Rules on Domestic Adoption and Child Care Act

Declaration of State Policies

Ensure children remain under parental care with love and security.
Adoption by unrelated persons only if no extended family placement is possible.
Best interest of the child is paramount in alternative child care policies.
Compliance with various international and local child rights instruments.
Key policies include protection of children without parental care, setting child care standards, safeguarding biological and adoptive parents' rights, promoting domestic adoption, and preventing child trafficking.
Administrative adoption requires the child to be legally available for adoption except for relative, adult, or step-parent adoption.
Independent placements are covered under the Act if custody existed before IRR effectivity.

Objectives

Simplify and reduce costs of domestic administrative adoption.
Streamline alternative child care services.
Establish the National Authority for Child Care (NACC) to oversee alternative care including adoption and foster care.

Definitions

Comprehensive definitions covering terms such as abandoned child, accreditation, adoption, applicant, alternative child care types (foster, kinship, family-like, residential), CDCLAA, child-caring agencies, child placement committees, foster care, foundlings, home study reports, independent placement, intercountry adoption, involuntarily/voluntarily committed children, relatives, and more.
Important distinctions made for types of adoption, consent, custody, and care modalities.

National Authority for Child Care (NACC)

Reorganizes Inter-Country Adoption Board into NACC under DSWD.
Transfers all adoption and alternative child care functions from ICAB, DSWD, and related bodies to NACC.
DBM tasked to set organizational structures and staffing.
NACC has original and exclusive jurisdiction over alternative child care matters including declarations of child availability for adoption, domestic and intercountry adoption, and foster care.
NACC enforces compliance and imposes penalties.

Composition of NACC

Consists of a Council (policy-making and appeals body) headed by the DSWD Secretary and six appointed members (including specialists in psychology, law, social work, and NGOs).
Secretariat headed by an Executive Director with deputies for services and administration.
Has a Child Placement Committee (CPC) for case reviews and accreditation.
Members and consultants receive allowances or honoraria.

Functions of NACC

Ensures simple, expeditious, and inexpensive alternative care proceedings.
Issues CDCLAA, facilitates and resolves adoption (domestic, intercountry), foster care, and simulated birth rectification matters.
Supervises Regional Alternative Child Care Offices (RACCOs).
Conducts national information dissemination and advocacy.
Maintains databases and conducts research.
Provides technical assistance and training.
Collaborates with LGUs and private entities.
Imposes administrative fees and penalties.
Formulates and develops child welfare policies.

Regional Alternative Child Care Office (RACCO)

Established in each region, headed by a Regional Officer.
Handles petitions related to child care including CDCLAA, adoption, foster care, and simulated birth rectification.
Implements a Regional Child Placement Committee (RCPC) with interdisciplinary composition for case deliberations and matching.
Members serve fixed terms with honoraria.

Appointments and Staffing

DBM to establish organizational structure with preference to existing personnel.
No new hires until permanent posts filled.
Existing adoption units in DSWD converted to RACCOs.

Declaration of Child Legally Available for Adoption (CDCLAA)

Issued for involuntarily, voluntarily committed or abandoned children based on child custodian petitions.
Duty to exert efforts to locate biological parents; if failed, child declared legally available.
Proof of efforts include media certification, police reports, certified mail attempts, or signed Deed of Voluntary Commitment.
Upon location, assessment and possible voluntary commitment procedure with counseling; if unlocated, registration of birth or foundling status facilitated.
Petitions filed with RACCO with specific documentary requirements.
CDCLAA issuance within three months of petition if meritorious.
Opposition to petition handled with investigation and Parenting Capability Assessment.
Appeal and cancellation procedures defined.
CDCLAA serves as best evidence of legal availability for adoption.

Adoption Procedures

Pre-adoption counseling mandatory for biological parents, prospective adoptive parents (PAPs), and children.
Counseling aims to prevent hasty relinquishment, prepare PAPs, and support the adoptee.
Parents allowed three months to reconsider relinquishment.
Disclosure of adoption to child mandatory before age 13.
Eligibility to adopt includes Filipino citizens age 25+, legal capacity, moral character, financial capacity and age gap, with waivers for relatives, spouses, and certain foreign nationals.
Eligible adoptees include CDCLAA children, marital/non-marital children, foster, adult, and relative adoption cases.
Detailed documentary requirements and training for applicants.
Procedures for application, home studies, matching, placement, and supervised trial custody outlined.
Matching governed by RCPC and CPC at regional and interregional level.

Step-Parent Adoption

Requires consent from adoptee, children, spouse, and biological parents.
Documentary and evaluation requirements similar to general adoption.
Matching and supervised custody often waived if living together for two years.

Relative Adoption

Similar consent and documentary requirements as step-parent adoption.
Matching and supervised custody may be waived after two years cohabitation.

Adult Adoption

Consent required from adoptee, children, and spouse.
Documentary and social case study requirements apply.
No matching required subject to cohabitation.
Supervised custody may be waived.

General Adoption Procedures

Petition in affidavit form, verified, indicating qualifications and intent.
Filed with RACCO in applicant's jurisdiction.
Personal appearances required.
Publications and non-adversarial proceedings.
Resolution within 60 days with detailed review and recommendations at RACCO, Deputy Director, and Executive Director levels.
Appeals through motion for reconsideration and Court of Appeals.
Objection allowed with evidentiary support.
Issuance of Order of Adoption and Certificate of Finality with civil registry effects: sealing original birth certificate and issuance of new one without amended notation.

Confidentiality

Strict confidentiality of adoption documents.
Disclosure limited to authorized parties or court orders.
Violations punishable.

Assistance to Indigent Applicants

Socialized fees.
PAO provides free legal assistance and notarization for qualified applicants.

Adoption of Child with Simulated Birth Certificate

Governed under R.A. No. 11222, with amendments on petitioner eligibility and surname use.
Mandatory personal appearance.
Processed by RACCO then endorsed to NACC.
Judicial recourse similar to other adoptions.

Effects of Adoption

Adoptee gains legitimacy and all rights of legitimate child including succession rights.
Parental authority vested in adoptive parents; severance of biological parental rights except in specific cases.
Rights retroactive to filing date.

Post-Adoption Services

Adoption social worker assists in disclosure (adoption telling).
Assistance in tracing biological families at majority age with preparation.
After-care monitoring and report by NACC.
Grounds and procedure for rescission of adoption by the adoptee.
Effects of rescission includes restoration of parental authority and reversal of succession rights.

Foster Care and Intercountry Adoption

Procedures continue as per existing laws but now under NACC jurisdiction.

Violations and Penalties

Imprisonment and fines for coercive consent, procedural violations, child abuse.
Penalties for birth certificate simulation.
Professionals failing duties face disqualification.
Confidentiality breaches penalized.
Syndicated offenses facing harsher sentences including deportation for foreign nationals.
Penalties for government officials violating the law including suspension.
Prohibition and fines for adoption discrimination acts.

Final Provisions

Broad information dissemination with inter-agency cooperation to promote positive adoption messages.
Inclusion of adoption and alternative care in school curricula and local governance audits.
Transition provisions for transferring functions to NACC from existing bodies over three years.
Option to withdraw pending court adoption petitions to avail administrative adoption benefits.
Designation of second week of June as Adoption and Alternative Child Care Week.
Saving, separability, repealing clauses, and effectivity terms specified.