Adoption in the Philippines: Procedure and Requirements Under RA 11642

Adoption in the Philippines is now an administrative process handled by the National Authority for Child Care (NACC), not a court proceeding. Under Republic Act No. 11642, the Domestic Administrative Adoption and Alternative Child Care Act, prospective adoptive parents file a petition with the NACC through the Regional Alternative Child Care Office (RACCO). The process covers domestic administrative adoption, relative and step-parent adoption, and adult adoption, with the best interest of the child as the paramount consideration.

What is Domestic Adoption Under RA 11642?

Domestic adoption is an administrative adoption proceeding where the Order of Adoption is issued within the Philippines between a Filipino child and eligible adoptive parents. The law defines adoption as the socio-legal process of providing a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights. It permanently transfers all rights and responsibilities, along with filiation, making the child a legitimate child of the adoptive parents.

Under Section 4(d) of RA 11642, once the adoption process is completed, adoption ceases to be part of alternative child care and becomes parental care. The law also covers adult adoption, which benefits from the same administrative process.

Who Handles Adoption Cases?

The NACC, created under Section 5 of RA 11642, has original and exclusive jurisdiction over all matters pertaining to alternative child care, including domestic administrative adoption, adult adoption, and inter-country adoption. The NACC replaced the Inter-Country Adoption Board (ICAB) and absorbed the adoption functions of the Department of Social Welfare and Development (DSWD).

Each region has a Regional Alternative Child Care Office (RACCO) that receives local petitions for adoption. The RACCO has dedicated personnel who handle domestic administrative adoption cases. The NACC Secretariat, headed by an Executive Director, acts on and resolves petitions for domestic administrative adoption.

Who May Be Adopted?

The law defines a child as a person below eighteen (18) years of age, or a person eighteen (18) years or over who is unable to fully care for or protect themselves due to physical or psychosocial disability. For purposes of the Act, a child also refers to an adult son, daughter, or offspring.

A child must be declared legally available for adoption before administrative adoption can proceed, except in cases of relative or step-parent adoption where such declaration is not required. The Certificate Declaring a Child Legally Available for Adoption (CDCLAA) is the final written administrative order issued by the NACC declaring a child abandoned or neglected and committing the child to its care.

The Role of the Child Placement Committee

The Child Placement Committee (CPC) assists in reviewing petitions for adoption. It is composed of a child psychiatrist or psychologist, a medical doctor, a lawyer, an adoption social worker, and a representative from a nongovernmental organization engaged in child welfare. At the regional level, a Regional Child Placement Committee (RCPC) performs a similar function under the supervision of the RACC officer.

The Adoption Procedure Under RA 11642

The administrative adoption process under RA 11642 is designed to be simpler and less expensive than the old judicial process. The general steps are:

1. Filing the petition. The prospective adoptive parent files a duly accomplished application form, including the social case study report and supporting documents, with the RACCO in their region.

2. Case study and home study. An adoption social worker prepares a social case study report on the prospective adoptive parent's capacity to raise the child. This includes both the child case study report and the home study report.

3. Matching. The Pre-Adoption Placement Authority (PAPA), a matching committee organized by the NACC through the RACCO, deliberates on the regional and interregional matching of children legally available for adoption with approved prospective adoptive parents.

4. Supervised trial custody. After placement, a period of supervised trial custody follows, during which an adoption social worker helps the adoptive family and the child adjust to facilitate the legal union through adoption.

5. Issuance of the Order of Adoption. Once the petition is approved, the NACC issues the Order of Adoption.

Declaration of a Child Legally Available for Adoption

Before a child can be adopted, the NACC must issue a CDCLAA. For an involuntarily committed child, the CDCLAA is issued within three (3) months following involuntary commitment. For a voluntarily committed child, it is issued within three (3) months following the filing of the Deed of Voluntary Commitment (DVC). For foundlings, the CDCLAA is issued within three (3) months following the issuance of the child's foundling certificate or birth certificate.

The petition for CDCLAA is filed by the head or executive director of a licensed child-caring or child-placing agency, or by a provincial, city, or municipal social welfare development officer who has actual custody of the minor. The petition must be in affidavit form and supported by a social case study report and proof that efforts were made to locate the parents.

Frequently Asked Questions

Is adoption in the Philippines still done in court? No. Under RA 11642, domestic adoption is now an administrative process handled by the NACC through the RACCO. The NACC issues the Order of Adoption, not a court.

Can a relative or step-parent adopt without a CDCLAA? Yes. The law states that no child shall be subject to administrative adoption unless declared legally available for adoption, except in cases of relative or step-parent adoption where such declaration is not required.

Does RA 11642 cover adult adoption? Yes. Section 4(d) expressly provides that adult adoption shall be covered by the benefits of the Act.

Practical Takeaways

• Adoption in the Philippines is now an administrative process under RA 11642, handled by the NACC and its regional offices.
• The NACC has original and exclusive jurisdiction over domestic administrative adoption, adult adoption, and inter-country adoption.
• A child must generally be declared legally available for adoption through a CDCLAA, except for relative or step-parent adoption.
• The process involves filing a petition, social case study and home study reports, matching, and supervised trial custody.
• The best interest of the child is the paramount consideration throughout the adoption process.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.