Rules on Domestic Adoption and Child Care Act

Policy, purpose, and paramount best interests

The State policy is to ensure that every child remains under the care and custody of the parents and is provided with love, care, understanding, and security for the child’s full and harmonious personality development.
Adoption by an unrelated person is considered only when efforts to keep the child under parental care prove insufficient and no appropriate placement or adoption within the child’s extended family is available.
The best interest of the child is the paramount consideration in alternative child care, custody, and adoption policies.
Alternative child care, custody, and adoption policies must follow the tenets of Article 3 of Presidential Decree No. 603, the UNCRC, the United Nations Guidelines on Alternative Care of Children, the United Nations Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally, and the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption.
The State must: protect children without parental care (or at risk of losing it) through alternative care options such as adoption and foster care; establish alternative child care standards; safeguard biological parents from hasty relinquishment decisions; prevent unnecessary separation; protect adoptive parents from attempts to disturb parental authority and custody; run public information campaigns promoting positive adoption; ensure agency capacity for adoption inquiries, domestic adoption petitions, and pre- and post-adoption services; encourage domestic adoption to preserve identity and culture, and consider intercountry adoption only when domestic is not feasible; and cooperate with IACAT to prevent sale, trafficking, and abduction and to protect Filipino children abandoned overseas who are vulnerable due to irregular status.
No child may be subject of administrative adoption unless the child’s status has been declared legally available for adoption, except for relative, adult adoption, or step-parent adoption where the declaration is not required.
Independent placement is treated as contrary to the best interest of the child and is treated as a covered concept under the Act’s framework when the child is already in the custody of the custodian before the effectivity of R.A. No. 11642.
Administrative adoption processes for legally available children, relative, stepchild, and adult adoptees are treated as the most expeditious proceedings consistent with the child’s best interest.

Objectives and functional consolidation

The IRR provide for and allow simpler and inexpensive domestic administrative adoption proceedings and streamline services for alternative child care.
The IRR require the creation of the National Authority for Child Care (NACC) to exercise all powers and functions relating to alternative child care.
The NACC must declare a child legally available for both domestic administrative adoption and intercountry adoption, and also for foster care, kinship care, family-like care, or residential care.

Defined terms used in the IRR

Act means Republic Act No. 11642.
Abandoned child means a child with no proper parental care or guardianship for at least three (3) continuous months, declared as such by the NACC, or a foundling, or a deserted or abandoned child or infant with unknown facts of birth and parentage found in the Philippines and/or Philippine embassies, consulates and territories abroad.
Abandoned Filipino child in a foreign country means an unregistered or undocumented child found outside Philippine territory and/or in Philippine embassies, consulates, and territories abroad, separated from or deserted by the biological Filipino parent/guardian/custodian for at least three (3) continuous months, and committed to a foreign orphanage or charitable institution or placed in temporary informal care, and declared as such by the NACC upon recommendation of OSWA of DMW or DFA.
Accreditation of Local Child Caring Agency/Child Placing Agency means recognition of a child-caring/child-placing program implemented by a social welfare and development agency in compliance with appropriate standards evidenced by a Certificate of Accreditation issued by DSWD.
Accreditation of a Foreign Adoption Agency means recognition by ICAB or its successor NACC to a Foreign Adoption Agency licensed by the state welfare authority in a Contracting State and meeting official and Hague requirements to participate in the Philippine Inter-country Adoption Program.
Adoption is the socio-legal process of providing a permanent family to a child whose parents have given up parental rights, permanently transferring rights and responsibilities along with filiation to make the child a legitimate child of the adoptive parents, with adult adoption covered by R.A. No. 11642; adoption stops being alternative child care and becomes parental care upon completion of the process.
Certificate Declaring a Child Legally Available for Adoption (CDCLAA) is the final written administrative order issued by the NACC declaring the child legally available for adoption; parental authority rights of biological parents/guardian/custodians cease upon issuance.
Child means a person below eighteen (18) years of age or a person eighteen (18) years of age or over who is unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability or condition (and, for purposes of the Act, “child” also refers to an adult son, daughter, or offspring where relevant).
Domestic adoption is the administrative adoption proceeding where the Order of Adoption is issued within the Philippines between a Filipino child and eligible adoptive parents.
Intercountry adoption is the socio-legal process of adopting a child by a foreign national or a Filipino citizen habitually residing outside Philippine territory that complies with the Hague Convention of 1993.
National Authority for Child Care (NACC) is a one-stop quasi-judicial agency on domestic and alternative child care attached to DSWD, acting as Central Authority for alternative child care programs including domestic and intercountry adoption, with a Council and a Secretariat headed by an Executive Director.
Foster care, Foster parent, Kinship or Relative Foster Care, Family-like Care, Residential Care Facilities, Voluntarily committed child, Involuntarily committed child, and related terms define the alternative child care categories used throughout the IRR.
Matching means selecting, across regional, interregional and intercountry levels, a family for a child based on the child’s needs and best interest and the capability and commitment of adoptive/foster parents to provide such needs and promote a mutually satisfying relationship.
Placement means physical entrustment of the child to foster or adoptive parents after preparation of the child and prospective parents, supported by a Pre-Adoption Placement Authority (PAPA) or Foster Placement Authority (FPA).

