The legal landscape of adoption in the Philippines underwent a massive transformation with the enactment of Republic Act No. 11642, otherwise known as the "Domestic Administrative Adoption and Alternative Child Care Act." This law effectively shifted the nature of adoption from a judicial process to an administrative one, aiming to make the procedure simpler, faster, and less expensive while maintaining the best interests of the child.
1. The Central Authority: NACC
Under the new law, the National Authority for Child Care (NACC) was created. It serves as the primary government agency responsible for all alternative child care, including adoption. The NACC took over the functions of the DSWD's Inter-Country Adoption Board (ICAB) and the DSWD’s child placement bureaus. Regional offices, known as the Regional Alternative Child Care Office (RACCO), handle the localized implementation.
2. Who May Be Adopted?
A child or a person may be legally adopted in the Philippines if they fall under any of the following categories:
- Minors: Any person below 18 years of age who has been administratively or judicially declared legally available for adoption (CDLAA).
- Stepchildren: The legitimate son or daughter of one spouse by the other spouse.
- Relatives: An illegitimate son or daughter by a qualified adopter to improve their status to legitimacy, or a relative within the fourth degree of consanguinity or affinity.
- Adults: A person of legal age if, prior to the adoption, they have been consistently considered and treated by the adopters as their own child since minority.
- Children of Former Foster Parents/Guardians: Children whose adoption by their foster parents or legal guardians is sought.
3. Qualifications of the Adopter
To qualify as an adopter under Philippine law, an individual (Filipino or Foreigner) must meet the following criteria:
A. General Requirements
- Age: Must be at least twenty-five (25) years of age and at least fifteen (15) years older than the adoptee. The age gap may be waived if the adopter is the biological parent or the spouse of the adoptee’s parent.
- Capacity: Must be in a position to support and care for the child in keeping with the family's means.
- Character: Must be of good moral character and have not been convicted of any crime involving moral turpitude.
- Marital Status: If married, the spouses must jointly adopt, except in specific cases (e.g., one spouse seeks to adopt the legitimate child of the other, or the spouses are legally separated).
B. Specific Requirements for Foreign Nationals
- Must be a citizen of a state that has diplomatic relations with the Philippines.
- Must have been living in the Philippines for at least five (5) continuous years prior to the filing of the petition and maintain such residence until the adoption order is issued.
- Must be certified by their relevant government agency as having the legal capacity to adopt in their home country.
4. Documentary Requirements
The following documents are generally required to be attached to the Petition for Administrative Adoption:
| Document Type | Specific Requirement |
|---|---|
| Personal Identity | PSA Birth Certificate of the Petitioner(s) and the Adoptee. |
| Marital Status | PSA Marriage Certificate or Decree of Annulment/Legal Separation. |
| Character/Legal | NBI/Police Clearances and Court Clearances. |
| Financial | Income Tax Returns (ITR) or Certificate of Employment. |
| Health | Medical Certificate (Physical and Mental fitness) from a licensed physician. |
| Psychological | Psychological Evaluation Report of the Petitioner (and the child, if applicable). |
| Consent | Written consent of the adoptee (if 10+ years old) and biological parents (if known). |
| Home Study | Home Study Report conducted by a licensed social worker. |
5. The Administrative Adoption Procedure
The transition to an administrative process means that adoption no longer requires a lengthy court trial. The process is now centralized within the NACC and its regional branches (RACCO).
Step 1: Filing the Petition
The petitioners file a verified Petition for Administrative Adoption with the RACCO of the place where they reside.
Step 2: Home Study and Case Study
A social worker conducts a Home Study Report on the adopters and a Case Study Report on the child. This is to ensure that the environment is conducive to the child's growth and that the adopters are prepared for the responsibility.
Step 3: Matching and Placement
For children who are not stepchildren or relatives, the Regional Child Welfare Specialist Group (RCWSG) conducts matching to find the best possible family for the child. Once a match is made, the NACC issues an Inter-Country/Administrative Placement Authority (APA).
Step 4: Supervised Trial Custody (STC)
Before the adoption is finalized, the child is placed with the adopters for a period of at least six (6) months. During this time, a social worker monitors the adjustment of both the child and the adopters. This period may be reduced or waived for relative or stepchild adoptions.
Step 5: Issuance of the Order of Adoption
After the STC, if the RACCO finds that the adoption is in the best interest of the child, it submits a recommendation to the NACC. The NACC Executive Director then issues the Order of Adoption. This order has the same force and effect as a judgment issued by a court.
6. Effects of Legal Adoption
Once the Order of Adoption is issued and the new Birth Certificate is released by the Philippine Statistics Authority (PSA), the following legal effects take place:
- Status of the Child: The adoptee is deemed the legitimate child of the adopter for all intents and purposes.
- Parental Authority: All legal ties between the biological parents and the adoptee are severed (unless the adopter is the spouse of a biological parent). Parental authority is vested solely in the adopters.
- Succession: The adopter and the adoptee have reciprocal rights of succession (inheritance) as if they were biological relatives.
- Name: The adoptee will use the surname of the adopter, and a new birth certificate will be issued which does not indicate that the child was adopted.
7. Rescission of Adoption
Under R.A. 11642, the adopter cannot rescind the adoption. Only the adoptee may petition for the rescission of the adoption with the NACC, provided they are at least 18 years old, or with the assistance of the NACC if they are still a minor, on grounds such as:
- Repeated physical or verbal maltreatment.
- An attempt on the life of the adoptee.
- Sexual assault or abuse.
- Abandonment and failure to comply with parental obligations.