REPUBLIC ACT NO.

 11642

AN ACT STRENGTHENING ALTERNATIVE CHILD CARE BY PROVIDING FOR AN ADMINISTRATIVE PROCESS OF DOMESTIC

ARTICLE I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the "Domestic Administrative Adoption and Alternative Child Care Act."
SECTION 2. Declaration of Policies. — It is hereby declared the policy of the State to ensure that every child remains under the care and custody of
the parents and be provided with love, care, understanding, and security towards the full and harmonious development of the child's personality. Only when such
efforts prove insufficient and no appropriate placement or adoption within the child's extended family is available shall adoption by an unrelated person be
considered.
The best interest of the child shall be the paramount consideration in the enactment of alternative care, custody, and adoption policies. It shall be in
accordance with the tenets set forth in all the rights of the child enumerated under Article 3 of  Presidential Decree No. 603, otherwise known as the "Child and
Youth Welfare Code"; the "United Nations Convention on the Rights of the Child (UNCRC)"; the "United Nations Guidelines on Alternative Care of Children";
the "United Nations Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement
and Adoption, Nationally and Internationally"; and the "Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption."
Toward this end, the State shall:
(a) Ensure that a child without parental care, or at risk of losing it, is provided with alternative care options such as adoption and foster care;
(b) Establish alternative care standards to ensure that the quality of life and living conditions set are conducive to the child's development;
(c) Safeguard the biological parents from making hasty decisions to relinquish parental authority over the child;
(d) Prevent unnecessary separation of the child from the biological parents;
(e) Protect the adoptive parents from attempts to disturb their parental authority and custody over the adopted child;
(f) Conduct public information and educational campaign to promote a positive environment for adoption;
(g) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries, process domestic adoption
petitions, and offer adoption-related services, including pre-adoption and post-adoption services, for the biological parents, children, and
adoptive parents;
(h) Encourage domestic adoption so as to preserve the child's identity and culture in the child's native land, and only when this is not feasible shall
inter-country adoption be considered; and
(i) Establish a system of cooperation with the Inter-Agency Council Against Trafficking (IACAT), to prevent the sale, trafficking, and abduction of
children and to protect Filipino children abandoned overseas who are made vulnerable by their irregular status.
No child shall be a subject of administrative adoption unless the status of the child has been declared legally available for adoption except in cases of
relative or step-parent adoption where such declaration is not required. Independent placement cases, or the entrustment of a child by the birthparents to a relative
or another person without seeking intervention from government, nongovernment, or any social worker, will be covered by the provisions of this Act if the child is
already in the custody of their custodian before the effectivity of this Act.
It is hereby recognized that the administrative adoption processes for the cases of legally-available children, relative, stepchild, and adult adoptees are
the most expeditious proceedings that will redound to their best interest.
SECTION 3. Objectives. — This Act shall provide for and allow simpler and inexpensive domestic administrative adoption proceedings and shall
streamline services for alternative child care. Pursuant to this, it shall create the National Authority for Child Care (NACC), which shall exercise all powers and
functions relating to alternative child care including, declaring a child legally available for both domestic administrative adoption and inter-country adoption,
foster care, kinship care, family-like care, or residential care.
SECTION 4. Definition of Terms. — As used in this Act:
(a) Abandoned child refers to a child who has no proper parental care or guardianship, a foundling, or one who has been deserted by one's parents for a
period of at least three (3) continuous months, and has been declared as such by the NACC;
(b) Abandoned Filipino child in a foreign country refers to an unregistered or undocumented child found outside the Philippine territory, with known
or unknown facts of birth, separated from or deserted by the biological Filipino parent, guardian, or custodian for a period of at least three
(3) continuous months and committed to a foreign orphanage or charitable institution or in temporary informal care, and has been declared
as such by the NACC, upon recommendation of the Office of Social Welfare Attaché (OSWA) of the Department of Social Welfare and
Development (DSWD), or the Department of Foreign Affairs (DFA);
(c) Actual custodian refers to the guardian or spouses who raised a child or person and consistently treated the child as their own;
(d) Adoption refers to the socio-legal process of providing a permanent family to a child whose parents had voluntarily or involuntarily given up their
parental rights, permanently transferring all rights and responsibilities, along with filiation, making the child a legitimate child of the
adoptive parents: Provided, That adult adoption shall also be covered by the benefits of this Act;
In the interest of clarity, adoption shall cease to be part of alternative child care and becomes parental care as soon as the process is
completed;
(e) Adoption para-social worker refers to an unregistered and unlicensed social work practitioner who ideally has three (3) years of experience in
handling alternative child care or adoption cases, or both;
(f) Adoption social worker refers to an individual who is registered and licensed by the Professional Regulation Commission (PRC), in accordance
with Republic Act No. 9433, otherwise known as the "Magna Carta for Public Social Workers" and who ideally has three (3) years of
experience in handling alternative child care or adoption cases, or both. For purposes of this Act, in the event that an adoption social worker
is not available, adoption para-social worker shall be allowed to render the services required:  Provided, That only duly registered and
licensed social workers shall sign and submit the pertinent documents;
(g) Alternative child care refers to the provision of planned substitute parental care to a child who is orphaned, abandoned, neglected, or surrendered,
by a child-caring or child-placing agency. This may include foster care, kinship care, family-like care, and residential care;
(h) Child refers to a person below eighteen (18) years of age or a person eighteen (18) years of age or over but who is unable to fully take care or
protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability or
condition: Provided, That for the purpose of this Act, where relevant, a child shall also refer to an adult son, daughter, or offspring;
(i) Child Legally Available for Adoption (CLAA) refers to a child in whose favor a certification was issued by the NACC that such child is legally
available for adoption after the fact of abandonment or neglect has been proven through the submission of pertinent documents, or one who
was voluntarily committed by the child's parents or legal guardian;
(j) Certificate Declaring a Child Legally Available for Adoption (CDCLAA) refers to the final written administrative order issued by the NACC
declaring a child to be abandoned and neglected, and committing such child to the care of the NACC through a foster parent, guardian, or
 duly licensed child-caring or child-placing agency. The rights of the biological parents, guardian, or other custodian to exercise authority
over the child shall cease upon issuance of the CDCLAA;
(k) Child-caring agency refers to a duly licensed and accredited agency by the DSWD that provides twenty-four (24)-hour residential care services for
abandoned, orphaned, neglected, or voluntarily and involuntarily committed children;
(l) Child case study report refers to a written report prepared by an adoption social worker containing all the necessary information about a child,
including the child's legal status, placement history, past and present biopsychosocial and spiritual aspects, case background, ethno-cultural
background, and biological family background or history;
(m) Child placing agency refers to a private nonprofit or charitable or government agency duly licensed and accredited agency by the DSWD to
provide comprehensive child welfare services including receiving and processing of petitions for adoption and foster care, evaluating the
prospective adoptive parents (PAPs) or foster parents, preparing the child case study report and home study report;
(n) Child Placement Committee (CPC) refers to the committee under the supervision of the Deputy Director for Services composed of a child
psychiatrist or psychologist, a medical doctor, a lawyer, an adoption social worker, a representative of a nongovernmental organization
(NGO) engaged in child welfare, and any other professional as may be needed, to provide the necessary assistance in reviewing petitions for
adoption;
(o) Deed of Voluntary Commitment (DVC) refers to the notarized instrument relinquishing parental authority and committing the child to the care and
custody of the NACC or child-placing or child-caring agency, executed by the child's biological parents or by the child's legal guardian in
their absence, mental incapacity or death, to be signed in the presence of an authorized representative of the NACC, after counseling and
other services have been made available to encourage the child's biological parents or legal guardian to keep the child;
(p) Domestic adoption refers to an administrative adoption proceeding where the Order of Adoption is issued within the Philippines and is undertaken
between a Filipino child and eligible adoptive parents;
(q) Foreign national refers to any person who is not a Filipino citizen;
(r) Foster care refers to the provision of planned temporary substitute parental care to a child by a foster parent;
(s) Foster child refers to a child placed under foster care;
(t) Foster parent refers to a person, duly licensed by the NACC, to provide foster care;
(u) Foundling refers to a deserted or abandoned child of unknown parentage and whose date or circumstances of birth on Philippine territory are
unknown and undocumented. This shall also include those with the above circumstances of birth during their infancy and/or childhood, and
have reached the age of majority without benefitting from adoption procedures;
(v) Home study report refers to a written report prepared by an adoption social worker relative to the motivation and capacity of the prospective
adoptive or foster parents to provide a home that meets the needs of a child;
(w) Inter-country adoption refers to the socio-legal process of adopting a child by a foreign national or a Filipino citizen habitually a resident outside
Philippine territory which complies with the principles stated in the Hague Convention of 1993;
(x) Involuntarily committed child refers to one who has been permanently deprived of parental authority due to: abandonment; substantial, continuous,
or repeated neglect; abuse or incompetence to discharge parental responsibilities, of known or unknown parents;
(y) Local Social Welfare Development Officer (LSWDO) refers to a person who is a duly licensed social worker and appointed by the local chief
executive to head the provincial, city, or municipal social welfare development office which serves as the frontline of the local government
unit (LGU) in the delivery of social welfare and development programs and services;
(z) Matching refers to the judicious selection from the regional or interregional levels of a family for a child based on the child's needs and best interest
as well as the capability and commitment of the adoptive parents to provide such needs and promote a mutually satisfying parent-child
relationship;
(aa) Neglected child refers to a child whose physical and emotional needs have been deliberately unattended or inadequately attended within a period
of three (3) continuous months. A child is unattended when left without the proper provisions or proper supervision;
(bb) Petition refers to the duly accomplished application form for foster care or adoption, including the social case study report and its supporting
documents from an authorized or accredited agency or central authority;
(cc) Placement refers to the physical entrustment of the child with the foster parent or to the adoptive parents;
(dd) Post-adoption services refer to psychosocial services and support services provided by adoption social workers after the issuance of the Order of
Adoption by the NACC or Final Decree of Adoption or its equivalent;
(ee) Pre-Adoption Placement Authority (PAPA) refers to a document issued by the NACC, through the Regional Alternative Child Care Office
(RACCO), authorizing or confirming the placement of a child to the prospective adoptive parents;
(ff) Prospective Adoptive Parent (PAP) refers to an individual who has filed a petition for administrative adoption;
(gg) Regional Child Placement Committee (RCPC) refers to the matching committee organized by the NACC, through the RACCO, that is tasked to
deliberate the regional and interregional matching of children legally available for adoption and approved prospective adoptive parents;
(hh) Relative refers to someone other than family members, within the fourth (4th) civil degree of consanguinity or affinity;
(ii) Simulation of birth record refers to the tampering of the civil registry to make it appear in the record of birth that a child was born to a person who
is not such child's biological mother, causing the loss of the true identity and status of such child;
(jj) Social case study report refers to the report prepared by the adoption social worker on the PAP's capacity to raise the child; the social agency
efforts to locate the child's biological parents or relatives; interventions given to the child and the family; and the adoption social worker's
assessment of the case. It shall include both the child case study report and the home study report;
(kk) Social worker refers to a licensed practitioner by the PRC who, by academic training and social work professional experience, possesses the skill
to achieve the objectives as defined and set by the social work profession, through the use of the basic methods and techniques of social
work (case work, group work, and community organization) which are designed to enable individuals, groups and communities to meet
their needs and to solve the problems of adjustment to a hanging pattern of society and, through coordination with an organized social work
agency which is supported partially or wholly from government or community solicited funds;
(ll) Step-parent refers to a parent who is married to the mother or father of a child, but who is not that child's biological mother or father;
(mm) Supervised trial custody (STC) refers to the period of time after the placement of a child in an adoptive home whereby an adoption social worker
helps the adoptive family and the child in the adjustment process to facilitate the legal union through adoption;
(nn) Support refers to everything indispensable for the full and harmonious development of the child, including sustenance, dwelling, clothing, medical
attention, and education, in keeping with the financial capacity of the family; and
(oo) Voluntarily committed child refers to the one whose parent or legal guardian knowingly and willingly relinquished parental authority to the
NACC, the DSWD, or any duly accredited child-placing or child-caring agency or institution.
ARTICLE II
National Authority for Child Care
SECTION 5. National Authority for Child Care (NACC). — The Inter-Country Adoption Board (ICAB) is hereby reorganized to a one-stop quasi-
judicial agency on alternative child care, known as the National Authority for Child Care (NACC), attached to the DSWD.
All duties, functions, and responsibilities of the ICAB, the DSWD, and those of other government agencies relating to alternative child care and
adoption are hereby transferred to the NACC.
 The Department of Budget and Management (DBM), in coordination with the ICAB and the DSWD, shall formulate a cohesive organizational
structure with corresponding plantilla positions responsive to fulfill the functions and divisions of the NACC as stipulated under this Act.
SECTION 6. Jurisdiction of the NACC. — The NACC shall have the original and exclusive jurisdiction over all matters pertaining to alternative child
care, including declaring a child legally available for adoption; domestic administrative adoption; adult adoption; foster care under Republic Act No. 10165,
otherwise known as the "Foster Care Act of 2012"; adoptions under Republic Act No. 11222, otherwise known as the "Simulated Birth Rectification Act"; and
inter-country adoption under Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995." The NACC shall also have the authority to
impose penalties in case of any violation of this Act.
SECTION 7. Composition of the NACC. — The NACC shall be composed of a Council and a Secretariat.
The Council shall be composed of the Secretary of the DSWD as ex officio chairperson and six (6) other members, who are to be appointed by the
President for a nonrenewable term of six (6) years: Provided, That there shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers who shall have at
least the qualifications of a Regional Trial Court (RTC) judge, one (1) registered social worker, and two (2) representatives from NGOs engaged in child-caring
and child-placing activities.
The members of the Council shall receive a reasonable per diem allowance for each meeting attended.
The Council shall act as the policy-making body for purposes of carrying out the provisions of this Act and shall formulate child welfare policies which
shall constantly adjust to ongoing studies on alternative child care. En banc, it shall serve as Appeals Committee for contested denials of petitions issued by the
Executive Director or the Deputy Director for Services.
The Secretariat shall implement and execute policies on alternative child care pursuant to the provisions of this Act. It shall be headed by an Executive
Director, with the rank of an Undersecretary who shall be assisted by two (2) deputy directors, one (1) for services and another one (1) for administration and
finance with the rank of Assistant Secretary.
The Deputy Director for Services shall, pursuant to the provisions of this Act, assist the Executive Director in the supervision and monitoring of the
overall process for alternative child care, including declaring a child legally available for adoption, domestic and inter-country adoption, foster care, residential
care, family-like care, and kinship care, as well as the provision of child and family welfare services.
The NACC may hire professionals and various experts, who shall form part of the CPC to be composed of a child psychiatrist or psychologist, a
medical doctor, a lawyer, an adoption social worker, a representative of an NGO engaged in child welfare, and any other professionals, as may be needed, to
provide the necessary assistance to the Deputy Director for Services and Executive Director in reviewing petitions for adoption.
The Deputy Director for Administration and Finance shall be in charge of human resource development and management, property and logistics
management, assets and financial management, and other administrative support services.
SECTION 8. Functions of the NACC. — The NACC shall ensure that the petitions, and all other matters involving alternative child care, including the
issuance of CDCLAA, and the process of domestic and inter-country adoption, foster care, kinship care, family-like care, or residential care are simple,
expeditious, and inexpensive, and will redound to the best interest of the child involved.
Towards this end, the NACC Council shall act as the policy-making body and when convened as such, as an en banc appeals committee for contested
denials of petitions issued by the Executive Director or the Deputy Director for Services, while the NACC Secretariat shall be responsible for the following key
functions:
(a) Act and resolve petitions for the issuance of CDCLAA as provided under this Act;
(b) Facilitate, act, and resolve all matters relating to domestic administrative adoption as provided in this Act;
(c) Facilitate, act, and resolve all matters relating to inter-country adoption, pursuant to Republic Act No. 8043;
(d) Facilitate, act, or resolve all matters relating to foster care pursuant to Republic Act No. 10165;
(e) Facilitate, act, and resolve all matters relating to the rectification of simulated birth pursuant to Republic Act No. 11222;
(f) Supervise and control the following acts to be performed by the RACCO under the provisions of this Act;
(g) Determine action on petitions for adoption, foster care, and other forms of alternative child care that have been filed through and processed by the
RACCOs;
(h) Set standards and guidelines on adoption including pre- and post-legal adoption services;
(i) Convene an Independent Appeals Committee whenever necessary to be composed of professionals and experts from its CPC, to resolve appeals
filed by interested parties involving denials of petitions at the RACCO level;
(j) Act as the central authority in matters relating to inter-country adoption and shall act as the policy-making body for purposes of carrying out the
provisions of this Act, including Republic Act No. 8043, in consultation and coordination with the DSWD-OSWA, DFA, the different child
care and placement agencies, adoptive agencies, as well as NGOs engaged in child care and placement activities, specifically the functions
under Section 4 of the aforementioned law;
(k) Determine, in coordination with the DFA or the OSWA, procedures for suitable alternative care of Filipino children stranded abroad, including
countries not party to the Hague Convention or have no diplomatic relations with the Philippines;
(l) Ensure that inter-country adoption will not be pursued until all possible domestic placement of the child has been exhausted;
(m) Conduct national information dissemination and advocacy campaign on alternative child care;
(n) Establish clear programs to keep children with their biological families wherever possible;
(o) Assess the progress and identify gaps in the implementation of this Act and come up with policy recommendations;
(p) Keep records of all adoption, foster care, and other alternative child care cases, and provide periodic information and reports on the performance of
the agency;
(q) Conduct research on adoption, foster care, and other alternative child care policies or in related fields to further improve and strengthen the office
programs and services and for policy formulation and development;
(r) Provide technical assistance and conduct capability-building activities to all concerned agencies and stakeholders;
(s) Determine and impose administrative fees;
(t) In partnership with the Department of the Interior and Local Government (DILG), provide the necessary support and technical assistance to LGUs,
especially the Local Council for Protection of Children (LCPC), who are among the first responders to cases of child abandonment and
voluntary commitment, on matters related to alternative child care processes and engage them during the pre-adoption process;
(u) Build linkages and partnerships with independent and private entities such as licensed and accredited child-caring institutions, foundations, and
social worker groups to ease the burden on the government to monitor all petitions;
(v) Impose fines or penalties for any noncompliance with or breach of this Act, its implementing rules and regulations (IRR), and the rules and
regulations which it promulgates or administers;
(w) Formulate and develop policies for programs and services relating to the process of adoption, foster care, kinship care, family-like care, or
residential care; and
(x) Enforce this Act and its IRR, as well as perform all other functions necessary to carry out the objectives of this Act and other related laws, such
as Republic Act No. 8043 and Republic Act No. 10165 toward the simple, expeditious, and inexpensive process relating to foster care,
issuance of CDCLAA, domestic administrative adoption, and inter-country adoption, and all other forms of alternative care, that would
redound to the best interest of the child.
 SECTION 9. Regional Alternative Child Care Office (RACCO). — There shall also be a Regional Alternative Child Care Office (RACCO) created for
each region of the country, which shall be headed by a Regional Alternative Child Care (RACC) officer.
The RACCO is tasked to ensure a well-functioning system of receipt of local petitions for CDCLAA and adoption, and other requests regarding
alternative placement and well-being of children.
The RACCO shall have dedicated personnel who shall exclusively handle each of the following:
(a) Issuance of the CDCLAA;
(b) Domestic administrative adoption;
(c) Inter-country adoption;
(d) Foster care;
(e) All other forms of alternative care including family-like care, kinship care, and residential care; and
(f) Rectification of simulated birth pursuant to Republic Act No. 11222.
There shall be an RCPC installed in each RACCO which shall be supervised by the RACC officer. It shall be composed of a multidisciplinary group
including a child psychiatrist or psychologist, a medical doctor, a member of the Philippine Bar, an adoption social worker and a representative of an NGO
involved in child welfare: Provided, That no member of the group shall have relations with the child or PAP being matched.
SECTION 10. Appointments and Staffing Patterns. — The DBM, in coordination with the ICAB and DSWD, shall create the organizational structure
and staffing pattern necessary for the performance of functions of the NACC: Provided, That officers and employees holding permanent appointments shall be
given preference for appointment to the new positions in the approved staffing pattern comparable to their former positions.
Provided, further, That existing plantilla items in the ICAB and DSWD which are dedicated to alternative child care and adoption shall all be
transferred to the NACC.
