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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Domestic Administrative Adoption and Alternative Child Care Act hereby declared the policy of the State to ensure that every child remains under the care and custody of the parents and be provided with love, care, understanding, and security towards the full and harmonious development of the child’s personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall adoption by an unrelated person be considered.
The best interest of the child shall be the paramount consideration in the enactment of alternative care, custody, and adoption policies.
No child shall be subject of administrative adoption unless the status of the child has been declared legally available for adoption except in cases of relative or step-parent adoption where such declaration is not required. Independent placement cases, or the entrustment of a child by the birthparents to a relative or another person without seeking intervention from government, nongovernment, or any social worker, will be covered by the provisions of this Act if the child is already in the custody of their custodian before the effectivity of this Act.
National Authority for Child Care
The Inter-Country Adoption Board (ICAB) is hereby reorganized to a one-step quasi-judicial agency on alternative child care, known as the National Authority for Child Care (NACC), attached to the DSWD.
Jurisdiction of the NACC
The NACC shall have the original and exclusive jurisdiction over all matters pertaining to alternative child care, including declaring a child legally available for adoption; domestic administrative adoption; adult adoption; foster care under R.A No. 10165, otherwise known as the “Foster Care Act of 2012”; adoptions under R.A. No. 11222, otherwise known as the “Simulated Birth Rectification Act”; and inter-country adoption under R.A. No. 8043, otherwise known as the “Inter-Country Adoption Act of 1995.” The NACC shall also have the authority to impose penalties in case of any violation of this Act.
Who May File a Petition for the issuance of a Certificate Declaring A Child Legally Available for Adoption (CDCLAA)?
The Head or Executive Director of a licensed or accredited child-caring or child-placing agency or institution managed by the government, PGU, NGO, or provincial, city, or municipal social welfare development officer (SWDO) who has actual custody of the minor may file a petition before the NACC, through the Regional Alternative Child Care Office (RACCO), for the issuance of a CDCLAA. If the child is under the custody of any other individual, the child-caring or child-placing agency or institution shall do so with the consent of the child’s custodian.
Petition for CDCLAA
The petition shall be in the form of an affidavit and shall state the circumstances surrounding the abandonment, neglect, voluntary commitment of the child, or discovery of the foundling.
The petition shall be supported by the following documents:
- Social case study report made by the RACCO, LGU, licensed or accredited child-caring or child-placing agency or institution charged with the custody of the child;
- Proof that efforts were made to locate the parents or any known relatives of the child. The following shall be considered sufficient;
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- Written certification from a local or national radio or television station that the case was aired on three (3) different occasions;
- Publication in one (1) newspaper of general circulation to be shouldered by the petitioner: Provided, That publication can be dispensed with in the case of step-parent and relative adoption;
- Police report or barangay certification from the locality where the child was found, or a certified copy of tracing rapport issued by the Philippine Red Cross national headquarters (NHQ) or social service division, which states that despite due diligence, the child’s parents could not be found;
- Returned registered mail to the last known address of the parents or known relatives, if any; or in the case of a voluntarily committed child, the Deed of Voluntary Commitment (DVC) signed by the biological parents;
- Birth certificate, if available; and
- Recent photograph of the child and photograph of the child upon abandonment or admission to the agency or institution.
Procedure for the Filing of the Petition for CDCLAA
The petition shall be filed in the RACCO where the child was found, abandoned, voluntarily committed or discovered.
The RACCO shall immediately examine the petition and its supporting documents, if sufficient in form and substance, and shall authorize the posting of the notice of the petition in a conspicuous place for five (5) consecutive days in the locality where the child was found, abandoned, voluntarily committed, or discovered, and in social media platforms or other online platforms of the NACC and concerned LGU.
If the RACCO finds that the petition is insufficient, the case shall be put on hold and the petition shall be returned to the petitioner for compliance with the additional information or documents requested by the RACCO.
Within fifteen (15) days after the completion of its posting, the RACCO shall render a recommendation and transmit a copy of such recommendation, together with the records, to the Executive Director.
Opposition to the Petition for CDCLAA
In cases of abandoned, neglected children, and foundlings, if the biological parents, relatives or legal guardian of the child appear and oppose the issuance of the CDCLAA, prior to its issuance, the case shall be put on hold and the RACCO, Deputy Director for Services, or Executive Director, depending on where the case is pending for review at the time the petition is opposed, shall direct the handling adoption social worker to immediately investigate the request for a Parenting Capability Assessment Report (PCAR) from the LGU where the biological parents, relatives, or legal guardian reside.
