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    RA 11642 also penalizes exposing the child to be adopted to “danger, abuse, or exploitation” as well as “simulation of birth” or the fictitious registration of the birth of a child under the name of a person who is not the child’s biological paren

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    RA 11642 also penalizes exposing the child to be adopted to “danger, abuse, or exploitation” as well as “simulation of birth” or the fictitious registration of the birth of a child under the name of a person who is not the child’s biological paren

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    © All Rights Reserved
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    6 views22 pages

    Ra 11642

    Uploaded by

    car119
    RA 11642 also penalizes exposing the child to be adopted to “danger, abuse, or exploitation” as well as “simulation of birth” or the fictitious registration of the birth of a child under the name of a person who is not the child’s biological paren

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    © All Rights Reserved
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    of 22
    ‘Republica the Bhilippees Gongeess of the Bljlippines ‘i eis ‘Rightenth Cangeess Tic Regular Session Bogun and ld in Metro Manis, on Monday, the twenty-sixth yo ayo thousand twenty-one, [Rerusiic Act No. 116421 AN ACT STRENGTHENING ALTERNATIVE CHILD CARE BY PROVIDING FOR AN ADMINISTRATIVE PROCESS OF DOMESTIC ADOPTION, REORGANIZING FOR THE PURPOSE THE INTER-COUNTRY ADOPTION BOARD (ICAB) INTO THE NATIONAL AUTHORITY FOR CHILD CARE (NACC), AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8043, REPUBLIC ACT NO. 11222, AND REPUBLIC ACT NO, 10165, REPEALING REPUBLIC ACT NO. 8552, AND REPUBLIC ACT NO. 9523, AND APPROPRIATING FUNDS THEREFOR Beit enact by the Senate and House of Representative ofthe ‘itippinesin Congress assembled awmicas 1 (Geers PRovistons [SECTION 1. Short Tie, — This Act shall be known an ‘the ‘Domestis Adminitrative Adoption snd Alterative Child Care Act SEC, 2. Delortion of Police, ~ It i hereby declared ‘he pay of the Sao to ensure that every cima under the caro and custody ofthe parents and be provided with lore, fare, understanding, and security towarde the Tall and IRasionous develpeatt ofthe chile personaly, Only when such elforta prove innufient and no sppropints placesent (¢apon within Une clr etonded fun sab shall ‘Adoption by an unrelated person be considered ‘The beet interest of the child shall be the paramount consideration inthe enactment of llernative care, caso ad ‘Adoption pls. shal bein acnrdance with te tone et ‘orth in all the rghte ofthe eld enumerated under Arce of Presidential Deer’ No. 60S, otherwice knows ae the ‘child"'and Youth Welfare Code": the “United Nations Convention on th Rights ofthe Child (UNCRG}” the "United Nations Gusllines cn Arnative Car of Cle’ he “United [Netlons Declaration on Socal and Legal Principles Relating to the Protection and Wellare of Children, with Special Reference to Foster Piacoment snd Adoption, Nationally sad Internationally and the "Hague Cogvetion on the Protection ‘f Children and Cooperation in Hespoct of Inter-Country Adoption” ‘Toward this end, the State shall: Bnsue tht child widhout parental care, ats tg il hate se spe ack oe (©) Retalish stornatve care standard to enause that ‘he quality of fe and leang conditions set are conde ¢ the Sad developaect (©. Safoguard the biological parenta fom making hasty ecsions to rlingtich parental authority over the child 1 (@, Prevent unnecessary separation of the child from the olga parent (6) Protect the adoptive parents from atoms w distur their parental authority and custody over the adopted child: Conduct public information and educational campaign to promo a postive environment for adoption @® Ensure chat suffisient capacity exiate within sovemment and private sector agencies ta handle adoption {nquiries, procest domestic adaption petitions, and offer ttopdon related services, including preadoption and pot ‘ioptin servicee, far the bologial parent, children, and ‘Mopuve paras (0), Encourage domestic adoption co as vo preserve the ‘lula deatity and eutur in th cle native land, and onky Wwhea this is got fescble ell inter-countey adoption be ‘onset; and @_Beenblish a epsom of coperaton with the Inter ‘Agency Coonsl Agsnat Tracing (ACAT), o prevent the Tracing, and abduction of cheer and to protect Filipino atldren alandaned overcas who are mado Vulnerable ‘by thei irregular status No child shall bo a subjet of administrative adoption unless th status of the child haw been declared legally ‘table for ndopton amep sn cam of sativa oep-parat ‘Hopti where ruck dedavation ia not required: Independent placement cases, or the entrustmeat of a child by the ‘iriparente tan lative of another person without scene Intervention from government. nongoverament or any socal ‘Worker, will be covered by tho provisions of thie Ac if th ‘ld ie already im th custody of thir custodian before the tecvy of this Act. loptces are the ast expeditious Droteodinge thet will round to their best intrest. ‘880.9, Objectives This Ast shall provide for and liw simpler and ineapentive domestic administrative adoption Drowoings and tall stresine cero for alternative Ghd fae, Purtuantto tha i shall create the National Autborty for Child Care (NACC), which shall exerciee all powors and fnctons reiting to alternative cd care including. dosaring ‘Uchild legally available for both domestic administrative ‘hdption and ntersoantry adoption, star car, anchp cre, {amily care, ov reidential care 880. 4, Definition of Terms, ~ As weed in thin Act (@) Abondoned child refers to a child who hae no proper parental care or guardisnahip, foundling, oF one fro fas been desertod by one's pareats for a period of at Tat three @) continuous months, and has been declared an such by the NACC; ®) Abandoned Filipino child in a foreign country slit an uaogitored or undocumented ld found tae {he Philppine turtory, wat known or unknown fact of birch, Separated from or deserted bythe biological Filipino parent, funrdion, or custodian for a period of at least three (3) ‘Sasnuoce mosthe and commited tox foreign orphanage or ‘Shantabe instttion or in temporary inforsal care and has oon declared as surh by the NACC, upon recommendation Gf the Office of Sonal Wellaye Attache (OSWA) of the Department of Soaal Walle and Development (DSWD) or the Department of Foreign Alfirs DFA); (2 Actual custodian rfofs to the guardian or spouses rho salse'ch or person and eomastenly treated the cll their ont: @ Adoption refers wo he sci ogal proses of providing «permanent fama to cd whos pareota bad wofontaiy for involuntary given up tei parental rights, permanent {taneforsng all hte aad reponaiises, along with fiat. {baking the chide loptiete child of the adoptive parent Provided, Past adult adoption shal also be covered by the Denia of thie At In tho interest of arty, adoption shall cease to be part of alternative shld eave and'bicomes parental cere a8 eat Se the proce i completed 5 © Adoption para-sovial worker refers to an supropistered and ualicensed soci work practitioner who aly has thre @) svar of experience in banding ateraative {hildcare or adoption caves or both © Adoption socio! worker refers to an individual who 4 regutered and hnvenaed by the Profeasional Regulation Comsminsn (PRO, is acordanco with Republic Act No 9439, ‘otherwise kaows as the Magna Carta for Public Social Workers” end who sealy as thes (3) years of experience in bandlingalorative cil eare or option cave cr bth. Por Drpooes of this Act im the event that a adoption sosial Worker isnot avalaie, adoption parasol worker shall be {lowed to sender the crvions required: Provided, That only uly regtened sad eensed social workers shall sign ad Submit the pernent documents (@ Alternative child care refers tothe provision of planaed cubstitte parental care 28 shld who i erphaned. bandoned, neglected, or surrendered, by a chilaring ot ‘Ghld-placing agency. ‘This mary sos foster care, ship ‘are, familie cao, and residential care fap refer to lan adult son, datghter oF ofoprng