Provided, finally, That no new employees shall be hired until all permanent officers and employees have been appointed, including temporary and
casual employees who possess the necessary qualification requirements, among which is the appropriate civil service eligibility, for permanent appointment to
positions in the approved staffing pattern, in case, there are still positions to be filled, unless such positions are policy-determining, primarily confidential or
highly technical in nature.
Qualifications of all appointees shall be in accordance with civil service rules and regulations. The existing Adoption Resource and Referral Unit
(ARRU) of the DSWD shall now function as the RACCOs for each region of the country under the NACC.
ARTICLE III
Declaration of a Child Legally Available for Adoption
SECTION 11. Declaration of Availability for Adoption of Involuntarily Committed Child and Voluntarily Committed Child. — The CDCLAA in case
of an involuntarily committed child under Article 141, paragraph 4 (a) and Article 142 of  Presidential Decree No. 603 shall be issued by the NACC within three
(3) months following such involuntary commitment.
In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. 603, the CDCLAA shall be issued by the Executive
Director within three (3) months following the filing of the DVC, as signed by the parents with the NACC.
Upon petition filed with the NACC, the parents or legal guardian who voluntarily committed a child may recover legal custody and parental authority
from the agency or institution to which such child was voluntarily committed when it is shown to the satisfaction of the NACC that the parents or legal guardian is
in a position to adequately provide for the needs of the child: Provided, That the petition for restoration is filed within three (3) months after the signing of the
DVC.
In case of foundlings, the CDCLAA shall be issued by the Executive Director within three (3) months following the issuance of the child's foundling
certificate or birth certificate.
SECTION 12. Who May File a Petition for CDCLAA. — The Head or Executive Director of a licensed or accredited child-caring or child-placing
agency or institution managed by the government, LGU, NGO, or provincial, city, or municipal social welfare development officer (SWDO) who has actual
custody of the minor may file a petition before the NACC, through the RACCO, for the issuance of a CDCLAA. If the child is under the custody of any other
individual, the child-caring or child-placing agency or institution shall do so with the consent of the child's custodian.
SECTION 13. Petition for CDCLAA. — The petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law
to administer oaths.
It shall contain facts necessary to establish the merits of the petition and shall state the circumstances surrounding the abandonment, neglect, voluntary
commitment of the child, or discovery of the foundling.
The petition shall be supported by the following documents:
(a) Social case study report made by the RACCO, LGU, licensed or accredited child-caring or child-placing agency or institution charged with the
custody of the child;
(b) Proof that efforts were made to locate the parents or any known relatives of the child. The following shall be considered sufficient:
(1) Written certification from a local or national radio or television station that the case was aired on three (3) different occasions;
(2) Publication in one (1) newspaper of general circulation to be shouldered by the petitioner: Provided, That publication can be dispensed
with in the case of step-parent and relative adoption;
(3) Police report or barangay certification from the locality where the child was found, or a certified copy of tracing report issued by the
Philippine Red Cross national headquarters (NHQ) or social service division, which states that despite due diligence, the child's
parents could not be found;
(4) Returned registered mail to the last known address of the parents or known relatives, if any; or in the case of a voluntarily committed
child, the DVC signed by the biological parent;
(5) Birth certificate, if available; and
(6) Recent photograph of the child and photograph of the child upon abandonment or admission to the agency or institution.
SECTION 14. Procedure for the Filing of the Petition for CDCLAA. — The petition shall be filed in the RACCO where the child was found,
abandoned, voluntarily committed, or discovered.
The RACCO shall immediately examine the petition and its supporting documents, if sufficient in form and substance, and shall authorize the posting
of the notice of the petition in a conspicuous place for five (5) consecutive days in the locality where the child was found, abandoned, voluntarily committed, or
discovered, and in social media platforms or other online platforms of the NACC and the concerned LGU.
If the RACCO finds that the petition is insufficient, the case shall be put on hold and the petition shall be returned to the petitioner for compliance with
the additional information or documents requested by the RACCO.
Within fifteen (15) working days after the completion of its posting, the RACCO shall render a recommendation and transmit a copy of such
recommendation, together with the records, to the Executive Director.
SECTION 15. Declaration of Availability for Adoption. — Upon finding merit in the petition, the Executive Director shall issue a CDCLAA within
seven (7) working days from receipt of the recommendation, unless further investigation or additional information or documents are needed to determine the
merits of the petition. A copy of the CDCLAA shall be transmitted to the petitioner and all interested parties known to the Executive Director.
 SECTION 16. Opposition to the Petition for CDCLAA. — In cases of abandoned, neglected children, and foundlings, if the biological parents, relatives
or legal guardian of the child appear and oppose the issuance of the CDCLAA, prior to its issuance, the case shall be put on hold and the RACCO, Deputy
Director for Services, or Executive Director, depending on where the case is pending for review at the time the petition is opposed, shall direct the handling
adoption social worker to immediately investigate and request for a Parenting Capability Assessment Report (PCAR) from the LGU where the biological parents,
relatives, or legal guardian reside.
Within fifteen (15) working days after the issuance of the PCAR, the handling adoption social worker shall render a recommendation on whether to
grant or deny the opposition of the biological parents, relatives, or legal guardian of the child.
Within fifteen (15) working days after the receipt of the handling adoption social worker's recommendation, the RACCO, Deputy Director for
Services, or Executive Director shall decide on the merits of the petition.
SECTION 17. Appeal. — The decision of the NACC shall be appealable to the Court of Appeals within ten (10) days from receipt of the Order by the
interested party, otherwise the same shall be final and executory.
SECTION 18. Certification. — The CDCLAA issued by the NACC Executive Director shall be, for all intents and purposes, the best evidence that the
child is legally available in a domestic adoption proceeding; and in an inter-country adoption proceeding, as provided in Republic Act No. 8043.
SECTION 19. Counseling Services. — It shall be the duty of the NACC, through the RACCO, child-caring or child-placing agencies, as well as the
city, municipal, or barangay social workers, when appropriate, to provide necessary and appropriate counseling services by adoption social workers to the
following:
(a) Biological Parents — Counseling shall be provided to the biological parents before and after the birth of the child. No binding commitment to an
adoption plan shall be permitted before the birth of the child.
In all proceedings for adoption, the NACC shall require proof that the biological parents have been properly counseled to prevent them from
making hurried decisions caused by strain or anxiety to give up the child, and to sustain that all measures to strengthen the family have been
exhausted and that any prolonged stay of the child in own home will be inimical to child welfare and interest.
A period of three (3) months shall be allowed for the biological parents to reconsider any decision to relinquish a child for adoption before
the decision becomes irrevocable.
Counseling and other appropriate social service interventions and services shall also be offered to the biological parents after the child has
been relinquished for adoption.
Steps shall be taken by the NACC to ensure that no hurried decisions are made and all alternatives for the child's future and the implications
of each alternative have been provided.
(b) Prospective Adoptive Parents (PAPs) — Counseling sessions, forums, and seminars on adoption, among others, shall be provided to resolve
possible adoption issues and to prepare them for effective parenting.
Adoption telling shall be one of the central themes of the sessions, forums, or seminars to equip the PAPs with the ability to divulge the
adoption to the adoptee in a manner that will strengthen the parent-child relationship.
As a proven helpful practice, adoption shall be disclosed to the child as early as possible by the adoptive parents: Provided, That disclosure
of adoption shall be mandatory before the adoptee reaches the age of thirteen (13) years old. An adoption social worker must conduct
adoption-themed activities to such children, which will inculcate the positive aspects of adoption in their young minds.
SECTION 20. Biological Parent Search. — It shall be the duty of the NACC, LGU, or the child-placing or the child-caring agency, which has custody
of a child to exert all efforts using tri-media and any other possible means to locate the biological parents of the child and seek their consent. If such efforts fail,
the child shall, if applicable, be registered as a foundling and subsequently be the subject of administrative proceedings where said child shall be declared
abandoned: Provided, That if the adoptee is an adult, the biological parent search is at the discretion of the adoptee.
SECTION 21. Who May Adopt. — The following may adopt:
(a) Any Filipino citizen at least twenty-five (25) years of age, who is in possession of full civil capacity and legal rights; has not been convicted of any
crime involving moral turpitude; is of good moral character and can model the same; is emotionally and psychologically capable of caring
for children; at least sixteen (16) years older than the adoptee; and who is in a position to support and care for adopted children in keeping
with the means of the family: Provided, That the requirement of sixteen (16)-year difference between the age of the adopter and the adoptee
may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent;
(b) The legal guardian with respect to the ward after the termination of the guardianship and clearance of financial accountabilities;
(c) The foster parent with respect to the foster child;
(d) Philippine government officials and employees deployed or stationed abroad: Provided, That they are able to bring the child with them; and
(e) Foreign nationals who are permanent or habitual residents of the Philippines for at least five (5) years possessing the same qualifications as above
stated for Filipino nationals prior to the filing of the petition: Provided, That they come from a country with diplomatic relations with the
Republic of the Philippines and that the laws of the adopter's country will acknowledge the Certificate of Adoption as valid, acknowledge
the child as a legal child of the adopters, and allow entry of the child into such country as an adoptee: Provided, further, That requirements
of residency may be waived for the following:
(1) A former Filipino citizen, habitually residing in the Philippines, who seeks to adopt a relative within the fourth (4th) civil degree of
consanguinity or affinity; or
(2) One who seeks to adopt the legitimate child of the Filipino spouse; or
(3) One who is married to a Filipino citizen and seeks to adopt jointly with the spouse a relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse.
Spouses shall jointly adopt, except in the following cases:
(a) If one spouse seeks to adopt the legitimate child of the other; or
(b) If one spouse seeks to adopt own illegitimate child: Provided, That the other spouse has signified consent thereto; or
(c) If the spouses are legally separated from each other.
SECTION 22. Who May be Adopted. — The following may be adopted:
(a) Any child who has been issued a CDCLAA;
(b) The legitimate child of one spouse by the other spouse;
(c) An illegitimate child by a qualified adopter to improve status of legitimacy;
(d) A Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child for a
period of at least three (3) years;
(e) A foster child;
(f) A child whose adoption has been previously rescinded;
(g) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of
death of said parents; or
(h) A relative of the adopter.
 SECTION 23. Whose Consent is Necessary to the Adoption. — After being properly counseled and informed of the right to give or withhold approval
of the adoption, the written consent of the following to the adoption are hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parents of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child,
except in the case of a Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated as their own
child by the adopters for at least three (3) years;
(c) The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;
(d) The illegitimate children, ten (10) years of age or over, of the adopter if living with said adopter or over whom the adopter exercises parental
authority and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
Provided, That children under ten (10) years of age shall be counseled and consulted, but shall not be required to execute written consent.
SECTION 24. Documentary Requirements. — The PAPs shall attach the following to the Petition for Adoption and shall submit the same to the
RACCO:
(a) Home study report and child case study report duly prepared pursuant to the provisions of this Act, which requires a uniform and standardized
format of the report;
(b) Authenticated or security paper copies of birth record of the PAPs and the child;
(c) Authenticated or security paper copies of Marriage Certificate, if the PAPs are married; or Court Decision or Certificate of Finality, if annulled,
divorced or legally separated;
(d) National Bureau of Investigation (NBI) or Police Clearance; If foreign national, clearance from police authorities where he or she has lived for
more than twelve (12) months any time in the past fifteen (15) years;
(e) Written consent to the adoption by the biological parent(s) or the person(s) exercising substitute parental authority over the child and the written
consent of the child if at least ten (10) years old, signed in the presence of an adoption social worker of the NACC or child-caring agency,
or of the child-placing agency for cases where the child is from a foster home, after proper counseling as prescribed in this Act;
(f) Authenticated or security paper copies of the Death Certificate of biological parents, as applicable;
(g) Original copy of CDCLAA, as applicable;
(h) Result of the recent medical evaluation of the child and the PAPs;
(i) Mandatory result of the psychological evaluation of the PAPs;
(j) Mandatory result of the psychological evaluation of the child, for children five (5) years old and above;
(k) Child care plan with a list of at least three (3) temporary custodian of the child in order of preference in case of death, absence or incapacity of the
PAPs;
(l) Letter attesting to the character and general reputation of the PAPs from at least three (3) non-related character references, of whom one must
preferably come from an employer or supervisor or with whom the PAPs have business dealings. The contact details of the person attesting
must be so indicated in the letter;
(m) Recent close-up and whole-body pictures of the child and the PAPs taken within the last six (6) months; and
(n) Documents showing the financial capacity of the PAPs.
The NACC shall formulate and produce official, uniform, and standard forms of the foregoing documentary requirements that will be easily used and
submitted by the PAPs for their Petition for Domestic Adoption.
The documentary requirements previously submitted to the NACC for other child care services may be considered and admitted for domestic
administrative adoption, if applicable: Provided, That the adoption social worker of the NACC, LGU, and child-caring or child-placing agencies are not precluded
from asking for additional documents as may be necessary as proof of the facts alleged in the petition or to establish a factual claim.
ARTICLE IV
Procedure
SECTION 25. Case Study. — No Petition for Adoption shall be processed by the NACC or its RACCOs unless an adoption social worker of the
NACC, the social service office of the LGU, or any child-placing or child-caring agency, has made a case study of the adoptee, the biological parents as well as
the adopters, and has submitted the report and recommendations on the matter to the respective RACCO as among the supporting documents of the petition, and
the NACC for the issuance of the Certificate of Adoption.
At the time of preparation of the prospective adoptive child's case study, the concerned adoption social worker shall confirm with the Philippine
Statistics Authority (PSA) the real identity and registered name of the prospective adoptee. If the birth of a prospective adoptee was not registered with the PSA, it
shall be the responsibility of the said social worker to ensure that said prospective adoptee is registered.
The case study on the prospective adoptive child shall establish that said child is legally available for adoption and that the documents to support this
fact are valid and authentic.
Further, the case study of the prospective adopters shall ascertain their genuine intentions and that the adoption is in the best interest of the child. If the
adoption social worker determines that the adoption shall redound to the best interest of the child, a recommendation shall be made to the RACCO or the NACC
for the petition to be granted; otherwise, a denial thereof shall be recommended. Upon discovery of new information that would warrant denial of the petition to
protect the best interest of the child, the said social worker is duty bound to report the same to the RACCO or the NACC.
The case studies and other relevant documents and records pertaining to the adoptee and the adoption shall be preserved with confidentiality by the
NACC.
SECTION 26. Matching Process. — There shall be a matching process for cases of legally available children thirty (30) calendar days after the
issuance of the CDCLAA or the next matching conference, whichever is applicable. The matching of the child to approved PAPs shall be carried out during the
regular matching conference by the Matching Committee in the regional level, the RCPC under the RACCOs: Provided, That interregional matching, which shall
be monitored and supervised by the Deputy Director for Services, may be conducted upon recommendation of the Executive Director, at any time, depending on
the number of children declared legally available for adoption and the number of approved PAPs. Subject to the approval of the NACC, the RCPC shall fix its
own internal rules and procedures. However, the records of the children and the approved PAPs not matched after two (2) presentations in the regional level shall
be forwarded to the NACC for inclusion in the interregional matching presentation: Provided, That children with special needs shall be immediately forwarded if
not matched in the first meeting, except under special circumstances. The matching proposal made by the RCPC shall be approved by the NACC, through the
Executive Director.
Cases of step-parent adoption, relative adoption, and adult adoption, shall not undergo the matching process: Provided, That the child and the PAPs
have been living in one household for not less than two (2) years.
SECTION 27. Personal Appearance of Prospective Adoptive Parents. — To further ascertain fitness, qualifications, good intentions, and sincerity of
PAPs, the handling RACCO shall require PAPs to personally appear before it at least twice during the application period and on specific dates to be determined by
the same.
SECTION 28. Issuance of Pre-Adoption Placement Authority (PAPA). — Once a child is matched to an approved PAPs and was subsequently
accepted, the NACC through the RACCO shall authorize the pre-adoption placement of the child to the PAPs if recommended by the appropriate social worker
that there is a need for supervised trial custody prior to the filing of Petition for Adoption, and in cases when there is no decision on the Petition for Adoption
within sixty (60) calendar days from the receipt of the Deputy Director for Services of the positive recommendation of the RACCO on the petition, through no
fault or negligence on the part of the PAPs.
In cases of adult or relative adoption, the PAPs shall automatically be issued a PAPA without undergoing the matching process.
SECTION 29. Supervised Trial Custody (STC). — Upon the recommendation of the adoption social worker of the need for STC, and after the
matching process and issuance of the PAPA, the NACC through the RACCO shall give the adopters an STC over the adoptee for a period of not more than six (6)
months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. The STC shall be
supervised and monitored monthly by the adoption social worker who prepared the child case study and home study report, and who shall submit a report
regarding the placement.
The PAPs shall assume all the responsibilities, rights, and duties to which the biological parents are entitled from the date the adoptee is placed with the
prospective adopters.
The STC may be waived in all cases of stepchild, relative, infant, or adult adoptions, as assessed and recommended by the adoption social worker.
Further, for regular cases, the STC may be reduced or waived depending on the assessment and recommendation of the adoption social worker, and the
express consent of the PAPs.
For independently placed cases, the adoption social worker shall prepare one post-placement report recommending the qualified adoptive parents to
continue their parental obligations towards the child or adoptee.
SECTION 30. Petition for Administrative Adoption. — The thriving parent-child relationship during the said STC, if recommended, as substantiated by
the monthly monitoring report of the adoption social worker, shall give rise to the filing of a Petition for Adoption.
In all cases, the Petition for Adoption shall be prepared and signed by the petitioner or PAPs. The said petition shall state the facts necessary to
establish the merits of the petition. The petitioners must specifically allege that they are at least twenty-five (25) years of age, in possession of full civil capacity
and legal rights; of good moral character; have not been convicted of any crime involving moral turpitude; are emotionally and psychologically capable of caring
for children; are at least sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee's parent;
and are in a position to support and care for their children in keeping with the means of the family and have undergone pre-adoption services. The petition should
also indicate the new name the petitioner wishes the child to have, if any.
The petition shall be in the form of an affidavit and shall be subscribed and sworn to by the petitioners before any person authorized by law to
administer affirmations and oaths.
No subsequent petition involving the same PAPs shall be entertained unless the prior petition has attained finality.
SECTION 31. Where to File the Petition. — The petition together with complete and original supporting documents shall be filed by the petitioners
with the RACCO of the city or municipality where the PAPs reside.
Upon receipt by the RACCO of the petition and its supporting documents, a copy of the petition shall be published once a week for three (3) successive
weeks in a newspaper of general circulation.
SECTION 32. Administrative Adoption Process. — In all proceedings for adoption, the NACC shall decide on the basis of all the documents presented
to it, as well as the evidence gathered during the personal interviews conducted by the RACCO with the handling adoption social worker, PAPs, and the adoptee.
There shall be no adversarial proceedings and all domestic adoption cases shall be decided within sixty (60) calendar days from the receipt of the Deputy Director
for Services of the recommendation of the RACCO on the petition.
The NACC, in the exercise of its quasi-judicial powers, shall observe and comply with the following administrative domestic adoption process:
(a) Within fifteen (15) working days from the filing of the Petition for Adoption by the PAPs, the RACCO shall determine whether the PAPs have
complied with the substantive and procedural requirements for domestic adoption by extensively reviewing and examining the petition and
its supporting documents, as well as conducting personal interviews with the handling adoption social worker, the PAPs, and the
adoptee: Provided, That should the RACCO require the PAPs to submit additional information or documents, the said fifteen (15)-day
period shall be suspended;
(b) Should the RACCO find that the PAPs sufficiently complied with the requirements under this Act, it shall issue a certification attesting to the same,
render a recommendation on whether to grant or deny the Petition for Adoption, and forward the same to the Deputy Director for Services
within the said fifteen (15)-day period, excluding the periods of suspension;
(c) The Deputy Director for Services, who may consult the CPC consultants, as may be necessary, shall review the recommendation of the RACCO
within fifteen (15) working days from receipt thereof and either:
(1) return it to the RACCO for further examination with a written explanation of its insufficiency; or
(2) forward the Petition for Adoption to the Executive Director for final approval.