NACC creation, jurisdiction, and composition

The Inter-Country Adoption Board (ICAB) is reorganized into the National Authority for Child Care (NACC), a one-stop quasi-judicial agency on alternative child care attached to DSWD.
Duties, functions, and responsibilities of ICAB, the DSWD, and other government agencies relating to alternative child care and adoption are transferred to the NACC.
DBM, in coordination with ICAB and DSWD, must formulate a cohesive organizational structure with corresponding plantilla positions responsive to fulfilling NACC functions and divisions under R.A. No. 11642 and these IRR.
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 under R.A. No. 10165; adoptions under R.A. No. 11222; and intercountry adoption under R.A. No. 8043.
The NACC has authority to impose penalties for violations of R.A. No. 11642 and these IRR.
The NACC is composed of a Council and a Secretariat.
The Council has the Secretary of the DSWD as ex officio Chairperson and six (6) other members appointed by the President for a non-renewable term of six (6) years, including one (1) psychiatrist or psychologist, two (2) lawyers qualified like RTC judges, one (1) registered social worker, and two (2) representatives from NGOs engaged in child-caring or child-placing activities.
The Council formulates child welfare policies and acts en banc as the Appeals Committee for contested denials of petitions issued by the Executive Director or the Deputy Director for Services.
The Secretariat implements and executes alternative child care policies, headed by an Executive Director (rank of Undersecretary), assisted by two (2) deputy directors: one (1) for services (rank of Assistant Secretary) and one (1) for administration and finance (rank of Assistant Secretary).
The Deputy Director for Services supervises and monitors the overall process for alternative child care, including declaring legally available children, domestic and intercountry adoption, foster care, residential care, family-like care, and kinship care, and provision of child and family welfare services.
The NACC may hire professionals and experts forming part of the Child Placement Committee (CPC), and CPC members receive a reasonable honorarium per meeting.

NACC functions and regional structure

The NACC must ensure that petitions and all alternative child care matters, including issuance of CDCLAA and domestic and intercountry adoption, foster care, kinship care, family-like care, or residential care processes, are simple, expeditious, and inexpensive, and redound to the child’s best interest.
The NACC Secretariat must act and resolve petitions for issuance of CDCLAA.
The NACC Secretariat must facilitate, act on, and resolve domestic administrative adoption matters, including adoptions initially filed with the courts under R.A. No. 8552.
The NACC Secretariat must facilitate, act on, and resolve intercountry adoption matters pursuant to R.A. No. 8043 as amended.
The NACC Secretariat must facilitate, act on, and resolve foster care matters pursuant to R.A. No. 10165 as amended.
The NACC Secretariat must facilitate, act on, and resolve rectification of simulated birth under R.A. No. 11222 as amended.
The NACC must supervise and control acts of the RACCO under the Act and IRR.
The NACC must act on petitions for adoption, foster care, and other alternative child care filed through RACCOs.
The NACC must issue travel clearance for cases under its jurisdiction.
The NACC must set standards and guidelines on adoption, including pre- and post-legal adoption services.
The NACC must convene an Independent Appeals Committee whenever necessary to study and recommend on appeals involving denials at the RACCO level.
The NACC acts as Central Authority for domestic and intercountry adoption matters, and coordinates with OSWA, DFA, child care and placement agencies, foreign adoption agencies, and NGOs engaged in child care and placement.
The NACC must determine, with DFA or OSWA, procedures for suitable alternative child care for Filipino children stranded abroad, including non-Hague countries or those without diplomatic relations.
The NACC must ensure intercountry adoption is not pursued until all possible domestic placement of the child has been exhausted.
The NACC must conduct national information dissemination and advocacy campaigns on alternative child care and legal adoption.
The NACC must establish programs to keep children with their biological families whenever possible.
The NACC must assess implementation progress, identify gaps, and make policy recommendations.
The NACC must keep records of all adoption, foster care, and other alternative child care cases, including caseload inventory of children from child-caring agencies and family-like care facilities, and provide periodic performance information and reports.
The NACC must conduct research on adoption and alternative child care policies.
The NACC must provide technical assistance, training modules, and capability building for adoptive/foster parents, children, and concerned agencies and stakeholders.
The NACC must determine and impose administrative fees.
The NACC must provide support and technical assistance to LGUs, especially the LCPC, together with the DILG, during the pre-adoption process.
The NACC must build linkages with independent and private entities such as licensed and accredited child-caring institutions, foundations, and social work groups to ease monitoring burdens.
The NACC must impose fines or penalties for non-compliance or breach of R.A. No. 11642, these IRR, and related rules and regulations it administers.

