ADOPTION LAWS

PD 603, December 10, 1974 – The Child and Youth Welfare Code

Title I – General Principles

Article 1. Declaration of Policy. - The Child is one of the most important

assets of the nation. Every effort should be exerted to promote his welfare
and enhance his opportunities for a useful and happy life.

The child is not a mere creature of the State. Hence, his individual traits and
aptitudes should be cultivated to the utmost insofar as they do not conflict
with the general welfare.

The molding of the character of the child starts at the home. Consequently,
every member of the family should strive to make the home a wholesome
and harmonious place as its atmosphere and conditions will greatly influence
the child's development.

Attachment to the home and strong family ties should be encouraged but not
to the extent of making the home isolated and exclusive and unconcerned
with the interests of the community and the country.

The natural right and duty of parents in the rearing of the child for civic
efficiency should receive the aid and support of the government.

Other institutions, like the school, the church, the guild, and the community
in general, should assist the home and the State in the endeavor to prepare
the child for the responsibilities of adulthood.

Article 2. Title and Scope of Code. - The Code shall be known as the Child
and Youth Welfare Code. It shall apply to persons below twenty-one years of
age except those emancipated in accordance with law. "Child" or "minor" or
"youth" as used in this Code, shall refer to such persons.

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Title II – Child and Youth Welfare And The Home

Chapter I – Parental Authority

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SECTION B. Adoption

Article 27. Who May Adopt. - Any person of age and in full possession of his
civil rights may adopt: Provided, That he is in a position to support and care
for his legitimate, legitimated, acknowledged natural children, or natural
children by legal fiction, or other illegitimate children, in keeping with the
means, both material and otherwise, of the family. In all cases of adoption
the adopter must be at least fifteen years older than the person to be
adopted.

Article 28. Who May Not Adopt. - The following persons may not adopt:

1. A married person without the written consent of the spouse;

2. The guardian with respect to the ward prior to final approval of his
accounts;
3. Any person who has been convicted of a crime involving moral turpitude;
4. An alien who is disqualified to adopt according to the laws of his own
country or one with whose government the Republic of the Philippines has
broken diplomatic relations.

Article 29. Adoption by Husband and Wife. - Husband and Wife may jointly
adopt. In such case, parental authority shall be exercised as if the child were
their own by nature.

Article 30. Who May Not Be Adopted. - The following may not be adopted:

1. A married person, without the written consent of the spouse;

2. An alien with whose government the Republic of the Philippines has
broken diplomatic relations;
3. A person who has already been adopted unless the adoption has been
previously revoked or rescinded in accordance with this Chapter.

Article 31. Whose Consent is Necessary. - The written consent of the

following to the adoption shall be necessary:

1. The person to be adopted, if fourteen years of age or over;

2. The natural parents of the child or his legal guardian of the Department of
Social Welfare or any duly licensed child placement agency under whose
care the child may be;
3. The natural children, fourteen years and above, of the adopting parents.

Article 32. Hurried Decisions. - In all proceedings for adoption, steps should
be taken by the court to prevent the natural parents from making hurried
decisions caused by strain or anxiety to give up the child, and to ascertain,
that all measures to strengthen the family have been exhausted and that
any prolonged stay of the child in his own home will be inimical to his welfare
and interest.

Article 33. Case Study. - No petition for adoption shall be granted unless the
Department of Social Welfare, or the Social Work and Counselling Division, in
case of Juvenile and Domestic Relations Courts, has made a case study of
the child to be adopted, his natural parents as well as the prospective
adopting parents, and has submitted its report and recommendations on the
matter to the court hearing such petition. The Department of Social Welfare
shall intervene on behalf of the child if it finds, after such case study, that
the petition should be denied.

Article 34. Procedure. - The proceedings for adoption shall be governed by

the Rules of Court in so far as they are not in conflict with this Chapter.

Article 35. Trial Custody. - No petition for adoption shall be finally granted
unless and until the adopting parents are given by the court a supervised
trial custody period of at least six months to assess their adjustment and
emotional readiness for the legal union. During the period of trial custody
parental authority shall be vested in the adopting parents.

The court may, upon its own motion or on motion of the petitioner, reduce or
dispense with the trial period if it finds that it is to the best interest of the
child. In such case, the court shall state its reasons for reducing said period.

Article 36. Decree of Adoption. - If, after considering the report of the
Department of Social Welfare or duly licensed child placement agency and
the evidence submitted before it, the court is satisfied that the petitioner is
qualified to maintain, care for, and educate the child, that the trial custody
period has been completed, and that the best interests of the child will be
promoted by the adoption, a decree of adoption shall be entered, which shall
be effective as of the date the original petition was filed. The decree shall
state the name by which the child is thenceforth to be known.

Article 37. Civil Registry Record. - The adoption shall be recorded in the local
civil register and shall be annotated on the record of birth, and the same
shall entitle the adopted person to the issuance of an amended certificate of
birth.

Article 38. Confidential Nature of Proceedings and Records. - All hearings in

adoption cases shall be confidential and shall not be open to the public. All
records, books and papers relating to the adoption cases in the files of the
court, of the Department of Social Welfare, and of any other agency or
institution participating in the adoption proceedings, shall be kept strictly
confidential.

Subject to the provisions of Article 7, in any case in which information from

such records, books and papers is needed, the person or agency requesting
the release of the information may file a petition to the court which entered
the decree of adoption for its release. If the court finds that the disclosure of
the information is necessary for purposes connected with or arising out of
the adoption and will be for the best interests of the child, the court may
permit the necessary information to be released, restricting the purposes for
which it may be used.