(d) In case the petition is returned by the Deputy Director for Services to the RACCO, the latter shall address the concerns raised by the Deputy
Director for Services within fifteen (15) working days from receipt thereof;
(e) When the petition is forwarded by the Deputy Director for Services to the Executive Director, the latter shall act and decide on the recommendation
within fifteen (15) working days from receipt thereof. However, if within the fifteen (15)-day period, the Executive Director finds that there
is a need to return the petition to the RACCO for submission of additional information and documents or conduct of further investigation, as
may be necessary, the action of the RACCO on the returned petition and finally deciding on whether to grant or deny the petition by the
Executive Director should be settled within fifteen (15) working days from the day the Executive Director returns the same to the RACCO,
except when the information and documents needed are of such nature that cannot be easily obtained by the PAPs;
(f) In cases when there is no decision on the petition within sixty (60) calendar days from the receipt of the Deputy Director for Services of the
recommendation of the RACCO on the petition, through no fault or negligence on the part of the PAPs, the latter may apply for a PAPA, if
none has been issued yet, with the Executive Director, through the RACCO, for the temporary placement of the child;
(g) If the Executive Director returns the petition or documents for further investigation to the RACCO, during the period that the child is under the
custody of the PAPs, the child will remain with the PAPs, taking into consideration the child's best interests: Provided, That if the Executive
Director issues a denial on the petition, the child will be immediately removed by the RACCO from its temporary placement with the PAPs.
SECTION 33. Objection to the Petition. — Any person who has personal knowledge of any information, which by ordinary diligence could not be
discovered, and which when introduced and admitted, would result in the denial of the petition and protect the child from possible harm or abuse may, at any time
during the STC or before the issuance of the Order of Adoption, interpose an objection to the petition and file a complaint supported by evidence to that effect,
with the NACC, through the RACCO where the petition was filed. The complaint will be subjected to verification and further investigation.
SECTION 34. Order of Adoption. — If the STC, as may be applicable, is satisfactory to the parties and the NACC is convinced that, from the trial
custody report, the petition and its supporting documents including the STC report if applicable, that the adoption shall redound to the best interest of the child or
prospective adoptee, the NACC through the Executive Director, shall issue an Order of Adoption which is a registrable civil registry document stating the name
by which the child shall be known and shall likewise direct the following to perform the actions as stated:
(a) The adopter to submit a certified true copy of the Order of Adoption to the Civil Registrar where the child was originally registered within thirty
(30) calendar days from receipt of the Order of Adoption; and
(b) The Civil Registrar of the place where the adoptee was registered:
(1) To seal the original birth record in the civil registry records which can be opened only upon order of the NACC; and
(2) To submit to the NACC proof of compliance with all the foregoing within thirty (30) calendar days from receipt of the Order of
Adoption.
An Order of Adoption obtained under this Act shall have the same effect as a Decree of Adoption issued pursuant to the Domestic Adoption Act of
1998. A motion for reconsideration may be filed before the NACC, through the Executive Director, within fifteen (15) calendar days from an Order denying the
adoption.
 SECTION 35. Judicial Recourse. — Orders of Adoption may be appealed before the Court of Appeals within ten (10) days from receipt of the Order
by the interested party, or from the denial of the motion for reconsideration; otherwise, the same shall be final and executory. Rule 43 of the 1997  Rules of Civil
Procedure, as amended, shall have suppletory application.
SECTION 36. Benefits of Adoptive Parents. — The adoptive parents shall enjoy all the benefits entitled to biological parents, including benefits that
can be availed through the Social Security System (SSS), Government Service Insurance System (GSIS), Department of Labor and Employment (DOLE), Bureau
of Internal Revenue (BIR), Philippine Health Insurance Corporation (PhilHealth), Health Maintenance Organization (HMO) providers, among others, or through
other existing laws from the date the Order of Adoption was issued to the adoptive parent. Adoptive parents may avail of paid maternity and paternity leaves as
provided for under existing laws for biological parents: Provided, That the leave benefits in this paragraph shall only be availed of by the adoptive parents within
one (1) year from the issuance of the Order of Adoption: Provided, further, That the leave benefits in this paragraph shall not apply in cases of adult adoptions,
and in all cases where the adoptive child has been in the care and custody of the adoptive parent for at least three (3) years before the issuance of the Order of
Adoption by the NACC.
SECTION 37. Civil Registry Record. — An amended certificate of birth shall be issued by the civil registry, pursuant to the Order of Adoption,
attesting to the fact that the adoptee is the child of the adopter by being registered with the adopter's surname. The original birth record shall be stamped
"cancelled" with the annotation of the issuance of an amended birth certificate in its place and shall be sealed in the civil registry records. The new birth certificate
to be issued to the adoptee shall not bear any notation that it is an amended issue.
SECTION 38. Database. — The NACC shall keep a database showing the date of issuance of the Order in each case, compliance by the Local Civil
Registrar with the preceding section and all incidents arising after the issuance of the Order of Adoption. This database shall be governed by the provision on the
succeeding section, as well as the provisions of Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012."
SECTION 39. Confidentiality. — All petitions, documents, records, and papers relating to administrative adoption proceedings in the files of the city
or municipal SWDOs, the RACCOs, the NACC, the DSWD, or any other agency or institution participating in such proceedings shall be kept strictly confidential.
If the disclosure of certain information to a third person is necessary for security reasons or for purposes connected with or arising out of the administrative
adoption and will be for the best interest of the adoptee, the Executive Director of the NACC may, upon appropriate request, order the necessary information
released, restricting the purposes for which it may be used and in accordance with the existing laws on data privacy.
In any event, the disclosure of any information shall only be allowed upon the order of the Executive Director, based on the written request of the
adoptee or in the case of a minor adoptee, his or her legal guardian or the adoptive parent or upon order of any lawful authority.
Any violation of the confidential nature of the records abovementioned shall be punishable pursuant to the penal provisions of this Act, Republic Act
No. 10173 or other relevant laws.
No copy thereof as well as any information relating hereto shall be released without written authority from the NACC or the written request of any of
the following:
(a) The adopted child, with appropriate guidance and counseling, or a duly authorized representative, spouse, parent, direct descendant, guardian, or
legal institution legally in charge of the adopted person, if minor;
(b) The court or proper public official whenever necessary in an administrative, judicial, or other official proceeding to determine the identity of the
parent or parents or of the circumstances surrounding the birth of the adopted child; or
(c) The nearest kin, in case of death of the adopted child.
The NACC shall ensure that information held by them concerning the origin of the adopted child, in particular the identity of the biological parents, is
preserved.
SECTION 40. Assistance to Indigent PAPs. — Socialized fees may be charged to those who avail of the administrative adoption proceedings under
this Act.
The Public Attorney's Office (PAO) shall provide free legal assistance including notarization of documents related thereto whenever warranted for
qualified PAPs.
ARTICLE V
Effects of Adoption
SECTION 41. Legitimacy. — The adoptee shall be considered the legitimate child of the adopter for all intents and purposes and as such is entitled to
all the rights and obligations provided by law to legitimate children born to them without discrimination of any kind. To this end, the adoptee is entitled to love,
guidance, and support in keeping with the means of the family. The legitimate filiation that is created between the adopter and adoptee shall be extended to the
adopter's parents, adopter's legitimate siblings, and legitimate descendants.
The adopter is also given the right to choose the name by which the child is to be known, consistent with the best interest of the child.
SECTION 42. Parental Authority. — Upon issuance of the Order of Adoption, adoption shall cease as alternative care and becomes parental care.
Adoptive parents shall now have full parental authority over the child. Except in cases where the biological parent is the spouse of the adopter, all legal ties
between the biological parents and the adoptee shall be severed and the same shall then be vested on the adopters.
In case spouses jointly adopt or one spouse adopts the legitimate child of the other, joint parental authority shall be exercised by the spouses.
SECTION 43. Succession. — Intestate and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without
distinction from legitimate filiations. However, if the adoptees and their biological parents have left a will, the law on testamentary succession shall govern.
ARTICLE VI
Post Adoption Services
SECTION 44. Preliminaries to Adoption Telling. — The adoption social worker handling the adopted child's case shall assist the adoptive parents in
disclosing to the child the story about the adoption at an age deemed proper by psychosocial standards: Provided, That the actual disclosure regarding the adoption
shall be the duty of the adoptive parents.
SECTION 45. Search or Tracing of Biological Family. — Upon reaching the age of majority, the assistance of the NACC, LGU, or the concerned
child-caring or child-placing agency may be sought to trace the adoptee's biological family and eventually have a face-to-face meet-up. The right of the adoptee to
identity shall take precedence over any other considerations: Provided, That the adoptee, adoptive parents, and biological parents received adequate preparation
from an adoption social worker regarding the said meetup.
SECTION 46. After-care Monitoring and Submission of Report. — Upon finalization of the adoption and the receipt of the amended birth certificate of
the child, the NACC shall monitor the parent-child relationship to ensure that the adoption has redounded to the best interest of the child. A Closing Summary
Report shall be prepared by the handling adoption social worker and submitted to the NACC after completing the after-care monitoring to the adopters and
adoptees after the one (1)-year period. Depending on the age and circumstances of the child, the NACC may require additional visits or reporting after the one (1)-
year period.
SECTION 47. Grounds for Rescission of Administrative Adoption. — The adoption may be rescinded only upon the petition of the adoptee with the
NACC, or with the assistance of the SWDO if the adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is incapacitated or by his or
her guardian on any of the following grounds committed by the adopter(s):
(a) Repeated physical or verbal maltreatment by the adopter despite having undergone counseling;
(b) Attempt on the life of the adoptee;
(c) Sexual abuse or violence; or
(d) Abandonment and failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for
causes provided in Article 919 of the Civil Code of the Philippines.
 SECTION 48. Venue. — The petition shall be filed with the RACCO where the adoptee resides.
SECTION 49. Time within Which to File Petition for Rescission. — Upon existence of any ground or grounds mentioned in Section 47 of this Act, the
adoptee or the adoption social worker must file the petition for rescission of adoption before the NACC.
SECTION 50. Order to Answer. — The NACC shall issue an order requiring the adverse party to answer the petition for rescission within fifteen (15)
days from receipt of a copy thereof. The order and copy of the petition shall be served on the adverse party in such manner as the NACC may direct.
SECTION 51. Decision. — If the NACC finds that the allegations of the petition for rescission are true, it shall render a decision ordering the
rescission of administrative adoption, with or without costs, as justice requires. The NACC shall:
(a) Order that the parental authority of the biological parent of the adoptee be restored, upon petition of the biological parents and if in the best interest
of the child, if the adoptee is still a minor or incapacitated, and declare that the reciprocal rights and obligations of the adopter and the
adoptee to each other shall be extinguished. If the biological parent of the adoptee has not filed a petition for restoration of parental
authority, or is not known, or if restoring the parental authority over the adoptee is not to the latter's best interest, the NACC shall take legal
custody over the adoptee if still a child;
(b) Declare that successional rights shall revert to its status prior to adoption, as of the date of decision. Vested rights acquired prior to administrative
rescission shall be respected;
(c) Order the adoptee to use the name stated in the original birth or foundling certificate; and
(d) Order the Civil Registrar where the adoption order was registered to cancel the new birth certificate of the adoptee and reinstate the original birth or
foundling certificate.
SECTION 52. Service of Decision. — A certified true copy of the decision shall be served by the petitioner upon the Civil Registrar concerned within
thirty (30) days. The Civil Registrar shall forthwith enter the rescission order in the register and submit proof of compliance to the NACC within thirty (30) days
from receipt of the order.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Revised Penal Code and special laws
if the criminal acts are properly proven.
SECTION 53. Effects of Rescission. — If the petition for rescission of adoption is granted, the legal custody of the NACC shall be restored if the
adoptee is still a child. The reciprocal right and obligations of the adopters and the adoptee to each other shall be extinguished.
In cases when the petition for rescission of adoption is granted and the biological parents can prove that they are in a position to support and care for
the child and it is in the child's best interest, the biological parents may petition the NACC for the restoration of their parental authority over the child.
The NACC shall order the Civil Registrar General to cancel the amended birth certificate and restore the original birth certificate of the adoptee.
Succession rights shall revert to its status prior to adoption, but only as of the date of the approval of the petition for rescission of adoption. Vested
rights acquired prior to rescission shall be respected.
All the foregoing effects of rescissions of adoption shall be without prejudice to the penalties imposed under the  Revised Penal Code if the criminal
acts are properly proven.
ARTICLE VII
Violations and Penalties
SECTION 54. Violations and Penalties. —
(a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years or a fine of not less than Fifty thousand pesos
(P50,000.00), but not more than Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court shall be imposed on any person who shall
commit any of the following acts:
(1) Obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts;
(2) Noncompliance with the procedures and safeguards provided by the law for adoption; or
(3) Subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under the name of a person who is not the child's biological parent shall
be guilty of simulation of birth, and shall be imposed the penalty of imprisonment from eight (8) years and one (1) day to ten (10) years and a fine not exceeding
Fifty thousand pesos (P50,000.00).
(c) Any physician, midwife, nurse, or hospital personnel who, in violation of their oath of profession, shall cooperate in the execution of the
abovementioned crime shall suffer the penalties herein prescribed as well as the penalty of permanent disqualification from the practice of profession following
relevant prescriptions of the law and governing authorities.
(d) Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents, and communications of
adoption petitions, cases, and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years, or a fine of not less
than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), or both, at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated offense under this Article shall be imposed upon the principals of the
attempt to commit any of the acts herein enumerated. Acts punishable under this Article, when committed by a syndicate and where it involves a child shall be
considered as an offense constituting child trafficking and shall merit the penalty of imprisonment from twenty (20) years and one (1) day to forty (40) years.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another in carrying out any of the unlawful acts defined under this Article.
An offender who is a foreign national shall be deported immediately after service of sentence and perpetually denied entry to the country.
Any government official, employee, or functionary who shall be found guilty of violating any of the provisions of this Act, or who shall conspire with
private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations:  Provided,
That upon the filing of a case, either administrative or criminal, said government official, employee, or functionary concerned shall automatically be suspended
until the resolution of the case.
Under this Act, adoption discrimination acts, including labelling, shaming, bullying, negative stigma, among others, are prohibited. Any person who
shall commit said adoption discrimination acts shall be penalized with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Twenty thousand
pesos (P20,000.00), at the discretion of the court.
ARTICLE VIII
Final Provisions
SECTION 55. Information Dissemination. — The NACC, in coordination with the DILG, Department of Education (DepEd), Department of Justice
(DOJ), Department of Health (DOH), Council for the Welfare of Children (CWC), Philippine Information Agency (PIA), Civil Service Commission (CSC), GSIS,
Association of Child Caring Agencies of the Philippines (ACCAP), Leagues of Cities and Municipalities of the Philippines, NGOs focused on child care, and the
media, shall disseminate to the public information regarding this Act and its implementation and ensure that adoption and alternative child care are portrayed on
mass media truthfully and free from stigma and discrimination.
The PIA shall strive to rectify mass media portrayals that adopted children are inferior to other children, and shall enjoin the Kapisanan ng mga
Brodkaster ng Pilipinas, all print media, and various social media platforms to disseminate positive information on adoption.
The DOH shall ensure that hospital workers are knowledgeable on adoption processes and the criminal liability attached to the act of simulating birth
records.
SECTION 56. Transitory Clause. — All judicial petitions for domestic adoption pending in court upon the effectivity of this Act may be immediately
withdrawn, and parties to the same shall be given the option to avail of the benefits of this Act. Upon the effectivity of this Act and during the pendency of the
 establishment of the NACC, the functions relating to foster care, issuance of CDCLAA, and adoptions under Republic Act No. 11222 shall remain with the
DSWD, specifically, its Program Management Bureau (PMB).
In relation to domestic administrative adoption and inter-country adoption processes, a transition team composed of the DSWD and the ICAB shall act
as the NACC. The ICAB Executive Director shall sit as Chairperson of the transition team, assisted by the DSWD-PMB Director as the Vice-Chairperson.
Personnel of the DSWD involved in adoption services may be seconded to the transition team during the three (3)-year period. During this period, social workers
already working with adoption cases may continue to perform all duties assigned to adoption social workers in accordance with the provisions of this Act.
The functions of the RACCO shall, during the three (3)-year period, be performed by the DSWD field offices (FOs), specifically the Adoption
Resource and Referral Units (ARRU) therein. The transition team shall provide technical assistance and policy guidance to personnel of the FOs in handling cases.
A transitory team shall be created from the DSWD and the ICAB to ensure non-disruption of performance of functions and continued smooth delivery of services
during the migration of all alternative child care functions and services to the NACC.
During the transition period, all Orders of Adoption issued and signed by the ICAB Executive Director as chairperson of the transition team, upon the
recommendation of its members, shall be approved by the Secretary of the DSWD, or his representative in the ICAB Board, within a period of ten (10) days from
the issuance of said order: Provided, That if no action was taken by either the Secretary or his representative in the ICAB Board during the prescribed period, the
Order of Adoption shall be deemed approved.
Upon the establishment of the NACC not later than three (3) years from the effectivity of this Act, all applications, submissions, and petitions
involving child care, including the pre-adoption and post-adoption services, pending before the PMB and the ICAB shall be immediately forwarded to the NACC,
which shall perform its functions and powers under this Act. Thereafter, the appropriate personnel of the ICAB and the DSWD involved in alternative child care
services shall be permanently transferred to the NACC. The relevant offices in the regional offices of the DSWD involved in alternative child care shall, hereafter,
be converted into RACCOs.
Upon the effectivity of this Act and before the establishment of the NACC, administrative adoption may be immediately availed of and the necessary
guidelines to make the benefits of this Act immediately operative shall be included in the IRR.
SECTION 57. Designation of the Second Week of June as Adoption and Alternative Child Care Week. — The second week of June of every year shall
be designated as Adoption and Alternative Child Care Week.
SECTION 58. Appropriations. — The amount necessary for the implementation of the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and thereafter.
SECTION 59. Implementing Rules and Regulations (IRR). — The Secretary of the DSWD and the Executive Director of the ICAB, after due
consultation with the PSA, DOJ, DILG, DepEd, DOH, DOLE, NBI, Philippine Association of Civil Registrars, Juvenile Justice and Welfare Council (JJWC),
National Council on Disability Affairs (NCDA), DFA, PhilHealth, SSS, GSIS, CWC and the Office of the Solicitor General, and two (2) private individuals
representing child-placing and child-caring agencies shall, within six (6) months from the effectivity of this Act, formulate the necessary guidelines to make the
provisions of this Act operative: Provided, That guidelines to operationalize Section 56 of this Act shall be enacted within three (3) months from the effectivity of
this Act.
SECTION 60. Saving Clause. — Nothing in this Act shall affect any right of an adoptee acquired by judicial proceeding or otherwise before the
commencement of this Act.
SECTION 61. Separability Clause. — If any provision or part of this Act is declared unconstitutional or invalid, the remaining parts or provisions not
affected shall remain in full force and effect.
SECTION 62. Repealing Clause. — Republic Act No. 8552 and Republic Act No. 9523 are hereby repealed, and Republic Act No. 8043, Republic Act
No. 11222, and Republic Act No. 10165 are amended accordingly. All laws, decrees, letters of instruction, executive issuances, resolutions, orders or parts thereof
which are inconsistent with the provisions of this Act are hereby repealed, modified, or amended accordingly.
SECTION 63. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general
circulation.
|||  (Domestic Administrative Adoption and Alternative Child Care Act, Republic Act No. 11642, [January 6, 2022])
 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11642, THE DOMESTIC ADMINISTRATIVE ADOPTION
AND ALTERNATIVE CHILD CARE ACT

Pursuant to Section 59 of Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act, the following
Implementing Rules and Regulations are hereby promulgated:
ARTICLE I
General Provisions
SECTION 1. Title. — These Rules and Regulations shall be known and cited as the Implementing  Rules and Regulations (IRR) of Republic Act
No. 11642 (R.A. No. 11642), also known as the Domestic Administrative Adoption and Alternative Child Care Act.
SECTION 2. Declaration of Policies. — It is hereby declared the policy of the State to ensure that every child remains under the care and custody of
the parents and be provided with love, care, understanding, and security towards the full and harmonious development of the child's personality. Only when such
efforts prove insufficient and no appropriate placement or adoption within the child's extended family is available shall adoption by an unrelated person be
considered.
The best interest of the child shall be the paramount consideration in the enactment of alternative child care, custody, and adoption policies. It shall be
in accordance with the tenets set forth in all the rights of the child enumerated under Article 3 of Presidential Decree No. 603, otherwise known as the "Child and
Youth Welfare Code"; the "United Nations Convention on the Rights of the Child (UNCRC)"; the "United Nations Guidelines on Alternative Care of Children";
the "United Nations Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement
and Adoption, Nationally and Internationally"; and the "Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption."