Regional Alternative Child Care Office (RACCO)

For each region, there shall be a Regional Alternative Child Care Office (RACCO) headed by a Regional Alternative Child Care (RACC) Officer.
The RACCO must ensure a well-functioning system for receipt of: local petitions for CDCLAA and adoption; foster care applications; and other requests regarding alternative placement and children’s well-being.
The RACCO must have dedicated personnel exclusively handling: petitions for CDCLAA; domestic administrative adoption; intercountry adoption; foster care including kinship care; all other alternative child care including family-like care and residential care; and rectification of simulated birth under R.A. No. 11222.
Each RACCO must have a Regional Child Placement Committee (RCPC) supervised by the RACC Officer, composed of a multidisciplinary group including a child psychiatrist or psychologist, a medical doctor, a member of the Philippine Bar, an adoption social worker, and an NGO representative engaged in child welfare.
No RCPC member may have relations with the child or the adoptive/foster applicant or parent being matched.
RCPC members serve a term of two (2) years, renewable twice at the discretion and approval of the Executive Director, and receive a reasonable honorarium per meeting.

Staffing transitions and staffing patterns

The DBM, in coordination with ICAB and DSWD, must create the organizational structure and staffing patterns necessary for NACC performance.
Officers and employees with permanent appointments must be given preference for appointment to new positions in the approved staffing pattern comparable to their former positions.
Plantilla items dedicated to alternative child care and adoption in ICAB and DSWD must be transferred to the NACC.
No new employees may be hired until all permanent officers and employees have been appointed, including temporary and casual employees who meet qualification requirements for permanent appointment in the approved staffing pattern, unless the remaining positions are policy-determining, primarily confidential, or highly technical.
Qualifications for appointees must follow civil service rules.
The ARRU of DSWD functions as the RACCO for each region under the NACC.

CDCLAA issuance: involuntary commitment, abandonment

A CDCLAA is issued for: involuntarily committed children under Article 141, paragraph 4(a), and Article 142 of P.D. No. 603; voluntarily committed children under Article 154 of P.D. No. 603; abandoned children; and foundling children.
The NACC, LGU, and child-placing or child-caring agency with custody of the child must exert all efforts using media and any possible means to locate biological parents and seek consent.
If parent-search efforts fail, the child must be registered as a foundling or a child with no known parents (if applicable) and within three (3) months from the child being found, be the subject of proceedings for a CDCLAA.
For an adult adoptee, biological parent search is at the adoptee’s discretion.
Proof of biological parent search includes at least one of: certification from radio and/or TV stations that the case was aired on three (3) different occasions; publication in newspapers of general circulation appropriate to the circumstance; police report or barangay certification where the child was found; returned registered mail to the last known address; or, for voluntarily committed children, the DVC signed by the biological parent, whichever is appropriate.
If biological parents are located, they must be assessed for willingness to keep the child and parenting capability.
If reunification assessment is not favorable, parents execute a Deed of Voluntary Commitment (DVC); if the child is a marital child, both mother and father must sign; if non-marital, the mother’s DVC is sufficient.
If reunification is for the child’s best interest, parents and child must undergo counseling, with after care services by the LGU social worker.
If biological parents are not located, the adoption social worker must facilitate registration of the child’s certificate of live birth under PSA guidelines based on whether birth information is known and verified.
A petition for CDCLAA may be filed by the head or executive director of a licensed or accredited child-caring or child-placing agency/institution managed by the government, LGU, NGO, or provincial/city/municipal SWDO with actual custody of the minor.
If the child is under the custody of another individual, the agency/institution must file with the consent of the custodian.
For an involuntarily committed child, the NACC must issue the CDCLAA within three (3) months following involuntary commitment.
Requirements for CDCLAA for an involuntarily committed child include: a Child Case Study Report; the original Order directing involuntary commitment; authenticated LCR copy or PSA copy of certificate of live birth; and recent photographs (including upon admission).
For an abandoned child or foundling child, the CDCLAA must be issued within three (3) months following issuance of the child’s certificate of live birth.
Requirements for CDCLAA for abandoned child or foundling include: Child Case Study Report; proof of efforts to locate biological parent/s or relatives and media certifications; authenticated LCR copy or PSA copy of certificate of live birth or certificate of foundling (if available) or certificate of live birth with no known parents; and recent photographs (including upon abandonment or admission).
The CDCLAA petitions must be in affidavit form, subscribed and sworn before a person authorized to administer oaths, and must state facts establishing the merits and the circumstances surrounding abandonment/finding/involuntary commitment.