Chill Legally Available for Adoption (CLA) refers to a child in whose favor a erticaton war Sead By the NACC that euch child is lgaly avilable for adoption afer the fact of abandonment or noglect hasbeen proven through the submission af pertinent documents, cr one who wat ‘oluntariy comedy the chs paren r legal guardian Cortifate Deloring @ Child Legaly Available for Adoption (CDCLAA) refers tothe nal wrton snitrative trae issued bythe NACC 1 Sd to be abandoned {Sal neplectd. and commiting such sid tothe care of the NACC throsrh's foxer paren, guardian. or duly ceased child-caring o chléplasing agency. The right of the logical rents, guardian, ar oter custodian to exercise authority over fhe eid shall cease upon loeuance of the CDCLAA () child-caring agency refers ta @ duly Licensed and aeqrdied agency the DSWD the a (Gishour resdontial care soevicns fo Deglected, or wuntanly and involuntary eommatied dhldren Child case study report efor to writen report proparod hy an adoption tial worker containing all the ‘eesoery information about child, including the childs legal ‘feta, placomont hitry, pat and present bopsehewcal and ‘pintual aspect, cae background, ep cltral background fd binlopiesl fall background or history, (x) Child placing agency refers to a private nonproit or chavteble or government agency duly licensed and ‘Steedtad agency by the DSWD to provide comprehonave child Wrellaze services lnluding receiving abd proseing of petitions {Er aopton and faster cre, evaluating te pressive adoptive prea (PAP) or faster parents reperng the Child ease ely Feport and home edy report, (0) Child Placement Commitee (CPC). refers to the committee under the supervision of the Deputy Direct for ‘Sifyoee compoued of ch paychiatit or ‘medicel doctor, ¢ lawyer, an adoption sovial worker, a ‘Feproseatatie of a nongovernmental organization (NGO) ‘Sngnged in cid walla and any other praesronal as may ‘betneeded to provide the nesegary aasstance in reviewiAg ‘ettone for sdepson eae af Seana Cotman IVE) ers he © Domestic adoption sdopSonproseing were the O option is osued 7 within the Phiippines and ie undertaken between a Filipino TM and eligible adoptive parents @_ Foreign notional refers to any person who isnot 1 Filipino eee () Foster care refers to the provision of planned temporary eubestte parental care ts elild by @ foster parent (@) Poater child rafere ta child placed under foster (Foster porent_refor toa person, duly licensed by the NACG, to provide frter care: (0) Foundling refer to a deaerted of abandoned child of unknown parentage and whose date or Greumstances of thre on Philippine terry are nlknown and sndocumented Thi cball alo include thowe withthe Above circumstances of thr during their infney andlor culdbod. and ave reached the age of tajorty mthout benefiting fom adoption (6), Home study report refers to a written report spate iy an aption soa worker relative tthe mottos nf expanty of the prowpective adopive or foster parents to Drove m home that mecto the neede of a child: () Jotercountry adoption rofors to th process of adopting a ehld by «foreign national or a Pino ‘ea habitual a readenteutside Phippinetertory which ompies withthe principe stated i the Hague Convention ot 1903, oon permanently dpe sbendonment substantial, cotinuous. oF repeated noglet Sune or incompetence to @seharg perontal Fecponeitis, Of known or unknows parents: (6) Local Soviat Walfare Development Officer (LSWDO) fore to petton who Se'= daly ceed Socal worker ad 8 appointed by the local chief exzeutive to ead the provincia, ty, or minpal socal wellae deveapreat ee which sores 40 the frontline of the loral government unit (LGU) in the delivery of soci welfare and development programe and ‘tnd commitment ofthe adoptive parents to provide wach needs And promete a mutually satsfing parent-child relatonehip (oa) Neglctod child refs to child whose phys and ‘motional neede have been delierately unattended or Inedequetely attended within period of three (9) cantinuote ‘montis A child is unatended when let without the Proper rovisions oF proper supervision; (QD Peon efor tothe duly accomplished appliaton ‘orm for fst cae ot edopton ncuding th socal case tly ‘report nd ite supporting dovaatents from aa authorized ot credited agency er central authority, (ee) Placement refers tothe physical entrastment ofthe cui ‘ith the fater parent orto the adoptive parent (4a) Posodoption services eft to pechotocia services nd support scres provided by adoption social workers afer {he iaeuence ofthe Ordcr of Adoption by the NAC or Final Decree af Adoption or ite equivalent (ce) Predoption Placement Authority (PAPA) rere 1 document ieued by the NACC, through tho Region Alternative Child Care Office (RACCO), authorising oF fonfiraing the placement of «eid to tho peepecave adoptive Prospective Adoptive Parent (PAP) rofera to an Indvial who has cd pttic fr admintrative adoption: (Ga) Regional Child Pocement Committe (RCPC) refers to the matching commitic organized by the NACC, tough the RACCO, that sn tasked to deliberne the Tepional sad ’ Inurregionsl matching of cilren legally avaiable fer adoption And approved prospective adoptive parents hy Reloie,sofrs to eomeoe other tha members, within the fourth (4) a degre of consanguinity or aft G@, Simulation of beth record. retort che tampering ofthe cll rgity to make it appear in the record of birth {hata child wat born ta perm who not euch childs ological mother, causing the loos of the true identicy and ata of euch hi G, Soci case study report refers to the report prepared by the option svial warka on the PAPS capacisy {o yin tho cite sal agen efor 1o locate tho se Ubogial parents o mater: intervene given ta the cid fd the fly: and the adoption social Workers sncnemeat ‘ofthe cae, I all isle both the child ave edly report land the home sty report, (ip Social worker refers to licensed pratitionse by the PRC who, by academic treiaing end social work prsfesionl experience porersen the skill to seb he fbjetvee as defied and set by the socal work profession, ‘through the uae ofthe basic methods and techargur of socal ‘work (ese work. group work, and community organization) hich are designed to eneble individuals, groupe and Communities to mest their needs and 20 ase the problems adjustment to « banging pattern of eosety and, throu fcordination with an crganized social werk agency which ie ‘pported parlly or whaly Rom goverament sr community ‘elod funda A) Sepparent refers to a parent who is marie to the mother or father of a child, But who ie not that child's logical mother or father (2am) Superioed tral custody (STC) refer to the period of time afer the placement of a child ta an adoptive bome ‘whereby an sdopttn sol worker helps the adoptive taaly {ind the child the adjustnent proceso facts the legal tion through adoption: 10 (ax) Support rfors to everthing indispensable for the Jul snd harmonious development of the child, including ‘etenance, dwelling, clothing, medical attention, and ‘lucation, i Meepng with the financial expacty ofthe fal od Lo) Vrs mete le wn Iga gardnn knowingly and wilntyvlngsabed arenalauthtiy tothe NAC, the DSWD, or any daly “ccreited chiépicng or chldenring agency ot inetton Arcus I NATIONAL AUTHORITY FOR CHILD CARE ‘8, 5. National Authority for Child Care (ACC). ~The All duties, functions and responses of the ICAB, the DSWD, and those of other goverament agencies relating fo temgative childcare and adopuon are hereby teansfored to the NACC. ‘The Department of Budget and Management DBM), in coordination with the ICAB and the DSWD, shall formulate ‘caheate arganaational tructur with coreeponding punta oatone to fll the fenctions and evions ofthe ACC as eipulated under this Act. SEC. 6. Jurisdiction of the NACC. ~ The NACC shall Ihave the original and exclusive jurisdiction over all metters Pes arte cca ling cing cl gully swab or adopon: domestic adminiteatie dat adoption: fnter care under Republic Act No, 10165, ‘therwiae known ea the "Foster Care Act of 2012 adoptions tinder Repable Ace No. 11222, otherwise known er the ‘Simulated Bits Recent Act and sntercoumiry sdopson Ander Republic Act No. 6043, otherwise known the "ntar- (County Adoption Act of 