Toward this end, the State shall:
(a) Ensure that a child without parental care, or at risk of losing it, is protected and provided with alternative care options such as adoption and foster
care;
(b) Establish alternative child care standards to ensure that the quality of life and living conditions set are conducive to the child's development;
(c) Safeguard the biological parents from making hasty decisions to relinquish parental authority over the child;
(d) Prevent unnecessary separation of the child from the biological parents;
(e) Protect the adoptive parents from attempts to disturb their parental authority and custody over the adopted child;
(f) Conduct public information and educational campaigns to promote a positive environment for adoption;
(g) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries, process domestic adoption
petitions, and offer adoption-related services, including pre-adoption and post-adoption services, for the biological parents, children, and
adoptive parents;
(h) Encourage domestic adoption so as to preserve the child's identity and culture in the child's native land, and only when this is not feasible shall
intercountry adoption be considered; and
(i) Establish a system of cooperation with the Inter-Agency Council Against Trafficking (IACAT), to prevent the sale, trafficking, and abduction of
children and to protect Filipino children abandoned overseas who are made vulnerable by their irregular status.
No child shall be a subject of administrative adoption unless the status of the child has been declared legally available for adoption except in cases of
relative, adult adoption, or step-parent adoption where such declaration is not required. Independent placement cases, or the entrustment of a child by the birth
parents to a relative or another person without seeking intervention from the government, non-government organization, or any social worker, will be covered by
the provisions of the Act if the child is already in the custody of their custodian before the effectivity of R.A. No. 11642.
It is hereby recognized that the administrative adoption processes for the cases of legally available children, relative, stepchild, and adult adoptees are
the most expeditious proceedings that will redound in their best interest.
SECTION 3. Objectives. — The Act, through these IRR, shall provide for and allow simpler and inexpensive domestic administrative adoption
proceedings and shall streamline services for alternative child care. Pursuant to this, it shall create the National Authority for Child Care (NACC), which shall
exercise all powers and functions relating to alternative child care including, declaring a child legally available for both domestic administrative adoption and
intercountry adoption, foster care, kinship care, family-like care, or residential care.
SECTION 4. Definition of Terms. — For purposes of R.A. No. 11642 and these IRR, the following terms are defined:
(a) Act refers to Republic Act No. 11642, otherwise known as the Domestic Administrative Adoption and Alternative Child Care Act;
(b) Abandoned child refers to a child who has no proper parental care or guardianship for at least three (3) continuous months, and has been declared as
such by the NACC or a foundling, or a deserted or abandoned child or infant with unknown facts of birth and parentage found in the
Philippines and/or Philippine embassies, consulates and territories abroad;
(c) Abandoned Filipino child in a foreign country refers to an unregistered or undocumented child found outside the Philippine territory and/or in
Philippine embassies, consulates, and territories abroad, with known or unknown facts of birth, separated from or deserted by the biological
Filipino parent, guardian, or custodian for a period of at least three (3) continuous months and committed to a foreign orphanage or
charitable institution or in temporary informal care, and has been declared as such by the NACC, upon recommendation of the Office of the
Social Welfare Attaché (OSWA) of the Department of Migrant Workers (DMW) or the Department of Foreign Affairs (DFA);
(d) Accreditation of Local Child Caring Agency/Child Placing Agency refers to the recognition of a child-caring/child-placing program that such is
implemented by a social welfare and development agency in compliance with appropriate standards evidenced by a Certificate of
Accreditation issued by the Department of Social Welfare and Development;
(e) Accreditation of a Foreign Adoption Agency refers to the recognition granted by either the Inter-Country Adoption Board (ICAB) or its successor,
the National Authority for Child Care (NACC), to a Foreign Adoption Agency duly licensed by the state welfare authority in a Contracting
State as meeting the official and Hague requirements to participate in the Philippine Inter-Country Adoption Program;
(f) Actual custodian refers to the guardian or spouses who raised a child or person and consistently treated the child or persons as their own before and
even beyond the age of majority;
(g) Adoption refers to the socio-legal process of providing a permanent family to a child whose parents had voluntarily or involuntarily given up their
parental rights, permanently transferring all rights and responsibilities, along with filiation, making the child a legitimate child of the
adoptive parents: Provided, That adult adoption shall be covered by the benefits of R.A. No. 11642.
In the interest of clarity, the adoption shall cease to be part of alternative child care and shall become parental care as soon as the process is
completed;
(h) Adoption case from the court refers to an adoption case, regardless of category and stage of the proceeding, filed in court but duly withdrawn by the
PAP/s or dismissed by the court for purposes of availing of the benefits of R.A. No. 11642;
(i) Adoption para-social worker refers to an unregistered and unlicensed social work practitioner who ideally has three (3) years of experience in
handling alternative child care or adoption cases, or both and, in the absence of experience, in adoption and alternative child care, one with
at least two (2) years experience in the field of social work;
(j) Adoption social worker refers to an individual who is registered and licensed by the Professional Regulation Commission (PRC), in accordance
with R.A. No. 4373, as amended, or the "An Act to Regulate the Practice of Social Work and the Operation of Social Work Agencies in the
Philippines and for Other Purposes" and who ideally has three (3) years of experience in handling alternative child care or adoption cases,
or both, and duly accredited by the NACC. For purposes of the Act, in the event that an adoption social worker is not available, an adoption
para-social worker shall be allowed to render the services required: Provided, That only duly registered and licensed social workers shall
sign and submit the pertinent documents;
(k) Adult adoption refers to the adoption of a person who is of legal age and has been under the care and custody of the prospective adoptive parents at
least three (3) years before reaching the age of majority and was treated as their own child;
(l) Applicant/s refers to a person or spouses who signified interest to apply, individually or jointly, as adoptive/foster parents by submitting an
application, with the required supporting documents;
(m) Alternative child care refers to the provision of planned substitute parental care by a child-caring or child-placing agency to a child who is
orphaned, abandoned, neglected, or surrendered. This may include foster care, kinship care, family-like care, and residential care.
Alternative child care will also be provided to abused and exploited children, children with disabilities, children living with HIV/AIDS,
victims of trafficking, physical, psychological and sexual abuse, offline and online sexual exploitation, children at risk, children in conflict
with the law and children in situations of emergency or crisis and armed conflicts;
(n) Certificate Declaring a Child Legally Available for Adoption (CDCLAA) refers to the final written administrative order issued by the NACC
declaring a child as legally available for adoption. The rights of the biological parents, guardian, or other custodians to exercise parental
authority over the child shall cease upon issuance of the CDCLAA;
(o) Child refers to a person below eighteen (18) years of age or a person eighteen (18) years of age or over but who is unable to fully take care or
protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability or
condition: Provided, That for the purpose of the Act, where relevant, a child shall also refer to an adult son, daughter, or offspring;
(p) Child-caring agency refers to a duly licensed and accredited by the DSWD, that provides twenty-four (24)-hour residential care services for
abandoned, orphaned, neglected, voluntarily committed or involuntarily committed children and other children in need of alternative child
care;
(q) Child case study report refers to a written report prepared by an adoption social worker containing all the necessary information about a child,
including the child's legal status, placement history, past and present biopsychosocial, mental, cognitive, and spiritual development, case
background, ethnocultural background, and biological family background or history. It shall include an assessment of the child's current
functioning and efforts to have the child remain in the care and custody of his/her parents or legal guardian or relative and appropriate
alternative child care options considering the child's best interest;
(r) Child Placement Committee (CPC) refers to the committee under the supervision of the Deputy Director for Services composed of a child
psychiatrist or psychologist, a medical doctor, a lawyer, an adoption social worker, a representative of a non-government organization
(NGO) engaged in child welfare, and any other professional as may be needed, to provide the necessary assistance in reviewing petitions for
adoption and deliberate cases for interregional and intercountry matching. The CPC, for purposes of intercountry adoption, shall accredit
foreign adoption agencies. Regional CPCs shall be organized/created under the supervision of the RACCOs;
(s) Child-placing agency refers to a government or a private non-profit or charitable agency duly licensed and accredited by the DSWD to provide
comprehensive child welfare services including receiving and processing petitions for adoption and foster care, evaluating the prospective
adoptive parent/s (PAP/s) or foster parents, preparing the child case study report and home study report and provide post placement
services. The Local Social Welfare and Development Office (LSWDO) and accredited NGOs and Faith-Based Organizations (FBOs) are
considered child-placing agencies;
(t) Child with special needs refers to a child needing special attention due to health, medical, psychological, cognitive, social reasons, family
background status, age and/or disability;
(u) Database on Adoption and Alternative Child Care refers to the collection of organized information on prospective adoptive and foster parents and
children under adoption and other alternative child care programs.
(v) Deed of Voluntary Commitment (DVC) refers to the notarized instrument relinquishing parental authority and committing the child to the care and
custody of the NACC or child-placing or child-caring agency, executed by the child's biological parents or by the child's legal guardian in
the absence, mental incapacity or death of the biological parents, to be signed in the presence of an authorized representative of the NACC,
or a licensed and accredited CCA/CPA, after counseling and other services have been made available to encourage the child's biological
parents or legal guardian to keep the child;
(w) Domestic adoption refers to an administrative adoption proceeding where the Order of Adoption is issued within the Philippines and is undertaken
between a Filipino child and eligible adoptive parents;
(x) Family-like Care refers to a safe home environment approximating a family setting for orphaned, abandoned, and other vulnerable children who
need temporary parental care. As a matter of policy on deinstitutionalization, children under this type of alternative child care placement
must be placed in a permanent family in accordance with the Act. Provided, further, That a maximum of five (5) children should be
accommodated in one home;
(y) Foreign national refers to any person who is not a Filipino citizen;
(z) Foster care refers to the provision of planned temporary substitute parental care by a foster parent or foster family to a child whose biological
parents are temporarily or permanently unable to care for him/her due to family dysfunction, medical, and economic reasons among others;
(aa) Foster child refers to a child placed under foster care whose needs can be best met in a family;
(bb) Foster parent refers to a person, duly licensed by the NACC to provide foster care, during which supervision is provided by a social worker to
facilitate the child's adjustment and assist in performing foster parenting responsibilities;
(cc) Foundling or a person with no known parents as defined in Republic Act No. 11767, refers to a deserted or abandoned child or infant with
unknown facts of birth and parentage. This shall also include those who have been duly registered as a foundling during his or her
infancy/childhood but have reached the age of majority without benefitting from adoption procedures upon the passage of R.A. No. 11767;
(dd) Home study report refers to a written case study report prepared by an adoption social worker based on a thorough assessment of the motivation
and capacity of the prospective adoptive or foster parents to provide a home that meets the needs of a child and supported by documentary
evidence;
(ee) Independent placement refers to the entrustment of a child by the birth parents to a relative or person without seeking intervention from the
government, non-government organization, or other social workers as defined under Section 2 (i) of R.A. 11642. As a matter of policy,
independent placement shall be considered contrary to the best interest of the child;
(ff) Intercountry adoption refers to the socio-legal process of adopting a child by a foreign national or a Filipino citizen habitually residing outside
Philippine territory which complies with the principles stated in the Hague Convention of 1993;
(gg) Involuntarily committed child refers to one who has been permanently deprived of parental authority and declared as such due to: abandonment;
substantial, continuous, or repeated neglect; abuse or incompetence to discharge parental responsibilities, of known parents;
(hh) Kinship or Relative Foster Care refers to an out-of-home arrangement for full-time care by relatives of the child, other family members within the
fourth degree of consanguinity or affinity, when a child is an orphan or removed from a home due to a safety concern such as abuse,
neglect, exploitation, or abandonment. Kinship care is a type of foster care where a child's identified relative, if eligible, is licensed by the
NACC as a foster parent;
(ii) Local Social Welfare Development Officer (LSWDO) refers to a person who is a duly licensed social worker and appointed by the local chief
executive to head the provincial, city, or municipal social welfare development office which serves as the frontline of the local government
unit (LGU) in the delivery of social welfare and development programs and services. The LSWDO shall designate a senior registered social
worker to manage cases of adoption, foster care, and other alternative child care programs;
(jj) Marital child refers to a child conceived or born during the marriage of the child's parents;
(kk) Matching refers to the judicious selection from the regional, interregional and intercountry levels of a family for a child based on the child's needs
and best interest as well as the capability and commitment of the adoptive/foster parents to provide such needs and promote a mutually
satisfying parent-child relationship;
(ll) Media refers to traditional media (newspaper of general circulation in the locality), radio in the locality, television, and social media.
(mm) National Authority for Child Care (NACC) refers to the one-stop quasi-judicial agency on domestic and alternative child care, attached to the
DSWD and acts as the Central Authority for all alternative child care programs including domestic and intercountry adoption. It is
composed of a Council and a Secretariat headed by an Executive Director;
(nn) NACC Transition Team refers to the team composed of the ICAB Executive Director as chair and the DSWD PMB-Director as vice-chair, which
will provide technical assistance and policy guidance, and personnel from the DSWD and ICAB who will ensure non-disruption of
performance of functions and continued smooth delivery of services during migration of all alternative child care functions to the NACC;
(oo) Neglected child refers to a child whose physical and emotional needs have been deliberately unattended or inadequately attended to within a
period of three (3) continuous months. A child is unattended when left without proper provisions or proper supervision;
(pp) Non-marital child refers to a child conceived and born outside of a valid marriage;
(qq) Petition refers to the affidavit that is subscribed and sworn to by the applicant/s before any person authorized by law to administer affirmation and
oath as may be filed under the Rules;
(rr) Placement refers to the physical entrustment of the child with the foster parent/s or to the adoptive parent/s after both the child and parents have
been prepared by a social worker. It consists of a process of preparation (social, psychological, and physical) of both the child and
prospective adoptive or foster parents to ensure a smooth transition and establishment of a parent-child relationship. The placement shall be
supported by a Pre-Adoption Placement Authority (PAPA) or a Foster Placement Authority (FPA);
(ss) Post-adoption services refer to psychosocial services and support services provided by adoption social workers after the issuance of the Order of
Adoption and Certificate of Finality by the NACC or its equivalent;
(tt) Pre-Adoption Placement Authority (PAPA) refers to a document issued by the NACC or the RACCO authorizing/confirming the placement of a
child with the adoptive applicant/s;
(uu) Prospective Adoptive Parent (PAP) refers to an individual who has filed a petition for administrative adoption;
(vv) Regional Alternative Child Care Office (RACCO) refers to the Regional Offices of the NACC created from the Adoption Resource and Referral
Units (ARRU) of the DSWD Field Offices. They are tasked to ensure a well-functioning system of receipt of local applications to adopt or
to foster, local petitions for CDCLAA and adoption, and other requests regarding alternative placement and well-being of children;
(ww) Regional Alternative Child Care Officer (RACC Officer) refers to a person who will head the RACCO in the region;
(xx) Regional Child Placement Committee (RCPC) refers to the matching committee organized by the NACC, through the RACCO, that is tasked to
deliberate applications for adoptive/foster parent, and regional matching of children legally available for adoption;
(yy) Relative refers to a family member or to a person within the fourth (4th) civil degree of consanguinity or affinity from the child;
(zz) Residential Care Facilities (RCF) refer to government facilities that provide 24-hour residential group care to children on a temporary basis whose
needs cannot, at the time, be adequately met by their biological parents and other alternative child care family arrangements. It is an
approximation of family life to children under the guidance of staff specially trained for the purpose;
(aaa) Simulation of birth record refers to the tampering of the civil registry to make it appear in the record of birth that a child was born to a person
who is not such child's biological mother, causing the loss of the true identity and status of such child;
(bbb) Social case study report refers to the report prepared by the adoption social worker on the PAP/s' capacity to raise the child; the social agency's
efforts to locate the child's biological parents or relatives; interventions given to the child and the family; and the adoption social worker's
assessment of the case. It shall include both the child case study report and the home study report;
(ccc) Social worker refers to a licensed practitioner by the Professional Regulations Commission (PRC) who, by academic training and social work
professional experience, possesses the skill to achieve the objectives as defined and set by the social work profession, through the use of the
basic methods and technique of social work (casework, group work, and community organization) which are designed to enable individuals,
groups and communities to meet their needs and to solve the problems of adjustment to a changing pattern of society and, through
coordination with an organized social work agency which is supported partially or wholly from government or community solicited funds;
(ddd) Step-parent refers to a parent who is married to the mother or father of a child, but who is not the child's biological mother or father;
(eee) Supervised trial custody (STC) refers to the period of time after the placement of a child in an adoptive home whereby an adoption social worker
helps the adoptive family and the child in the adjustment process to facilitate the legal union through adoption. It consists of regular home
visits, monitoring, and provision of support services to enhance the parenting capability of adoptive parents in understanding and managing
the child's behavior and specific needs;
(fff) Support refers to everything indispensable for the full and harmonious development of the child, including sustenance, dwelling, clothing, medical
attention, and education, in keeping with the financial capacity of the family;
(ggg) Voluntarily committed child refers to one whose parent or legal guardian knowingly and willingly relinquished parental authority to the NACC,
or any duly accredited child-placing or child-caring agency or institution. Support services for biological parents such as livelihood
assistance, parenting education, skills training, and others to enable them to cope with their responsibilities and counseling to arrive at an
assessment of the family situation leading to the voluntary commitment of the child for his/her best interest.
 ARTICLE II
National Authority for Child Care
SECTION 5. National Authority for Child Care (NACC). — The Inter-Country Adoption Board (ICAB) is hereby reorganized into a one-stop quasi-
judicial agency on alternative child care, known as the National Authority for Child Care (NACC), attached to the Department of Social Welfare and Development
(DSWD).
All duties, functions, and responsibilities of the ICAB, the DSWD, and those of other government agencies relating to alternative child care and
adoption are hereby transferred to the NACC.
The Department of Budget and Management (DBM), in coordination with the ICAB and the DSWD, shall formulate a cohesive organizational
structure with corresponding plantilla positions responsive to fulfilling the functions and divisions of the NACC as stipulated under R.A. No. 11642 and these
IRR.
SECTION 6. Jurisdiction of the NACC. — The NACC shall have the original and exclusive jurisdiction over all matters pertaining to alternative child
care, including declaring a child legally available for adoption; domestic administrative adoption; foster care under Republic Act No. 10165, otherwise known as
the "Foster Care Act of 2012"; adoptions under Republic Act No. 11222, otherwise known as the "Simulated Birth Rectification Act"; and intercountry adoption
under Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995." The NACC shall also have the authority to impose penalties in case
of any violation of R.A. No. 11642 and these IRR.
SECTION 7. Composition of the NACC. — The NACC shall be composed of a Council and a Secretariat.
The Council shall be composed of the Secretary of the DSWD as ex officio Chairperson and six (6) other members, who are to be appointed by the
President for a non-renewable term of six (6) years: Provided, That there shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers who shall have at
least the qualifications of a Regional Trial Court (RTC) judge, one (1) registered social worker and two (2) representatives from NGOs engaged in child-caring or
child-placing activities.
The members of the Council shall receive a reasonable per diem allowance for each meeting attended.
The Council shall act as the policy-making body for purposes of carrying out the provisions of the Act and shall formulate child welfare policies which
shall constantly adjust to ongoing studies on alternative child care. En banc, it shall serve as the Appeals Committee for contested denials of petitions issued by
the Executive Director or the Deputy Director for Services.
The Secretariat shall implement and execute policies on alternative child care pursuant to the provisions of the Act. It shall be headed by an Executive
Director, with the rank of an Undersecretary who shall be assisted by two (2) deputy directors, one (1) for services and another one (1) for administration and
finance with the rank of Assistant Secretary.
The Deputy Director for Services shall, pursuant to the provisions of the Act, assist the Executive Director in the supervision and monitoring of the
overall process for alternative child care, including declaring a child legally available for adoption, domestic and intercountry adoption, foster care, residential
care, family-like care, and kinship care, as well as the provision of child and family welfare services.
The NACC may hire professionals and various experts, who shall form part of the CPC to be composed of a child psychiatrist or psychologist, a
medical doctor, a lawyer, an adoption social worker, a representative of an NGO engaged in child welfare, and any other professionals, as may be needed, to
provide the necessary assistance to the Deputy Director for Services and Executive Director in interregional and intercountry matching, accreditation of foreign
adoption agencies, and resolving appeals filed by interested parties involving denials of petitions at the RACCO level and reviewing recommendations of the
RACCOs on petitions for adoption.
The members of the CPC shall receive a reasonable honorarium for each meeting attended.
The Deputy Director for Administration and Finance shall be in charge of human resource development and management, property and logistics
management, assets and financial management, and other administrative support services.