CDCLAA issuance: voluntary commitment

In a voluntarily committed case, the CDCLAA must be issued by the Executive Director within three (3) months following filing of the petition with the attached DVC signed by the parent/s.
Parents/legal guardians may recover legal custody and parental authority from the agency/institution when the NACC is satisfied that they can adequately provide for the child.
A petition for restoration must be filed within three (3) months after signing of the DVC.
Requirements for CDCLAA petition for a voluntarily committed child include: Child Case Study Report addressing services provided to the relinquishing parent enabling assessment of best interest; authenticated LCR or PSA certificate of live birth; recent photographs (including upon admission); and the original DVC.
The CDCLAA petition for voluntary commitment must be in affidavit form subscribed and sworn before an authorized person and must state the circumstances surrounding the voluntary commitment.

Petition filing, posting, recommendation, and issuance

Petitions must be filed at the RACCO where the child was involuntarily committed, abandoned, or voluntarily committed, or where the child-caring/child-placing agency holding custody is located.
The RACCO must immediately examine the petition and supporting documents and, if sufficient in form and substance, authorize posting of notice in a conspicuous place for five (5) consecutive days in: the locality where the child was abandoned or voluntarily committed; the locality of the child-caring/child-placing agency holding custody; and in social media/online platforms of the CCAs/CPAs or concerned LGU.
If the RACCO finds insufficiency, the case must be put on hold and the petition returned to the petitioner for additional information or documents requested by the RACCO.
Within fifteen (15) working days after posting completion and receipt of additional information/documents, the RACCO must render a recommendation and transmit it (with supporting documents) to the Executive Director.
If the petition has merit, the Executive Director must issue the CDCLAA within seven (7) working days from receipt of the recommendation, unless further investigation or additional information/documents are needed to determine merits.
The Executive Director must transmit copies of the CDCLAA to the petitioner and all interested parties known to the Executive Director.

Opposition, reconsideration, appeal, cancellation

If biological parents, relatives, or the legal guardian appear and oppose issuance of the CDCLAA in abandoned, abused, or neglected child cases, the case must be put on hold prior to CDCLAA issuance.
The RACCO, Deputy Director for Services, or Executive Director (depending on where the case is pending at the time of opposition) must direct the adoption social worker to immediately investigate and request a Parenting Capability Assessment Report (PCAR) from the LGU where the biological parent/relative/guardian resides.
After fifteen (15) working days from issuance of the PCAR, the adoption social worker must recommend whether to grant or deny the opposition.
Within fifteen (15) working days from receipt of the social worker’s recommendation, the RACCO, Deputy Director for Services, or Executive Director must decide on the petition’s merits.
A Motion for Reconsideration may be filed within fifteen (15) calendar days from receipt of the decision to the NACC Council through the Executive Director.
If the motion is 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.
Biological parents, relatives, or the legal guardian of a child with CDCLAA who has not been adopted may petition for cancellation of the CDCLAA before the RACCO where the CDCLAA petition was filed, supported by documentary requirements.
Within fifteen (15) working days, the RACCO must recommend whether to grant or deny cancellation and transmit the recommendation to the NACC.
Within fifteen (15) working days after receipt of the recommendation, the Executive Director must decide cancellation merits.
If the Executive Director finds merit, the CDCLAA is canceled, except when further investigation or additional information/documents are needed.
Upon cancellation, copies must be transmitted to the petitioner and all interested parties known to the Executive Director, and parental authority of biological parents over the child must be restored.