Article 39. Effects of Adoption. - The adoption shall:

1. Give to the adopted person the same rights and duties as if he were a
legitimate child of the adopter: Provided, That an adopted child cannot
acquire Philippine citizenship by virtue of such adoption;
2. Dissolve the authority vested in the natural parent or parents, except
where the adopter is the spouse of the surviving natural parent;
3. Entitle the adopted person to use the adopter's surname; and
4. Make the adopted person a legal heir of the adopter: Provided, That if the
adopter is survived by legitimate parents or ascendants and by an adopted
person, the latter shall not have more successional rights than an
acknowledged natural child: Provided, further, That any property received
gratuitously by the adopted from the adopter shall revert to the adopter
should the former predecease the latter without legitimate issue unless the
adopted has, during his lifetime, alienated such property: Provided, finally,
That in the last case, should the adopted leave no property other than that
received from the adopter, and he is survived by illegitimate issue or a
spouse, such illegitimate issue collectively or the spouse shall receive one-
fourth of such property; if the adopted is survived by illegitimate issue and a
spouse, then the former collectively shall receive one-fourth and the latter
also one-fourth, the rest in any case reverting to the adopter, observing in
the case of the illegitimate issue the proportion provided for in Article 895 of
the Civil Code.

The adopter shall not be a legal heir of the adopted person, whose parents
by nature shall inherit from him, except that if the latter are both dead, the
adopting parent or parents take the place of the natural parents in the line of
succession, whether testate or interstate.

Article 40. Rescission by Adopted. - The adopted person or the Department

of Social Welfare or any duly licensed child placement agency if the adopted
is still a minor or otherwise incapacitated, may ask for the rescission of the
adoption on the same grounds that cause the loss of parental authority
under the Civil Code.

Article 41. Revocation by Adopter. - The adopter may petition the court for
the revocation of the adoption in any of these cases:
1. If the adopted person has attempted against the life of the adopter and/or
his spouse;
2. When the adopted minor has abandoned the home of the adopter for
more than three years and efforts have been exhausted to locate the minor
within the stated period;
3. When by other acts the adopted person has definitely repudiated the
adoption.

[This has already been repealed by the suceeding laws on adoption.]

Article 42. Effects of Rescission or Revocation. - Where the adopted minor

has not reached the age of majority at the time of the revocation or
rescission referred to in the next preceding articles, the court in the same
proceeding shall determine whether he should be returned to the parental
authority of his natural parents or remitted to the Department of Social
Welfare or any duly licensed child placement agency or whether a guardian
over his person and property should be appointed.

Where the adopted child has reached the age of majority, the revocation or
rescission, if and when granted by the court, shall release him from all
obligations to his adopting parents and shall extinguish all his rights against
them: Provided, That if the said adopted person is physically or mentally
handicapped as to need a guardian over his person or property, or both, the
court may appoint a guardian in accordance with the provisions of existing
law.

In all cases of revocation or rescission, the adopted shall lose the right to
continue using the adopter's surname and the court shall order the
amendment of the records in the Civil Register in accordance with its
decision.

RA 8043, June 7, 1995 – An Act Establishing The Rules To Govern

Inter-Country Adoption Of Filipino Children, And For Other Purposes

Article I – General Provisions

SECTION 1. Short Title. — This Act shall be known as the "Inter-Country

Adoption Act of 1995.

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State

to provide every neglected and abandoned child with a family that will
provide such child with love and care as well as opportunities for growth and
development. Towards this end, efforts shall be exerted to place the child
with an adoptive family in the Philippines. However, recognizing that inter-
country adoption may be considered as allowing aliens, not presently
allowed by law to adopt Filipino children if such children cannot be adopted
by qualified Filipino citizens or aliens, the State shall take measures to
ensure that inter-country adoptions are allowed when the same shall prove
beneficial to the child's best interests, and shall serve and protect his/her
fundamental rights.

SEC. 3. Definition of Terms. — As used in this Act, the term:

a. Inter-country adoption refers to the socio-legal process of adopting a

Filipino child by a foreigner or a Filipino citizen permanently residing abroad
where the petition is filed, the supervised trial custody is undertaken, and
the decree of adoption is issued outside the Philippines.

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f. Legally-free child means a child who has been voluntarily or involuntarily
committed to the Department, in accordance with the Child and Youth
Welfare Code.

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Article II – The Inter-Country Adoption Board

SEC. 4. The Inter-Country Adoption Board. — There is hereby created the

Inter-Country Adoption Board, hereinafter referred to as the Board, to act as
the central authority in matters relating to inter-country adoption x x x

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SEC. 6. Powers and Functions of the Board. — The Board shall have the
following powers and functions:

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e. to determine the form and contents of the application for inter-country

adoption;

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m. to perform such other functions on matters relating to inter-country

adoption as may be determined by the President.

Article III – Procedure

SEC. 7. Inter-Country Adoption as the Last Resort. — The Board shall ensure
that all possibilities for adoption of the child under the Family Code have
been exhausted and that inter-country adoption is in the best interest of the
child. Towards this end, the Board shall set up the guidelines to ensure that
steps will be taken to place the child in the Philippines before the child is
placed for inter-country adoption: Provided, however, That the maximum
number that may be allowed for foreign adoption shall not exceed six
hundred (600) a year for the first five (5) years.

SEC. 8. Who May be Adopted. — Only a legally free child may be the subject
of inter-country adoption. In order that such child may be considered for
placement, the following documents must be submitted to the Board:

a. Child study;
b. Birth certificate/foundling certificate;
c. Deed of voluntary commitment/decree of abandonment/ death certificate
of parents;
d. Medical evaluation/history;
e. Psychological evaluation, as necessary; and
f. Recent photo of the child.