SECTION 8. Functions of the NACC. — The NACC shall ensure that the petitions, and all other matters involving alternative child care, including the
issuance of CDCLAA, and the process of domestic and intercountry adoption, foster care, kinship care, family-like care, or residential care are simple,
expeditious, and inexpensive, and will redound to the best interest of the child involved.
Towards this end, the NACC Council shall act as the policy-making body and when convened as such, as an en banc appeals committee for contested
denials of petitions issued by the Executive Director or the Deputy Director for Services, while the NACC Secretariat shall be responsible for the following key
functions:
(a) Act and resolve petitions for the issuance of CDCLAA as provided under the Act;
(b) Facilitate, act on, and resolve all matters relating to domestic administrative adoption as provided in the Act, including adoptions which were
initially filed with the courts under R.A. No. 8552;
(c) Facilitate, act on, and resolve all matters relating to intercountry adoption, pursuant to R.A. No. 8043, as amended;
(d) Facilitate, act on, and resolve all matters relating to foster care pursuant to R.A. No. 10165, as amended;
(e) Facilitate, act on and resolve all matters relating to the rectification of simulated birth pursuant to R.A. No. 11222, as amended;
(f) Supervise and control the acts to be performed by the RACCO under the provisions of R.A. No. 11642 and these IRR;
(g) Act on petitions for adoption, foster care, and other forms of alternative child care that have been filed through and processed by the RACCOs;
(h) Issue travel clearance for all cases which are under its jurisdiction;
(i) Set standards and guidelines on adoption including pre- and post-legal adoption services;
(j) Convene an Independent Appeals Committee whenever necessary to be composed of professionals and experts from its CPC, to study and give
recommendations on appeals filed by interested parties involving denials of petitions and applications at the RACCO level;
(k) Act as the Central Authority in matters relating to domestic and intercountry adoption and shall act as the policy-making body for the purpose of
carrying out the provisions of the Act, including R.A. No. 8043, as amended, in consultation and coordination with the OSWA, DFA, the
different child care and placement agencies, foreign adoption agencies, as well as NGOs engaged in child care and placement activities,
specifically the functions under Section 4 of the aforementioned law;
(l) Determine, in coordination with the DFA or the OSWA, procedures for the suitable alternative child care of Filipino children stranded abroad,
including countries which are not parties to the Hague Convention or have no diplomatic relations with the Philippines;
(m) Ensure that intercountry adoption will not be pursued until all possible domestic placement of the child has been exhausted;
(n) Conduct national information dissemination and advocacy campaign on alternative child care and legal adoption;
(o) Establish clear programs to keep children with their biological families whenever possible;
(p) Assess the progress and identify gaps in the implementation of R.A. No. 11642 and these IRR and come up with policy recommendations;
(q) Keep records of all adoption, foster care, and other alternative child care cases, which include submitted caseload inventory of children from child-
caring agencies and family-like care facilities and provide periodic information and reports on the performance of the agency;
(r) Conduct research on adoption, foster care, and other alternative child care policies or in related fields to further improve and strengthen the office
programs and services and for policy formulation and development;
(s) Provide technical assistance, develop training modules and conduct capability building activities for adoptive/foster parents and children, and all
concerned agencies and stakeholders;
(t) Determine and impose administrative fees;
 (u) In partnership with the Department of the Interior and Local Government (DILG), provide the necessary support and technical assistance to LGUs,
especially the Local Council for the Protection of Children (LCPC), who are among the first responders to cases of child abandonment and
voluntary commitment, on matters related to alternative child care processes and engage them during the pre-adoption process;
(v) Build linkages and partnerships with independent and private entities such as licensed and accredited child-caring institutions, foundations, and
social work groups to ease the burden on the government in monitoring all petitions;
(w) Impose fines or penalties for any non-compliance with or breach of R.A. No. 11642, these IRR, and the rules and regulations which it promulgates
or administers;
(x) Formulate and develop policies for programs and services relating to the process of adoption, foster care, kinship care, family-like care, or
residential care;
(y) To accredit and authorize adoption social workers to engage in the assessment of children for adoption or alternative child care and assess
suitability of adoptive and foster parents; and
(z) Enforce R.A. No. 11642 and these IRR, as well as perform all other functions necessary to carry out the objectives of the Act and other related
laws, such as Republic Act No. 8043, Republic Act No. 10165 and Republic Act No. 11222 toward the simple, expeditious, and
inexpensive process relating to foster care, issuance of CDCLAA, domestic administrative adoption, and intercountry adoption, and all
other forms of alternative child care, that would redound to the best interest of the child.
SECTION 9. Regional Alternative Child Care Office (RACCO). — There shall also be a Regional Alternative Child Care Office (RACCO) created for
each region of the country, which shall be headed by a Regional Alternative Child Care (RACC) officer.
The RACCO is tasked to ensure a well-functioning system of receipt of local petitions for CDCLAA and adoption, applications for foster care, and
other requests regarding alternative placement and the well-being of children.
The RACCO shall have dedicated personnel who shall exclusively handle each of the following:
(a) Facilitate petitions for CDCLAA;
(b) Domestic administrative adoption;
(c) Intercountry adoption;
(d) Foster care, including kinship care;
(e) All other forms of alternative child care including family-like care, and residential care; and
(f) Rectification of simulated birth pursuant to R.A. No. 11222.
There shall be a Regional Child Placement Committee (RCPC) in each RACCO which shall be supervised by the RACC officer. It shall be composed
of a multidisciplinary group including a child psychiatrist or psychologist, a medical doctor, a member of the Philippine Bar, an adoption social worker, and a
representative of an NGO involved in child welfare; Provided, That no member of the group shall have relations with the child or adoptive/Foster applicant or
parent being matched.
The members of the RCPC will serve for a term of two (2) years which may be renewed twice at the discretion and approval of the Executive Director.
They shall receive a reasonable honorarium for each meeting attended.
SECTION 10. Appointments and Staffing Patterns. — The DBM, in coordination with the ICAB and DSWD, shall create the organizational structure
and staffing patterns necessary for the performance of functions of the NACC; Provided, That officers and employees holding permanent appointments shall be
given preference for appointment to the new positions in the approved staffing pattern comparable to their former positions.
Provided, further, That existing plantilla items in the ICAB and DSWD which are dedicated to alternative child care and adoption shall be transferred
to the NACC.
Provided, finally, That no new employees shall be hired until all permanent officers and employees have been appointed, including temporary and
casual employees who possess the necessary qualification requirements, among which is the appropriate civil service eligibility, for permanent appointment to
positions in the approved staffing pattern in case there are remaining positions to be filled unless such positions are policy-determining, primarily confidential or
highly technical in nature.
Qualifications of all appointees shall be in accordance with civil service rules and regulations. The existing Adoption Resource and Referral Unit
(ARRU) of the DSWD shall now function as the RACCO for each region of the country under the NACC.
ARTICLE III
Domestic Administrative Adoption
A. DECLARATION OF A CHILD LEGALLY AVAILABLE FOR ADOPTION (INVOLUNTARILY COMMITTED, ABANDONED, AND VOLUNTARILY
COMMITTED)
SECTION 11. Certificate Declaring a Child Legally Available for Adoption. — A Certificate Declaring a Child Legally Available for Adoption
(CDCLAA) is issued in cases of involuntarily committed children under Article 141, paragraph 4 (a), and Article 142 of P.D. No. 603 and in case of voluntarily
committed children as contemplated under Article 154 of P.D. No. 603, abandoned and foundling children.
SECTION 12. Duty of the NACC, LGU, Child-Placing or Child-Caring Agency. — It shall be the duty of the NACC, LGU, child-placing or child-
caring agency, which has custody of a child to exert all efforts using media and any other possible means to locate the biological parents of the child and seek their
consent. If such efforts fail, the child shall, if applicable, be registered as a foundling or a child with no known parents and within three (3) months from the time
he/she is found, be the subject of proceedings for a declaration as legally available for adoption. Provided, That if the adoptee is an adult, the biological parent
search is at the discretion of the adoptee.
SECTION 13. Proof of Biological Parent Search. — The following shall be sufficient proof that such efforts to locate the biological parents, guardians
or relatives have been made:
(a) Certification from radio and/or TV stations that the case was aired on three (3) different occasions;
(b) Publication in newspapers of general circulation whichever is appropriate to the circumstance;
(c) Police report or barangay certification from the locality where the child was found; and
(d) Returned registered mail to the last known address of the parents or known relatives, if any; or in the case of a voluntarily committed child, the
DVC signed by the biological parent, whichever is appropriate to the circumstance.
SECTION 14. Procedure When Biological Parent/s are Located. — If the biological parent/s is/are located, they/he/she will be assessed to determine
their willingness to keep the child and their parenting capability.
If the assessment of reunification is not favorable, the parent/s shall execute a Deed of Voluntary Commitment (DVC). If the child is a marital child,
the signature of both mother and father to the DVC shall be secured. If the child is a non-marital child, the DVC of the mother is sufficient.
If reunification is for the child's best interest, the parent/s and child shall undergo counselling and after care services shall be provided by the LGU
social worker.
SECTION 15. Procedure When Biological Parent/s are Not Located. — If the biological parent/s is/are not located, the adoption social worker shall
facilitate the registration of the child's certificate of live birth if the name and information of the child's birth are known and verified. If there is no known
information on the child's birth, facilitate the registration of the certificate of live birth of persons with no known parent/s based on the guidelines of the Philippine
Statistics Authority (PSA).
SECTION 16. Who May File a Petition for CDCLAA. — The Head or Executive Director of a licensed or accredited child-caring or child-placing
agency or institution managed by the government, LGU, NGO, or provincial, city, or municipal Social Welfare Development Office (SWDO) who has actual
custody of the minor may file a petition before the NACC, through the RACCO, for the issuance of a CDCLAA. If the child is under the custody of any other
individual, the child-caring or child-placing agency or institution shall do so with the consent of the child's custodian.
SECTION 17. CDCLAA for Involuntarily Committed Child. — The CDCLAA, in case of an involuntarily committed child, shall be issued by the
NACC within three (3) months following such involuntary commitment.
SECTION 18. Requirements for the Petition for CDCLAA of Involuntarily Committed Child. — A petition for the issuance of a CDCLAA of an
involuntarily committed child shall be supported by the following documents:
(a) Child Case Study Report made by the LGU, licensed or accredited child-caring or child-placing agency or institution charged with the custody of
the child stating the child's past and current functioning, family background, and assessment of the child's best interest;
(b) Original copy of the Order directing involuntary commitment of the child;
(c) Authenticated LCR copy or PSA Copy of Certificate of Live Birth; and
(d) Recent photograph of the child and photograph of the child upon admission to the agency or institution.
The petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths. It shall contain facts
necessary to establish the merits of the petition and shall state the circumstances surrounding the involuntary commitment.
SECTION 19. CDCLAA for Abandoned Child or Foundling Child. — The CDCLAA in case of an abandoned child or foundling child shall be issued
by the NACC within three (3) months following the issuance of the child's certificate of live birth.
SECTION 20. Requirements for the Petition for CDCLAA of Abandoned Child or Foundling Child. — A petition for the issuance of a CDCLAA of an
abandoned child or foundling child shall be supported by the following documents:
(a) Child Case Study Report prepared by the LGU, licensed or accredited child-caring or child-placing agency or institution charged with the custody
of the child stating the child's past and current functioning, family background, and assessment of the child's best interest;
(b) Proof of efforts to locate the biological parent/s or relatives of the child and media certifications;
(c) Authenticated LCR copy or PSA Copy of Certificate of Live Birth, or Certificate of Foundling, if available, or Certificate of Live Birth of Children
with No Known Parents; and
(d) Recent photograph of the child and photograph of the child upon abandonment or admission to the agency or institution.
The petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths. It shall contain facts
necessary to establish the merits of the petition and shall state the circumstances surrounding the abandonment or finding of the child.
SECTION 21. CDCLAA for Voluntarily Committed Child. — In case of a voluntarily committed child, the CDCLAA shall be issued by the Executive
Director within three (3) months following the filing of the Petition for CDCLAA with the attached Deed of Voluntary Commitment (DVC), as signed by the
parent/s.
Upon petition filed with the NACC, the parent/s or legal guardian who voluntarily committed the child may recover legal custody and parental
authority from the agency or institution to which such child was voluntarily committed when it is shown to the satisfaction of the NACC that the parent/s or legal
guardian is in a position to adequately provide for the needs of the child; Provided, That the petition for restoration is filed within three (3) months after the
signing of the DVC.
SECTION 22. Requirements for Petitions for CDCLAA of Voluntarily Committed Child. — A petition for the issuance of CDCLAA for a voluntarily
committed child shall be supported by the following documents:
(a) Child Case Study Report prepared by the LGU, licensed or accredited child-caring or child-placing agency or institution charged with the custody
of the child stating the services provided to relinquishing parent to enable him/her/them to make an assessment and decision for the best
interest of the child;
(b) Authenticated LCR copy or PSA copy of the certificate of live birth;
(c) Recent photograph of the child and photograph of the child upon admission to the agency or institution; and
(d) Original copy of Deed of Voluntary Commitment (DVC).
The petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths. It shall contain facts
necessary to establish the merits of the petition and shall state the circumstances surrounding the voluntary commitment of the child.
SECTION 23. Procedure for the Filing of the Petition for CDCLAA. — The petition shall be filed in the RACCO where the child was involuntarily
committed, abandoned or voluntarily committed or where the child-caring/child-placing agency which has custody of the child is located.
The RACCO shall immediately examine the petition and its supporting documents, if sufficient in form and substance, and shall authorize the posting
of the notice of the petition in a conspicuous place for five (5) consecutive days in the locality where the child was abandoned or voluntarily committed as well as
in the locality of the child-caring/child-placing agency who has custody of the child and in social media platforms or other online platforms of the CCAs, CPAs or
the concerned LGU.
If the RACCO finds that the petition is insufficient, the case shall be put on hold and the petition shall be returned to the petitioner for compliance with
the additional information or documents requested by the RACCO.
Within fifteen (15) working days after the completion of its posting and receipt of the additional information/documents, the RACCO shall render a
recommendation and transmit a copy of such recommendation, together with the supporting documents, to the Executive Director.
SECTION 24. Declaration of Availability for Adoption. — Upon finding merit on the petition, the Executive Director shall issue a CDCLAA within
seven (7) working days from receipt of the recommendation, unless further investigation or additional information or documents are needed to determine the
merits of the petition. A copy of the CDCLAA shall be transmitted to the petitioner and all interested parties known to the Executive Director.
SECTION 25. Opposition to the Petition for CDCLAA. — In cases of abandoned, abused, or neglected children, if the biological parents, relatives, or
legal guardian of the child appear and oppose the issuance of the CDCLAA, prior to its issuance, the case shall be put on hold and the RACCO, Deputy Director
for Services, or Executive Director, depending on where the case is pending for review at the time the petition is opposed, shall direct the adoption social worker
to immediately investigate and request for a Parenting Capability Assessment Report (PCAR) from the LGU where the biological parents, relatives, or guardian
resides.
Within fifteen (15) working days after the issuance of the PCAR, the adoption social worker shall render a recommendation on whether to grant or
deny the opposition of the biological parents, relatives, or legal guardian of the child.
Within fifteen (15) working days after the receipt of the adoption social worker's recommendation, the RACCO, Deputy Director for Services, or
Executive Director shall decide on the merits of the petition.
SECTION 26. Procedure for Appeal in Petitions for CDCLAA. — A Motion for Reconsideration of the Decision can be filed within fifteen (15)
calendar days from receipt thereof to the NACC Council, through the Executive Director. If the Motion for Reconsideration is denied, the interested party can
appeal to the Court of Appeals within ten (10) working days from receipt of the Order, otherwise the same shall be final and executory.
SECTION 27. Petition for Cancellation of CDCLAA. — The biological parents, relative or legal guardian of a child with CDCLAA who has not been
adopted may appear and file a petition supported by documentary requirements, for cancellation of the CDCLAA to the RACCO where the petition for CDCLAA
was filed.
Within fifteen (15) working days, the RACCO shall render a recommendation on whether to grant or deny the petition for cancellation of CDCLAA
and transmit to the NACC.
Within fifteen (15) working days after the receipt of the recommendation, the Executive Director shall decide on the merits of the petition for
cancellation.
 If the Executive Director finds merit in the petition for cancellation, the CDCLAA shall be canceled except when further investigation or additional
information or documents are needed to determine the merits of the petition. A copy of the cancellation of the CDCLAA shall be transmitted to the petitioner and
all interested parties known to the Executive Director and the parental authority of the biological parents over the child shall be restored.
SECTION 28. Best Evidence that a Child is Available for Adoption. — The CDCLAA issued by the NACC Executive Director shall be, for all intents
and purposes, the best evidence that the child is legally available in a domestic adoption and in an intercountry adoption proceeding.
B. ADOPTION
SECTION 29. Pre-Adoption Services/Counseling Services. — It shall be the duty of the NACC, through the RACCO, child-caring or child-placing
agencies, as well as the city, municipal, or barangay social workers, when appropriate, to provide necessary and appropriate counseling services, which will
inculcate the positive aspects of the following:
(a) Biological Parents — Counseling shall be provided to the biological parents before and after the birth of the child. They shall be counseled
regarding available programs and services to strengthen the family to keep the child, avail of services and assistance such as — temporary
child care arrangements such as foster care; and or relinquish the child for adoption. No binding commitment to an adoption plan shall be
permitted before the birth of the child.
In all proceedings for adoption, the NACC shall require proof that the biological parents have been properly counseled to prevent them from
making hurried decisions caused by strain or anxiety to give up the child and to sustain that all measures to strengthen the family have been
exhausted and that any prolonged stay of the child in own home will be inimical to child welfare and interest.
Series of counseling shall be provided in a language and manner understandable to the biological parent(s)/legal guardian on the
implications of relinquishing his/her parental authority over the child, focusing on:
1. the loss of parental rights over the child and as a rule, not having further contact with the child;
2. the importance of providing relevant information on the child, their own medical history, and family background;
3. the possibility that the child may be placed for adoption within the Philippines or in a foreign country;
4. the possibility that in the future, there may be communication with the child at the adoptee's initiative;
5. the right to reconsider his/her decision to relinquish his/her child within three (3) months from signing the Deed of Voluntary
Commitment (DVC) subject to assessment by the NACC; and
6. Process of restoration of parental authority.
The biological parent/s who decides to keep the child shall be provided with adequate services and assistance to fulfill parental
responsibilities.
A period of three (3) months shall be allowed for the biological parents to reconsider any decision to relinquish a child for adoption before
the decision becomes irrevocable.
Counseling and other appropriate social service interventions and services shall also be offered to the biological parent/s after the child has
been relinquished for adoption to help them cope with feelings of loss, etc., and other services for reintegration into the community.
Steps shall be taken by the NACC to ensure that no hurried decisions are made and all alternatives for the child's future and the implications
of each alternative have been provided.
(b) Prospective Adoptive Parent/s (PAP/s) — Counseling sessions, forums, and seminars on adoption, among others, shall be provided to resolve
possible adoption issues and to prepare them for effective parenting.
The NACC shall also disseminate basic information about adoption including the adoption process and procedures and the effects of
adoption; inform them of the general background of children in need of adoptive homes including children with special needs; develop in
the PAP/s respect for the child's biological origin, and to provide a support group for adoptive parents which shall give them a venue for
sharing their adoption experiences.
Adoption telling shall be one of the central themes of the sessions, forums, or seminars to equip the PAP/s with the ability to divulge the
adoption to the adoptee in a manner that will strengthen the parent-child relationship.
As a proven helpful practice, the adoption shall be disclosed to the child as early as possible by the adoptive parents:  Provided, That
disclosure of adoption shall be mandatory before the adoptee reaches the age of thirteen (13) years old. An adoption social worker must
conduct adoption-themed activities for such children, which will inculcate the positive aspects of adoption in their young minds.
A certificate shall be issued by the NACC or authorized agencies to the PAP/s attesting that they have undergone counseling services. The
certificate shall be a prerequisite for the home study.
(c) Prospective Adoptive Child/Adoptee — A prospective adoptee shall be provided with counseling and other support services appropriate to his/her
age and maturity, and in a manner and language that the child/adoptee comprehends, especially to enable him/her to understand why he/she
has been relinquished for adoption. The adoption social worker shall take into consideration the special needs of the child/adoptee.
In the case of an adoptee, including adult adoptee, whose consent to his/her own adoption is necessary, the adoption social worker/counselor
shall consider the child/adoptee's wishes and opinion, ensure that his/her consent is voluntary, and duly inform him/her of the effects of
such consent.
