The New Domestic Administrative Adoption Law: A Game Changer for Adoption in the Philippines

How the new Domestic Administrative Adoption Law Affects Child Adoption in the Philippines

Adoption in the Philippines under Republic Act No. 11642 (R.A. No. 11642), or the Domestic Administrative Adoption and Alternative Child Care Act and other repealed adoption laws

The laws and regulations on how child adoption in the Philippines 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.

Republic Act No. 11642 (R.A. No. 11642), or the Domestic Administrative Adoption and Alternative Child Care Act can be dubbed as a landmark piece of legislation. With its enactment comes the repeal of numerous laws and rules of procedure which previously governed the legal process of child adoption in the Philippines. The repeal extends to old Republic Act No. 8552 or the Domestic Adoption Act of 1998 and Republic Act No. 9523, or the law which required a certification of the Department of Social Welfare and Development (DSWD) declaring that the child is legally available for adoption, which is a prerequisite for adoption proceedings.

Moreover, R.A. No. 11642 amended Republic Act No. 8043, known as the “Inter-Country Adoption Act of 1995, Republic Act No. 11222, or the Simulated Birth Rectification Act, and Republic Act No. 10165 also known as the Foster Care Act of 2012.

Adoption in the Philippines is now an Administrative Proceeding

Prior to R.A. No. 11642, child adoption in the Philippines entailed a long and judicial process. In fact, under the old Republic Act No. 8552 or the Domestic Adoption Act of 1998, the adoption cannot be considered as valid without going to court. Supreme Court cases interpreting these old laws hold that only an adoption made through the court, or in pursuance with the procedure laid down under Rule 99 of the Rules of Court is valid in the Philippines.

Adoption in the Philippines no longer Judicial in Nature 

With the enactment of the Domestic Administrative Adoption and Alternative Child Care Act, child adoption in the Philippines is now an administrative proceeding. Under the Resolution dated 19 April 2022 under the Philippine Supreme Court’s Administrative Matter No. 02-6-02-SC:

  1. Courts may no longer receive or accept petitions for domestic adoption considering that adoption proceedings are now administrative in nature, and under the jurisdiction of the Philippines’ National Authority for  Child Care or NACC.
  2. Pending adoption cases may be withdrawn, regardless of the stage of the proceedings, and the parties are allowed the option of availing the benefits under the Domestic Administrative Adoption and Alternative Child Care Act, with the exception of those who wish to proceed in which case the courts can continue to hear the pending adoption Petitions.
  3. The Rule on Adoption or Rule 99 of the Rules of Court was held by the Supreme Court as ineffective, except for pending adoption cases where the parties do not wish to withdraw their petitions, which would still be governed by the said rules of procedure.
  4. Even recission of administrative adoption cases are under the jurisdiction of the NACC. This recission includes adoption proceedings which have been approved by the courts or under judicial decree.
  5. Pending inter-country adoption proceedings are deemed dismissed.

Inexpensive and Simpler Adoption in the Philippines

Indeed, Republic Act No. 11642 (R.A. No. 11642) or the Domestic Administrative Adoption and Alternative Child Care Act is one monumental piece of legislation, which wholly affects the landscape of child adoption proceedings in the Philippines. With the following goals of the law in mind, namely: a) to provide for and allow simpler and inexpensive domestic administrative adoption proceedings, and b) to streamline services for alternative child care, it is hoped that these goals are met, and prospective adoptive parents and the child under adoption would find the process quick, simplified, and convenient for all, with the best interest of the child in mind at all times.

FAQs (Frequently Asked Questions)

What is the significance of the Domestic Administrative Adoption Law in the Philippines?

The Domestic Administrative Adoption and Alternative Child Care Act, encapsulated in R.A. No. 11642, transforms the landscape of child adoption in the Philippines by streamlining procedures, reducing documentation requirements, and expediting processing times for prospective adoptive parents.

How does the new law simplify the adoption process?

The new law establishes a more efficient administrative adoption process through the National Authority for Child Care (NACC), which simplifies procedures compared to previous judicial processes. This includes shorter processing times and fewer documentation requirements.

What are the key changes introduced by R.A. No. 11642 regarding adoption?

The changes introduced by the law include the creation of the NACC. With one government agency handling the process of child adoption in the Philippines, the law envisions a streamlined adoption process and ensures consistency in its implementation. It also introduces measures to prioritize the best interests of the child, such as mandatory training for adoptive parents and enhanced post-adoption services. These changes aim to further safeguard the rights and welfare of children throughout the adoption journey.

Among the amendments effected by law include change in the nature of adoption proceeding, from judicial to administrative, and the transfer of authority in approving adoption to the NACC. With change in the nature of adoption proceedings come additional requirements such as mandatory pre-adoption counseling, with a focus on improving child’s welfare through legal adoption.

What is the role of the Department of Social Welfare and Development (DSWD) in adoption proceedings?

Under R.A. No. 11642, the DSWD is responsible for conducting home studies for prospective adopters, providing post-adoption support services, and coordinating with NACC to ensure effective implementation of adoption processes.

What financial considerations should prospective adopters keep in mind?

Prospective adopters should be aware of typical expenses incurred during different stages of child adoption in the Philippines. These include costs related to pre-adoption assessments, consultations with professionals who are part of the process, and post-placement supervision visits conducted by social workers from NACC or DSWD.

Why is it important to seek legal advice when navigating adoption under the new law?

Consulting legal experts is crucial as they can provide guidance on potential challenges faced during the adoption process. Documentation is often an issue with adoption, and with the implicit emotional and logistical burdens inherent in adoption proceedings, legal experts can help make the process less stressful for prospective adoptive parents. Their expertise helps individuals and families navigate complexities arising from recent changes in Philippine adoption laws effectively.

About Nicolas and De Vega Law Offices

If you need help regarding child custody, adoption, custody of a minor child, disputes on visitation rights, or have any questions or concerns regarding family law-related issues, we can help you. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.

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