SEC. 9. Who May Adopt. — Any alien or a Filipino citizen permanently

residing abroad may file an application for inter-country adoption of a Filipino
child if he/she:

a. is at least twenty-seven (27) years of age and at least sixteen (16) years
older than the child to be adopted, at the time of application unless the
adoptor is the parent by nature of the child to be adopted or the spouse of
such parent;

b. if married, his/her spouse must jointly file for the adoption;

c. has the capacity to act and assume all rights and responsibilities of
parental authority under his national laws, and has undergone the
appropriate counseling from an accredited counselor in his/her country;

d. has not been convicted of a crime involving moral turpitude;

e. is eligible to adopt under his/her national law;

f. is in a position to provide the proper care and support and to give the
necessary moral values and example to all his children, including the child to
be adopted;

g. agrees to uphold the basic rights of the child as embodied under Philippine
laws, the U.N. Convention on the Rights of the Child, and to abide by the
rules and regulations issued to implement the provisions of this Act;

h. comes from a country with whom the Philippines has diplomatic relations
and whose government maintains a similarly authorized and accredited
agency and that adoption is allowed under his/her national laws; and

i. possesses all the qualifications and none of the disqualifications provided

herein and in other applicable Philippine laws.

SEC. 10. Where to File Application. — An application to adopt a Filipino child

shall be filed either with the Philippine Regional Trial Court having jurisdiction
over the child, or with the Board, through an intermediate agency, whether
governmental or an authorized and accredited agency, in the country of the
prospective adoptive parents, which application shall be in accordance with
the requirements as set forth in the implementing rules and regulations to be
promulgated by the Board.

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The Rules of Court shall apply in case of adoption by judicial proceedings.

SEC. 11. Family Selection /Matching. — No child shall be matched to a

foreign adoptive family unless it is satisfactorily shown that the child cannot
be adopted locally. The clearance, as issued by the Board, with the copy of
the minutes of the meetings, shall form part of the records of the child to be
adopted. When the Board is ready to transmit the Placement Authority to the
authorized and accredited inter-country adoption agency and all the travel
documents of the child are ready, the adoptive parents, or any one of them,
shall personally fetch the child in the Philippines.

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SEC. 14. Supervision of Trial Custody. — The governmental agency or the

authorized and accredited agency in the country of the adoptive parents
which filed the application for inter-country adoption shall be responsible for
the trial custody and the care of the child. It shall also provide family
counseling and other related services. The trial custody shall be for a period
of six (6) months from the time of placement. Only after the lapse of the
period of trial custody shall a decree of adoption be issued in the said
country, a copy of which shall be sent to the Board to form part of the
records of the child.

During the trial custody, the adopting parent(s) shall submit to the
governmental agency or the authorized and accredited agency, which shall
in turn transmit a copy to the Board, a progress report of the child's
adjustment. The progress report shall be taken into consideration in deciding
whether or not to issue the decree of adoption.
The Department of Foreign Affairs shall set-up a system by which Filipino
children sent abroad for trial custody are monitored and checked as reported
by the authorized and accredited inter-country adoption agency as well as
the repatriation to the Philippines of a Filipino child whose adoption has not
been approved.

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Article IV – Penalties

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Article V – Final Provisions

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SEC. 21. Repealing Clause. — Any law, decree, executive order,

administrative order or rules and regulations contrary to, or inconsistent with
the provisions of this Act are hereby repealed, modified or amended
accordingly.

RA 8552, February 25, 1998 – An Act Establishing The Rules And

Policies On the Domestic Adoption Of Filipino Children And For
Other Purposes

Article I – General Provisions

Sec. 1. Short Title. Domestic Adoption Act of 1998.

Sec. 2. Declaration of Policies. (a) It is hereby declared the policy of the State
to ensure that every child remains under the care and custody of his/her
parent(s) and be provided with love, care, understanding and security
towards the full and harmonious development of his/her 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.

(b) In all matters relating to the care, custody and adoption of a child, his/her
interest shall be the paramount consideration in accordance with the tenets
set forth in the United Nations (UN) Convention on the Rights of the Child; UN
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 Intercountry Adoption.
Toward this end, the State shall provide alternative protection and assistance
through foster care or adoption for every child who is neglected, orphaned,
or abandoned.

(c) It shall also be a State policy to:

(i) Safeguard the biological parent(s) from making hurried decisions to
relinquish his/her parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her
biological parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her
parental authority and custody over his/her adopted child.

Any voluntary or involuntary termination of parental authority shall be

administratively or judicially declared so as to establish the status of
the child as "legally available for adoption" and his/her custody
 transferred to the Department of Social Welfare and Development or to
any duly licensed and accredited child-placing or child-caring agency,
which entity shall be authorized to take steps for the permanent
placement of the child;

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(vi) Encourage domestic adoption so as to preserve the child's identity

and culture in his/her native land, and only when this is not available
shall intercountry adoption be considered as a last resort.

Section 3. Definition of Terms. – For purposes of this Act, the following terms
shall be defined as:

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(b) "A child legally available for adoption" refers to a child who has
been voluntarily or involuntarily committed to the Department or to a
duly licensed and accredited child-placing or child-caring agency, freed
of the parental authority of his/her biological parent(s) or guardian or
adopter(s) in case of rescission of adoption.

(c) "Voluntarily committed child" is one whose parent(s) knowingly and

willingly relinquishes parental authority to the Department.

(d) "Involuntarily committed child" is one whose parent(s), known or

unknown, has been permanently and judicially deprived of parental
authority due to abandonment; substantial, continuous, or repeated
neglect; abuse; or incompetence to discharge parental responsibilities.

