Question & AnswerQ&A (IRR Republic Act No. 11642)
The official title is the Implementing Rules and Regulations of Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act.
The State ensures every child remains under the care and custody of the parents and is provided with love, care, understanding, and security for harmonious personality development. Adoption by unrelated persons is considered only if no appropriate placement within the child's extended family is available.
The NACC is a one-stop quasi-judicial agency attached to the DSWD that exercises powers and functions related to alternative child care including domestic and intercountry adoption, foster care, kinship care, family-like care, or residential care.
A CDCLAA is a final written administrative order issued by the NACC declaring a child legally available for adoption, upon which the rights of biological parents or guardians cease.
The Head or Executive Director of a licensed or accredited child-caring or child-placing agency or institution who has actual custody of the minor may file the petition before the NACC through the RACCO.
Requirements include the Child Case Study Report, order of involuntary commitment, authenticated birth certificate copy, and recent photos of the child.
Adopters must be Filipino citizens at least 25 years old, possess full civil capacity, have good moral character, be at least 16 years older than the adoptee (waivable in some cases), and be financially capable of supporting the child.
Written consent is required from the adoptee (if 10 years or older), the adopter's marital and adopted children aged 10 or over, non-marital children 10 or older living with the adopter, and biological parents depending on the case.
Penalties range from imprisonment of six years and one day to twelve years, or fines from Fifty thousand to Two hundred thousand pesos, or both at the court's discretion.
The adoptee is considered the legitimate child of the adopter with full parental authority vested in the adoptive parents. The adoptee's filiation is legally transferred, and the child’s birth certificate is amended to reflect the adoption.