laws on adoption

TOPIC OUTLINE

• Adoption, in general

⚬ its purpose

⚬ how adoption laws be construed?

⚬ Is a simulation of birth a valid adoption?

• Existing laws on A doption

⚬ Rule on A doption (AM-02-6-02-SC)

⚬ RA 11642 (D omestic Adoption)

 ADOPTION

· - is the process of making a child, whether related or not to the adopter, possess in
general, the rights accorded to a legitimate child (In the matter of the Adoption of
Stephanie Nathy Astorga).
- Under Section 3(b) of RA 11642, it is a socio-legal process of providing a permanent
family to a child whose parents had voluntarily or involuntarily given up their parental
rights, permanently transferring all rights and responsibilities, along with filiation, making
the child a legitimate child of the adoptive parents.
ADOPTION, in general

Before RA 11642 enactment, Adoption is a juridical act, a proceeding in rem,

which creates between two persons a relationship similar to that which results
from legitimate paternity and filiation. It is an act that endows the child with
legitimate status.
ADOPTION, in general:
What is the purpose of Adoption?

In Daoang vs. Municipal Judge of San Nicolas, Ilocos Norte (1988), it was
held that the purpose of adoption although benefits the adopter or to afford
persons who are childless through a legal fiction, the modern tendency geared
toward the promotion of the welfare of the child and enhancement of his
opportunities for a useful and happy life.
ADOPTION, in general:
How adoption laws are construed?

In Republic vs. Vergara (1997), it was held that adoption laws should be
construed liberally in a manner that will sustain rather than defeat its purpose.
Adoption laws must also be applied with compassion, understanding, and less
severity since it is intended to provide homes, love, care, and education for less
fortunate children. In this way, the noble and compassionate objectives of the law
may be fulfilled.
ADOPTION, in general:
Is a simulation of a child’s birth a valid adoption?
The Supreme Court ruled in the negative. In the case of Badua vs. CA (1994),
the Supreme Court ruled that the mere registration of a child in his birth certificate
as the child of the supposed parents is not a valid adoption, it does not confer upon
the child the status of an adopted child and the legal rights of such child . This kind
of practice further amounts to simulation or falsification of birth certificate - a
public document.
what are the existing adoption laws in the Philippines?

• R ep u b l i c Act n o . 11 6 4 2 o r t h e Do m es t i c Ad m i n i s t rat i v e Ad o p t i o n a n d

Al t e rn a t i v e Ch i l d Ca re Act .

• R A n o . 8 0 4 3 o r t h e I n t e r-Co u n t ry Ad o p t i o n Ac t o f 1 9 9 5

• R A n o . 11 2 2 2 o r Si m u l a t e d B i rt h Re ct i f i c at i o n Act o f 2 0 1 9

• R A n o . 1 0 1 6 5 o r t h e Fo s t er C are Act o f 2 0 1 2
AM no. 02-6-02-SC – Rule on Adoption

O n April 19, 20 22 – t he Supreme Court En Banc is s ued a Res ol uti on, it res o lved that

St art ing Ja nuary 28, 2022 , c ourt s may n o lo nger receiv e or acce pt p etit ions fo r d omes ti c

adop tio n an d t hat the j uri s dict ion ov er t he s ame be ing no w lo dged wit h N atio nal Au tho rit y for

Chil d Ca re (NAC C).

U nder RA 11642 , a dop tion proceed ings are now adminis trati ve. Un der Sect ion 56 the reof,

pet itio ns for domes tic adop tio n p endi ng i n co urt may b e wi thdrawn, an d th e parti es to the

s ame sh all be g iv en th e op tio n to avai l o f t he benefits of the act.

When RA 11642 become law?

RA 11642 was si gned i nt o law o n Jan uary 06 , 20 22. It t ook effect o n

Jan uary 28, 2022.

Its i mpl ementi ng rules and regu lati ons (IR R) were pu bl ished o n Jul y 26 ,

20 22, and took effect on Augu st 1 0, 2 022 (15 d ays aft er p ubl icat io n).
What is the effect of RA 11642 in petitions for judicial adoption filed before its
effectivity or those petitions pending before the Family courts? Is it automatically
withdrawn?

No . Un der Section 5 6 th ereo f (Tran sito ry p ro v isio n ), all judicial p etitions

fo r d o mestic a doption p en d in g in co u rt u p o n its e ffectiv ity may be w ithd raw n,

an d p arties to the same sh all b e g iv en th e o p tio n to av ail the bene fits o f the

Act.
Is the Rule of Adoption already ineffective?