Within fifteen (15) working days after the issuance of the PCAR, the handling adoption social worker shall render a recommendation on whether to grant or deny the opposition of the biological parents, relatives, or legal guardian of the child.
Within fifteen (15) working days after the receipt of the handling adoption social worker’s recommendation, the RACCO, Deputy Director for Services, or Executive Director shall decide on the merits of the petition.
Biological Parent Search
It shall be the duty of the NACC, LGU, or the child-plaicing or the child-caring agency, which has custody of a child to exert all efforts using tri-media and any other possible means to locate the biological parents of the child and seek their consent. If such effort fail, the child shall, if applicable, be registered as a foundling and subsequently be the subject of administrative proceedings, where the said child shall be declared abandoned: Provided, That if the adoptee is an adult, the biological parent search is at the discretion of the adoptee.
Who May Adopt
- 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 parents;
- The legal guardian with respect to the ward after the termination of the guardianship and clearance of financial accountabilities;
- The legal guardians with respect to the foster child;
- Philippine government officials and employees deployed or stationed abroad; Provided, That they are able to bring the child with them; and
- Foreign nationals who are permanent or habitual residents of the Philippines 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 or the following:
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- 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
- One who seeks to adopt the legitimate child of the Filipino spouse; or
- 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:
- If one spouse seeks to adopt the legitimate child of the other; or
- If one spouse seeks to adopt own legitimate child: Provided, That the other spouse has signified consent thereto; or
- If the spouses are legally separated from each other.
Who May Be Adopted
- Any child who has been issued a CDCLAA;
- The legitimate child of one spouse by the other spouse;
- An illegitimate child by a qualified adopter to improve status of legitimacy;
- 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;
- A foster child;
- A child whose adoption has been previously rescinded;
- 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
- A relative of the adopter.
Whose Consent is Necessary to the Adoption
- The adoptee, if ten (10) years of age or over;
- 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;
- The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;
- 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
- 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.
Effects of Adoption
The adoptee shall be considered the legitimate child of the adopter for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate children born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family. The legitimate filiation that is created between the adopter and adoptee shall be extended to the adopter’s parents, adopter’s legitimate siblings, and legitimate descendants.
The adopter is also given the right to choose the name by which the child is to be known, consistent with the best interest of the child.
Upon issuances of the Order of Adoption, adoption shall cease as alternative care and becomes parental care. Adoptive parents shall now have full parental authority over the child. Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parents and the adoptee shall be severed and the same shall then be vested on the adopters.
In case spouses jointly adopt or one spouse adopts the legitimate child of the other, joint parental authority shall be exercised by the spouses.
In testate and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiations. However, if the adoptees and their biological parents have left a will, the law on testamentary succession shall govern.
Rescission of Administrative Adoption
The adoption may be rescinded only upon the petition of the adoptee with the NACC, or with the assistance of the SWDO if the adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is incapacitated or by his or her guardian on any of the following grounds committed by the adopter(s):
- Repeated physical or verbal maltreatment by the adopter despite having undergone counseling;
- Attempt on the life of the adoptee;
- Abandonment and failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code of the Philippines.
Effects of Rescission
If the petition for rescission of adoption is granted, the legal custody of the NACC shall be restored if the adoptee is still a child. The reciprocal right and obligations of the adopters and the adoptee to each other shall be extinguished.
In cases when the petition for rescission of adoption is granted and the biological parents can prove that they are in a position to support and care for the child and it is in the child’s best interest, the biological parents may petition the NACC for the restoration of their parental authority over the child.
The NACC shall order the Civil Registrar General to cancel the amended birth certificate and restore the original birth certificate of the adoptee.
Succession rights shall revert to its status prior to adoption, but only as of the date of the approval of the petition for rescission of adoption. Vested rights acquired prior to rescission shall be respected.
All the foregoing effects of rescissions of adoption shall be without prejudice to the penalties imposed under the Revised Penal Code if the criminal acts are properly proven.
Related Articles:
- Simulated Birth Act or Republic Act No. 11222: The Twin Remedy of Adoption and Rectification
- ON DOMESTIC ADOPTION
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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