SECTION 30. Who May Adopt. — The following may adopt:
(a) Any Filipino citizen at least twenty-five (25) years of age, who is in possession of full civil capacity and legal rights; has not been convicted of any
crime involving moral turpitude, is of good moral character and can model the same; is at least sixteen (16) years older than the adoptee;
and who is in a position to support and care for adopted children in keeping with the means of the family;  Provided, That, the requirement
of 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or
is the spouse of the adoptee's parent;
(b) The legal guardian with respect to the ward after the termination of the guardianship and clearance of financial accountabilities;
(c) The foster parent with respect to the foster child;
(d) Philippine government officials and employees deployed or stationed abroad; Provided, That they are able to bring the child with them; and
(e) Foreign nationals who are permanent or habitual residents of the Philippines for at least five (5) years possessing the same qualifications as above
stated for Filipino nationals prior to the filing of the petitions; Provided, That they come from a country with diplomatic relations with the
Republic of the Philippines and that the laws of the adopter's country will acknowledge the Order of Adoption as valid, acknowledge the
child as a legal child of the adopters, and allow entry of the child in such country as an adoptee.
The foreign national who is a permanent or habitual resident of the Philippines may prove that the adopter/s' country will acknowledge the
Order of Adoption as valid, acknowledge the child as a legal child of the adopters, and allow entry of the child in such country as an
adoptee by presenting a duly authenticated copy of the foreign domestic law on adoption or a certification from the relevant central
authority that the Order of Adoption issued by NACC is Hague compliant. Provided, further, That requirements of residency may be
waived for the following:
1. A former Filipino citizen, habitually residing in the Philippines, who seeks to adopt a relative within the fourth (4th) civil degree of
consanguinity or affinity; or
2. One who seeks to adopt the marital child of the Filipino spouse; or
3. One who is married to a Filipino citizen and seeks to adopt jointly with the spouse a relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse.
 Spouses shall jointly adopt, except in the following cases:
(a) If one spouse seeks to adopt the legitimate child of the other; or
(b) If one spouse seeks to adopt own illegitimate child; Provided, That, the other spouse has signified consent thereto; or
(c) If the spouses are legally separated from each other.
SECTION 31. Who May be Adopted. — The following may be adopted:
(a) Any child who has been issued a CDCLAA;
(b) The marital child of one spouse by the other spouse;
(c) A non-marital child by a qualified adopter to improve status to legitimacy;
(d) A Filipino of legal age, if prior to the adoption, said person has been consistently considered and treated by the adopters as their own child prior to
reaching the age of majority for a period of at least three (3) years prior to the filing of the petition;
(e) A foster child who has been declared as legally available for adoption;
(f) A child whose adoption has been previously rescinded;
(g) A child whose biological or adoptive parents have died. Provided, That, no proceedings shall be filed within six (6) months from the time of death
of said parent/s; or
(h) A relative of the adopter under the relevant conditions stated in this section.
SECTION 32. Documentary Requirements for Application as Adoptive Parents. — The following documents must be submitted by the applicant/s:
(a) Undertaking and application form of the applicant/s;
(b) PSA copies of birth record of the applicant/s;
(c) PSA copies of the Marriage Certificate or Certificate of No Marriage Record (CENOMAR), in case of termination of marriage, or Authenticated
Divorce papers with copy of court decision and Certificate of Finality by their Consulate, if foreign applicant; Decree of Annulment, Decree
of Nullity of Marriage, or Decree of Legal Separation or the PSA copy of the Certificate of Marriage with annotation of the annulment of
marriage, declaration of nullity of marriage or legal separation for Filipino applicant;
(d) Written consent from the appropriate person/s;
(e) Medical Certification by a duly licensed physician. The Certification should indicate that the applicant has no medical condition that prevents
him/her in acting or assuming parental responsibilities and taken at least six (6) months from the time of preparation of the Home Study
Report;
(f) Psychological evaluation report on the applicant/s, as recommended by the adoption social worker;
(g) National Bureau of Investigation (NBI), Police Clearances or Court Clearances issued within one (1) year before the filing of the application;
(h) Latest Income Tax Return (ITR) or any document showing financial capacity;
(i) Letters attesting to the character and general reputation of the PAP/s from at least three (3) non-related character references, of one preferably from
an employer or supervisor or with whom the PAP/s have business dealings. The contact details of the person attesting must be so indicated
in the letter;
(j) Photos of the applicant/s, his/her immediate family members and their home, taken within the last six (6) months from the date of submission of
application; and
(k) Adoption decree (if with a previous adopted child).
Other documents may be required by the adoption social worker as deemed necessary based on their assessment and recommendation.
The applicant/s is/are required to attend training on adoption as prescribed by the NACC. A Certificate of Completion will be issued by the NACC, or
their authorized representative, to the applicant/s who have undergone the required training. The Certification of Completion shall be attached to the Petition once
the applicant/s file for the domestic administrative adoption.
SECTION 33. Additional Requirements for Foreign Nationals. — Foreign nationals who want to apply as adoptive parents need to submit the
following additional requirements:
(a) Certificate of Residency in the Philippines for at least five (5) years issued by the Bureau of Immigration or Department of Foreign Affairs, as
appropriate; and
(b) Police clearance from police authorities where the foreign applicant/s has lived for more than twelve (12) months any time in the past fifteen (15)
years.
SECTION 34. Standard Forms and Additional Documentary Requirements. — The NACC shall formulate and produce official, uniform, and standard
forms of the documentary requirements that will be easily used and submitted by the applicants for their petition.
The adoption social worker of the NACC is not precluded from asking for additional documents as may be necessary as proof of the facts alleged in the
petition or to establish a factual claim.
SECTION 35. Procedure for Application as Adoptive Parents. — The following procedure shall be followed by those applying as adoptive parents:
(a) Applications shall be filed with the RACCO in the region where the applicant/s resides.  Provided, That relative, step-parent, and adult adoption are
exempted from applying as adoptive parents and may directly file their petition for adoption to the RACCO;
(b) The adoption social worker of the applicant/s shall facilitate the accomplishment of the undertaking and application form, conduct interviews and
counseling with the applicant/s and their immediate family members and significant others, facilitate the signing of the type of child
acceptable to the family checklist, and prepare the home study report;
(c) The adoption social worker of the applicant/s shall endorse the home study report together with the complete set of supporting documents to the
RACCO for review;
(d) Review of all applications, including communicating comments, requests for clarification or additional documents, and decisions on applications to
the applicant/s adoption social worker, shall be conducted by the RACCO social worker;
(e) If the application is found sufficient, the RACCO social worker shall schedule the presentation of the application with the RCPC and inform the
applicant/s through their adoption social worker, of the date of presentation. The applicant/s and the adoption social worker shall personally
appear before the RCPC during the presentation;
(f) The RCPC shall convene at least once a month, or during the Regional Matching Conferences, to conduct an interview with the applicant/s and/or
adoption social worker, act on the application and endorse their recommendation to the RACCO Head for inclusion to the National Roster
of Approved Applicants. The roster shall be maintained by the RACCO and made accessible to the RCPC for matching purposes;
(g) To avoid conflict of interest, applicant/s who are Heads of Child-Caring or Child-Placing Agencies, or a social worker or any individual endowed
with function to decide on the application and/or Petition for adoption, shall be assessed by an impartial social worker without any personal
dealings with the applicant/s.
C. ADOPTION OF LEGALLY AVAILABLE CHILD
SECTION 36. Whose Consent is Necessary for Adoption of Child with CDCLAA. — After being properly counseled and informed of the right to give
or withhold approval of the adoption, the written consent of the following to the adoption is hereby required.
 (a) The adoptee, if ten (10) years of age or over unless unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation,
or discrimination because of physical or psychosocial disability or condition;
(b) The marital and adopted children, ten (10) years of age or over, of the adopter, if any, unless unable to fully take care or protect himself or herself
from abuse, neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability or condition; and
(c) The non-marital children, ten (10) years of age or over, if living with the said adopter or over whom the adopter exercises parental authority unless
unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or
psychosocial disability or condition;
Provided, That, children under ten (10) years of age shall be counseled and consulted, but not required to execute written consent.
SECTION 37. Documentary Requirements for Adoption of Legally Available Child. — The PAP/s shall attach the following to the notarized Petition
for Adoption and shall submit the same to the RACCO:
(a) Social Case Study Report duly prepared by an adoption social worker pursuant to the provisions of the Act, which requires a uniform and
standardized format of the report and submitted directly by the adoption social worker to the RACCO in a sealed envelope;
(b) PSA copies of the birth record of the PAP/s and the child;
(c) PSA copies of the Marriage Certificate or Certificate of No Marriage Record (CENOMAR), in case of termination of marriage, or Authenticated
Divorce papers with copy of court decision and Certificate of Finality by their Consulate, if foreign applicant; Decree of Annulment, Decree
of Nullity of Marriage, or Decree of Legal Separation or the PSA copy of the Certificate of Marriage with annotation of the annulment of
marriage, declaration of nullity of marriage or legal separation for Filipino applicant;
(d) National Bureau of Investigation (NBI) or Police Clearance or Court Clearances. If foreign national, clearance from police authorities where he or
she has lived for more than twelve (12) months any time in the past fifteen (15) years;
(e) PSA copy of the Death Certificate of the child's biological parents, if applicable;
(f) Written consent of the child if ten (10) years of age or over;
(g) Written consent of marital and adopted children of PAP/s, ten (10) years of age or over;
(h) Written consent of non-marital children, ten (10) years of age or over, of whom the PAP/s is living with or over whom PAP/s exercises parental
authority;
(i) Original copy of CDCLAA;
(j) Result of the recent medical evaluation of the child and the PAP/s prepared within six (6) months prior to petition for domestic administrative
adoption;
(k) Psychological evaluation of the PAP/s prepared within two (2) years based on the date of the report;
(l) Psychological evaluation of the child, for children five (5) years old and above prepared within two (2) years based on the date of the report;
(m) Child care plan with a list of at least three (3) temporary custodians of the child in order of preference in case of death, absence, or incapacity of
the PAP/s;
(n) Letters attesting to the character and general reputation of the PAP/s from at least three (3) non-related character references, of one preferably from
an employer or supervisor or with whom the PAP/s has business dealings. The contact details of the person attesting must be so indicated in
the letter;
(o) Recent close-up and whole-body pictures of the child and the PAP/s taken within the last six (6) months;
(p) Documents showing the financial capacity of the PAP/s; and
(q) Certificate of Attendance at Pre-Adoption training or undertaking to complete pre-adoption training prior to the issuance of Adoption Order.
SECTION 38. Procedure Specific for the Adoption of Legally Available Child. — The following procedure shall be observed in the adoption of a child
with CDCLAA:
(a) Preparation of Case Study Reports
1. Social Case Study Report — A case study of the adoptee, the biological parents as well as the adopters shall be prepared by an adoption
social worker, the social service office of the LGU, or any child-placing or child-caring agency or any NACC accredited agency.
2. Child Case Study Report — The case study on the prospective adoptive child shall establish that said child is legally available for
adoption and that the documents to support this fact are valid and authentic.
The child's case study report shall focus on the child's current functioning — physical, psychological, social, cognitive and
spiritual development — his/her specific needs to be addressed, understanding of adoption and readiness to establish new
relationships and be part of a new family based on the child's evolving capacity.
3. Home Study Report — The home study shall focus on a thorough assessment of the motivation/s of the adopting parent/s; considering,
when appropriate, coping with child loss, involuntary childlessness for infertile couples or with single status; or adding a new
member to their family for those with children.
The home study report is geared towards meeting the specific needs of a child they wish to adopt and the resources available for
the alternative care of the child.
The applicant may state their/his/her preference of a child such as the age and sex, among others and be ready to adopt any child
matched to them/her/him.
Further, The home study report of the prospective adopters shall ascertain their genuine intentions and that the adoption is in the
best interest of the child.
(b) Matching Process
There shall be a matching process within thirty (30) calendar days after the issuance of the CDCLAA or the next matching conference,
whichever is applicable.
The matching of a child to an approved adoptive applicant/s shall be carried out during the regular matching conference by the
RCPC; Provided, That interregional matching, which shall be monitored and supervised by the Deputy Director for Services, may be
conducted upon the recommendation of the Executive Director, at any time, depending on the number of children declared legally available
for adoption and the number of approved adoptive applicant/s, subject to the following:
(b.1) Regional Matching
Upon receipt of the child's dossier, the RACCO social workers, who will act as the Secretariat to the matching conference, shall
conduct the following:
(i) Review and assess the Child Case Study Report (CCSR) and its supporting documents, communicate requests for
additional documents or information to the child's social worker, provide recommendations on the case;
(ii) Schedule the matching and invite the members of RCPC and the adoption social workers of the child and the social
worker of the approved applicant/s for the presentation of their case/s in the matching conference;
(iii) Conduct the regional matching conference with the RCPC and facilitate the signing of a Certificate of Matching for
children matched and endorse the same to the RACC Officer for approval;
 (iv) Endorse the matching proposal to the adoption social worker of the approved adoptive applicant/s for the latter's
decision. Adoptive applicant/s who accepted the proposed placement of a child shall be issued with a Pre-
Adoption Placement Authority (PAPA) by the RACC Officer or their duly authorized representative;
If the approved adoptive applicant/s declines/opposes the proposed placement of the child with them as
recommended by the RCPC, a written explanation within two (2) working days after receipt of the notice on
the result of matching shall be secured by the adoption social worker;
(v) Entrustment of the child to the adoptive applicant/s shall be undertaken by the child's adoption social worker to
establish familiarity, bonding, and rapport. The physical transfer of the child shall take place upon receipt of
the approved PAPA;
(vi) A supervised trial custody (STC) for a period of six (6) months, which may be reduced or lengthened, shall be
conducted by the adoption social worker;
After a thorough assessment of satisfactory adjustment where bonding and rapport have taken place between
the child and adoptive applicant/s, a final supervisory report, updated social case study report and
recommendation for filing of the domestic adoption shall be prepared by the adoption social worker of the
adoptive applicant/s to be submitted to the RACCO within fifteen (15) working days after the end of the
STC; For independently placed cases, the adoption social worker of the adoptive applicant/s shall prepare
one post-placement report, within fifteen (15) working days upon receipt of PAPA, recommending the
adoptive applicant/s to continue their parental obligations towards the child;
(vii) Children with special needs shall be presented to the matching conference only once, except under special
circumstances;
In matching conferences involving children with special needs, the social worker shall ensure that the
children with special needs are presented in a non-discriminatory manner and that the social worker has
undergone the requisite sensitivity trainings;
(viii) For cases of children not matched, the RCPC shall recommend the issuance of clearance for interregional
matching. Regional Clearance shall only be issued by the RACC Officer based on a favorable assessment
and recommendation by the RCPC.
(b.2) Interregional Matching
Upon receipt of the dossier, the NACC social workers, who will now act as the Secretariat, shall conduct the following:
(i) Review and assess the case study report and its supporting documents, communicate requests for additional
documents or information to the adoption social worker, provide recommendations on the case;
(ii) Schedule the matching and invite the members of CPC and the adoption social workers of the child and the approved
adoptive applicant/s for the presentation of their case/s in the matching conference;
(iii) Conduct the interregional matching conference with the CPC, facilitate the signing of a Certificate of Matching for
children matched and endorse the same to the Executive Director or Deputy Director for Services for
approval;
(iv) Endorse the matching proposal to the adoption social worker of the approved adoptive applicant/s for the latter's
decision. Adoptive applicant/s who accepted the proposed placement of a child shall be issued with a Pre-
Adoption Placement Authority (PAPA) by the Executive Director or Deputy Director for Services or their
authorized representative;
If the approved adoptive applicant/s declines/opposes the proposed placement of the child with them as
recommended by the CPC, a written explanation within two (2) working days after receipt of the notice on
the result of matching shall be secured by the adoption social worker;
(v) Entrustment and Supervised Trial Custody shall be the same process as stated under the Regional Matching
Procedure v-vi;
(vi) Children with special needs shall be presented to the interregional matching conference only once, except under
special circumstances, and shall be cleared for intercountry adoption.
In matching conferences involving children with special needs, the social worker shall ensure that the
children with special needs are presented in a non-discriminatory manner and that the social worker has
undergone the requisite sensitivity trainings.
(vii) For cases of children not matched, the CPC shall recommend the issuance of and intercountry adoption clearance.
Intercountry adoption clearance shall only be issued by the Executive Director or Deputy Director for
Services or their authorized representative based on a favorable assessment and recommendation by the CPC.
D. STEP-PARENT ADOPTION
SECTION 39. Whose Consent is Necessary for Step-Parent Adoption. — After being properly counseled and informed of the right to give or withhold
approval of the adoption, the written consent of the following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over, unless unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation,
or discrimination because of physical or psychosocial disability or condition;
(b) The marital and adopted children, ten (10) years of age or over, of the adopter, if any, unless unable to fully take care or protect himself or herself
from abuse, neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability or condition;
(c) The non-marital children, ten (10) years of age or over, if living with said adopter or over whom the adopter exercises parental authority unless
unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or
psychosocial disability or condition;
(d) The spouse, if any, of the adoptee; and
(e) The biological parents of a marital child to be adopted. For a non-marital child only the consent of the mother is required.
Provided, That, children under ten (10) years of age shall be counseled and consulted, but not required to execute written consent.
SECTION 40. Documentary Requirements for Step-Parent Adoption. — The PAP/s shall attach the following to the notarized Petition for Adoption
and shall submit the same to the RACCO:
(a) Child Case Study Report and Home Study Report or Social Case Study Report, whichever is applicable under the circumstances, duly prepared by
an adoption social worker pursuant to the provisions of the Act, which requires a uniform and standardized format of the report;
(b) PSA copies of the birth record of the PAP/s and the child;
(c) PSA copies of the Marriage Certificate or Certificate of No Marriage Record (CENOMAR), in case of termination of marriage, or Authenticated
Divorce papers with copy of court decision and Certificate of Finality by their Consulate, if foreign applicant; Decree of Annulment, Decree
of Nullity of Marriage, or Decree of Legal Separation or the PSA copy of the Certificate of Marriage with annotation of the annulment of
marriage, declaration of nullity of marriage or legal separation for Filipino applicant;
(d) NBI or Police Clearance or Court Clearances; If foreign national, clearance from police authorities where he or she has lived for more than twelve
(12) months any time in the past fifteen (15) years;
 (e) PSA copy of the Death Certificate of the child's biological parents, if applicable;
(f) Written consent of the child ten (10) years of age or over;
(g) Written consent of marital and adopted children of PAP/s, ten (10) years of age or over;
(h) Written consent of non-marital children, ten (10) years of age or over, of whom the PAP/s is living with or over whom PAP/s exercises parental
authority;
(i) Written consent to the adoption of the spouse of the PAP/s;
(j) Result of the recent medical evaluation of the child and the PAP/s prepared within six (6) months prior to application;
(k) Psychological evaluation of the PAP/s prepared within two (2) years based on the date of the report;
(l) Psychological evaluation of the child, for children five (5) years old and above prepared within two (2) years based on the date of the report;
(m) Letters attesting to the character and general reputation of the PAP/s from at least three (3) non-related character references, of one preferably from
an employer or supervisor or with whom the PAP/s have business dealings. The contact details of the person attesting must be so indicated
in the letter;
(n) Recent close-up and whole-body pictures of the child and the PAP/s taken within the last six (6) months; and
(o) Documents showing the financial capacity of the PAP/s.
SECTION 41. Procedure Specific for Step-Parent Adoption. — The following procedure shall be observed in the adoption of a child by a step-parent:
(a) Preparation of Social Case Study Report
A case study of the adoptee, biological parent/s as well as the adopting step-parent shall be prepared by an adoption social worker, the social
service office of the LGU, or any child-placing or child-caring agency or any NACC accredited agency.
The case study of the adopting parent/s shall focus on the motivation and acceptance of his/her step-child. The willingness of the child to be
adopted and the assessment of the child's relationship with the step-parent shall be considered.
Further, the case study of the prospective adopter shall ascertain the genuine intention and that the adoption is in the best interest of the
child. If the adoption social worker determines that the adoption shall redound to the best interest of the child, a recommendation shall be
made to the NACC through the RACCO for the petition to be granted; otherwise, a denial thereof shall be recommended.
(b) Matching Process
The matching process is waived if the adoptee and the PAP/s have been living together for not less than two (2) years.
(c) Issuance of Pre-Adoption Placement Authority (PAPA)
The PAP/s shall automatically be issued a PAPA without the need of undergoing the matching process.
