Nephew qualified for adoption if parents are dead

Persida Acosta

Persida Acosta

Dear PAO,
I am 30 years old with a stable job. Am I qualified to legally adopt my nephew whose parents have died even if I’m only 30 years old?

Can I ask for assistance from PAO in filing the adoption?

Dear Jackie,
Your nephew is qualified for adoption since his parents are already dead.

However, no proceedings for adoption shall be initiated within six (6) months from the time of death of his parents (Section 8, Republic Act (R.A.) No. 8552 or the Domestic Adoption Act of 1998). You are qualified to adopt him even if you are only thirty (30) years old as long as there is a sixteen (16)-year difference between your age and his age. Moreover, you should also meet all the qualifications provided in Section 7 of R.A. No. 8552, to wit:

In addition to the foregoing, you also need to get the written consent to the adoption of your nephew if he is ten (10) years of age or over and that of your husband, if you have any. If your have met all the qualifications, you may file your petition for adoption before the Family Court of the province or city where you reside. However, we regret to inform you that the Public Attorney’s Office (PAO) cannot provide legal assistance to you in filing a petition for adoption of your nephew pursuant to Section 8 of the PAO Operations Manual, to wit:

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to


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1 Comment

  1. Hello po magtatanong po sana ako tunkol sa pagadopt,my pamangkin po ako na lalaki 24 years old ako namn po ay 38 na at gusto ko po sya ampunin para makarating dito sa japan at makasama ko patay na po ang nanay nya ang tatay nya kuya ko namn kaso my sarili ng pamilya at hnd na sila pinakikialaman.bale nanay ko na ang nagpalaki sa pamangkin ko,pupede pa dn po ba sya ampunin ko kahit 24 na sya?sana matulungan nio po ako.maraming salamat po