(e) "Abandoned child" refers to one who has no proper parental care or
guardianship or whose parent(s) has deserted him/her for a period of
at least six (6) continuous months and has been judicially declared as
such.

(f) "Supervised trial custody" is a period of time within which a social

worker oversees the adjustment and emotional readiness of both
adopter(s) and adoptee in stabilizing their filial relationship.

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(j) "Simulation of birth" is the tampering of the civil registry making it

appear in the birth records that a certain child was born to a person
who is not his/her biological mother, causing such child to lose his/her
true identity and status.

Article II – Pre-Adtoption Services

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Article III – Eligibility

Sec. 7. Who may Adopt. The following may adopt:

(a) Any Filipino citizen

i. of legal age;
ii. in possession of full civil capacity and legal rights;
iii. of good moral character;
iv. has not been convicted of a crime involving moral turpitude;
v. emotionally and psychologically capable of caring for
children;
 vi. at least 16 years older than the adoptee; and
vii. who is in a position to support and care for his/her children in
keeping with the means of the family.

The requirement of 16-year difference between the age of the adopter

and adoptee may be waived when [1] the adopter is the biological
parent of the adoptee, or is [2] the spouse of the adoptee’s parent.

(b) Any alien possessing the same qualifications for Filipino nationals,
Provided, That –
i) his/her country has diplomatic relations with the Republic of the
Philippines;
ii) that he/she has been living in the Philippines for at least 3
continuous years prior to the filing of the application for
adoption and maintains such residence until the adoption is
entered;
iii) that he/she has been certified by his/her diplomatic/consular office
or any appropriate government agency that he/she has the legal
capacity to adopt in his/her country; and
iv) that his/her government allows the adoptee to enter his/her
country as his/her adopted son/daughter.

Provided, further, that the requirements on residency and

certification of the alien’s qualification to adopt in his/her country may
be waived for the following:

i) a former Filipino citizen who seeks to adopt a relative within

the 4th degree of consanguinity or affinity; or
ii) one who seeks to adopt the legitimate son/daughter of his/her
Filipino spouse; or
iii) one who is married to a Filipino citizen and seeks to adopt
joint with his/her spouse a relative within the 4th degree of
consanguinity or affinity of the Filipino spouse; or

(c) The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.

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

i) if one spouse seeks to adopt the legitimate son/daughter of the

other; or
ii) if one spouse seeks to adopt his/her own illegitimate
son/daughter: Provided, However, that the other spouse has
signified his/her consent thereto; or
iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt, or one spouse adopts the
illegitimate son/daughter of the other, joint parental authority shall
be exercised by the spouses.

Sec. 8. Who May Be Adopted. The following may be adopted.

(a) Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other
spouse;
(c) An illegitimate son/daughter by a qualified adopter to
improve his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has
been consistently considered and treated by the adopter(s) as his/her
own child since minority;
 (e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided,
That no proceedings shall be initiated within six (6) months from the
time of death of said parent(s).

Sec. 9. Whose Consent is Necessary to the Adoption.

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Article IV – Procedure

Section 10. Hurried Decisions. – In all proceedings for adoption, the court
shall require proof that the biological parent(s) has been properly counseled
to prevent him/her 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 his/her own
home will be inimical to his/her welfare and interest.

Section 11. Case Study. [already amended by Art. 11642]

Section 12. Supervised Trial Custody. – [same, already amended by RA
11642.]

Section 13. Decree of Adoption. – If, after the publication of the order of
hearing has been complied with, and no opposition has been interposed to
the petition, and after consideration of the case studies, the qualifications of
the adopter(s), trial custody report and the evidence submitted, the court is
convinced that the petitioners are qualified to adopt, and that the adoption
would redound to the best interest of the adoptee, a decree of adoption shall
be entered which shall be effective as of the date the original petition was
filed. This provision shall also apply in case the petitioner(s) dies before the
issuance of the decree of adoption to protect the interest of the adoptee. The
decree shall state the name by which the child is to be known.

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Article V – Effects of Adoption

Sec. 16. Parental Authority. – Except in cases where the biological parent is
the spouse of the adopter, all legal ties between the biological parent(s) and
the adoptee shall be severed and the same shall then be vested on the
adopter(s).

Sec. 17. Legitimacy. – The adoptee shall be considered the legitimate

son/daughter of the adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by law to legitimate
sons/daughters 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.

Sec. 18. Succession. – In legal and intestate succession, the adopter(s) and
the adoptee shall have reciprocal rights of succession without distinction
from legitimate filiation. However, if the adoptee and his/her biological
parent(s) had left a will, the law on testamentary succession shall govern.

Article VI – Rescission of Adoption

Section 19. Grounds for Rescission of Adoption. – Upon petition of the

adoptee, with the assistance of the Department if a minor or if over eighteen
(18) years of age but is incapacitated, as guardian/counsel, the adoption
may be rescinded on any of the following grounds committed by the
adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s)
despite having undergone counseling; (b) attempt on the life of the adoptee;
(c) sexual assault 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(s). However, the adopter(s) may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.

Section 20. Effects of Rescission. – If the petition is granted, the parental

authority of the adoptee's biological parent(s), if known, or the legal custody
of the Department shall be restored if the adoptee is still a minor or
incapacitated. The reciprocal rights and obligations of the adopter(s) and the
adoptee to each other shall be extinguished.

The court shall order the Civil Registrar to cancel the amended certificate of
birth of the adoptee and restore his/her original birth certificate.

Succession rights shall revert to its status prior to adoption, but only as of
the date of judgment of judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.

All the foregoing effects of rescission of adoption shall be without prejudice

to the penalties imposable under the Penal Code if the criminal acts are
properly proven.