1098". The NACC shal slo have the ‘boty to impone penal in cag of any viltion of this aa u SEC. 1. Composition of the NAC. ~ The NACC shall bbe camposed ef = Counel ands Secretariat ‘The Council shall bo compoced of the Secretary of the DSWD as er efco cherperan and six (6) ether members, ‘who ar tobe appoint by the President for a nonrenewable {erm of cx ( yours: Pouided, That there sal be appointed cone (1) peschitsistorpayhologit, wo (2) lawyers who shal {have at lest the quilidetions of Regional Trl Court RTC) judge, one (I) registered social worker, and tro (2) "esha Ns eng i tc and cl icing activites ‘Tho members of the Couneil shall receive » reasonable per diem allowance foreach mecting atceded, ‘The Council shall act as the policy making body for purposes of eareyng out the provision ofthis Act and hall Trmlate cid wellare polices which shall conmtanty od ‘to ongoing studize ot lleratve ci ears, Bn ban, ball, ‘serve as Appeals Commitee for contested denials of petitions {isued hy the Brecutive Director or the Deputy Director fr ‘The Secretariat sball implement and exzcuto piss on ltarntive eld care pursuant tothe provsone ofthis Act. {eisll te hoaded by an Hacutive Dicer, with the rank qe eee See ie ee a ay ae 2 See ae Sees SaaS ‘The NACC may hice proesinala and various expert, ‘who shall frm part ofthe CPC to be composed of a ld Davchiatrot or pevebolps, a medial dostrs awe, an {Sdopton social worker, &teprenmttie of an NOO engaged in child welfare, and any other professionals, as may be needed, to provide the noceecary aststance to the Deputy Director for Sereices and Execstie Director in reviewing petitions for adoption. "The Deputy Director or Adminstration and Finance shall be in charge of human resource development and ‘uanagement. property and logs management, assets and Fisaaeial management, and other administrative support ‘Sue, 8. Functions of the NACC. ~ The NACC shalt ‘ensure that the petition, and all other matters fnvoWing ternative ld eae, including the senuanes of CDCLAA, and {he press of domestic and inter-country option, beta cre, sschip care, familylke care, or resdential cae are sisple, expeditious, and inexpensive, and will rodound to the Best {ntoree of the child involved ‘Tomairds this end, thé NACC Couns ‘hall act the poly mahing body and when convened sa such az tm on Bone Eppesiecomsttes for contested dental of petitions ited by the Bxecutiva Dicetr or the Deputy Dicer for Service, hie the NACE Secretariat hl be resonate fo te () Act and roasive petitions for the seruance of CDCLAA fe provided ndar this Act: ) Raciitate, act, ona rosave all matters relating wo domestic administrative adoption av provided in this Act; (© Facitate, act, and seslve all matare relating to inter sountry adoption, pustusat to Republic Act No- B04. (@ Facitat, ect, or roslve all matters relating to foster care pursuant to Mepublic Act No, 10168, (c) Rrciliat, act, apd resolve all matters relating to the ecuieation af amulet bith pursuant to Republic Act No hia (9 Supervise and control the following acte to be performed by tho RACCO under the provisions of thie Act a (@ Determine ation on potion for adoption, foster care sand other forms of eterative eld care thet have been fled ‘rough and procined by the RAOCOs; (hy, Set standarde and guidelines on adoption including pre-and postlegal adoption wervces Convene an Independent Appeals Commitee whenever nocaauey tobe compoatd of prfeenonale and expert fom its CPC, to resolve appects ed by interested partie invelving Aeniala of potions atthe RACCO level © Act nthe central authority in matters relating to snxacountry adoption and shall acta the policymaking tod) {Gr purpoess of carrying out the provisions of this Act Including Republic Act No, 8043, in consultation and Ceordination with the DSWD-OSWA, DFA, the diferent child fae and placement agencies, adopive agencies, av well a NGOs engaged in child care and placement activities, peony he fens ander Stim 4 he remeron (ho Determine, in coordination with the DFA or the OSWA, poocedusee or stable slternative care of Fuipino hulden stranded eboad, including countrive nt party tothe Hague Convention or have no diplomatic relations with the Phippines: () Basure that intercountey adoption wil nt be pursued ‘unui! poeabe domeate placement of the child hee been ahaused (on) Conduct national information dissemination and sdvocacy campaign on alernative child cares () Establish clear progam to keep cidsen with their biological fanlin whever pole; (o) Ausesa the progross and identify gape in the implementation of thin Act and come up with policy ‘commendations, (©) Keep record ofall adoption, foster care, and other iterative childcare cases, and provide perio information| sd reports on the performance of the ageney 4 (@ Conduct research on adoption, foster care, and other ltornative chid eare poses or in related Belge to further lprove aad strengthen the ofice programs std services and {or policy formulation and development (©) Provide technical escistance and conduct capability biting activitis to all concerned agencies and stakeholder (© Determine and impose administrative foes 4) In partnership withthe Department of the Interior 1d Loal Government (DIL), prove the neceasary support fed technical asians to Le, expecaly the Lac Cons Protection af Chldsen (LCPC), whe are among the frst pondere to casey of child abandonment nd voluatary fommitment, on matters related to ltermaive child care procesae and engage them uring the pro-adopion process (9) Bul inkagee and partnership with independent and private entities svc a lcaeed and accredited chil-cering fnsttutions, foundations and soil worker groupe to ease the brarden on the government to monitor all pettons: ‘Ac, ts implementing Flee and regulaiont AU the res and reps whish prong oe devlep pales programs and secvie elting to the proses ‘bier are, scp fare, famulylte care, or rendental car; and (9) Baforce thie Act : ‘Ket and other related lawn, such av Republic Act No, S043 fod Republi Act No, 10163 toward the imple, expeditious 4 inerensve prea ring t ite ear, nuance ot Fedouad to the best interest ofthe cil ‘S80, 9, Regional Arnaive Child Care Office (RACCO). = Thore shal alo be & Regina Allrnative Cl Care Office (RACCO) creetod foreach region of the country, which bal bended ty a Rogonal Alternative Child Care HACC) ox ts ‘The RACOO is tasked to ensure a well functioning eyo of eit of lea ptiune for CDCLAA and adoption, and eter ‘equostsrogardig alteaative placement and wellbeing of children ‘The RACCO shall have dedicated personnel who shall ‘exclusively bundle each ofthe following (4) Tesunnce ofthe CDCLAA: (© Domestic administrative adoption: (© Intercountry adoption; @ Foster cae (0) All other forme of altrnatve care inciuding family. like care, kinship care, and reeiental care: and Recication of sot No, tna slated birth pursuant to Repiblic “There shall be an RCPC italled in each RACCO which shall bo eaporied bythe RACC ofr Tt bell be composed ff multdisdplinary group ineuding «child peycistit or inept, « media decor, « member ofthe Philippine Bar En adoption socal worker and a representative of an NGO Involved in cld wellae: Provided, That no member of the ftoup ba ave elaine with be hd Ge PAB bung ‘Suc. 10, Appointments and Stafing Patterns, — The [DBM in sordination wth the [CAB and DSWD, sil eeate ‘the ofpanizational erutare and staing pattern necessary for the pavlormaoes of funchone of the ACC. Provide, That ofcts and employees bing permanent appointments call ‘e given preference for appointment to the new poatons i the approved staffing pattern comparable to their former fand edoption aball all be teanaorred to tae NACC. Provided, finaly, That no new employes shall be hired until all permanent officers and employees have been sppointed, including temporary and eemual employees who pcos the necessary qualieton fequuemetta aanong whieh ‘the appropriate civil service chgibilty, for permanent fppointment to positions in the approved stating pattern, ia ‘ite there are sill potions tobe ile, ualeas rach potions a: pac determining primary coertil or highly technical vin Gustin al soins shalt in scrim cil eric rule