1. What law governs domestic adoption?
— The laws and regulations on how to adopt a child have been amended by Republic Act No. 11642 (R.A. No. 11642), also known as the Domestic Administrative Adoption and Alternative Child Care Act. The Implementing Rules and Regulations (IRR) of R.A. No. 11642 have in fact been issued as mandated by the law. The Rules and Regulations outline the process of adopting a child in the Philippines.
2. Who may adopt?
— Sec. 21 of RA 11642 provides that the following may adopt:
(a) Any Filipino citizen at least twenty-five (25) years of age, who is in possession of full civil capacity and legal rights; has not been convicted of any crime involving moral turpitude; is of good moral character and can model the same; is emotionally and psychologically capable of caring for children; at least sixteen (16) years older than the adoptee; and who is in a position to support and care for adopted children in keeping with the means of the family: Provided, That the requirement of sixteen (16)-years difference between the age of the adopter and the adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s parent;
(b) The legal guardian with respect to the ward after the termination of the guardianship and clearance of financial accountabilities;
(c) The legal guardians with respect to the foster child;
(d) Philippine government officials and employees deployed or stationed abroad: Provided, That they are able to bring the child with them; and
(e) Foreign nationals who are permanent or habitual residents of the Philippines for at least five (5) years possessing the same qualifications as above stated for Filipino nationals prior to filing of the petition: Provided, That they come from a country with diplomatic relations with the Republic of the Philippines and that the laws of the adopter’s country will acknowledge the Certificate of Adoption as valid, acknowledge the child as a legal child of the adopters, and allow entry of the child into such country as an adoptee: Provided, further, That requirements of residency may be waived for the following:
(1) A former Filipino citizen, habitually residing in the Philippines, who seeks to adopt a relative within fourth (4th) civil degree of consanguinity or affinity; or
(2) One who seeks to adopt the legitimate child of the Filipino spouse; or
(3) One who is married to a Filipino citizen and seeks to adopt jointly with the spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
Spouses shall jointly adopt, except in the following cases:
(a) If one spouse seeks to adopt the legitimate child of the other; or
(b) If one spouse seeks to adopt own illegitimate child: Provided, That the other spouse has signified consent thereto; or
(c) If the spouses are legally separated from each other.
3. Can only one spouse adopt?
— As a general rule, no because the husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint parental authority shall be exercised by the spouses.
4. Who may be adopted?
— Sec. 22 of RA 11642 provides that the following may be adopted:
(a) Any child who has been issued a CDCLAA;
(b) The legitimate child of one spouse by the other spouse;
(c) An illegitimate child by a qualified adopter to improve status of legitimacy;
(d) A Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child for a period of at least three (3) years;
(e) A foster child;
(f) A child whose adoption has been previously rescinded;
(g) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents; or
(h) A relative of the adopter.
5. Whose consent to the adoption must be secured?
— Sec. 23 of RA 11642 provides that the written consent of the following must be secured:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parents of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child, except in the case of a Filipino of legal age if, prior to the adoption, said person has been consistently considered and treated as their own child by the adopters for at least three (3) years;
(c) The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;
(d) The illegitimate children, ten (10) years of age or over, of the adopter if living with said adopter or over whom the adopter exercises parental authority and the latter’s spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
Provided, That children under ten (10) years of age shall be counseled and consulted, but shall not be required to execute within consent.
6. What is the procedure for domestic adoption?
— The procedure, as provided in Domestic Petition – REGULAR ADOPTION | National Authority for Child Care (nacc.gov.ph) with minor amendments from the author, is as follows
A. Application, Inquiry, and Pre-Adoption Forum Attendance
Inquiry with the National Authority for Child Care (NACC), and attendance to the required Pre-Adoption Forum, which will discuss the process, requirements, and particulars of the adoption process in the Philippines. A Certificate of Attendance will be issued, which is part of the requirements.
B. Secure and Prepare Documentary Requirements including Petition
The Prospective Adoptive Parent (PAP) shall secure the documentary requirements as discussed in the forum and prepare the Petition for Adoption and coordinate with the social worker for the preparation of Social Case Study Report. Once the Petition is done and the supporting documents are complete, file the Petition and documents with the Regional Alternative Child Care Office (RACCO) which has jurisdiction over the place where the PAPs reside.
C. Publication, Processing, and Decision of the NACC
The RACCO will issue an Order to publish the petition and come at a specified date for the Mandatory Appearance (MA) before the RACC Officer. Once MA is done, the RACCO will undertake its internal processes to package (with complete documentation i.e. MA process recording, case brief, recommendation) and transmit the Petition to the NACC. The PAP will await the NACC Undersecretary’s Decision on the Petition through the RACCO. If NACC requires additional proof that will aid in its decision, the PAP must comply within 15 working days. If granted, PAP will receive an Order of Adoption. Otherwise, the PAP will receive a Denial on which the PAP may file a Motion for Reconsideration (MR). If the MR is denied again, the PAP may lodge an Appeal to the NACC Council or the Court of Appeals.
