For Filipinos hoping to grow their families through adoption, the process has become more streamlined with the implementation of Republic Act No. 11642, or the Domestic Administrative Adoption and Alternative Child Care Act.
The law transferred domestic adoption proceedings from the courts to an administrative process handled by the National Authority for Child Care (NACC) through its Regional Alternative Child Care Offices (RACCOs). The shift aims to make adoption more accessible while ensuring that the welfare and best interests of the child remain the primary consideration.
For those interested in adopting a child, here is a guide on who may adopt and how the adoption process works under the current law.
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Who may adopt?
Before beginning the adoption process, prospective adoptive parents must first meet the qualifications set by law.
Under RA 11642, a Filipino citizen who is at least 25 years old, possesses full civil capacity and legal rights, is of good moral character, has not been convicted of a crime involving moral turpitude, and is at least 16 years older than the child may apply to adopt. The age-gap requirement may be waived if the adopter is the biological parent of the child or the spouse of the child’s parent.
The law also allows legal guardians, former Filipino citizens adopting relatives within the fourth degree of consanguinity or affinity, and certain foreign nationals to adopt, subject to the requirements and conditions prescribed by the NACC and other applicable laws.
Step 1: Undergo pre-adoption counseling
The adoption process begins with pre-adoption counseling sessions conducted by social workers.
During these sessions, prospective adoptive parents are oriented on the legal, emotional, and social responsibilities that come with adoption. The counseling also helps determine whether applicants are prepared to provide a stable and nurturing environment for a child.
Officials emphasize that adoption is not merely a legal process but a lifelong commitment that requires careful preparation and understanding.
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Step 2: File an application with the RACCO
After completing the counseling sessions, prospective adoptive parents may formally submit their application through the Regional Alternative Child Care Office (RACCO).
Applicants are required to submit supporting documents, including civil registry records, clearances, medical certificates, and proof of financial capacity. These requirements help authorities evaluate the suitability of the applicant to become an adoptive parent.
Step 3: Complete the home study assessment
Once the application is received, a licensed social worker conducts a home study assessment.
This involves interviews with family members, visits to the residence, and an evaluation of the family’s living conditions, relationships, and readiness to care for a child. The findings are documented in a Home Study Report, which forms part of the adoption evaluation process.
At the same time, social workers also prepare a Child Case Study Report to assess the child’s circumstances and determine the most suitable placement.
Step 4: Wait for the matching process
After the necessary assessments are completed, the NACC facilitates the matching process.
The agency carefully evaluates the needs and circumstances of the child before identifying a suitable adoptive family. The objective is to ensure that the placement will provide the child with a safe, stable, and supportive home environment.
Certain types of adoption, such as relative adoption and step-parent adoption, may follow a different process depending on the circumstances of the case.
Step 5: Undergo supervised trial custody
Once a match is approved, the child is placed with the prospective adoptive family under supervised trial custody.
During this period, social workers monitor the adjustment of both the child and the adoptive family through visits and assessments. The arrangement allows authorities to determine whether the placement serves the child’s best interests and whether the family can adequately meet the child’s needs.
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Step 6: Receive the Order of Adoption
If the supervised trial custody period is successful, the NACC may issue an Order of Adoption.
The order legally establishes the parent-child relationship between the adoptee and the adoptive parent or parents. It grants the adopted child the same legal rights and privileges enjoyed by biological children under Philippine law.
Step 7: Secure the amended birth certificate
Following the issuance of the Order of Adoption, the necessary records are transmitted to the Local Civil Registrar and the Philippine Statistics Authority (PSA).
An amended birth certificate is then issued, reflecting the child’s new legal status and, when applicable, the surname of the adoptive family. The original birth record is sealed and kept confidential in accordance with existing laws and regulations.
Requirements for adoption
According to the National Authority for Child Care (NACC), prospective adoptive parents must submit the following requirements:
* Application and Undertaking Form
* Birth certificate of the applicant/s
* Marriage Certificate or Certificate of No Marriage (CENOMAR)
* If applicable: Divorce Decree with Certificate of Finality, Annulment or Nullity documents
* Written consent from appropriate parties (e.g., spouse, children, adoptee if 10 years old and above)
* Medical evaluation and certification
* Psychological evaluation report
* Valid National Bureau of Investigation (NBI) or Police Clearance
* Latest Income Tax Return (ITR) or other proof of financial capacity
* Character reference letters
* 5R-sized photos of the applicant/s, their home, and immediate family (dated, taken within the last six months)
* Certificate of Finality (if the applicant has previously adopted a child)
Additional requirements for foreign nationals
* For foreign nationals, the NACC also requires the following:
* Certificate of residency in the Philippines (at least five years)
* Police clearance from countries where the applicant has lived for more than 12 months within the last 15 years
* Certificate of participation in adoption-related training or an undertaking to complete such training (to be attached to the petition)
Other important reminders
The NACC reminds prospective adoptive parents that while RA 11642 has streamlined the adoption process, it remains grounded on the principle of ensuring the best interest of the child.
Social Welfare Officer III Lawrence Matthew Villaluz emphasized the importance of viewing adoption beyond its legal dimension.
“Ang adoption is a permanent union between a child and a family,” Villaluz said.
Authorities also encourage interested applicants to coordinate with their nearest RACCO office to verify documentary requirements and receive guidance throughout the adoption process.
Adoption officials stress that beyond fulfilling legal requirements, prospective adoptive parents must be emotionally, psychologically, and financially prepared to provide a safe, stable, and loving home for a child.
Source: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/94036