tnd roplnones The existing Mopon Resource sod Referral Unit (ARRU) of the SSW shal now asthe tech epi ofthe ouney dr ‘the NACC, ae grieus It DecLaRATION OFA CHILD LEGAL ‘AVAILABLE FoR ADOPTION SEC. 11. Declaration of Availability for Adoption of Involunvary Comumited Chald and Voluntarily Committed (Gil "The CDCLAN in case of am snentoneaiy comatiod tld under Article 141, paragraph aa) and Article 142 of Presidential Deeroo No. 605 shall be arued by the NACC within three (6) months following such savoluntary In cave of voluntary commitment contemplated in ‘Asie 184 of Prondentil Deed No. on the CDCLAA shall Beles by te Bacar Bsc win ee) monte faoing dhe fling of the DVC: ao signed by the parents wih te Nae a on pion fe with he NACE, he erent oe send ity cal Gl eet a Sey ld peo Sey ton feng SUS aan ae a oer Sets SPRUCE GR he Bro a race pe igual pod es toda the chit: Polat Tart the peut hr ersten, aa acta oe Re " In case of foundings, the CDCLAA shall be issued. by the Baccutive Director within three (3) monte fllowing the ‘Stuance ofthe cals founding cerafate or beth corueate SBC, 12. Who Moy Flea Paitin for CDCLAA. ~The Head or Executive Digeetor of iconaed or scoedited cl ‘caring or chld-placing agency or instation managed by the fovernment, LGU, NGO, of provincial ity, or municipal Sica welfare development offcer (SWDO) who as actual untody of the tino say fle a petition before the NACC, ‘through the RACCO, for the isuance af 9 CDCLAA If the ‘hide under the catody af any other individual, dhe ch faring of child placing ageory ot institution shall ovo with ‘he consont of the childs canadian ‘tc. 18, Petvon for CDCLAA, ~ The petition shall be in che form of an afidavit,subecrivod and sworn to before ftny person authorized by law to administer cathe ~ t sallaitain fact noostary to extablish he merits ofthe pettion and shal state the crcumstances surrounding {he abundonmeat, neg voluntary commitment of the child tr dncovery af the fouling Tho petition shall be supported by the following documents (@) Social caue study report made by the RACCO, LOU, eented or acredivd child-caring or ehldplaing agency ot Insutuion charged with tho custody of the child; (Proof that efforts wore made to loeate the parents ‘or any known rlativor of che cid The following aball be onndored nticent (1) Weiten certification from «lea! or national radio fe television station that Uh ease wae aired om Ueo ‘iserent coosons @) Publication in one (1) newspaper of general ‘irelation to be showered by the petitioner: Provided, Tht Publication can be dipensed with in the eabe of stepparent End relative adoption 7 Police report or barangey certification from the locally where the chld was fount or certified copy of eacing ‘report ued by tho Philppine Red Crono natoal headquarters (RG) a social service divison, which staten that despite dae “gence, the cil’ parents could not be found: \()_ Returned repctered mailto tho lst mown addrese of the parents or known relatives, if any or i the eace of {voluntary committed cl, the DVC signed hy the bilgi parent (©) Birth certificate, if available; and (© Recent phtoeeph ofthe eid and photograph ofthe chila‘Gpon abatdonment or admission tthe ageDey of Soesteten ‘SKC. 14, Procedure for the Filing of the Petition for CDCLAA: =the pettion sal be fed in the BACCO whe the child was found, abandoned, voluntary eimmited, or nove. ‘The RACCO shall mmediately examin the petition and Toa where the ch was found, sbondoned, voluntarily femmited or Uiscvered, aad in socal media platform ot ‘ther online platforms of Wie NACC and the concerned LO, If the RACCO finds that th petition is insuicion, the ‘ase shall bo put om hold and the petition shall be returned te the petitioner for compliance withthe additonal information er dochments requested by the RACCO. Within Steen (15) working days after the completion of ite posing. the RACCO shall render a recommendation aod ‘wanamit © copy of such recommendation, together With the ‘ecods, tothe Bxecative Diets. SP 15, Desai of fait fo Adoption — Von ‘Gading merit ia the ptiion dhe Exetve Dect al, {.CDCLAA within seven {7} workang daye from rope of the commendation, unlees further investigation OF additioaal i { | Information of documents ate neded to determine the merits ff the petition A copy of the CDCLAA shall be tanamitted fo the petioner and sll smtrested parties Kova to the Executive Dieter. ‘SEC, 16, Opposition to the Petition for CDCLAA. — In cases of abandoned, neglected children, and founding, if the logical parent, relatives or legal guardian of the child Sppeur and cppost the iamuanas of the CDCLAA, pear ty is fasunce, the case shall be put on hold and the RACCO, Deputy Bier for Serves, a Executive Director, depending on where the caso ie pending for review at the time the petition is oppesd, chal diect the handling option excl ‘Worker wo immediatly investigate and request fore Parenting Ceptiity Assesment Report (PCAID fom the LGU where the ological parents, relatives, cr legal guardian reaie Within Geen (15) working days aor the iosuance ofthe 'POAR, the handling adoption gecal worker ahall render & ‘acominendaion on whether to grant oF deny the opposition of to bilgial parents relatives, cr logal guardian of he hi, Within Seen (25) working days after the receipt of the ‘handing edoption scl workers recommendation, te FACCO, Depa incr Sees or Este Dect sal die fon tho merits of tho petition tC, 17. Appeal ~ The decision of tke NAC shall be ppealabe we Court of Appeals within ten (10) daye fom ‘eceiptof the Order by the interested party, otherwise the Same shall be final end exeeutory to. 18, Crtifiation, — The CDCLAA issued by the [NACE Bxocuiv Dicer tal be fo all stents art purpoes, ‘the bost evidence that the child Je legally availble in 9 ments sdoptin proaseding and ina iter country roveeding as provided i Republic At No, 8042 SEC, 19. Counseling Services, — Te hall be the duty of tho NACG, trough the RACCO, child-caring or clé-plecing faencies, a well ae the ty, nips, or barangnysotal ‘workers, whea appropriate, to provide mecectary and 20 spproprate counseling serviows by adoption social workers to the flowing: (@) Biological Parente - Counseling shall be provided to the Biological parenta bare and alter the bith of the cll No binding commitment to a0 adoption plan ahall be penitted before the birth of the hl In all proeedings for adoption, the NACC hall require proof thatthe logical parenta havo been propery couneled fo prevent then from making huried decisons caused by Steain oe ansety to give up the ld. and to sustain that all tieatures to atsagthen the fazlly have Been exhausted and ‘hat any prolonged stny ofthe child in own home ill be {nimial 9 child welfare and interest A peried of thrvo (3) months hall be allowed for tho biologial parents to reconsider any decision to Teuingush ‘hid for adoption bere the ecisin becomes revocable, Counseling and other appropriate social service interventions sod serves ell lst be ered fo the belgie pareuis after the cld has been salcquiahed for adoption Stope shall bo taken by the NACC to ensure that no Inusiod docons are made and al alternatives for tho shld fSotore and the impleatony of each aleraaive have bee rod () Prospective Adoptive Barons (PAPS) — Counscling ‘szesione, forume, and ceminers on adoption, among ethers ‘hal be provided to resolve posible adoption ioswse and to Dropare them for affective parenting Adoption telling shall be one of the central hemes of the seasion, Torus, ouminare to. equip the PAPE with the ‘Eig to divulge ub adoption to ta sdopee in tanner dat ‘ell strengthen the perent-chld relationship ‘Asa proven helpfil practice, adoption shal be dicoced to the child a erty ss Poole bythe adoptive Parents Prose, That dnote of lotion chal be mandatory before fhe adoptee reacheo the age of thirteen (19) years old An ‘lepton social worker must conduct sdopicnthomed ctv a to much children, which wil incalcate the postive aspects of ‘option ia Geir Young minds. ‘SEC, 20, Biological Porent Search. ~I¢ shall be the duty of the NACG, LOU, or the cil placing or the child-caring hort all era one {Ghimedin and anyother poeablo mouns to beats the boloical fuses