Reyes, Juan Paolo

2022400237
Nov. 16, 2022
1S - PERSONS AND FAMILY RELATIONS

SALIENT FEATURES OF REPUBLIC ACT 11642

Also known as “DOMESTIC ADMINISTRATIVE ADOPTION AND ALTERNATIVE

CHILD CARE ACT."
 Took effect on January 28, 2022

Affected Laws
Amended the following laws: Repealed the following laws:
RA 8043 - Inter-country Adoption Act of 1995 RA 8552 - Domestic Adoption Act of 1998
RA 11222 – Simulated Birth Rectification Act RA 9523 - Requiring the Certification of the
DSWD to declare a child legally available for
RA 10165 - Foster Care Act of 2012
adoption.

NACC – National Authority for Child Care

• Duties, functions and responsibilities of the Inter-country Adoption Board (ICAB),
DSWD and other government agencies related to alternative child care is transferred to
NACC.
• Jurisdiction - Original and exclusive jurisdiction of matters on alternative child care.
Reorganized the Inter-country Adoption Board (ICAB) into National Authority for Child Care
(NACC) as a one-stop quasi-judicial agency on alternative child care responsible for:
1. Administrative domestic adoptions;
2. Adult adoption;
3. Foster care;
4. Certification of a child legally available for adoption;
5. Inter-country adoption;
 6. Simulated birth rectification, and;
7. Imposition of penalties for violation.

Section 5. National Authority for Child Care (NACC). – The Inter-Country Adoption Board
(ICAB) is hereby reorganized to a one-step 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.

National Authority for Child Care composed of a Council and Secretariat

The Council shall serve as the policy-making body to be appointed by the President for a non-
renewable term of 6 years. Council shall serve as the Appeals Committee contested denials of
petitions issued by the Executive Director or the Deputy Director for Services.
A. COUNCIL Composition:
• Ex-officio Chairman – DSWD Secretary
• 6 members
• 1 Psychiatrist or psychologist;
• 2 Lawyers who shall have at least the qualifications of a RTC judge;
• 1 Registered social worker, and;
• 2 Representatives from NGOs engaged in child-caring and child-placing
activities.
B. SECRETARIAT Composition:
The Secretariat shall implement and execute policies on alternative child care.
 Executive Director - rank of an Undersecretary
 2 Deputy directors
 1 for services
 1 for administration and finance

Establishment of Regional Alternative Child Care Office (RACCO) in every region.

Will be tasked to receive local petitions for Certificate Declaring a Child Legally Available for
Adoption (CDCLAA) and adoption, Handle issuance of CDCLAA, Domestic administrative
adoption, Inter-country adoption, Foster care, Family-like care, kinship care, residential care,
Rectification of simulated birth

Who may ADOPT:

1. Any FILIPINO CITIZEN at least twenty-five (25) years of age

 In possession of full civil capacity and legal rights

 Of good moral character
 Has not convicted of crimes involving moral torpitude
 At least sixteen (16) years older than the adoptee
o (waived when the adopter is the biological parent of the adoptee, or is the
spouse of the adoptee's parent)

2. The legal guardian with respect to the ward after the termination of the guardianship
and clearance of financial accountabilities
3. Foster parent with respect to the foster child
4. 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
 with diplomatic relations with the Republic of the Philippines

Who may be ADOPTED:

1. Any child who has been issued a CDCLAA;
2. The legitimate child of one spouse by the other spouse;
3. An illegitimate child by a qualified adopter to improve status of legitimacy;
4. 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;
5. A foster child;
6. A child whose adoption has been previously rescinded;
7. 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
8. A relative of the adopter.
Benefits of Adoptive Parents:
 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
 paid maternity and paternity leaves
Effects of Adoption
1. Adoptee shall be considered the legitimate child of the adopter
2. 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.
3. The adopter is also given the right to choose the name by which the child is to be known
4. Adoptive parents shall have full parental authority over the child
5. With intestate and testate succession, the adopters and the adoptee shall have reciprocal
rights of succession without distinction from legitimate filiations.

Grounds for Rescission of Administrative Adoption.

1. Repeated physical or verbal maltreatment by the adopter despite having undergone
counseling;
2. Attempt on the life of the adoptee;
3. Sexual abuse or violence; or
4. Abandonment and failure to comply with parental obligations.