(d) Supervised Trial Custody (STC)
The STC may be waived in cases of step-parent adoption, as assessed and recommended by the adoption social worker.
E. RELATIVE ADOPTION
SECTION 42. Whose Consent is Necessary for Relative Adoption. — After being properly counseled and informed of the right to give or withhold
approval of the adoption, the written consent of the following to the adoption are hereby required.
(a) The adoptee, if ten (10) years of age or over, unless unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation,
or discrimination because of physical or psychosocial disability or condition;
(b) The marital and adopted children, ten (10) years of age or over, of the adopter, if any, unless unable to fully take care or protect himself or herself
from abuse, neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability or condition;
(c) The non-marital children, ten (10) years of age or over, if living with the said adopter or over whom the adopter exercises parental authority unless
unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or
psychosocial disability or condition; and
(d) The biological parents of a marital child to be adopted. For a non-marital child only the consent of the mother is required.
Provided, That, children under ten (10) years of age shall be counseled and consulted, but not required to execute written consent.
SECTION 43. Documentary Requirements for Relative Adoption. — The PAP/s shall attach the following to the notarized Petition for Adoption and
shall submit the same to the RACCO:
(a) Child Case Study Report and Home Study Report or Social Case Study Report, whichever is applicable depending on the circumstances, duly
prepared by an adoption social worker pursuant to the provisions of the Act, which requires a uniform and standardized format of the report;
(b) PSA copy of the birth record of the PAP/s and the child;
(c) PSA copies of the Marriage Certificate or Certificate of No Marriage Record (CENOMAR), in case of termination of marriage, or Authenticated
Divorce papers with copy of court decision and Certificate of Finality by their Consulate, if foreign applicant; Decree of Annulment, Decree
of Nullity of Marriage, or Decree of Legal Separation or the PSA copy of the Certificate of Marriage with annotation of the annulment of
marriage, declaration of nullity of marriage or legal separation for Filipino applicant;
(d) NBI or Police Clearance or Court Clearances. If a foreign national, clearance from police authorities where he or she has lived for more than twelve
(12) months any time in the past fifteen (15) years;
(e) Written consent to the adoption by the biological parent(s) or the person(s) exercising substitute parental authority over the child. If the child is a
non-marital child, only the written consent of the mother is required;
(f) Written consent of the child if ten (10) years of age or over;
(g) Written consent of marital and adopted children of PAP/s, ten (10) years of age or over;
(h) Written consent of non-marital children, ten (10) years of age or over, with whom the PAP/s is living with or over whom the PAP/s exercise
parental authority;
(i) PSA copy of the Death Certificate of the child's biological parents, if applicable;
(j) Result of the recent medical evaluation of the child and the PAP/s prepared within six (6) months prior to application;
(k) Psychological evaluation of the PAP/s prepared within two (2) years based on the date of the report;
(l) Psychological evaluation of the child, for children five (5) years old and above prepared within two (2) years based on the date of the report;
(m) Child care plan with a list of at least three (3) temporary custodians of the child in order of preference in case of death, absence, or incapacity of
the PAP/s;
(n) Letters attesting to the character and general reputation of the PAP/s from at least three (3) non-related character references, of one preferably from
an employer or supervisor or with whom the PAP/s have business dealings. The contact details of the person attesting must be so indicated
in the letter;
(o) Recent close-up and whole-body pictures of the child and the PAP/s taken within the last six (6) months; and
 (p) Documents showing the financial capacity of the PAP/s.
SECTION 44. Procedure for Relative Adoption. — The following procedure shall be observed in the adoption of a child by a relative:
(a) Preparation of Social Case Study Report
A case study of the adoptee, the biological parents as well as the adopters shall be prepared by an adoption social worker of the social
service office of the LGU, or any child-placing or child-caring agency and or any NACC accredited agency.
The case study shall focus on the motivation of the adopting relative and acceptance of the child. The willingness of the child to be adopted
and the assessment of the child's relationship with the relative shall be considered.
Further, the case study of the prospective adopter shall ascertain the genuine intention and that the adoption is in the best interest of the
child. If the adoption social worker determines that the adoption shall redound to the best interest of the child, a recommendation shall be
made to the NACC through the RACCO for the petition to be granted; otherwise, a denial thereof shall be recommended.
(b) Matching Process
The matching process is waived if the adoptee and the PAP/s have been living together for not less than two (2) years.
(c) Issuance of Pre-Adoption Placement Authority (PAPA)
The PAP/s shall automatically be issued a PAPA without the need of undergoing the matching process.
(d) Supervised Trial Custody (STC)
The STC may be waived in cases of relative adoptions, as assessed and recommended by the adoption social worker.
F. ADULT ADOPTION
SECTION 45. Whose Consent is Necessary for Adult Adoption. — After being properly counseled and informed of the right to give or withhold
approval of the adoption, the written consent of the following to the adoption is hereby required.
(a) The adoptee unless unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of
physical or psychosocial disability or condition;
(b) The marital and adopted children, ten (10) years of age or over, of the adopter, if any, unless unable to fully take care or protect himself or herself
from abuse, neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability or condition;
(c) The non-marital children, ten (10) years of age or over, if living with the said adopter or over whom the adopter exercises parental authority unless
unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or
psychosocial disability or condition; and
(d) The spouse, if any, of the person to be adopted.
SECTION 46. Documentary Requirements for Adult Adoption. — The PAP/s shall attach the following to the notarized Petition for Adoption and shall
submit the same to the RACCO:
(a) Child Case Study Report and Home Study Report or Social Case Study Report, whichever is applicable under the circumstances, duly prepared by
an adoption social worker pursuant to the provisions of the Act, which requires a uniform and standardized format of the report;
(b) PSA copy of the birth record of the PAP/s and the adoptee;
(c) PSA copies of the Marriage Certificate or Certificate of No Marriage Record (CENOMAR), in case of termination of marriage, or Authenticated
Divorce papers with copy of court decision and Certificate of Finality by their Consulate, if foreign applicant; Decree of Annulment, Decree
of Nullity of Marriage, or Decree of Legal Separation or the PSA copy of the Certificate of Marriage with annotation of the annulment of
marriage, declaration of nullity of marriage or legal separation for Filipino applicant;
(d) NBI or Police Clearance or Court Clearances; If foreign national, clearance from police authorities where he or she has lived for more than twelve
(12) months any time in the past fifteen (15) years;
(e) Written consent of the adoptee;
(f) Written consent of marital and adopted children of PAP/s, ten (10) years of age or over;
(g) Written consent of non-marital children, ten (10) years of age or over, with whom the PAP/s is living or over whom the PAP/s exercise parental
authority;
(h) Written consent of the spouse, if any, of the adoptee;
(i) Letters attesting to the character and general reputation of the PAP/s from at least three (3) non-related character references, of one preferably from
an employer or supervisor or with whom the PAP/s have business dealings. The contact details of the person attesting must be so indicated
in the letter;
(j) Recent close-up and whole-body pictures of the adoptee and the PAP/s taken within the last six (6) months; and
(k) Documents showing that the adoptee has been consistently considered and treated as their own child by the PAP/s for at least three (3) years before
reaching the age of majority.
SECTION 47. Procedure Specific for Adult Adoption. — The following procedure shall be observed in the adoption of an adult consistently considered
and treated as own child by the adopters:
(a) Preparation of Social Case Study Report
A case study of the adoptee, the biological parents as well as the adopters shall be prepared by the adoption social worker of the social
service office of the LGU, or any child-placing or child-caring agency or a NACC accredited agency.
At the time of preparation of the prospective adoptee's case study, the concerned adoption social worker shall confirm with the Philippine
Statistics Authority (PSA) the real identity and registered name of the prospective adoptee. If the birth of a prospective adoptee was not
registered with the PSA, it shall be the responsibility of the said social worker to ensure that said prospective adoptee is registered.
The focus of the case study report on the adult adoptee shall affirm the harmonious and satisfactory parent-child relationship between the
adult adoptee and the adopter based on the parental care provided during the adult adoptee's minority.
Further, the social case study of the prospective adopters shall ascertain their genuine intentions and that the adoption is in the best interest
of the adoptee. If the adoption social worker determines that the adoption is in the best interest of the adoptee, a recommendation shall be
made to the RACCO or the NACC for the petition to be granted; otherwise, a denial thereof shall be recommended.
(b) Matching Process
Cases of adult adoption shall not undergo the matching process: Provided, That the adult adoptee and the PAP/s have been living in one
household for not less than two (2) years.
(c) Issuance of Pre-Adoption Placement Authority (PAPA)
The PAP/s shall automatically be issued a PAPA without the need of undergoing the matching process.
(d) Supervised Trial Custody (STC)
The STC may be waived in cases of adult adoptions, as assessed and recommended by the adoption social worker.
ARTICLE IV
 Common Procedure
SECTION 48. Procedure/Remedy if Consent from Appropriate Person/s Could Not be Secured. — Proof of efforts exerted must be attached to the
Petition in case the person required to give consent could not be located despite diligent efforts have been exerted.
SECTION 49. Petition for Administrative Adoption. — A Petition for Adoption shall be prepared and signed by the petitioners or PAP/s. The services
of a private counsel may be retained for this purpose.
The said petition shall state the facts necessary to establish the merits of the petition. The petitioners must specifically allege that they are at least
twenty-five (25) years of age, in possession of full civil capacity and legal rights; of good moral character; have not been convicted of any crime involving moral
turpitude; are emotionally and psychologically capable of caring for children; are at least sixteen (16) years older than the adoptee and are in a position to support
and care for their children in keeping with the means of the family and have undergone pre-adoption services. The petition should also indicate the new name the
petitioner wishes the child to have, if any.
The petition shall be in the form of an affidavit and shall be subscribed and sworn to by the petitioners before any person authorized by law to
administer affirmations and oaths.
No subsequent petition involving the same PAP/s shall be entertained unless the prior petition has attained finality.
SECTION 50. Where to File the Petition. — The notarized petition together with complete and original supporting documents shall be filed by the
petitioners with the RACCO of the city or municipality where the PAP/s reside.
SECTION 51. Personal Appearance of PAP/s. — To further ascertain fitness, good intentions, and sincerity of PAP/s, the RACCO shall require PAP/s
to personally appear before it at least twice during the application period and on specific dates to be determined by the same.
SECTION 52. Publication. — Upon receipt by the RACCO of the petition and its supporting documents, a copy of the petition shall be published once
a week for three (3) successive weeks in a newspaper of general circulation.
SECTION 53. Administrative Adoption Process. — In all proceedings for adoption, the NACC shall decide on the basis of all the documents presented
to it, as well as the evidence gathered during the personal interviews conducted by the RACCO with the adoption social worker, PAP/s, and the adoptee. There
shall be no adversarial proceedings and all domestic adoption cases shall be decided within sixty (60) calendar days from the receipt of the Deputy Director for
Services of the recommendation of the RACCO on the petition.
The NACC, in the exercise of its quasi-judicial powers, shall observe and comply with the following domestic administrative adoption process:
(a) Within fifteen (15) working days from the filing of the Petition for Adoption by the PAP/s, the RACCO shall determine whether the PAP/s have
complied with the substantive and procedural requirements for domestic adoption by extensively reviewing and examining the petition and
its supporting documents, as well as conducting personal interviews with the adoption social worker, the PAP/s, and the adoptee; Provided,
That should the RACCO require the PAP/s to submit additional information or documents, the said fifteen (15)-day period shall be
suspended;
(b) Should the RACCO find that the PAP/s sufficiently complied with the requirements under the Act, it shall issue a certification attesting to the same,
render a recommendation on whether to grant or deny the Petition for Adoption and forward the same to the Deputy Director for Services
within the said fifteen (15)-day period, excluding the periods of suspension;
(c) The Deputy Director for Services, who may consult the CPC consultants, as may be necessary, shall review the recommendation of the RACCO
within fifteen (15) working days from receipt thereof and either:
1. return it to the RACCO for further examination with a written explanation of its insufficiency, or
2. forward the Petition for Adoption to the Executive Director for final approval.
(d) In case the petition is returned by the Deputy Director for Services to the RACCO, the latter shall address the concerns raised by the Deputy
Director for Services within fifteen (15) working days from receipt thereof;
(e) When the petition is forwarded by the Deputy Director for Services to the Executive Director, the latter shall act and decide on the recommendation
within fifteen (15) working days from receipt thereof. However, if within the fifteen (15)-day period, the Executive Director finds that there
is a need to return the petition to the RACCO for submission of additional information and documents or conduct further investigation, as
may be necessary, the action of the RACCO on the returned petition and finally deciding on whether to grant or deny the petition by the
Executive Director should be settled within fifteen (15) working days from the day the Executive Director returns the same to the RACCO,
except when the information and documents needed are of such nature that cannot be easily obtained by the PAP/s.
(f) In cases when there is no decision on the petition within sixty (60) calendar days from the receipt of the Deputy Director for Services of the
recommendation of the RACCO on the petition, through no fault or negligence on the part of the PAP/s, the latter may apply for a PAPA, if
none has been issued yet, with the Executive Director, through the RACCO, for the temporary placement of the child;
(g) If the Executive Director returns the petition or documents for further investigation to the RACCO, during the period that the child is under the
custody of the PAP/s, the child will remain with the PAP/s, taking into consideration the child's best interests:  Provided, That if the
Executive Director issues a denial of the petition, the child will be immediately removed by the RACCO from its temporary placement with
the PAP/s.
SECTION 54. Objection to the Petition. — Any person who has personal knowledge of any information, which by ordinary diligence could not be
discovered, and which when introduced and admitted, would result in the denial of the petition and protect the child from possible harm or abuse may, at any time
before the issuance of the Order of Adoption, interpose an objection to the petition and file a complaint supported by evidence to that effect, with the NACC,
through the RACCO where the petition was filed. The complaint will be subjected to verification and further investigation.
SECTION 55. Order of Adoption. — If the NACC is convinced that based on the petition and its supporting documents the adoption shall redound to
the best interest of the child or prospective adoptee, the NACC through the Executive Director, shall issue an Order of Adoption.
The Order of Adoption which is a registrable civil registry document, shall be issued stating the full name by which the child shall be known and shall
likewise direct the concerned Local Civil Registrar that:
(a) The original certificate of live birth of the adoptee shall be sealed with the annotation that a new certificate of live birth has been issued in its place
which can be opened only upon order of the NACC;
(b) A new certificate of live birth shall be issued attesting to the fact that the adoptee is the child of the adopter by being registered with the adopter's
surname. The new certificate of live birth shall not bear any notation that it is an amended issue; and
(c) To submit to the NACC proof of compliance with all the foregoing within thirty (30) calendar days from receipt of the Order of Adoption and
Certificate of Finality.
A printed copy of the Order of Adoption shall be provided by the NACC to the concerned parties (PAP/s, RACCO, LCR/s and PSA). To facilitate
transmission, the NACC may send it through courier, email, or other possible means.
A Certificate of Finality shall be issued by the Executive Director after the lapse of ten (10) calendar days from receipt of the Order of Adoption by the
concerned parties and no motion for reconsideration or appeal was made. A copy of the Certificate of Finality shall also be provided to the concerned parties.
The adopter shall submit a certified true copy of the Order of Adoption and a Certificate of Finality to the Local Civil Registrar where the child was
originally registered within thirty (30) calendar days from receipt of the Certificate of Finality.
The process for registration of the Order of Adoption must be in accordance with the guidelines issued by the PSA.
If not made within the prescribed period, registration of the same shall be considered late, in which case, the registrant shall execute an affidavit
showing the circumstances and reasons why the adoption was not reported for registration within the prescribed period.
SECTION 56. Judicial Recourse. — A motion for reconsideration of an Order of Adoption may be filed within fifteen (15) days from receipt of a copy
of the same. Upon denial of the motion for reconsideration, the interested party has ten (10) days from receipt of the order of denial to file an appeal before the
Court of Appeals; otherwise, the same shall be final and executory. Rule 43 of the 1997 Rules of Civil Procedure, as amended, shall have suppletory application.
 SECTION 57. Benefits of Adoptive Parents. — The adoptive parents shall enjoy all the benefits entitled to biological parents, including benefits that
can be availed through the Social Security System (SSS), Government Service Insurance System (GSIS), Department of Labor and Employment (DOLE), Bureau
of Internal Revenue (BIR), Philippine Health Insurance Corporation (PhilHealth), Health Maintenance Organization (HMO) providers, among others, or through
other existing laws from the date, the Order of Adoption was issued to the adoptive parent. Adoptive parents may avail of paid maternity and paternity leaves as
provided for under existing laws for biological parents: Provided, That the leave benefits in this paragraph shall only be availed of by the adoptive parents within
one (1) year from the placement of the child until the issuance of the Order of Adoption. Provided, further, That the leave benefits in this paragraph shall not apply
in cases of adult adoptions, and in all cases where the adoptive child has been in the care and custody of the adoptive parent for at least three (3) years before the
issuance of the Order of Adoption.
SECTION 58. Database of Orders Issued by the NACC. — The NACC shall keep a database showing the date of issuance of the Order in each case,
compliance by the Local Civil Registrar with the preceding section, and all incidents arising after the issuance of the Order of Adoption. This database shall be
governed by the provision in the succeeding section, as well as the provisions of Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012."
SECTION 59. Confidentiality of Administrative Adoption Proceedings. — All petitions, documents, records, and papers relating to administrative
adoption proceedings in the files of the city or municipal SWDOs, the RACCOs, the NACC, the DSWD, or any other agency or institution participating in such
proceedings shall be kept strictly confidential. If the disclosure of certain information to a third person is necessary for security reasons or for purposes connected
with or arising out of the administrative adoption and will be for the best interest of the adoptee, the Executive Director of the NACC may, upon appropriate
request, order the necessary information released, restricting the purposes for which it may be used and in accordance with the existing laws on data privacy.
In any event, the disclosure of any information shall only be allowed upon the order of the Executive Director, based on the written request of the
adoptee or in the case of a minor adoptee, his or her legal guardian or the adoptive parent, or upon order of any lawful authority.
Any violation of the confidential nature of the records above mentioned shall be punishable pursuant to the penal provisions of the Act,  Republic Act
No. 10173, or other relevant laws.
No copy thereof as well as any information relating thereto shall be released without written authorization from the NACC or the written request of any
of the following:
(a) The adopted child, with appropriate guidance and counseling, or a duly authorized representative, spouse, parent, direct descendant, guardian, or
legal institution legally in charge of the adopted person, if minor;
(b) The court or proper public official whenever necessary in an administrative, judicial, or other official proceedings to determine the identity of the
parent/s or of the circumstances surrounding the birth of the adopted child; or
(c) The nearest kin, in case of death of the adopted child.
The NACC shall ensure that information held by them concerning the origin of the adopted child, in particular the identity of the biological parents, is
preserved.
SECTION 60. Assistance to Indigent PAP/s. — Socialized fees may be charged to those who avail of the administrative adoption proceedings under
the Act.
The Public Attorney's Office (PAO) shall provide free legal assistance including notarization of documents related thereto whenever warranted for
qualified PAP/s.
ARTICLE V
Adoption of a Child with Simulated Birth Certificate
SECTION 61. Adoption of a Child with Simulated Birth Certificate. — The Simulated Birth Rectification shall continue to be governed by the
processes laid down in R.A. No. 11222 and its IRR except for the following amendments:
(a) In cases where the simulation of the child's certificate of live birth was undertaken by a married couple, the child may continue to use the surname
of the purported father even if at the time the petition was filed, the latter was already deceased;
(b) Under R.A. No. 11222, only the person/s indicated as parents in the Simulated Certificate of Live Birth (SCOLB) could stand as petitioner/s except
in the following circumstances:
1. The purported "parents" are in fact not legally married;
2. The purported parent was single when the SCOLB was registered but at the time of the Petition, she/he is already married and the spouse
is willing to adopt jointly.
SECTION 62. Mandatory Appearance. — The personal appearance of the PAP/s and the child before the RACC Officer shall be likewise mandatory.
The RACC Officer shall prepare the recommendation on the petition not later than thirty (30) working days upon receipt thereof.
SECTION 63. Transmittal of the Recommendation to the NACC. — The RACC Officer shall endorse to the NACC the recommendation on the Petition
together with the original copy of the petition and its supporting documents.
SECTION 64. Order of Adoption. — The Executive Director shall act and decide on the petition within thirty (30) working days upon receipt of the
recommendation from the RACC Officer.