of the olé nd seek thelr conent. I such efforts fl {heed shall if aplcaie, be registered as a foundling and Subsequently be the subject of administrative proseings ‘hove aid ld aball be doclared abandoned: Proctded, Tat {Fibs adoptees an adult, the bolopcal parent earch is at the discretion of the adopice. SEC, 21, Whe May Adopt. ~ The flowing may ado: (@) Any Mlipin cise ot tase twenty-five 28) years of ge, who ie in poss of fll cv caput and legal hts EV ot ben eased fsa’ crime involving moral Suir of good ioral character and cam model tho same, i ‘tootonally and pesehlopalyexpable of earing for cide, it leet avten (16) youre older than che adopee, and who {Sina positon to support end care for adopted children in ooping with the mesta ofthe family: Provided, That the ‘equruaoat of ston (16)year diference between the age of {he adopter and the aoptee may be waved won the sorter {3 "th boli parent ef he adopts, 2 ie the spouwe of te opt’ arent ) Te loa guaran wih rept othe ward afar the teralSdcan oft gunship wed earance of Banc Somat, (o) The foster parent with reapect tothe foster childs (@ Philippine greemmentffials and employes Aepoped cr stttned Sbronds Prod, That they are able to bring the ‘hla wath them; and (©) Foreign nationale who are permanent or habitual zesiont of the Phppine fora leat ve @) Yours poeesing {he sume qualifications as above stated for Pino nationale Dor to the fling of the petition: Provided, That they come om a country with aplomate elatona with the Repub of 2 {he Philippines and that the lawe ofthe adopters county wil laknowledge the Cartifate of Adoption as vali, acknowledge, the child asa legal child ofthe adopter, und allow entry of fe ins sth une a an adopts: Prod, utr, roqulrements of readeney may be waived for the (0) A former Filipino ctzo, habitually resting in the Phiippinee,nbo sake adopts tlative within the fourth (0) Sh degre of eonsangunity or any or (2) One wo socks to adopt the legitimate child of the Fiipine spouse or (©) One who it marrid to « Pilipino citizen and seeks to adopt jointly with the spouse a relative witun the fourth (9 degre of consanguinity or ffinty of the Filipino spouse, ‘Spoune sal jointly adopt, exept in the folowing case (If one spouse secks t adopt the logitimats child of the other spouse has igi consent thereto (© IF the epouses are legally separated from each other. ‘SBC. 22. Who May Be Adopted. The flowing may be (s) Any child who as bon iasuod a CDCLAA: (2) The legtimate child fone mouse by the other spouse; (© Aa egtimate cid yn qualified adopter to improve satus of loitimeey: (@ A Filipino of legal ag if prior to the adoption, aid person lias been consistent conadered ani treated by the {doptara au their own cd for period oft least three () 2 (0) A foster ent : (0 A clild whove adoption bas been provigusly rescinded: (@ Achild whone bilgi adoptive parents have died Proaided, That ao prccoings shal be Iniiatod within si) ‘monthe from the time af dea of eaid parent) or (hy A relative of the adopter. 1c 28. Whose Consent is Necessary fo the Adoption. \— aner being properly counseled and informed ofthe eight to ‘Gre of withhold approval af the adoption, the wrtton consent ofthe follwing ta the adoption are herdby required (0) The adoptce, if ten (10) years of age or over; (The biological pasents ofthe child, s known, ofthe legal guardian, or te proper goveramont instrumentality hepsi Men ity fhe cd Sree in th cave of Flinn of legal age it por tothe adoption, sia person ha ‘nea consistently onsered and treated se their own shld by the adopter fr st last three (years; (© The legitimate and adopted children, ten (10) years of age or over of the adopters I any, (@ Ths iegtmate dalon, ten (10) years of age or over, ofthe edoptr if living with said adopter or over whom the ‘Mopter exereiace pasental suthority and the ator epouse, if any: and (@ The epouse, if any, of the porson adopting or to be Provided, That children under te (10) yeare of age call ‘be couesad’ and congaltes, but aball not be required to ‘hecite wnten consent. SEC. 24, Documentary Requiroment, ~The PAPs shal tach the flowing to the Petition fr Adoption and shall fui the sme tthe RACCO: a (|Home study report and cil case study report duly propa purwantt the provinone of this Act wh require anim and standardized format of the report (1) Authenticated or security paper copies of birth record of the PAPe and the child, (0 Authenticated or security paper copes of Marriage Certificate ifthe PAPs are martied or Court Decision or Certificate of Finalty, it annulled, divorced or legally sparttad @ National Buzeau of Investigation (NBI) or Police Clearance foreign national, clearance hom police authorities Svhere be or abe has hived fr more than teelve (12) months Soy time in the pat ites (15) years (@) Written consent to the adoption by the bislegial ‘peronte) or the person() sxercaing subutlute parental Esthonty over the Ghd apd the writen conent of the auld {Fat rate ton (10) yeare ld eignel in the presence of an ‘option social wore of the NACC or chldcaring agency, Graf te did placing ageney fr caso Wheto the cdi fom ‘© foster hom, after proper counssing ae preseibod in thie et {9 Authenticated or security paper cops ofthe Death Corlcate of logical pareats, a applicable, @ Original copy of CDCIAA, a applicable: (2) Repult ofthe recent medical evaluation of the child sand the PAPs Mandatory seta f the peychologil evaluation of the Pave Mandatory seclt ofthe peychologial evaluation of the cular ealdren five (8) yours eld and above; (8 Child care plan with a ist oft least theee (8) temporary suntodinn ofthe Cad sn order of peeve i cae Of dent, sbecnce or sncapanity af the PAPH as (i) Letter attesting to the character and general reputation ofthe PAPE from at leat three (3) aonvelated ‘Rancter references of whom one aust prefersly come fom Sn employer or saporvcor or arith whom the PAPs have ‘sins “The contact details of the peron attesting must be 6 indiated in the eta, (om) Recent close-up and whole-body pictures ofthe child and the PAPs taken within the last ai (@) months, and (@) Documents showing the financial capacity of the Paves ‘The NACC cll formulate and profuce oficial, uniform, and standard forms ofthe froping documentary regurements ‘hat wil be eauiy used and submited by the PAPE for thelr Potton for Domestic Adoption. ‘The documentary quirements previously submited to he NACC for aher dd eure serve may be conaiered and ‘dnited for domestic adainistreive adoption applicable rouded, That te adoption socal worker of ths NACC, LGU, fand shldearing or child placing agencior are not precluded ffom aeking for ndional documents as may be noceary ae oat he ac amped nh pot tet «a awn V PRocuDuR, SC. 25, Cage Study. ~ No Petition for Adoption aba bn prnaed by the NAC or ite RACCOs unlots an adoption focal worker of the NACG, the toil servic fice of the EGU, or ay’ cld-placing ot chldearng agency, ea mde 2 cate atudy of the adept, the Dilogcal Parent ee well st the “adopters, and hae submitted the. report and ‘commendations on the matter to the respective RACCO a Sutong the supporting documents of the petition, and the NACE for the assance of the Certfieate of Adoption. At the time of preparation of the prospective adoptive ‘u's caw study, the concerned adoption soe woker sal Fa ‘oni with the Pippin Statistics Authority (PSA) the rest ‘onaty and rogisred name of the propacare adopce. Ifthe ‘auth af «prospective adpice was not ropteyod wit the PSA. AW shall be the responsibility of the "euid socal worker t fonure that sid prospective edopee is egitered ‘Tae cae study on the’ prospective adoptive child sbalf ‘establish that aid chld ie legally avaiable for adoption and {hat the documents to apport thi fat are valid and suthenae rthor, tho caso study ofthe prospective edoptre shall, sscertain thei genuine intentiobs and thatthe adoption iin the beet interest of the chil Ifthe adoption social worker ‘eters that the adepio shall redourd to the bar intrest tf the ehld a recommendation shall be made to the RACCO fr the NACC forthe ptiion to be granted: otherwise, 4 denial thereof ahall be recommended. Upon discovery of new leformaon thet would warrant