Article VII – Violations and Penalties

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Section 22. Rectification of Simulated Births. – A person who has, prior to the
effectivity of this Act, simulated the birth of a child shall not be punished for
such act: Provided, That the simulation of birth was made for the best
interest of the child and that he/she has been consistently considered and
treated by that person as his/her own son/daughter: Provided, further, That
the application for correction of the birth registration and petition for
adoption shall be filed within five (5) years from the effectivity of this Act and
completed thereafter: Provided, finally, That such person complies with the
procedure as specified in Article IV of this Act and other requirements as
determined by the Department.

Article VIII – Final Provisions

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Section 26. Repealing Clause. – Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule, or regulation
contrary to, or inconsistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.

RA 11222, February 21, 2019 – An Act Allowing The Rectification of

Simulated Birth Records and Prescribing Administrative Adoption
Proceedings for the Puporse.

Article I – General Provisions

Sec. 1. Short Title. Simulated Birth Rectification Act

Sec. 2. Objectives. This Act shall have the following objectives:

(a) To grant amnesty and allow the rectification of the simulated birth
of a child where the simulation was made for the best interest of the
child, and that such child has been consistently considered and
treated by the person or persons who simulated such birth as her, his, or
their own daughter or son;

(b) To fix the status and filiation of a child whose birth was simulated by
giving such child all the benefits of adoption and ensuring that the child
shall be entitled to all the rights provided by law to legally adopted children,
without any discrimination of any kind, as well as to love, guidance, and
support from the child’s adoptive family;

(c) To exempt from criminal, civil, and administrative liability those who
simulated the birth record of a child prior to the effectivity of this Act:
Provided, That a petition for adoption with an application for the
rectification of the simulated birth record if filed within 10 years from the
effectivity of this Act.

(d) To provide for and allow a simpler and less costly administrative
adoption proceeding where the child has been living with the person or
persons who simulated her or his birth record for at least 3 years before the
effectivity of this Act; and

(e) To educate and inform the public about the rectification of simulated
births, and to encourage people to avail of the benefits of this Act.

Sec. 3. Definition of Terms. As used in this Act.

(a) Certificate Declaring a Child Legally Available for Adoption

(CDCLAA)

(b) Child

(c) Foundling

(d) Regional Director

(e) Secretary (DSWD)

(f) 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; and

(g) Social Welfare and Development Officer

Article II – Rectification of Simulated Births

Sec. 4. Rectification of Simulated Birth Record. Notwithstanding any

provision of law to the contrary, a person or persons who, prior to the
effectivity of this Act, simulated the birth of a child, and those who
cooperated in the execution of such simulation, shall not be
criminally, civilly, or administratively liable for such act: Provided, That the
simulation of birth was made for the best interest of the child and that
the child has been consistently considered and treated by such
person or persons as her, his, or their own daughter or son: Provided,
further, That such person or persons has or have filed a petition for
adoption with an application for the rectification of the simulated
birth record within 10 years from the effectivity of this Act:
Provided, finally, That all the benefits of this Act shall also apply to
adult adoptees.
Sec. 5. Administrative Adoption and Rectification. A person or persons who
simulated the birth of a child under the conditions provided above x
x x may avail of administrative proceedings for the adoption and
rectification of the simulated birth record of such child: Provided,
That the child has been living with the person for at least 3 years
before the effectivity of this Act: Provided, further, That a certificate
declaring the child legally available for adoption (CDCLAA) is issued by the
DSWD in favor of such child. [Now amended by RA 11642, such that the
CDCLAA must be issued by the NCAA].

Sec. 6. Inadmissible Evidence.

Article III – Additional Requirements for Administrative Adoption

Sec. 7. Personal Qualifications. Adopter must –

(a) Be a Filipino citizens;

(b) Be of legal age;
(c) Possess full civil capacity and legal rights;
(d) Be of good moral character;
(e) Have not been convicted of any crime involving moral turpitude;
(f) Be emotionally and psychologically capable of caring for children;
and
(g) Be in a position to support and care for the child in keeping with
the means of the family.

In case of adoption by a married couple, where one of the adopters is a

foreign national married to a Filipino, the foreign national must have
been residing in the Philippines for at least 3 continuous years prior to
the filing of the petition for adoption and application for
rectification of simulated birth record.

Sec. 8. Required Consent. After being properly counseled and informed of

the right to give or withhold approval of the adoption, the written consent
of the following shall be required:

(a) the adoptee, if 10 years of age or over;

(b) the legitimate and adopted daughters and sons, 10 years of age or
over, of the adopter and adoptee, if any;
(c) the illegitimate daughters and sons, 10 years of age or over, of the
adopter and the latter’s spouse, if any; and
(d) The spouse, if any, of the adoptee.

Article IV – Administrative Adoption Procedure

Sec. 9. Petition. The petition x x x shall be in a form of an affidavit duly sworn

to and subscribed by the petitioner/s before any authorized persons
empowered to administer affirmations and oaths. It shall state the facts
necessary to establish the merits of the petition, and the circumstances
surrounding the simulation of the birth of the child. The petition shall be
supported by the following:

(a) Copy of simulated birth or foundling certificate of the child;

(b) Affidavit of admission if the simulation of birth was done by a third
person;
(c) Certification issued and signed by the Brgy. Captain attesting that the
petitioner/s is/are/ resident/s of the barangay, and that the child has been
living with the petitioner/s for at least 3 years prior to the effectivity of
this Act;
(d) Affidavits of at least 2 disinterested persons, who reside in the same
barangay where the child resides, attesting that the child has been living
with the petition for at least 3 years prior to the effectivity of this Act;
(e) CDCLAA issued by the DSWD; and
(f) Photographs of the child and the petitioner/s taken within the last 3
months prior to the filing of the petition.