If the Executive Director determines that the adoption shall redound to the best interest of the child, an Order of Adoption which is a registrable civil
registry document, shall be issued stating the full name by which the child shall be known and shall likewise direct the concerned local civil registrar:
(a) To stamp "cancelled" the simulated certificate of live birth and shall be sealed in the civil registry records which can be opened only upon order of
the NACC;
(b) To register the rectified certificate of live birth bearing the true facts of birth of the child and shall be sealed in the civil registry records which can
be opened only upon order of the NACC;
(c) That the new certificate of live birth shall be issued attesting to the fact that the adoptee is the child of the adopter by being registered with the new
name of the child and the adopter's surname; and
(d) To submit to the NACC proof of compliance with all the foregoing within thirty (30) calendar days from receipt of the Order of Adoption.
A printed copy of the Order of Adoption shall be given by the NACC to the concerned parties (PAP/s, RACCO, LCR/s and PSA). To facilitate
transmission, the NACC may send it through courier, email, or other possible means.
A Certificate of Finality shall be issued by the Executive Director after the lapse of ten (10) calendar days from receipt of the Order of Adoption by the
concerned parties and no motion for reconsideration or appeal was made. A copy of the Certificate of Finality shall also be provided to the concerned parties.
The Order of Adoption shall create a legal status to the existing parent-child relationship of the PAP/s and the child. The legitimate filiation that is
created between the adopter and adoptee shall be extended to the adopter/s' immediate family per Section 41 of the Act.
SECTION 65. Judicial Recourse. — A motion for reconsideration of an Order of Adoption may be filed within fifteen (15) days from receipt of a copy
of the same. Upon denial of the motion for reconsideration, the interested party has ten (10) days from receipt of the order of denial to file an appeal before the
Court of Appeals; otherwise, the same shall be final and executory. Rule 43 of the 1997 Rules of Civil Procedure, as amended, shall have suppletory application.
ARTICLE VI
Effects of Adoption
SECTION 66. Legitimacy. — The adoptee shall be considered the legitimate child of the adopter for all intents and purposes and as such is entitled to
all the rights and obligations provided by law to legitimate children born to them without discrimination of any kind. To this end, the adoptee is entitled to love,
guidance, and support in keeping with the means of the family. The legitimate filiation that is created between the adopter and adoptee shall be extended to the
adopter's parents, adopter's legitimate siblings, and legitimate descendants.
The adopter is also given the right to choose the name by which the child is to be known, consistent with the best interest of the child.
 SECTION 67. Parental Authority. — Upon issuance of the Order of Adoption, the adoption shall cease as alternative child care and become parental
care. Adoptive parents shall now have full parental authority over the child. Except in cases where the biological parent is the spouse of the adopter, all legal ties
between the biological parents and the adoptee shall be severed and the same shall then be vested on the adopters.
In case the spouses jointly adopt or one spouse adopts the legitimate child of the other, joint parental authority shall be exercised by the spouses.
SECTION 68. Succession. — In testate and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation. However, if the adoptees and their biological parents have left a will, the law on testamentary succession shall govern.
SECTION 69. Retroactivity of the Adoption. — The effects of adoption shall retroact to the date the Petition was filed.
ARTICLE VII
Post-Adoption Services
SECTION 70. Preliminaries to Adoption Telling. — The adoption social worker of the PAP/s shall assist the adoptive parents in disclosing to the child
the story about the adoption at an age deemed proper by psychosocial standards; Provided, That the actual disclosure regarding the adoption shall be the duty of
the adoptive parents.
SECTION 71. Search or Tracing of Biological Family. — Upon reaching the age of majority, the assistance of the NACC, LGU, or the concerned
child-caring or child-placing agency may be sought to trace the adoptee's biological family and eventually have a face-to-face meet-up. The right of the adoptee to
identity shall take precedence over any other considerations; Provided, That the adoptee, adoptive parents, and biological parents received adequate preparation
from an adoption social worker regarding the said meetup.
SECTION 72. After-care Monitoring and Submission of Report. — Upon finalization of the adoption and the receipt of the amended certificate of live
birth of the child, the NACC shall monitor the parent-child relationship to ensure that the adoption has redounded to the best interest of the child. A Closing
Summary Report shall be prepared by the adoption social worker and submitted to the NACC after completing the after-care monitoring of the adopters and
adoptees after the one (1)-year period. Depending on the age and circumstances of the child, the NACC may require additional visits or reporting after the one-
year period.
SECTION 73. Rescission of Administrative Adoption. — The adoption may be rescinded only upon the notarized petition of the adoptee with the
NACC, or with the assistance of the LSWDO if the adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is incapacitated or by his or
her guardian on any of the following grounds committed by the adopter/s:
(a) Repeated physical or verbal maltreatment by the adopter despite having undergone counseling;
(b) Attempt on the life of the adoptee;
(c) Sexual abuse or violence;
(d) Abandonment and failure to comply with parental obligations; or
(e) Death of the adopter during the minority of the adopted child, thereby parental authority in favor of either the biological parents or the NACC is
restored and ensures that the adopted child, who is still a minor, is not left to fend for himself/herself at a tender age.
Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for
causes provided in Article 919 of the Civil Code of the Philippines.
SECTION 74. Venue for Filing of Petition for Rescission. — The petition for rescission shall be filed with the RACCO where the adoptee resides.
SECTION 75. Petition for Rescission. — Upon the existence of any ground or grounds mentioned in Section 47 of the Act, the adoptee, or with the
assistance of the LSWDO, if the adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is incapacitated or by his or her guardian, the
adoption social worker must file the petition for rescission of adoption before the NACC.
The NACC shall also act on the petition for rescission of adoptions granted/issued by courts prior to the effectivity of the Act.
SECTION 76. Order to Answer. — The NACC shall issue an order requiring the adverse party to answer the petition for rescission within fifteen (15)
calendar days from receipt of a copy thereof. The order and copy of the petition shall be served on the adverse party in such a manner as the NACC may direct.
SECTION 77. Decision. — If the NACC finds that the allegations of the petition for rescission are true, it shall render a decision ordering the
rescission of administrative adoption, with or without costs, as justice requires. The NACC shall:
(a) Order that the parental authority of the biological parent of the adoptee be restored, upon petition of the biological parents, and if in the best interest
of the child, if the adoptee is still a minor or incapacitated, and declare that the reciprocal rights and obligations of the adopter and the
adoptee to each other shall be extinguished. If the biological parent of the adoptee has not filed a petition for restoration of parental
authority or is not known, or if restoring the parental authority over the adoptee is not in the latter's best interest, the NACC shall take legal
custody over the adoptee if still a child;
(b) Declare that successional rights shall revert to their status prior to adoption, as of the date of the decision. Vested rights acquired prior to
administrative rescission shall be respected;
(c) Order the adoptee to use the name stated in the original birth or foundling certificate; and
(d) Order the Civil Registrar where the adoption order was registered to seal the new certificate of live birth of the adoptee and unseal the original and
reinstate the original birth or foundling certificate.
A printed copy of the Decision shall be given by the NACC to the concerned parties (PAP/s, RACCO, LCR/s and PSA). To facilitate transmission, the
NACC may send it through courier, email, or other possible means.
A Certificate of Finality shall be issued by the Executive Director after the lapse of ten (10) calendar days from receipt of the Decision by the
concerned parties and no motion for reconsideration or appeal was made.
SECTION 78. Service of Decision. — A certified true copy of the decision shall be served by the petitioner upon the Civil Registrar concerned within
thirty (30) calendar days. The Civil Registrar shall forthwith enter the rescission order in the register and submit proof of compliance to the NACC within thirty
(30) calendar days from receipt of the order.
SECTION 79. Judicial Recourse. — A motion for reconsideration of the Decision may be filed within fifteen (15) days from receipt of a copy of the
same. Upon denial of the motion for reconsideration, the interested party has ten (10) days from receipt of the order of denial to file an appeal before the Court of
Appeals; otherwise, the same shall be final and executory. Rule 43 of the 1997 Rules of Civil Procedure, as amended, shall have suppletory application.
SECTION 80. Effects of Rescission. — If the petition for rescission of adoption is granted, the legal custody of the NACC shall be restored if the
adoptee is still a minor. The reciprocal right and obligations of the adopters and the adoptee to each other shall be extinguished.
In cases when the petition for rescission of adoption is granted and the biological parents can prove that they are in a position to support and care for
the child and it is in the child's best interest, the biological parents may petition the NACC for the restoration of their parental authority over the child.
The NACC shall order the Civil Registrar General to seal the new certificate of live birth and unseal the original certificate of live birth of the adoptee.
Succession rights shall revert to its status prior to adoption, but only as of the date of the approval of the petition for rescission of adoption. Vested
rights acquired prior to rescission shall be respected.
All the foregoing effects of rescissions of adoption shall be without prejudice to the penalties imposed under the  Revised Penal Code if the criminal
acts are properly proven.
ARTICLE VIII
Procedure for Foster Care and Intercountry Adoption
 SECTION 81. Procedure for Foster Care. — The procedure for Foster Care shall continue to be governed by the processes laid down in the IRR of
R.A. No. 10165, as amended, particularly the venue for applications, matching, and issuance and revocation of foster family care license and foster placement
authority, which shall now be under the NACC.
SECTION 82. Procedure for Intercountry Adoption. — The procedure for Intercountry Adoption shall continue to be governed by the processes laid
down in the IRR of R.A. No. 8043, as amended, and Procedures and Work Instruction Manual (PAWIM).
ARTICLE IX
Violations and Penalties
SECTION 83. Violations and Penalties. —
(a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years or a fine of not less than Fifty thousand pesos
(P50,000.00), but not more than Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court shall be imposed on any person who shall
commit any of the following acts:
1. Obtaining consent for adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts;
2. Non-compliance with the procedures and safeguards provided by the law for adoption; or
3. Subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the registration of the birth of a child under the name of a person who is not the child's biological parent shall be guilty
of simulation of birth and shall be imposed the penalty of imprisonment from eight (8) years and one (1) day to ten (10) years and a fine not exceeding Fifty
thousand pesos (P50,000.00).
(c) Any physician, midwife, nurse, or hospital personnel who, in violation of their oath of the profession, shall cooperate in the execution of the
abovementioned crime shall suffer the penalties herein prescribed as well as the penalty of permanent disqualification from the practice of profession following
relevant prescriptions of the law and governing authorities.
(d) Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents, and communications of
adoption petitions, cases, and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years, or a fine of not less
than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), or both, at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated offense under this Article shall be imposed upon the principals of the
attempt to commit any of the acts herein enumerated. Acts punishable under this Article, when committed by a syndicate and where it involves a child shall be
considered as an offense constituting child trafficking and shall merit the penalty of imprisonment from twenty (20) years and one (1) day to forty (40) years.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another in carrying out any of the unlawful acts defined under this Article.
An offender who is a foreign national shall be deported immediately after service of sentence and perpetually denied entry to the country.
Any government official, employee, or functionary who shall be found guilty of violating any of the provisions of the Act, or who shall conspire with
private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations;  Provided,
That upon the filing of a case, either administrative or criminal, said government official, employee, or functionary concerned shall automatically be suspended
until the resolution of the case.
Under the Act, the adoption discrimination acts, including labelling, shaming, bullying, and negative stigma, among others, are prohibited. Any person
who shall commit said adoption discrimination acts shall be penalized with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Twenty
thousand pesos (P20,000.00), at the discretion of the court.
ARTICLE X
Final Provisions
SECTION 84. Information Dissemination. — The NACC, in coordination with the DILG, Department of Education (DepEd), Department of Justice
(DOJ), Department of Health (DOH), Council for the Welfare of Children (CWC), Philippine Information Agency (PIA), Civil Service Commission (CSC),
Government Service Insurance System (GSIS), Association of Child Caring Agencies in the Philippines (ACCAP), Leagues of Cities and Municipalities of the
Philippines, NGOs focused on child care, and the media, shall disseminate to the public information regarding the Act and these IRR and ensure that alternative
child care and adoption are portrayed on mass media truthfully and free from stigma and discrimination.
The PIA shall strive to rectify mass media portrayals that adopted children are inferior to other children and shall enjoin the Kapisanan ng mga
Brodkaster ng Pilipinas, all print media, and various social media platforms to disseminate positive information on adoption.
The DOH shall ensure that hospital workers are knowledgeable on the adoption process and the criminal liability attached to the act of simulating birth
records.
SECTION 85. Inclusion of Adoption and Alternative Child Care in the Elementary School Curriculum. — In order to promote public acceptance, the
DepEd shall ensure that adoption and alternative child care is included in the curriculum of Edukasyon sa Pagpapakatao.
SECTION 86. Inclusion of Adoption and Alternative Child Care in Child-Friendly Local Governance Audit. — The DILG is hereby mandated to
include adoption and alternative child care as among the criteria/indicators in the Child-Friendly Local Governance Audit.
SECTION 87. Transitory Clause. — All judicial petitions for domestic adoption pending in court upon the effectivity of the Act may be immediately
withdrawn, and parties to the same shall be given the option to avail of the benefits of the Act. Upon the effectivity of the Act and during the pendency of the
establishment of the NACC, the functions relating to foster care, issuance of CDCLAA, and adoptions under Republic Act No. 11222 shall remain with the
DSWD, specifically, its Program Management Bureau (PMB).
In relation to domestic administrative adoption and intercountry adoption processes, a transition team composed of the DSWD and the ICAB shall act
as the NACC. The ICAB Executive Director shall sit as Chairperson of the transition team, assisted by the DSWD-PMB Director as the Vice-Chairperson,
Personnel of the DSWD involved in adoption services may be seconded to the transition team during the three (3)-year period. During this period, social workers
already working with adoption cases may continue to perform all duties assigned to adoption social workers in accordance with the provisions of the Act.
The functions of the RACCO shall, during the three (3)-year period, be performed by the DSWD field offices (FOs), specifically the Adoption
Resource and Referral Units (ARRU) therein. The transition team shall provide technical assistance and policy guidance to personnel of the FOs in handling cases.
A transition team shall be created from the DSWD and the ICAB to ensure non-disruption of performance of functions and continued smooth delivery of services
during the migration of all alternative child care functions and services to the NACC.
During the transition period, all Orders of Adoption issued and signed by the ICAB Executive Director as chairperson of the transition team, upon the
recommendation of its members, shall be approved by the Secretary of the DSWD, or his/her representative in the ICAB Board, within a period of ten (10) days
from the issuance of said order; Provided, That if no action was taken by either the Secretary or his/her representative in the ICAB Board during the prescribed
period, the Order of Adoption shall be deemed approved.
Upon the establishment of the NACC not later than three (3) years from the effectivity of the Act, all applications, submissions, and petitions involving
child care, including the pre-adoption and post-adoption services, pending before the PMB and the ICAB shall be immediately forwarded to the NACC, which
shall perform its functions and powers under the Act. Thereafter, the appropriate personnel of the ICAB and the DSWD involved in alternative child care services
shall be permanently transferred to the NACC. The relevant offices in the regional offices of the DSWD involved in alternative child care shall, hereafter, be
converted into RACCOs.
SECTION 88. Procedure for Adoption Cases Withdrawn from the Court. — Petitions for domestic adoption filed in court and duly withdrawn by the
PAP/s shall be filed with the RACCO. The Petition must include an order from the court approving the withdrawal of the petition for adoption and for the release
of the records including the original documents to the lawyer or PAP/s for the latter to endorse the file to RACCO. The following procedures shall be followed:
(a) Upon receipt of the Petition and the records, the RACCO social worker may require submission of an updated Social Case Study Report of the
child/adoptee, PAP/s, as the case may be, from the PAP/s within fifteen (15) working days from receipt of the request from the RACCO.
The PAP/s shall secure said updated Social Case Study Report from an adoption social worker.
 A review and examination of the Petition and its supporting documents for completeness and accuracy of information shall be done within
fifteen (15) working days. The RACCO social worker may request the PAP/s to submit additional documents as may be necessary, such as
certificates of publication to prove the facts alleged in the Petition. While the PAP/s are complying with the submission of additional
documentary requirements, the running of the 15-day period shall be suspended.
(b) If the Petition is found to be complete and sufficient, the RACCO social worker shall assess the case. The report shall be endorsed to the RACC
Officer who shall then render a recommendation on whether to grant or deny the Petition for Adoption to the NACC. The Petition with the
complete set of documents shall then be transmitted to the NACC within five (5) working days upon receipt by the RACC Officer of the
Petition.
Provided, That, if the RACCO assesses that the adoption will not be for the best interest of the child, the RACCO shall immediately
recommend to the NACC the denial of the petition and consequently, cause the immediate removal of the child from the PAP/s.
(c) Upon receipt of the Petition with supporting documents, the NACC through its assigned social worker shall review and examine the Petition and its
supporting documents for completeness and accuracy of information as stated in the Petition and Social Case Study Report. The NACC may
consult with the CPC as necessary, and determine, within fifteen (15) working days, to either:
1. return the Petition, if found incomplete, for further examination by the RACCO and with a written explanation of its insufficiency; or
2. forward the same to the Executive Director for final approval of the recommendation of grant or denial thereof.
In case the Petition is returned to the RACCO, the latter shall address the concerns raised within fifteen (15) working days from the date of
receipt;
(d) Any person who has personal knowledge of any information, which by ordinary diligence could not be discovered, and which when introduced and
admitted, would result in the denial of the Petition and protect the child from harm or abuse may, at any time during the supervised trial
custody or before the issuance of the Order of Adoption, interpose an objection to the Petition and file a complaint supported by evidence to
that effect, with the NACC, through the RACCO where the Petition was filed. The complaint will be subjected to verification and further
investigation.
(e) The NACC social worker shall prepare the Order of Adoption or Denial and forward the same to the NACC Executive Director, who shall sign and
issue the same within fifteen (15) working days. The Order of Adoption or Denial shall be endorsed to the Secretary of the DSWD for
approval. If no action was taken by the DSWD Secretary or his representative within ten (10) calendar days from receipt of the
endorsement, the Order of Adoption or Denial shall be deemed approved.
However, if within the fifteen (15)-working day period, the Executive Director finds that there is a need to return the Petition to the RACCO
for submission of additional information and documents or conduct further investigation, as the case may be, the action thereon by the
RACCO and the final decision by the Executive Director whether or not to grant the Petition shall be within fifteen (15) working days from
the day of the return of the Petition to the RACCO, except when the requirements needed are of such nature that cannot be easily obtained
by the PAP/s.
(f) The Order of Adoption obtained under the Act shall indicate the name by which the child shall be known. The Order of Adoption shall also include
an order for the Local Civil Registrar of the place where the adoptee was registered that:
1. The original certificate of live birth of the adoptee shall be sealed with the annotation that a new certificate of live birth has been issued in
its place which can be opened only upon order of the NACC;
2. A new certificate of live birth shall be issued attesting to the fact that the adoptee is the child of the adopter by being registered with the
adopter's surname. The new certificate of live birth shall not bear any notation that it is an amended issue; and
3. To submit to the NACC proof of compliance with all the foregoing within thirty (30) calendar days from receipt of the Order of Adoption
and Certificate of Finality.
A printed copy of the Order of Adoption shall be provided by the NACC to the concerned parties (PAP/s, RACCO, LCR/s and PSA). To facilitate
transmission, the NACC may send it through courier, email, or other possible means.
A Certificate of Finality shall be issued by the Executive Director after the lapse of ten (10) calendar days from receipt of the Order of Adoption by the
concerned parties and no motion for reconsideration or appeal was made. A copy of the Certificate of Finality shall also be provided to the concerned parties.
SECTION 89. Designation of the Second Week of June as Adoption and Alternative Child Care Week. — The second week of June of every year shall
be designated as Adoption and Alternative Child Care Week.
SECTION 90. Saving Clause. — Nothing in the Act or these IRR shall affect any right of an adoptee acquired by judicial proceeding or otherwise
before the commencement of the Act.
SECTION 91. Separability Clause. — If any provision or part of these IRR is declared unconstitutional or invalid, the remaining parts or provisions
not affected shall remain in full force and effect.
SECTION 92. Repealing Clause. — All rules and regulations, orders, resolutions, and parts thereof that are inconsistent with the provisions of this
Rule are hereby repealed or modified accordingly.
SECTION 93. Effectivity Clause. — These IRR shall take effect fifteen (15) days after publication in a newspaper of general circulation or in the
Official Gazette; Provided, That three (3) certified true copies have been filed with the University of the Philippines Law Center's Office of the National
Administrative Register (UPLC-ONAR).
|||  (Implementing Rules and Regulations of Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act), IRR of RA 11642, [June 28,
2022])