where there is violence, attempted killing, abandonment or danger, contact law enforcement, the local social welfare office, NACC/RACCO or another competent protection authority promptly. Criminal and protective remedies may apply independently of rescission.

Evidence to preserve

Preserve medical records, photographs, messages, incident reports, police or barangay records, social-work reports, counseling records, witness details and proof of abandonment or failure of parental obligations. Avoid unsafe confrontation merely to collect evidence.

Related adoption guides

Use the Adoption in the Philippines hub for the full topic map and the complete adoption overview for an end-to-end explanation. Review the effects of adoption to understand what rescission changes.

Primary sources

Legal information only. Requirements depend on the facts and current NACC/RACCO instructions. This guide is not legal advice.

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