QuestionsQuestions (IRR Republic Act No. 11642)
Adoption by an unrelated person may be considered only when efforts to provide care within the child’s extended family prove insufficient and no appropriate placement/adoption within the extended family is available. The best interest of the child is the paramount consideration.
A CDCLAA is a 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.
No child shall be subject of administrative adoption unless the status of the child has been declared legally available for adoption, except for cases of relative (relative adoption), adult adoption, or step-parent adoption where such declaration is not required.
To provide simpler and inexpensive domestic administrative adoption proceedings and to streamline services for alternative child care, including the creation of the NACC to oversee alternative child care and declaration of legal availability for adoption, foster care, kinship care, family-like care, or residential care.
The NACC has original and exclusive jurisdiction over matters pertaining to alternative child care, including declaring a child legally available for adoption, domestic administrative adoption, foster care (R.A. No. 10165), adoption under R.A. No. 11222 (simulated birth rectification), and intercountry adoption (R.A. No. 8043). It may also impose penalties for violations.
The Council includes the DSWD Secretary (ex officio Chair) plus six (6) members appointed by the President (with required medical/psychological, legal, and social work/NGO representation). The Secretariat implements and executes policies and is headed by an Executive Director (Undersecretary rank), assisted by deputy directors for services and administration/finance.
The CPC is a multidisciplinary committee supervised under the NACC that assists in reviewing petitions for adoption and deliberating cases for interregional/intercountry matching. For intercountry adoption, it also accredits foreign adoption agencies.
Involuntarily committed: within 3 months from involuntary commitment. Abandoned/foundling: within 3 months from issuance of the child’s certificate of live birth. Voluntarily committed: within 3 months from filing the petition with the attached Deed of Voluntary Commitment (DVC).
Proof may include: certification that the case was aired on TV/radio three different occasions; publication in newspapers of general circulation; police report or barangay certification where the child was found; returned registered mail to last known address; and for voluntarily committed child situations, the DVC (as applicable).
The parents are assessed for willingness to keep the child and parenting capability. If reunification is not favorable, they execute a DVC (with both parents signing for marital children, and mother’s DVC sufficient for non-marital children). If reunification is for the child’s best interest, parents and child undergo counseling and aftercare services.
The DVC is a notarized instrument relinquishing parental authority and committing the child to NACC or a duly accredited agency. It must be executed by biological parents or legal guardian (in cases of absence/mental incapacity/death), signed in the presence of an authorized NACC representative or licensed accredited CCA/CPA, and after counseling and other services are made to encourage keeping the child.
The petition is filed in the RACCO where the child was committed/abandoned/voluntarily committed or where the custody agency is located. The RACCO examines sufficiency, and if sufficient, authorizes posting of notice for five (5) consecutive days in the locality and in relevant online platforms. If insufficient, the petition is held and returned for additional compliance. After posting and completion, RACCO recommends within 15 working days to the Executive Director.
A Motion for Reconsideration may be filed within 15 calendar days from receipt to the NACC Council through the Executive Director. If denied, an appeal to the Court of Appeals must be filed within 10 working days from receipt of the order; otherwise it becomes final and executory.
The CDCLAA issued by the NACC Executive Director is treated as the best evidence that the child is legally available in both domestic adoption and intercountry adoption proceedings.
Biological parents must receive counseling before and after birth about available programs/services to strengthen the family or relinquish for adoption, and adoption counseling must cover implications of relinquishment and options. A period of 3 months is allowed to reconsider the decision before it becomes irrevocable; counseling and social interventions are also offered after relinquishment.
Adoption must be disclosed to the adoptee as early as possible, and disclosure is mandatory before the adoptee reaches age 13 (with adoption social worker activities to support adoption understanding).
At least 25 years old, full civil capacity and legal rights; no conviction of a crime involving moral turpitude; good moral character; at least 16 years older than the adoptee (waivable when adopter is biological parent or spouse of adoptee’s parent); and able to support and care for adopted children consistent with family means.