Question & AnswerQ&A (IRR Republic Act No. 11642)
These Rules and Regulations shall be known and cited as the Implementing Rules and Regulations (IRR) 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 development. Adoption by unrelated persons shall only be considered if no appropriate placement within the child's extended family is available, with the best interest of the child as paramount.
The NACC is a one-stop quasi-judicial agency created to exercise all powers and functions related to alternative child care, including declaring a child legally available for adoption, domestic administrative adoption, intercountry adoption, foster care, kinship care, family-like care, or residential care.
The National Authority for Child Care (NACC) has original and exclusive jurisdiction over all matters relating to alternative child care including adoption, foster care, and issuance of certificates declaring a child legally available for adoption.
A prospective adoptive parent must be a Filipino citizen at least 25 years old, possess full civil capacity and legal rights, not convicted of a crime involving moral turpitude, be of good moral character, be at least 16 years older than the adoptee (with some exceptions), and be capable of supporting and caring for the child in keeping with their means.
It covers domestic administrative adoption, step-parent adoption, relative adoption, adult adoption, and intercountry adoption, with specific rules and procedures for each.
A CDCLAA is the final written administrative order issued by the NACC declaring a child legally available for adoption. Upon issuance, the biological parents' rights cease except in cases of relative, adult, or step-parent adoption where the declaration may not be required.
An abandoned child is one without proper parental care or guardianship for at least three continuous months, declared as such by the NACC, or a foundling with unknown birth facts found in the Philippines or Philippine embassies and consulates abroad.
The penalty includes imprisonment ranging from six years and one day to twelve years, a fine of not less than P50,000 but not more than P200,000, or both, at the court's discretion.
The head or executive director of a licensed or accredited child-caring or child-placing agency or institution managing the child’s custody may file the petition before the NACC through the RACCO. If the child is with another custodian, consent of the custodian is required.
The supervised trial custody period is typically six months but may be reduced or lengthened based on assessment, allowing the adoptive parents and child to bond and adjust before finalizing the adoption.
If biological parents oppose issuance, the case is put on hold for investigation and a Parenting Capability Assessment Report is requested. The adoption social worker then recommends whether to grant or deny the opposition, and a decision is made within 15 working days after the recommendation.
Applicants must submit an application, birth records, marriage certificate or equivalent documents, written consents, medical certification, psychological evaluation, clearances, income statements, character references, photos, and if applicable, an adoption decree for previous adopted child, along with a training certificate.
The adoptee is considered the legitimate child of the adopter with full rights and obligations, including succession rights, parental authority granted to the adopter, and the adoptee adopts the surname chosen by the adopter consistent with best interests.
No, adoption proceedings are not adversarial. The NACC decides based on documents and evidence during interviews with the parties involved, and all domestic adoption cases must be decided within 60 calendar days.
Grounds include repeated physical or verbal maltreatment, attempt on adoptee's life, sexual abuse or violence, abandonment or failure of parental obligations by the adopter, and death of the adopter while the adoptee is still a minor.
All documents and records relating to administrative adoption proceedings are strictly confidential. Disclosure is only allowed by order of the NACC Executive Director, under specific conditions and only to authorized persons for security or best interest of the adoptee.
The NACC, with other agencies, shall conduct information campaigns to promote positive adoption environments, correct media portrayals, and build awareness on adoption and alternative child care, ensuring they are free from stigma and discrimination.
Yes, foreign nationals who are permanent or habitual residents of the Philippines for at least five years, meet qualifications similar to Filipino applicants, come from countries with diplomatic relations with the Philippines, and whose laws recognize Philippine adoption orders may adopt domestically.