A CDCLAA shall no longer be required if the adoptee is already an adult

or a relative of the adopter within the 4th degree of consanguinity or
affinity.

Sec. 10. Adoption Process. Filed with the Office of the Social Welfare and
Development Officer (SWDO) of the LGU where the child resides. SWDO
have 7 days to examine the petition, etc., and determine whether it is
sufficient in form and substance.

If insufficient (form or substance), it shall return the same to the petitioner

with a written explanation of its insufficiency.

If sufficient, it shall forward the petition, etc., within 3 days to the

Regional Director (of DSWD).

The RD shall review the same, establish the identity of the child, and
prepare the recommendation on the petition not later than 30 days fro
receipt thereof. The RD may require petition to submit additional information
or evidence. Failure of petitioner to comply such request shall not preclude
the RD from acting on the petition based on the evidence on hand.

The RD shall then transmit its recommendation on the petition to the

Secretary (DSWD) with the copy of the petition, etc.

The Secretary shall then act and decide within 30 days from receipt
above.

Sec. 11. Order of Adoption. If the Secretary determines that the adoption
shall redound to the best interest of the child, an order of adoption
shall be issued which shall take effect on the date the petition was filed
with the Office of the SWDO, even if the petitioner dies before its
issuance.

The order of adoption shall state the name by which the adoptee shall be
known and shall likewise direct the:

(a) Cancellation of the simulated birth record of the child;

(b) Issuance of the rectified birth record bearing the names of the biological
parents of the child or the issuance of a foundling certificate; and
(c) Issuance of a new birth certificate.

An administrative adoption order obtained under this Act shall have the
same effect as a decree of adoption issued pursuant to RA 8552.

Sec. 12. Civil Registry Record.

Sec. 13. Socialized Fees.

Sec. 14. Confidentiality.

Article V – Effects of Administrative Adoption

Sec. 15. Legitimacy. The adoptee shall be considered the legitimate

daughter/son of the adopter for all intents and purposes and as such
is entitled to all the rights and obligations provided by law to legitimate
daughters/sons 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.

Sec. 16. Parental Authority. Except where a 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 in the adopter.

Sec. 17. Succession. – In legal and intestate succession, the adopter and the
adoptee shall have reciprocal rights of succession without distinction
from legitimate filiation. However, if the adoptee and her or his biological
parents left a will, the law on testamentary succession shall govern.

Article VI – Rescission of Administrative Adoption

Sec. 18. Grounds for Rescission. Upon petition of the adoptee, with the
assistance of the city/municipal SWDO or the DSWD (1) if a minor or if (2)
over 18 years of age but is incapacitated, the adoption may be rescinded
on any of the following grounds committed by the adopter:

(a) Repeated physical or verbal maltreatment by the adopter;

(b) Attempt on the life of the adoptee;
(c) Sexual assault or violence;
(d) Abandonment and failure to comply with parental obligations; or
(e) Other acts that are detrimental to the psychological and
emotional development of the adoptee.

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 Art. 919, CC.

Sec. 19. Rescission of Administrative Adoption. Same as the process for

administrative adoption under Sec. 10 hereof. Provided, that the concerned
SWDO, RD, and Secretary shall act immediately on the petition for
rescission bearing in mind the best interest of the child.

Sec. 20. Effects of Rescission. If the petition for rescission x x x is granted

by the Secretary, the parental authority of the adoptee’s biological
parents, if known, shall be restored if the adoptee is still a minor or
incapacitated. The reciprocal rights and obligations of the adopter and the
adoptee to each other shall be extinguished.

Successional rights shall revert to its status prior to adoption, but only as of
the date of judgment of administrative rescission. Vested rights
acquired prior to administrative rescission shall be respected.

All the foregoing effects of rescission of adoption shall be without

prejudice to the penalties imposable under the RPC if the criminal
acts are proven.

Article VII – Violations and Penalties

Sec. 21. Violations and Penalties.

Article VIII – Final Provisions

xxx
Sec. 24. Repealing Clause. Section 22 of RA 8552 is hereby repealed.
All other laws etc etc. which are inconsistent with the provisions of
this Act are hereby repealed, modified, or amended accordingly.

RA 11642, January 6, 2022 – An Act Strengthening Alternative Child

Care By Providing For An Administrative Process of Domestic
Adoption, Reorganizing For The Purpose The Inter-Country Adoption
Board (ICAB) Into The National Authority For Child Care (NACC),
Amending For The Purpose Republic Act No. 8043, Republic Act No.
11222, And Republic Act No. 10165, Repealing Republic Act No.
8552, And Republic Act No. 9523, And Appropriating Funds
Therefore

Article I – General Provisions

Sec. 1. Short Title x x x “Domestic Administrative Adoption and

Alternative Child Care Act.”

Sec. 2. Declaration of Policy. – 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 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 Art. 3 of PD 603 (Child and Youth Welfare Code), the UN
Convention on the Rights of the Child (UNCRC), the UN Guidelines on
Alternative Care of Children, the UN Declaration on Social and Legal
Principles Relating to the Protection and Welfare of Children with Special
Internationality, 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 the 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 conclusive 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 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 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;
 (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.

Sec. 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.