After receipt of the Order of Adoption, the PAP, with or without the assistance of the adoption social worker, shall provide the concerned Local Civil Registrar (LCR) with a copy of the Order of Adoption. The PAP will submit to the RACCO an acknowledgment of the Order of Adoption.
D. Recording and Processing of the Decision with the LCR
After receipt of the proof Acknowledgment by the parties (from RACCO, the PAP and the LCR) will facilitate the Certificate of Finality (COF) of the Order. The PAP, with or without the assistance of the social worker, shall register the Order of Adoption together with the COF and draft Certificate of Live Birth (COLB) at the concerned LCR.
E. Issuance of New Birth Certificate and Post-Adoption Processes
The PAP, who is now the Adoptive Parent, shall request for the new Certificate of Live Birth from the Philippine Statistics Authority. This will be done in coordination with the LCR concerned. Upon issuance of the COLB, the Adoptive Parent will provide a copy of the COLB to the RACCO. The Adoptive Parent shall likewise coordinate with the assigned adoption social worker regarding the adjustment of the child or significant developments within one (1) year after the finalization of legal adoption.
7. What Documents are Usually Required by the NACC?
The Prospective Adoptive Parent/s (PAP) shall attach the following documents to the notarized Petition for Adoption and file the same with the RACCO:
- Child Case Study Report and Home Study Report or Social Case Study Report, whichever is applicable under the circumstances;
- PSA copies of the birth record of the PAP/s and the child;
- PSA copies of the Marriage Certificate or Certificate of No Marriage Record (CENOMAR), in case of termination of marriage, or Authenticated Divorce papers with copy of court decision and Certificate of Finality by their Consulate, if foreign applicant; Decree of Annulment, Decree of Nullity of Marriage, or Decree of Legal Separation or the PSA copy of the Certificate of Marriage with annotation of the annulment of marriage, declaration of nullity of marriage or legal separation for Filipino applicant;
- NBI or Police Clearance or Court Clearances; If foreign national, clearance from police authorities where he or she has lived for more than 12 months any time in the past 15 years;
- PSA copy of the Death Certificate of the child’s biological parents, if applicable;
- Written consent of the child ten years of age or over;
- Written consent of marital and adopted children of PAP/s, ten yearsof age or over;
- Written consent of non-marital children, ten yearsof age or over, of whom the PAP/s is living with or over whom PAP/s exercises parental authority;
- Written consent of the biological father or mother of the marital child or of the biological mother of the non-marital child, or the person/s exercising substitute parental authority over such child, to be adopted. This is not required, when the adoptee is already an adult;
- Result of the recent medical evaluation of the child and the PAP/s prepared within six months prior to application. This requirement may be waived when the adoptee is already an adult;
- Psychological evaluation of the PAP prepared within two years based on the date of the report.
- Psychological evaluation of the child, for children five yearsold and aboveprepared within two years based on the date of the report, as recommended by the social worker especially when the adoptee is already an adult;
- Letters attesting to the character and general reputation of the PAP/s from at least threenon-related character references, of one preferably from an employer or supervisor or with whom the PAP/s have business dealings. The contact details of the person attesting and the date when the letter was prepared must be indicated in the document;
- Recent 5R (127×178 millimeter) close-up and whole-body pictures of the adoptee and the PAP/s taken within the last six months; The date when the photo was taken must be indicated; and
- Documents showing the financial capacity of the PAP/s.
- Original CDCLAA of the child.
8. Are there additional documents that may be required during or after the process?
Yes, in addition to the documents attached to the Petition for Adoption, the following documents, some of which may be secured before or after the filing of the petition, must also be attached or submitted to the RACCO, viz:
- Certificate of Attendance at Pre-Adoption Forum, Training and Seminars;
- Certificate of Attendance at Pre-Adoption Forum, Training and Seminars;
- Verification and Certification against Non-Forum Shopping, when applicable;
- Certificate of Authority for a Notarial Act of the Petition;
- Tri-media posting certificate/s as proof of efforts to locate the other biological parent, if the adoptee is marital child;
- Certificate of Presentation, as applicable;
- PAPA;
- Post-placement Report, as applicable; and,
- Order from the court approving the withdrawal of the case or order of dismissal or Decision, if the case has been previously filed with the court;
- Certificate or Affidavit of Publication; and
- Other documents may be required by the RACCO to support the petition.
About Nicolas and De Vega Law Offices
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