FEATURES OF THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF

REPUBLIC ACT 116421
Petition for the issuance of Certificate Declaring a Child Legally Available for
Adoption (CDCLAA)
 filed by the petitioners with the RACCO of the city or municipality where the child was
located.
Declaration of Availability for Adoption of Involuntarily Committed Child
 Under Art. 141, par. 4(a) and Art. 142 of P.D. 603
 The Certificate Declaring a Child Legally Available for Adoption
 (CDCLAA) shall be issued by NACC
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  Within three (3) months from involuntary commitment
 PETITION (Sworn Affidavit) supporting documents:
1. Child case study report
2. Original copy of the order directing involuntary commitment
3. Birth Certificate (PSA/Authenticated LCR Copy)
4. Recent photograph of the child
Declaration of Availability for Adoption of Voluntary Committed Child
• Article 154 of Presidential Decree No. 603
• The Certificate Declaring a Child Legally Available for Adoption (CDCLAA)
shall be issued by the Executive Director.
• Within three (3) months following the filing of the Deed of Voluntary
Commitment (DVC) as signed by the parents with the NACC.
• Petition of Restoration shall also be filed within three (3) months from the signing
of DVC.
• Supporting documents:
i. Child case study report
ii. Original copy of Deed of Voluntary Commitment
iii. Birth Certificate (PSA/Authenticated LCR Copy)
iv. Recent photograph of the child
Petition for CDCLAA of Abandoned or Foundlings,
• CDCLAA shall be issued by the Executive Director
• Within three (3) months following the issuance of the child's foundling certificate
or birth certificate.
• Supporting Documents;
i. Child case study report
ii. Proof of efforts to locate biological parents
iii. Birth Certificate (PSA/Authenticated LCR Copy)
iv. Recent photograph of the child
RACCO will review Petition and comply with posting requirements
• If sufficient, notice of petition will be posted in conspicuous place for five (5) consecutive
days.
• If insufficient, case shall be put on hold and petition return to petitioner until requirements are
met.
RACCO recommends to the Executive Director of NACC
• Within 15 days after completion of posting, recommends for approval or denial of the Petition.
EXECUTIVE DIRECTOR will issue the CDCLAA if approved.
• Within 7 days from receipt of recommendation of RACCO
Opposition to the CDCLAA
• Prior to issuance, it will be put on hold
• Appeal
o Motion for Reconsideration filed within 15 days from receipt
o If MR is denied, may appeal to the Court of Appeals within 10
days from receipt of order.
Petition for Cancellation of CDCLAA
• To RACCO where CDCLAA was filed

Administrative Matter No. 02-6-02-SC

RE: Rule on Adoption
Guidelines on the implications of R.A. No. 11642 on the Rule on Adoption2
1. Upon effectivity of RA 11642, courts may no longer receive or accept petitions for
domestic adoption. Jurisdiction over domestic adoption cases shall now be with the
newly created National Authority for Child Care (NACC), a quasi-judicial agency
attached to the Department of Social Welfare and Development.

2. Adoptions proceedings are now administrative.

3. Petitioners have the option to immediately withdraw judicial petitions for domestic
adoption pending in court, regardless of the stage of the proceedings. Otherwise, the
courts shall continue to hear and decide such petitions.

4. The courts shall give petitioners time to manifest their intent to withdraw. If petitioners
fail to notify the court within the set period, they are considered to have waived the
option to withdraw their petitions.

5. Petitioners, and their respective counsels, who avail of the benefits of RA 11642 without
first withdrawing their pending petitions before the courts shall be sanctioned under the
Rules of Court.

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 6. Domestic adoption provisions in the Rule on Adoption are now rendered ineffective
except for pending domestic cases before the courts not withdrawn by petitioners.

7. Rescission of adoption under Section 47 of RA 11642 covers judicial adoptions.

8. Inter-country adoption petitions pending before the courts pursuant to Part B of the Rule
on Adoption shall be dismissed.

9. All courts are required to submit to the Office of the Court Administrator a list and status
report of all pending adoption cases, including archived cases.
RA 11642 took effect on January 28, 2022 with the goal of making domestic
adoption proceedings simpler and less costly. The law also seeks to streamline
alternative child care services.

DSWD Memorandum Circular No. 03, S. 20223

GUIDELINES ON THE IMPLEMENTATION OF SECTION 56 OF R.A. 11642
The guidelines issued on April 28, 2022 will serve as the basis of implementing Section 56 or the
Transitory Clause of Republic Act 11642 or the ”DOMESTIC ADMINISTRATIVE
ADOPTION AND ALTERNATIVE CHILD CARE ACT.”

It highlights the Implementing procedures for adoption cases withdrawn from the court, and
procedures for new petitions for administrative adoption
Child case management by DSWD Residential Care Facility and Child Caring
Agency and Local Social Welfare Development Office were also highlighted.
Procedures for the new applications for adoptive parents in RACCO and child placing
agencies set guidelines for social workers on what to do.
Procedures were also set for foster care and simulated birth rectification, intercountry adoption,
disruptive pre-adoptive placement, process of the registration of
order of adoption, petition for rescission of adoption even travel clearance were

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emphasized by the Department during the transitory period of this Act.