RA No. 11642: steps for adoption made simple.

The new domestic adoption law removes the judicial process of adopting Filipino children. Instead, adoptive parents may now administratively apply for adoption through NACC,  a new quasi-judicial agency under the DSWD, which aims to simplify and accelerate the process of adoption in the country.

RA 11642, or the Domestic Administrative Adoption and Alternative Child Care Act, took effect on 28 January 2022. It was enacted to help facilitate and expedite the process of adoption and provide an administrative remedy for the parties. 

Instead of going to the courts, the Prospective Adoptive Parents (PAPs) may now apply for adoption with the National Authority for Child Care (NACC). It is a quasi-judicial agency under the Department of Social Welfare and Development (DSWD) having original and exclusive jurisdiction over all matters pertaining to alternative child care. The Regional Alternative Child Care Office (RACCO), meanwhile, is created for each region of the country. It is tasked to receive local petitions for adoption as well as other requests involving the well-being of children. 

Before proceeding with the application for adoption, it is necessary to first determine whether the adoptee needs a Certificate Declaring the Child Available for Adoption (CDCLAA). 

Where the child is abandoned, neglected, or abused, such child is involuntarily committed to a licensed or accredited child-caring, or child-placing agency managed by the government. The child may also be voluntarily committed to the mentioned agency by his or her biological parents. 

In both cases, RA 11642 requires the agency to file a petition for the issuance of a CDCLAA with the RACCO where the child was found, abandoned, voluntarily committed or discovered. In all other cases of adoption, such as step-parent adoption, relative adoption, and adult adoption, a CDCLAA is not required. 

The RACCO shall then examine the petition and authorize the posting of the notice of the petition in a conspicuous place for five (5) consecutive days. Within fifteen (15) working days after the posting, the RACCO shall recommend the petition to the Executive Director of NACC. 

The decision of the Executive Director of NACC in granting or denying the petition is appealable to the Court of Appeals within ten (10) days from receipt of the Order by the interested party. Otherwise, the decision shall be final and executory. 

After the Executive Director issues a CDCLAA and the RACCO is satisfied with the Case Study Report, Matching Process (except in cases of step-parent adoption, relative adoption, and adult adoption), Issuance of the Pre-Adoption Placement Authority, and Supervised Trial Custody, the PAPs may then proceed with filing a Petition for Administrative Adoption with the RACCO of the city or municipality where the PAPs reside. The petition and its supporting documents shall be published once a week for three successive weeks in a newspaper of general circulation. 

Upon finding that the PAPs sufficiently complied with the requirements, the RACCO shall  recommend whether to grant or deny the Petition for Administrative Adoption, and forward it to the Deputy Director for Services within fifteen (15) days from the filing of the said petition. 

If the Deputy Director finds the petition satisfactory, such petition will be forwarded to the Executive Director, who shall act and decide on it within fifteen (15) working days from receipt. If granted, the Executive Director will issue an Order of Adoption stating the new name of the child. 

Lastly, the adopter shall be required to submit a certified true copy of the same to the Civil Registrar where the child was originally registered within thirty (30) calendar days from receiving the order. The Civil Registrar will then seal the original birth record. 

If no appeal is filed within ten (10) days, the adoptee shall be considered the legitimate child of the adopter for all intents and purposes and shall be entitled to all the rights and obligations provided by law to legitimate children without any discrimination of any kind. According to RA 11642, the adoptee is thus entitled to love, guidance, and support from his or her new family.