Short answer. As a general rule, yes — husband and wife must adopt jointly, with limited exceptions. This requirement, first set out in Section 7 of RA 8552, now applies under the later law: Republic Act No. 11642 (2022), the Domestic Administrative Adoption and Alternative Child Care Act, which moved adoption out of the courts and restated the qualifications.

What the law says

Husband and wife shall jointly adopt, except in the following cases:

RA 8552, Section 7 — Who May Adopt. Read the full provision →

The general rule of joint adoption

Section 7 of RA 8552 states the rule and its exceptions together: Husband and wife shall jointly adopt, except in the following cases: where one spouse seeks to adopt the legitimate child of the other; where one spouse seeks to adopt his or her own illegitimate child, with the other spouse's consent; or where the spouses are legally separated. Outside these situations, a married person cannot adopt alone — the law expects both spouses to take on parental authority together, which is then exercised jointly.

Read this under the current law

This part of RA 8552 has been superseded in procedure and restated in substance. Republic Act No. 11642 (2022), the Domestic Administrative Adoption and Alternative Child Care Act, moved adoption out of the courts to the National Authority for Child Care and re-stated the qualifications and the consent and eligibility rules. The joint-adoption requirement and its familiar exceptions carry over, but the process and the qualifying conditions are now governed by RA 11642. So the rule below should be read subject to that later Act.

What survives and what to check

The durable effects of an adoption endure regardless of the change in procedure: the adopted child is treated as legitimate, with reciprocal rights of succession between child and adopter. What has changed is where and how you apply, and the detailed qualifications, which now follow RA 11642 rather than the old court process. Because the applicable rules have shifted, a married person considering adoption — or relying on one of the exceptions to joint adoption — should confirm the current requirements with the proper authority before proceeding, rather than depend on the older text alone.

A closer look at the exceptions

A little more on the exceptions helps. Even where a married person may adopt without the other formally joining as co-adopter — adopting the spouse's legitimate child, adopting one's own illegitimate child, or where the spouses are legally separated — the other spouse's consent is generally still required in the first two situations, so a solo application is not the same as acting without the spouse's knowledge. Under RA 11642 these exceptions carry over, but they are now assessed by the administrative authority rather than a court. Anyone who thinks an exception fits should confirm it against the current qualifications before assuming they may proceed alone.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.