HOW TO ADOPT IN THE PHILIPPINES: THE 2022 ADMINISTRATIVE ADOPTION LAW
How to Adopt in the Philippines Under the New Administrative Adoption Law?
Adoption in the Philippines had always been done through a judicial process since the modern Civil Code took effect in 1950, through the Child and Youth Welfare Code of 1973 and the more recent Family Code of the Philippines. With population growth and expanding court dockets, adoption evolved into a drawn out process as orphans and abandoned children aged out of the system without being placed with a loving and caring family. In 2022, Republic Act 11642 , otherwise known as the Domestic Administrative Adoption Act was signed into law, intended to provide a more efficient process under an attached agency of the Department of Social Welfare and Development, to be known as the National Authority for Child Care (NACC) with quasi-judicial powers to approve and grant all types of adoption. Briefly, adoption under the new law is now a two-stage process initiated with the filing of a Petition for Issuance of a Certificate Declaring the Child Available for Adoption (CDCLAA). At this point, the concerned government offices are mandated to determine if the prospective adoptive parents (PAP’s) and the subject child are qualified under the law and ready to adopt after pre-adoption counselling. If all the legal requirements are met, the quasi-judicial stage is commenced with the filing of a Petition for Adoption. This is where it is determined if the adoption will be in the best interest of the child judging from the results of the supervised trial custody. Both Petitions are to be filed at the regional level with an office known as the Regional Alternative Child Care Office (RACCO) which will hold offices in each region of the country.
What are the Steps to Adopt in the Philippines?
The following are the steps to take to adopt in the Philippines Under the 2022 New Administrative Adoption Law.
- File the Petition For Issuance of the Certificate Declaring the Child Available for Adoption (CDCLAA).
The Petition is filed with the Regional Alternative Child Care Office (RACCO) where the Child was Found, Abandoned, Voluntarily Committed, or Discovered. A CDCLAA is not required in cases of stepchild or adult adoptions or in cases where the adoption is filed by the biological parent to raise the status of the child from illegitimate to legitimate.
- Review of the Petition by the RACCO.
The RACCO will make an initial determination that the Petition is sufficient in form and substance.
- Posting
After determining that the Petition is sufficient in form and substance, the RACCO will cause the posting of the Petition for Five Days in the Locality where the Child is Found.
- Recommendation to the Executive Director of the NACC.
The RACCO must make a recommendation for approval or denial of the Petition to the Executive Director of the NACC within 15 Days After Completion of the Posting.
- Issuance of the CDCLAA.
If the Executive Director approves the Petition, the CDCLAA will be issued within 7 Working Days After Receipt of the Recommendation from the RACCO.
- Appeal
The Order Granting or Denying of the CDCLAA Becomes Final Within 10 Days from Receipt by any Interested Party Unless Appealed to the Court of Appeals.
- File the Petition for Adoption with the RACCO
The Petition is filed with the RACCO of the Place where the Prospective Adoptive Parents (PAP) reside, after the following: - Case Study Report -Matching except in the case of a step parent, relative, or adult adoption -Issuance of the Pre Adoption Placement Authority -Supervised Trial Custody
- Publication of the Petition for Adoption
The RACCO will require the Publication of the Petition for Adoption Once a Week for 3 Consecutive Weeks in a Newspaper of General Circulation .
- Review by the RACCO
The RACCO is mandated by the law to review the Petition for Adoption within 15 Days from the Filing thereof.
- Recommendation by RACCO.
Should the RACCO find that the Petition has complied with all the legal requirements, it shall submit a recommendation for granting or denial of the Petition to the Deputy Director for Services of the NACC within the same 15 day period after completion of the publication .
- Review of the RACCO Recommendation by the Deputy Director for Services of the NACC.
The review must be conducted within 15 days from Submission of the Recommendation.
- Endorsement of the Petition to the Executive Director.
If the Deputy Director for Services agrees with the Recommendation of the RACCO granting the Petition, he shall forward to the Executive Director for Final Approval.
- Issuance of the Order of Adoption.
If the Executive Director of the NACC determines that all the legal requirements under the law were complied with and the supervised trial custody is satisfactory to all the parties, he shall approve the Petition and direct the issuance of the Order of Adoption.
- Filing the Order of Adoption with the Civil Registrar.
The Adopter shall File a Certified Copy of the Order of Adoption within 30 days from Issuance with the Office of the Civil Registrar of the Locality Where the PAP Reside, which will Seal the Birth Records of the Child and Issue a New One Under the Name of the PAP.
- Appeal
Order Granting or Denying of the Adoption Becomes Final Within 10 Days from Receipt Thereof Unless Appealed to the Court of Appeals.