Sec. 4. Definition of Terms. – As used in this Act:

(a) Abandoned child

(b) Abandoned Filipino child in foreign country
(c) Actual custodian
(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 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
(f) Adoption social worker
(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
(i) Child Legally Available for Adoption (CLAA)
(j) Certificate Declaring a Child Legally Available for Adoption
(k) Child-caring agency
(l) Child case study report
(m) Child-placing agency
(n) Child Placement Committee (CPC)
(o) Deed of Voluntary Commitment (DVC)
 (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
(r) Foster care refers to the provision of planned temporary
substitute parental care to a child by a foster parent;
(s) Foster child
(t) Foster parent
(u) Foundling
(v) Home study report
(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;
(y) Local Social Welfare Development Officer (LSWDO)
(z) Matching
(aa) Neglected child
(bb) Petition
(cc) Placement
(dd) Post-adoption services
(ee) Pre-Adoption Placement Authority (PAPA)
(hh) Relative
(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
(kk) Social worker
(ll) Step-parent
(mm) Supervised trial custody (STC)
(nn) Support; and
(oo) Voluntary committed child

Article II-National Authority For Child Care (NACC)

Sec. 5. NACC x x x ICAB is reorganized into NACC, attached agency of

DSWD. It is a one-step quasi-judicial agency on alternative child care.

Sec. 6. Jurisdiction of the NACC. The NACC shall have original and
exclusive jurisdiction over all matters pertaining to [1] alternative
child care, including declaring a child [2] legally available for adoption;
[3] domestic administrative adoption; [4] adult adoption; [5] foster
care under RA 10165 x x x [6] adoptions under RA 8043.

The NACC also have authority to impose penalties in case of any

violation of this Act.

Sec. 7. Composition of the NACC.

Sec. 8. Functions of the NACC.

Sec. 9. Regional Alternative Child Care Office (RACCO).

Sec. 10. Appointments and Staffing Patterns.

Article III – Declaration of a Child Legally Available for Adoption

Sec. 11. Declaration of Availability for Adoption of Involuntarily

Committed Child and Voluntarily Committed Child. – In relation to Art.
141, par. 4(a), Art. 142 and Art. 154 of PD 603 – periods when CDCLAA issue
(within 3 months) following the involuntary commitment and voluntary
commitment (following the filing of the DVC, as signed by the parents with
the NACC).

Re voluntary commitment: “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 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
petitioner for restoration is filed within 3 months after the signing of
the DVC.”

For foundlings, the CDCLAA shall be issued within 3 months following the
issuance of the child’s foundling certificate or birth certificate.

Sec. 12. Who May File a Petition for CDCLAA. – [1] The Head or Executive
Director of a licensed or accredited child-caring or child-placing agency or
institution managed by the government, PGU, NGO, or provincial, city, or
municipal social welfare development officer (SWDO) who has actual
custody of the minor may file a petitioner before the NACC, through
the RACCO, for the issuance of a CDCLAA.

[2] 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.

Sec. 13. Petition for CDCLAA. (1) verified affidavit; other jurisdictional
contents and supporting documents.

Sec. 14. Procedure for Filing of the Petition for CDCLAA.

[1] filed in RACCO where the child was found, abandoned, voluntarily
committed, or discovered;

[2] it shall immediately examine the petition, its supporting documents for
sufficiency of form and substance;

[3] it shall then authorize the posing of the notice of the petition in a
conspicuous place for 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;

[4] If it finds the petitioner insufficient, the case shall be put on hold and
the petitioner shall be returned to the petitioner for compliance with the
additional information or documents requested by the RACCO;

[5] Within 15 working days after the completion of its posting (i.e. the 5
consecutive days), it shall render a recommendation and transmit a copy
of such recommendation, together with the records, to the Executive
Director (The Head of the Secretariat of the NCAA).

[6] Sec. 15. Declaration of Availability for Adoption. Upon finding merit in
the petition, the Executive Director shall issue a CDCLAA within 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.
Sec. 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 (i.e. the 7 working days in
Sec. 15), 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 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 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.

Sec. 17. Appeal. The decision of the NACC shall be appealable to the CA
within 10 days from receipt of the Order by the interested party,
otherwise the same shall be final and executory.

Sec. 18. Certification. The CDCLAA duly issued 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 RA 8043.

Sec. 19. Counseling Services.

Sec. 20. Biological Parent Search.

Sec. 21. Who May Adopt. The following may adopt –

(a) Any Filipino citizen

(i) at least 25 years of age;
(ii) who is in possession of full civil capacity and legal rights;
(iii) has not been convicted of any crime involving moral
turpitude;
(iv) is of good moral character and can model the same;
(v) is emotionally and psychologically capable of caring for
children;
(v) at least 16 years older than the adoptee; and
(vi) who is in a position to support and care for adopted children
in keeping with the means of the family
Provided, however, that the requirement of 16-year difference between
the age of the adopter and the adoptee may be waived when the adopter
(1) is the biological parent of the adoptee, or (2) 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 legal guardian 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

(c) Foreign nationals

 (i) who are permanent or habitual residents of the Philippines for at
least 5 years;
(ii) possessing the same qualifications as above stated [i.e. Sec. 21
(a)] for Filipino nationals prior to the filing of the petition.

Provided, That –
(i) they come from a country with diplomatic relations with the
Republic of the Philippines; and
(ii) that the laws of the adopter’s country will –
1) acknowledge the Certificate of Adoption as valid;
2) acknowledge the child as a legal child of the adopters;
and
3) allow entry of the child into such country as an adoptee

Provided, further, that the 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 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 4th degree of
consanguinity or affinity of the Filipino spouse.

Spouses shall jointly adopt, except in the following cases –

(1) If one spouse seeks to adopt the legitimate child of the other;
or
(2) If one spouse seeks to adopt [his/her] own illegitimate child:
Provided, That the other spouse has signified consent thereto; or
(3) If the spouses are legally separated from each other.

