QuestionsQuestions (PRESIDENTIAL DECREE NO. 104)
The IRR are for Republic Act No. 11642, the Domestic Administrative Adoption and Alternative Child Care Act, and they set rules for domestic administrative adoption and alternative child care, including the creation and powers of the NACC.
The State policy is to ensure every child remains under parental care and to provide love, care, understanding, and security. Only when these efforts are insufficient and no appropriate placement within the extended family is available shall adoption by an unrelated person be considered. The paramount consideration is the best interest of the child.
Adoption is a permanent socio-legal process transferring parental rights and responsibilities to the adoptive parents; it ceases to be part of alternative child care once completed and becomes parental care. Alternative child care refers to substitute planned parental care (e.g., foster care, kinship care, family-like care, residential care) for vulnerable children.
It is the final written administrative order issued by the NACC declaring a child legally available for adoption. The rights of the biological parents, guardian, or other custodians to exercise parental authority cease upon issuance of the CDCLAA.
The National Authority for Child Care (NACC) has original and exclusive jurisdiction over matters including declaring a child legally available for adoption, domestic administrative adoption, and foster care and related forms of alternative child care.
The NACC has a Council and a Secretariat. The Council is chaired ex officio by the Secretary of the DSWD and includes six (6) other members appointed by the President for a non-renewable term of six (6) years.
It resolves petitions and matters on CDCLAA, domestic administrative adoption, intercountry adoption, foster care, kinship care, family-like care, residential care; supervises RACCOs; issues travel clearances; sets standards and guidelines; and performs other Central Authority functions such as ensuring domestic placement is exhausted before pursuing intercountry adoption.
To ensure a well-functioning system for receipt and processing of local petitions (CDCLAA/adoption), foster care applications, and other alternative placement requests, and to manage child well-being at the regional level.
The RCPC is the regional matching committee composed of multidisciplinary members (e.g., child psychiatrist/psychologist, medical doctor, lawyer, adoption social worker, NGO representative). No member shall have relations with the child or adoptive/foster applicants or parents being matched.
CDCLAA is issued for involuntarily committed children (under P.D. 603 provisions), voluntarily committed children (under P.D. 603), abandoned children and foundlings.
Proof may include certifications that the case was aired on TV/radio on three occasions, publication in newspapers, police report or barangay certification, returned registered mail to last known address, and for voluntarily committed children, the DVC signed by biological parents (as applicable).
The head or executive director of a licensed or accredited child-caring/child-placing agency/institution managed by the government, LGU, NGO, or SWDO that has actual custody of the minor may file the petition; if custody is with another individual, the agency/institution files with the consent of the custodian.
For involuntarily committed children: within three (3) months following involuntary commitment. For abandoned/foundling children: within three (3) months following issuance of the child’s certificate of live birth.
The case is put on hold and the RACCO/Deputy Director/Executive Director directs the adoption social worker to investigate and request a Parenting Capability Assessment Report (PCAR). After PCAR is issued, a recommendation is made within timelines, and the authority then decides on the merits of the petition.
A Motion for Reconsideration may be filed within fifteen (15) calendar days to the NACC Council via the Executive Director. If denied, an appeal to the Court of Appeals may be filed within ten (10) working days from receipt of the Order; otherwise the decision becomes final and executory.
Counseling is to strengthen the family and prevent hasty decisions. No binding commitment to an adoption plan is permitted before birth. A three (3)-month period is allowed for biological parents to reconsider before the decision becomes irrevocable, subject to NACC assessment.
Disclosure is mandatory before the adoptee reaches age thirteen (13). Adoption-themed activities must be conducted by an adoption social worker to inculcate positive aspects of adoption.
Any Filipino citizen at least twenty-five (25) years old with full civil capacity, good moral character, no conviction involving moral turpitude, at least sixteen (16) years older than the adoptee (waivable in cases where adopter is biological parent or spouse of the adoptee’s parent), and able to support and care for the child.