denial oft petiton te pete the best interett af the child, the said coda Worker 1 duty bound to report the same to the RACCO or the NACC. ‘The caee studies and other relevant documents and records pertaining tothe adoptee and the adoption shall be Proworved wih confidentiality by the NAC; ‘SEC, 28. Mauching Proce. — There ehall be matching proses for cases of Legally neailabo childron thitey (30) ‘nlondar days afr the erence af tae CDCLAA or the next ‘Setching coference, whuchever i applicable, The matching (he cull to approved PAP shal be cased out during the ‘regular matching conference by the Matching Committee in ‘supervised by the Deputy Director for Servies, may be ‘onfuted on recommendation of the Executive Director, at Sey tine, dapending onthe umber of shdzen dedared lgally fvulable for adoption and the number of approved PAPs Subject to te approval of the NACC, the RPC shall ite (en iteraalruas end procedure, However the records of fhe childzen and the approved PAPs not msichod aftr two {@ presentations inthe regional level shall be forwarded to SBeTNACC for inclusion ia the Interregional matching presentation: Provided. That children ils opel neds all Ee immediately forwarded i ot matched in the rt meeting é ” except undor special ctcumetances. The matching propos ‘mate by the RPC shall be approved by the NACE, through the Bxcoutive Dieter case of stepparent adoption, relative adoption, and adult option, shal aot undergo the mtshing proces! Provided, ‘That the child apd the PAPs have been living in one household for ot Ines than two (2) yeas. SEC. 27, Personal Appearance of Prospective Adoptive Porents, To farther ancertain Stnees, qualifications, goed inontuons and sincnty of PADs, the hdling RACCO shall require PAPs to personaly appear before itat least wise ‘luring the application period and on epeciic dates to be ‘termined by the same SEC. 28 Iomuaner of Pre-Adoption Placement Authority (PAPA) ~ Once childs matched to an appeined PADS ang ‘Was enbsequenty accepted, the NACC though the RACCO shal authorize the preadoption placement ofthe eld the APs recommended by the appropriate social werker that there i a wood for supervised tral cntdy prot tothe ing fof Petition for Adoption, snd in cace when tere ino decison fn the Petition for Adoption within Sty (60) calendar Saye cs ih resp ft Deputy Det fr Seren of he Preis rommimendaton of the RACCO on the peti, throug ho fault or nogligence on the part ofthe PAPe, Th cares of adult of relative adoption, the PAPs shall automatically be anuod « PAPA witout’ undergoing the ratehing proces. ‘SBC, 29, Superaised Trial Custody (STC). ~ Upon the ‘ecommentistion af the adoption socal worker ofthe eed for STC, and after the matching procest and iseuaneo of the PAPA the NAGC through the RACCO stall give the adopters an STC over the edoptes for a period of not more than sx (© onthe within which the partion are expected to adjust ps ‘nd emotionally to cach oir and esta Eonding relationship. The STC shall be supervised and ‘monitored mostly by the adoption wae worker who pepaced Uhe' cd cee study and home stady repore and who shall submit feport regarding the placement 2 ‘The PAPe shall arume all the sseponsbitioe, rights, and dutiee to which the bislogieal parents are entitled from {he date the edoptee i placed with the prospective adopter, ‘The STC may te waived in all ass of stepchild, relate, infat,ov adult soptions, as asetsed and resommended by the adoption socal worker Further, for regular caste, the STC may be reduced or vaived depending on the assessment and recommendation of The adoption socal worker, and tho express consent of the PAPs For independently placed cases, the adoption social worker shal prepare one pore placement repo: recommending the ‘talied adore pases to continue thelr paul obligations ‘Ewards the eid or adoptes, ‘880, 30, Pelton for Administrative Adoption. — The thriving parent-shld velaonship during the aid. STC, if ecommnded, ab esietantiated by the monthly monitoring porto the apton sas worker, chal ive ive tothe fling oP Pelion for Adopton. tna yh tin fin le ge ana Ha ten re Salat sve Reece ime ese a ik Rapist pon Tagmpontent lo Sec SEES RT Gen eee Sree igeciteaty cabana aa Sirti sae Sa ling Solar ibe be ieryaecartondaces ae oo onsen! aac wt pn ot na i MESA ty ae cane Hea haestien pect anee Mpa ie alle nt sont joo an os Sy ‘The petition sal be ip he form of an fiat and shal te wud and ower to by th petsonere bare any person adhered ty low to administer afirmetione and oaths. » No subsequent petition iavlving the same PAP shall ‘bo entertained unless the pri petition has attained finality. SEC. 51. Where to File the Petition. ~ The petition togetber with complete and original supporting documents call 1p led by the petiuonare with tho RACOO of the oy or ‘uniipalty where the PAPs reside, Upon receipt hy the RACCO ef the petition and ite supporting documents, «copy af the ptiion shall be pbliched nce a wee for throe (5) rucesive weeks in 8 newspaper of fener crealation. See. 92. Adminitrative Adgtion Procen — tp al mein fr apn te NAOC tal ede oo he ba {Faith amends psn ab wel So ieee fuineed during the prsna wrens cond bye FCG wits onal work PAP, an ‘handling adoption __ the adopie, There shall be on adversarial proceedings and all ‘caste adoption caste tall be decided within sixty (0) falendar daye from the receipt of the Deputy Director for ‘Stroios of tae resommendason of tas RACUO om the petition ‘The NAC, in the exercise of ie quasi-judicial powor, shal observe and comply with the folowing edmuistative "lomestic adoption process: (a) Within fifson (18) working dave from the Bling of the Petition for Adoption by the PAPs, the RACCO hal fllermine whether the PAPs have complied with the ‘sistantive and procedural requirements for domestic adoption ty estenstvely reviewing and examining the penton aa Eipporting documents, as well ae conducting personal Imerviwe with tha handing adoption social worker be PAP, fs the adopten: Provided, That should the RACCO require the PADe to nsbmit additonal information or documents the ‘sd Gfteon(5}.day period hall be suspended: ) Should the RACCO find that the PAPs cufcently Einrerd the same tothe Deputy Director for Servees within 20 the anid fiteen (18}day period, excluding the periods of ‘apenas {The Deputy Director for Servze, who may consult the CPC consultants, as may bo noceasary, shall review the ecommendaton ofthe KACCO within ffeen (15) working Alaye trom receipe thereof and either: (2) zeturait to the RACCO for further examination with 1 wrtionexplenation of ite ineuliceney, oF (2) forward the Petition for Adoption to the Bxceutve Dinector for nal approval: (a) Incas tho pesto ie retuned by the Deputy Divot {for Servises to the RACCO, the latter shall address the fnceens raised by the Depuiy Dette for Serviws within fifteen (8) working days fom receipt thereof, (© Whin the petition i warded by the Bopaty Dice {or Sarees tothe Bsccutive Director, the Inter shall et and ‘doade onthe reommendation wasn tecn (15) working dye ftom recnptthoreot However, s within the fileen (15)-day period, the Execusve Director nda that there ie a need to Feturn che pein to the RACCO for submion of addiional Information and. documents or conduc of farther investigation, 15 may be neesary, th action of the ACO on the Deliton and nally deciding on whether to grat or deny the Betton ‘by the Executive Direcor should be selded wits cen (5) working daye from the day the Exective Direor ‘eturns the same to Ue RACCO,earept when the infomation fad decumeate needed are of exch nature that cannot bs easly tained by tho PAPE (In cases when there is no decision on the petition within set (0 lena days rom the receipt of the Dept Dizetae fr Serie of the recommendation of the RACCO the peion, trough no fault or negligence on the pare of the PAs, the latter may apply for'e PAPA. iF none hae been Issued yet, withthe Bnocative Dusctae, through the RACCO, qo the trmporary plasoment of the child (@ If the Exccutive Director returns the petition or ecuments fo farther investigation tothe RACCD, during the eri thatthe child is under the carody ofthe PAPe, the ‘hd wil remain with the