CDCLAA evidentiary effect

The CDCLAA issued by the Executive Director is the best evidence that the child is legally available in both domestic adoption and intercountry adoption proceedings.

Pre-adoption services and counseling

The NACC through the RACCO, child-caring or child-placing agencies, and the city/municipal/barangay social workers must provide counseling services that inculcate positive aspects of adoption.
Counseling must be provided to biological parents before and after birth, addressing available programs and services to strengthen the family to keep the child, access assistance such as temporary child care arrangements (including foster care), or relinquish the child for adoption.
No binding commitment to an adoption plan may be permitted before the birth of the child.
Adoption proceedings must require proof that biological parents were properly counseled to prevent hurried decisions caused by strain or anxiety and to ensure measures to strengthen the family have been exhausted and prolonged stay in the home would be inimical to child welfare and interest.
Counseling must be done in a language and manner understandable to biological parents/legal guardian and focus on: loss of parental rights (and as a rule, no further contact); importance of providing relevant child information and family medical background; possibility of placement for adoption within the Philippines or abroad; possibility of future communication at the adoptee’s initiative; the right to reconsider relinquishment within three (3) months from signing the DVC subject to NACC assessment; and the restoration process.
Biological parents who decide to keep the child must be provided adequate services and assistance to fulfill parental responsibilities.
A period of three (3) months is allowed for biological parents to reconsider relinquishment before the decision becomes irrevocable.
After relinquishment, counseling and appropriate social service interventions must be offered to help biological parents cope and reintegrate into the community.
NACC steps must ensure no hurried decisions and that the alternatives and implications of each alternative are provided.
Counseling sessions, forums, and seminars must be provided to PAPs to resolve adoption issues and prepare for effective parenting.
The NACC must disseminate basic adoption information, including effects and process; inform PAPs of children in need of adoptive homes including children with special needs; develop respect for children’s biological origin; and provide a support group venue for adoptive parents’ adoption experiences.
Adoption telling must be a central theme of sessions to equip PAPs to disclose adoption in a manner that strengthens the parent-child relationship.
Adoption disclosure is mandatory before the adoptee reaches age thirteen (13), and adoption social workers must conduct adoption-themed activities for such children to inculcate positive aspects of adoption.
The NACC (or authorized agencies) must issue a certificate to PAPs attesting completion of counseling services, and the certificate is a prerequisite for home study.
Adoptive children/adoptees must receive age- and maturity-appropriate counseling and support services in a language they comprehend, including enabling understanding of why they were relinquished.
Adoption social workers must consider the special needs of children/adoptees.
For adoptees (including adult adoptees) whose wish to know their own adoption content requires consideration, adoption social workers must consider the adoptee’s wishes and opinion, ensure consent is voluntary, and inform the adoptee of the effects of such disclosure.

Who may adopt (qualifications and exceptions)

The following may adopt:
- A Filipino citizen at least twenty-five (25) years of age with full civil capacity and legal rights; never convicted of any crime involving moral turpitude; of good moral character; at least sixteen (16) years older than the adoptee; and able to support and care for adopted children consistent with the family’s means.
- The sixteen (16)-year age difference requirement may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent.
- The legal guardian with respect to the ward after termination of guardianship and clearance of financial accountabilities.
- The foster parent with respect to the foster child.
- Philippine government officials and employees deployed or stationed abroad, provided they can bring the child with them.
- Foreign nationals who are permanent or habitual residents of the Philippines for at least five (5) years and meet the qualifications for Filipino nationals prior to filing.
Foreign nationals may adopt only if: the adopter’s country has diplomatic relations with the Republic of the Philippines; the adopter’s country laws recognize the Order of Adoption as valid, recognize the child as a legal child of the adopters, and allow entry of the child as an adoptee.
Foreign national adopters may prove recognition and entry by presenting a duly authenticated copy of the foreign domestic adoption law or a certification from the relevant central authority that the NACC Order of Adoption is Hague compliant.
Residency requirements may be waived for: a former Filipino citizen habitually residing in the Philippines adopting a relative within the fourth (4th) civil degree of consanguinity or affinity; adopting the marital child of the Filipino spouse; and a person married to a Filipino citizen adopting jointly with the spouse a relative within the **fourth (4th