Sec. 22. Who May Be Adopted. The following may be adopted –

(a) A 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 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 6 months from the time
of death of said parents; or
(h) A relative of the adopter.

Sec. 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 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 3 years;
(c) The legitimate and adopted children, 10 years of age or over, of the
adopters, if any;
(d) The illegitimate children, 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 (i.e. adopter) or to be
adopted (i.e. adoptee).

Sec. 24. Documentary Requirements.

Article IV – Procedure

Sec. 25. Case Study. A case study made by the adoption social worker of
the NACC, the social service office of the LGU, or any child-placing or child-
caring agency has to be made of the adoptee, the biological parents, and
the adopters. The report and recommendations on the matter must be
submitted to the respective RACCO as among the supporting documents of
the petition as well as the NACC for the issuance of the Certificate of
Adoption.

Sec. 26. Matching Process.

Sec. 27. Personal Appearance of Prospective Adoptive Parents.

Sec. 28. Issuance of Pre-Adoption Placement Authority (PAPA).

Sec. 29. Supervised Trial Custody (STC).

Sec. 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. It shall state:
(1) the facts necessary to establish the merits of the petitioner;
(2) the petitioner/s must specifically allege that they are at least 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 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;
(3) the petition should also indicate the new name the petitioner
wishes the child to have, in any;
(4) the petition shall be in a form of an affidavit and shall be subscribed
and sworn to by the petitioners before any person authorized by law to
administer affirmation and oaths.

No subsequent petition involving the same PAPs shall be

entertained unless the prior petition has attained finality.

Sec. 31. Where to File the Petition. Filed with the RACCO of the city or
municipality where the PAPs reside.

The petition shall then be published once a week for 3 consecutive weeks in
a newspaper of general circulation.
Sec. 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 interview 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 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 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 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 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 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 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 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 15 working days from receipt
thereof;

(e) When the petitioner is forwarded by the Deputy Director for

Services to the Executive Director, the latter shall act and decide
on the recommendation within 15 working days from receipt
thereon. However, if within the 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 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 obtained easily by the PAPs.

(f) In cases when there is no decision on the petition within 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 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 interest:
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.

Sec. 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.

Sec. 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 support 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 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 30 calendar days from receipt of the Order of
Adoption.

An Order of Adoption duly 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 15 calendar days from an
Order denying the adoption.

Sec. 35. Judicial Recourse. Orders of Adoption appealable to the CA within

10 days from receipt of the Order by the interested party, or from
denial of the MR; otherwise, the same shall be final and executory. Rule 43,
ROC, shall have suppletory application.

Sec. 36. Benefits of Adoptive Parents.

Sec. 37. Civil Registry Record.

Sec. 38. Database.

Sec. 39. Confidentiality.

Sec. 40. Assistance to indigent PAPs.

Article V – Effects of Adoption

Sec. 41. Legitimacy. [1] The adoptee shall be considered the legitimate
child of the adopter for all intents and purposes and as such 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.

[2] The legitimate filiation that is created between the adopter and the
adoptee shall be extended to the adopter’s parents, adopter’s
legitimate siblings, and legitimate descendants.

Sec. 42. Parental Authority. Upon issuances 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.

Sec. 43. Succession. In testate 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

Sec. 44. Preliminaries to Adoption Telling.

Sec. 45. Search or Tracing of Biological Family.

Sec. 46. After-care Monitoring and Submission of Report.

Sec. 47. Grounds for Rescission of Administrative Adoption. The adoption [1]
may be rescinded only upon the petition of the adoptee with the
NACC, or [2] with the assistance of the SWDO if the adoptee is a (a)
minor, or (b) if the adoptee is 18 years of age or over but who is
incapacitated or [3] by his/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) 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 Art. 919 of the CC.

Sec. 48. Venue. Filed with the RACCO where the adoptee resides.

Sec. 49. Time Within Which To File A Petition for Rescission. – Upon
existence of any ground or grounds mentioned in Sec. 47, the adoptee
or the adoption social worker must file the petition for rescission of
adoption before the NACC.
Sec. 50. Order to Answer. 15 days from receipt of the copy of the petition,
the respondent adopter must filed Answer. The order and copy of the
petition is to be served to the respondent in such manner the NACC may
direct.

Sec. 51. Decision. If NACC finds the allegation to be true, it shall render a
decision ordering the rescission of administrative adoption, with/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 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 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.

Sec. 52. Service of Decision. To be served by petition upon the Civ Reg
within 30 days. The Civ Reg shall then enter the Decision in the register and
submit proof of compliance thereto within 30 days.

All the foregoing effects of rescission of adoption shall be without

prejudice to the penalties imposable under the RPC and special laws
if the criminal acts are properly proven.

Sec. 53. Effects of Rescission. If the petition for rescission x x x is granted,

the legal custody of the NACC shall be restored if the adoptee is still a
child. The reciprocal rights and obligations of the adopters and the
adoptee to each other shall be extinguished.

In cases when the petition for rescission x x x 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 Civ. Reg. General to cancel the amended birth
certificate and restore the original birth certificate of the adoptee.

Successional rights shall revert to its status prior to adoption, but only as of
the date of the approval of the petition for rescission x x x Vested rights
acquired prior to rescission shall be respected.

All the foregoing effects of rescission of adoption shall be without

prejudice to the penalties imposed under the RPC if the criminal
acts are properly proven.

Art. VII – Violations and Penalties

Sec. 54. Violations and Penalties

Article VIII – Final Provisions

xxx

Sec. 62. Repealing Clause. RA 8552 and RA 9523 are hereby repealed,
and RA 8043, RA 11222, and RA 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.