PAPs, taking into consideration the lilt bet intereat: Provided, Tt if he Bxseative Director ‘issues denial onthe postion, he child wil be immediatly emoved by the RACOO fom ite temposary glasement wih the PAP ‘SRC. 83, Objection 0 the Paitin. «Any person who has porsenal Liowledge of any infarnation, whic by ordinary Aigence could aot be discovered, an which wen introduced ‘nd adaitted, would result inthe denial ofthe petition and protect the dul from possible harm or abuse day. al ey tEme during the STC of befor the issuance of the Order of Aioption,interpoe an objection to the petition and fe 8 ‘complaint supported by evidence to that elect, with the [NACC, through the RACCO where the petition was fed. The complaint will be subjected to verification ond further SEC. 34 Ofer of Adoption. Ifthe STC, af may be plicable, t steaactory ta the partes and the NACC is fenvineed iat, fom the tal custaly. report, tt petiion ad {ee supporting. documents snclasing che STC report th ‘pplcale, that th adoption shall redo to the beat intrest ‘of tho child ot proapecave adoptee, the NACC through the Erocutive Dirctot hal ote an Order of Adoption wich fregistcehe vil registry document eating the same ty ‘which the chld shall be known and abel kewse direct the Blowing vo peeform the actions ae rated (@), The adopter to cubmit certified true copy of the Onder of Adoption tothe Civil Hogstear where the child was orginally regutered within thin (G0) calendar days fom eeipt af the Onder of Adoption: and (0) The Civil Ragatrar ofthe plase where the adoptee 0) Te ezal the orginal bith record in the civil rietry repre whichcan be opened only upon ener ofthe NACE, 2) ne A go gan wi se ape NS et ems noses = 32 ‘An Order of Adoption obtained under this Act shall have the camo effet asa Decoe of Adoption jsued pursuant to the Domestic Adoption Act of 1998. A. motion for ‘consideration may bo filed before the NACG, through the Execuuve Dircor, within fiteen (15) calendar daye from an Order denying the adoption. ‘SEC. 95, Judicial Recourse, ~ Onders of Adoption may 'be appesled before the Court of Appeals within tea (10) days ‘rom recipt of the Order by the interested party, or from the denial ofthe motion for reonsideration; other, the same Shall be final and exceutor. Huo 43 of th 1997 Hues of Ce Procedure, ae amended. shal have suppletory applirstion. SEC, 96. Benefits of Adaptive Parente. — The doptive pent shall jy ll he bene ened to ‘eecola, Including benefits that can be availed Uurough the Social Sccanty etem (SSS), Government Service Tastrance Sta (GSIS), Department of Labor and Employment. (DOLE), ‘Bare! of Internal Revenue (BIR) Phippine Health Insurance Corporation (Paiealts), Health Maistonance Organization (GMO) provider, among Gers, cr ough other euang les ‘fom tht date the Order of Adoption we iseued to the adoptive parent Adopsive parents may avall of paid materaity and eternity loaves ae provided for under existing laws for Blolopieal parents: Proidad, That the leave benelita ta this ‘paragraph shall nly te-avuiled of by the adopive parents ‘ihn coe () year fon te meuanoe of the One of Aopbon: ‘Provided. further, That the leave bonetite in ths paragraph ‘hall not apply cases of ede adoptions, and in all ease Whore the edopive cud has been in the care and custxy of the adoptive parent for atleast three (3) years before the {Staanor of te Ordo af Adoption by the NACC. SEC. 37. Coil Reictry Record. ~ An amended cetiiate of bsth shal be isued bythe cl regis, pursuant to the ‘Order of Adoption, attesting to the fat that the adopteo i= the eld of Ube adopter by being ith the adopts ‘rpame. The original tit record shall be eampod canceled ‘vith the annotation of the iessance of an amended bith ‘hint Inte place and shal bo selad Sn the cd septey ‘eoords, The new rth cerBeate tobe ined tothe doptee ‘Shall not bear any notation that it 2 an amended iste. a ‘8, 38. Database - The NACC shall keep a database showing the date of tvaanee of the Order in each cage, fompliance by the Lac Ciel Hegistear with the precoding ‘ection and all nedents arsine fer the iruance ofthe Orde of Adoption. This database shall be governed by the provision fn the ureeding secon, a Wel na the provisions of Rep: ‘Re Ne Toi, herve Anan he "Dn Privacy Ac of r Ste. $9. Confidential, ~ Al potions, dovementa records, and paper relating to admiiatative slopion Peceeding n he fle of thet or umnipal SWDOe, the EACGOn the NACCY the DSWD, or eny ther agency or inntton parucpating in veh procediage salle Kept ‘italy conta I the dna of eta infaretion o {Tard pron a neon for ear ramon o prone onpecrd itor arinng out ofthe sdminatre adept Sud wl be force bow tort of te opt, te Bases Baer ofthe NAC may. ey appropriate regu, ot “oxy ration eel, eercing te unpre shay fed an coer wt he eng ws a any event the dione of ey imation shal cay te alwed upon the order ofthe Exacta Dror, Fao ot ‘ern etn tape Ceo mer ‘dope, ho her eel guardian Se hw apts aronot ‘pom oder of any nfo, SPSS abovementioned shal be punishable pursuant to the penal Ergon ofthe Ack, Repub Act Ne, 209 rather evant [No copy thereof a well at any information relating Iereto shall be released without written authonty oan tne NACE or the wrtton request of any of the following () The adopted child, with appropriate guidance and aly authorised representative, spouse, parent, lvoe descendant, “guaran, of legal natitationTegelly 1 charge of the adopted person, if minor, ” (The court or proper publi ofial whenever necomary in an administeatie, jute, or other offical proceeding 10 determine the identiy of the parent or parents or of the ‘creumstances surrounding the bth of the edopted child oF (© The nearest kn, in caso of death ofthe adopted child ‘The NACC sball ensure tht information held by them ‘concerning the origin of the adopted cl i particular the ‘dent of the biological parent, is preserved SC, 40. Awatance to Indigent PAPs, ~ Socialized feos may be charged to hoe who eval of the administrative adoption proceedings under thie Act. ‘Tae Public Attorneys Office (PAO) shall provide fre lag sasistance inalading ntarzaion of document related there ‘shencver warranted for qualified PAPe aureus V EerEcts oF ADOPTION ‘880.41. Legitimacy. - The adoptae shall be considered ‘he legitimate cd of the sdopter for al Stents and purposes find ar such in ened to all the rights and abl rovided by la to legitimate dldren bora to them without ‘izsmination of ay hin. To this end, tho adapoo le ented to love, guidance, and eopport in keeping withthe means of the family. The lgtmato fiaton that i created between the ‘Mlopter spd ndopss shall be extended tothe adopter’ pares ‘Adopters legitimate mblings and legitimate descendants The adopter is alo given the right to choose the name ‘by which the child's to be Kowa, consistent withthe Beet erost of the child SC, 42. Porental Authority, — Upon issuance of the Order of Adoption, adoption sll case as alternative care and bcomes parental care Adoptive parents hall now have ful parental sthonty over the cid, xcept sn cane where the ological parent isthe spouse of the adopter all legal co tween te preted th adopee bal be sovered find the same shall then be vested on the adopters. Pa Incase sponte jointly adopt or one spouse adopts the legitimate child of th eter, jut parental authority tall be cetereied by the spouses 820. 