Strengthening alternative child care adoption process

The Act authorizes simpler, inexpensive domestic administrative adoption proceedings.
Streamlines alternative child care services.
Creates the National Authority for Child Care (NACC) responsible for all alternative child care functions including declaring a child legally available.

Defines critical terms such as "abandoned child," "abandoned Filipino child in foreign country," "actual custodian," "adoption," "adoption social worker," "alternative child care," "child legally available for adoption (CLAA)," "child-caring agency," "child-placing agency," "deed of voluntary commitment," "domestic adoption," "foundling," "inter-country adoption," "foster care," "home study report," "matching," "neglected child," "petitioner," "post-adoption services," "relative," "simulation of birth record," "step-parent," "supervised trial custody," "voluntarily committed child," and others necessary for legal clarity.

Reorganizes the Inter-Country Adoption Board (ICAB) into the National Authority for Child Care, attached to the DSWD.
Transfers all functions regarding alternative child care from ICAB, DSWD, and other agencies to NACC.
The DBM coordinates to formulate NACC's organizational structure.

NACC has original and exclusive jurisdiction over alternative child care matters including domestic administrative adoption, adult adoption, foster care, simulated birth rectifications, and inter-country adoption.
NACC Council composed of the Secretary of DSWD (chair) and six members (psychiatrist/psychologist, lawyers, social worker, NGO representatives) appointed by the President for six years.
The Council formulates child welfare policies and serves as an appeals body.
Secretariat headed by an Executive Director (Undersecretary rank), assisted by two Deputy Directors for services and administration/finance.
Regional Alternative Child Care Office (RACCO) exists in each region, headed by an officer, tasked to process adoption petitions and alternative care matters.

Ensures petitions and alternative child care matters are simple, expeditious, and inexpensive.
Acts on CDCLAA issuance, domestic and inter-country adoption, foster care, rectification of simulated births.
Sets standards, maintains records, conducts research, provides technical assistance.
Collaborates with government agencies and NGOs, imposes administrative fees and penalties.
Supports LGUs and provides public information and advocacy.

Issued upon involuntary or voluntary commitment, or foundling status, within specified timeframes.
Petitions can be filed by the head of licensed child-caring agencies or social welfare officers.
Petition includes affidavit, social case study report, proof of efforts to locate biological parents (media publication, police, returned mail), birth certificate, photos.
Procedure involves petition filing to RACCO, review, public posting, recommendation to Executive Director, issuance or denial of CDCLAA.
Opposition to CDCLAA by biological parents triggers investigation and assessment.
Decisions appealable to the Court of Appeals.

Adoptive parent qualifications include Filipino citizenship, age, moral character, psychological capacity, minimum age difference with adoptee, and financial capacity.
Exceptions and provisions for legal guardians, government officials abroad, foreign nationals with residency and reciprocity conditions.
Permitted to adopt are Filipino children legally available for adoption, legitimate or illegitimate children of the adopter, foster children, adult adoptees, or relatives.
Written consents required from adoptee (if 10+), biological parents or guardians, adopter’s children (if 10+), spouse of adopter.

Case studies by licensed social workers to establish child availability and adopter eligibility.
Matching process conducted within 30 days, at regional level by multidisciplinary committee.
Personal appearances by prospective adoptive parents to ascertain qualifications.
Pre-adoption Placement Authority (PAPA) authorizes placement or trial custody.
Supervised Trial Custody (STC) period of up to six months for adjustment.
Petition for Adoption filed after STC, reviewed and decided by RACCO, Deputy Director, and Executive Director.
Non-adversarial administrative process with decision within 60 calendar days.
Right to object to petition and file complaints before issuance of adoption order.
Issuance of Order of Adoption registers child’s new status and sealed birth record.
Appeals from decisions filed with Court of Appeals.

Adoptee considered legitimate child for all legal purposes.
Full parental authority transferred to adoptive parents.
Reciprocal succession rights between adopters and adoptees.
Adoptive parents enjoy all benefits entitled to biological parents including social security, health, labor benefits.
Amended birth certificate issued without indication that it is amended.
A protected confidential database maintained by NACC adhering to Data Privacy Act.

Counseling services to biological parents, prospective adoptive parents, and adoptees.
Adoption telling encouraged before adoptee reaches 13 years.
Biological parent search obligations placed on NACC and agencies.
After-care monitoring conducted for at least one year after adoption.
Grounds and procedure for rescission of adoption on serious abuse, abandonment.
Effects of rescission include restoration of biological parental authority or NACC custody, reversal of succession rights, and cancellation of amended birth certificate.

Penalties include imprisonment (6 years 1 day to 12 years) or fines up to PHP 200,000 for obtaining consent through coercion, fraud, non-compliance with procedures, or endangering the child.
Penalties for simulation of birth and professional misconduct with disqualification from practice.
Confidentiality breach punished by imprisonment or fines.
Adoption discrimination prohibited with fines imposed.
Aggravated offenses involving syndicates and children classified as child trafficking with higher penalties.
Government officials involved face additional disciplinary sanctions.

Information dissemination mandates involving multiple government agencies and media to promote positive adoption narratives.
Transitional provisions for pending judicial cases and adoption processes during establishment of NACC.
Designation of the second week of June as Adoption and Alternative Child Care Week.
Budget appropriation included in General Appropriations Act.
IRR to be formulated within six months with guidelines for immediate operationalization.
Saving, separability, and repealing clauses ensuring continuity and consistency of related laws.
The Act takes effect 15 days after publication in the Official Gazette or newspaper of general circulation.