43, Succaton. ~ In tata and iniatae scan, tags san ei ha hve pol Se Site wha dota fom ieptmat oa Hower open str pea pets ave eh a il ke lwo tnenary nasa all om sancts VI POST ADOPTION SERVICES SBC. 44. Preliminaries to Adoption Telling. - The sueption socal worker banding the adopted cid Sass shall {uit the adoptive parts in cacag to the cl the rary Shoat the adoption et an age deomed proper by peyehoeotl andar: Prouded” That the srtal deeeucesegurting the ‘option shall be the duty of the adoptive parce SBC. 45. Scorch or Tracing of Bialogza! Family. ~ Upon racing the age of majority, the asrstnce of the NACC. TTGU, ofthe concerned chil‘caring or chd-placing agency say beer ae the apt Spe ily and rently havea ftw snotup. The ght of te adopter {o Hentity aha take preedonce over any eer conaldartine Provided, That the aiopte, adopeive parents and bloga ‘rent rorved adequate Preparation frm an adoption seca ‘worker regarding the sid meetup SEC, 46. Aftercare Monitoring and Submission of ago. ~ Upon finasation ofthe adoption and the receipt of the amended trth cesfeate ‘of the hil the NAC shall ‘monitor the parent-child relationship to ensure that the opine Fednuned oon iar A ng Summary Heport hall be prepared by the handling adoption socal worker und submited ta the NACC afer Completing tho aftercare monitoring to the adopters and ‘deptees afer the ons (I)-year period: Depending on tho age {ind cireumstances of the child. the NACC may require ‘Additonal vita ce reporting aftr the one (year pono % SEC. 41. Grounde for Rescssion of Adminitrative Adoption. Te ndoption may be reoinded only pen the Detiton ofthe adopt withthe NACC, with the aasaance {tthe SWDO if tho adopte is a minor, of if the adoptees tihteon (18) seareof spor over but ho sx incapacitated or by hia of her guardian on any of the following grounds commuted by the adopters) (4) Repeated physical or verbal maltrostment by the adopter despite having undergone counseling: (©) Attompt on the ie of the adopts: (© Sexual abuso oF violence; or (@ Abendonment and failure to comply with parental sbtigations Adoption, being in the best intrest ofthe hil shall ri be subject to feeission by the adopter. Howevsr, the ‘Mopter may sininbert the adopter for satses provided ‘Arte 919 of the Civ] Coe ofthe Philippines. SEC. 48, Venue, ~ The petition shall be Bled with the [RACOD where ‘the adopte reien SEC. 49, Time Within Which to Pile Petition for Rescistion. ~ Upon existence of aay ground or grounds ‘entoned in Secon dT af Us Act the dope or the adoption fecil worker mut Ble the peijuon for reedason of edeption iefore the NACE: SEC. 80, Onder to Anscer ~ The NACC shall ie an order requiring tho averwe party to answer the petition for eaten within fiftoen (15) days fom rece of «copy theec. ‘The order and copy of the petition shall be served on the ‘vere party ia buch manner as the NACC may direct ‘option, withor without cnt na jtce requires, The NACE Sl ” (0) Oper that the parental authority ofthe tno parent of the adptee be retred, upon penn ofthe tages Daseataand ifn tho het intent of the chil i the adoptee [Sl a minor o ieapacted end dove thatthe recipes rights and cligations uf dhe adopter and the adoptee to each ‘ther shall bo extinguiohed. Ifthe Mologieal parent of the ‘toptce has not led « petition for restoration of parental Authority, or is sot Known, or if reetoring the parental Sluthorty over the adoptne isnot to the laters beat interest, {he NAGC sal take Iga custo over the adpice if el a ) Dociare that successional rights shall revert to ite ‘status prior to, adoption, an of the date of decision, Vested ‘Fights acquired pror te administrative feacision shall be epoca (© Onder the adoptoe to uso tho name stated in the ciginal bit of founding corsfent; and (@) Order the Civil Registrar where the adoption ender seas rgitred t cand the new bi creat of the adoptee find Feinstate the orginal both ce foundlingcerieats SEC. 52. Serice of Decision. A certified true copy of the cision shall be served by the pttoner upon the Col Registrar concerned within thirty (0) days The Goal Regitar sll forthwith entor the vecision order sm the rogster and fubaie proof of compliance to the NACC within try (0) age em rept f the order, A he foegsng ffs of resiasion of adoption shall be without projudie to the penaleipoable unde the Revie Penal Code ani epecial lave ifthe crminal act se propery Proven, ‘Sue. 58, Bffects of Rescision. ~ If the petition for ‘sion of aopton i granted, he legal cust of the NACE Sate ste fe das tla Ga Bie ep Fight and obligations ters and the edopte to cach ‘ther shal be extinguished. In cases when tho petition for rescision of adoption is ‘ranted and te bolo parents ean prove tht they sre i 2 poston vo eupport and care fr the child and it ein the fhil's best intrest. tho bilogcal patents may petition the SAGE forte revatio oft pron story ve the ‘The NACC shall order the Civil Registrar General to cancel the amended birth corticate and estore the orginal ‘birth oorticate of the adept, Succession rights shall revert to ite status prior to dopo, but only oe ofthe date ofthe sppeoval ofthe petition for'rescstion of edopton. Vested rights acquired prior t rescison ebal be respected AUT the foregoing effect of ressasons of adoption shall 2 without prejusies to the penites imposed under the Revised Penal Code ifthe ciminal acts are propery prove, annicur Vit ‘VIOLATIONS AND PENALTIES SEC. BA. Violations and Penatiee. (The penalty of imprisonment ranging from six () yearn end.one (1) day to twelee (12) gears of fie of not lees than Pity thousand pen (P50.00000, but not mere than Two hundred thousand pesos (P200,00000), oF both, athe Asertion of the court salle impoeed on any person ho ‘hall comat any of the flloying act: 0. Sie rt en iin Sd ein eheicesaren asta teee ome @), Noncomplince with the procedures and safeguards provided by the law for tdoption: or © Subjecting or exposing the child to be adopted to danger, abuce, oF explitaton. (©) Any poron wh shal cause the fetitious registration of the birth of child under the name of @ person Wha Ie ‘ot the child's Ustgseal parent abal be pu of somclaion (fbi aad ball be imposed the penalty of imprizonment » fom eight (8) ears and one (1) day to ten (1) years and sine not exceeding Pity thousand pesos (P80 00.00. (© Any physician, midi, nurse, o hospital personnel who, in violation of their ott of profssion,aball cooperate {nthe exeeation of the abovementioned erm shall slr the ‘Penalties herein prescribed ta well athe penalty cf permanent tion fom the pace of profasion flowing relevant prsteriptions ofthe law and governing authoraes (@) Any person who shall woate established regulations relating to the confidentility end intogity of records Alocament, and commniationt of adoption petitions, cae, fn processes shal euler the penalty of imprionmeat ranging ‘rom one () year and one (1) day toto (2) years ‘of pot les than Fie Chousand pesos (P5000 G0) bat not more ham Ten thousand pesn (0,000.0), or both at the cretion of the cour A ponalty lowe by two (2) degre than that presiibed for the’ concurpmated offense under tha Arle shall be fimponed pon the principals of the atampt i commit aay of {he acs ren enumerate punishable der tie Arle, ‘when commited ty a eyndiata and where it ivelves a dad ‘hall te considered ar tm offence conattatng cd tacking fad shal mert the penalty of imprnoement fom twenty 0, rnd one (I) day t0 forty (0) yea ‘Acta punishable under tia Arle are deemed commited ty «pda cared a ou of hee (9) of ore persons conspiring or con An offender who iss foreign national shall be deported immodinaly after service of seatence and perpetually denied fntry to the county Any government oficial. employee, or functionary who shall be und gully of violating any ofthe provisions a hin ‘Ac, or who shall conspire with private ndlvvtuts shall ia ‘ticon to the aboveprecribed penalties, be ponelied ta Accordance with existing civ] service Inwe, rules and ‘egulatione: Provided, That upon the Sing of case either 0” administrative or criminal, ead government ofa, employee tr functonery concerned shall automatically be suspend “nti the Feslution of the case. Under this Act, adoption dterimination act, including labelling, shaming. bullying, egstve stigma, among ethers ste prohibited. Any porson who shall comat aid adoption discrimination acte shal be penalized with fine of ot lees than Tem thousand pesos (10,000.00) bt not more then ‘Twenty thousand pesos (P20,000.00, atthe discretion of the ‘sgricu VIE FINAL PROVISIONS St, 55. Iyformation Dissemination, ~ The NACC, in cordate with the DILG, Department of duenton (Dep) Department of Justice (DOM), Department of Health (DOH), Couicit for the Welfare of Chuldred (CWC), Philippine Information Agency (PLA, Coil Service Comsnarion (C8, COSIS, Assocation of Child Caring Agensies ofthe Philipines (ACCAP), Leagues of Cities and Manicipalities of the Phippines, NGOs focused on childcare, and th medi, abel

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