No . Und e r Ap r i l 1 9, 2 022, En Ba nc r es oluti on, the Rule on Adopt ion which cover s

t h e do m e st i c a d op t i o n of Fi lipino childr en is r ender ed ineff ective, exce pt i ns of ar as

p e t i t i on s f o r a do p t i o n wh i ch have not been wit hdr awn f r om the cour ts purs ua nt t o Sec.

5 6 o f R.A. N o. 11 64 2 a r e concerned. I n s uch cas es , the e xi sting Rule on Adoption

sh a l l b e a p pl i e d .

B ut a l l p e nd i n g i nt e r-c ount r y adopti on f iled in cour t has been or der ed to be

d i sm i s se d .
what is the effect if the petitioner did not withdraw the petition pending and
availed of the administrative adoption process?

Th e SC via not i ce of Re so l u ti o n d at ed Ap r il 1 9 , 2 0 2 2 , warn ed th at

p et it io ner /s an d counsel sh al l b e s ub ject to ap pr o p ri ate s an ct io n s u n d er th e

R u les o f Cou rt.

What is the purpose of making the adoption process administrative?

Un der Sec ti on 2 of t h e Act , th e St ate r eco g n i zed th at th e ad mi n is trat iv e

ad o p tion proces ses f or th e c ases o f leg al ly av a il ab le ch i ld r en , rel ati v e,

st ep ch i ld, and a dult adop te es are t h e mo s t ex p ed it io u s p ro ceed i n g s t h at wil l

red o u n d in t hei r best int eres t as t h e p aram o u n t co n si d erat io n i n th e

en ac tmen t of al ter nati ve ch i ld c are, cu st o d y, an d a d o p ti o n p o l ici es.

What agency handles adoption cases?

Und er R A 11 642 , i s n ow l o dge d i n Nat i on al Au th ori ty for C h il d C are

(NAC C ). Un de r S ect i o n 3 (m m ) t he reo f, NAC C refers to t he on e-st o p q uasi -

j ud ic i al a gen cy on do m es ti c an d a l t ern at i ve ch il d ca re , at ta ch ed to t he

DSW D, and a ct s as t he C e nt ra l Aut ho ri t y fo r al l al t erna ti v e c hi l d c are

p rog ra m s in cl ud i ng do me st i c and i n te rco u ntry ad opt i on .

What are the kinds of Domestic Adoption?

• Adopti on of a Child w ith CD CL AA or a legally available child

• S tep-P arent A doption

• Rel at ive Adopti on

• Adult adopt ion

• Adopti on of a chil d w it h a si mulated birt h cer tif icate

• Adopti on of a chil d under fos ter care

who may adopt in general?

Under Section 30 thereof, the following may adopt:

• Any Filipino citizen
• Legal Guardian with respect to the ward
• A foster parent 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
• Foreign nationals (if qualified)
What are the general qualification of an adopter (domestic)?

Un der Sec tio n 30 th ereof, A ny Fil ipi no c itize n mus t:

• at leas t tw enty -five (25 ) y ears o f age;

• w ho i s in pos s es s io n o f full civ il capaci ty a nd l egal ri ght s;

• h as not b een co nvic ted o f a ny c rime i nvol vin g moral t urp itu de;

• i s of go od moral ch ara cter and can mod el t he s ame;

• i s at l eas t si xteen (16) years ol der th an th e ado ptee; ( may be waived w hen t he adopt er is th e

b iological pa rent of th e ado pte e or is t he sp ous e o f the adopt ee's p aren t) and

• i s in a po si ti on t o s up port an d care for ado pte d chi ldren i n ke epin g wi th the mean s of th e

fami ly.
What are the general qualification of an adopter (domestic)?

U nder Sectio n 3 0 t hereo f, Fo reig n n atio nals mus t:

• pos s es s in g th e s ame qu alificat ion s for Fili pino nat ion als p rio r t o t he fili ng o f t he peti tion s ;

• are permane nt o r habi tual res i dent s of the Phi li ppin es fo r at lea s t five (5) ye ars (ma y be wai ved

if s atis fy c ertai n co ndi tion s );

• come from a co unt ry wit h di plo mat ic relat ions wit h th e Rep ubli c o f th e Phil ipp ines ;

• the laws of the adop ter's cou ntry w ill ackn owl edge the O rde r o f Ad opt ion as val id;

• the adop ter's cou ntry will ackn owl edge the chil d as a lega l ch ild of the ado pters ; and

• the adop ter's cou ntry will all ow en try o f t he ch ild in s uch coun try as an ado ptee.
What is the effect if the petitioner for adoption is married?

• The law mand ate s joint a doption of th e husba nd a nd wife, e xc ept i n t he fol l owi ng

c ase s:

• if one spo use se ek s to a dopt the l egitima te ch ild of one sp ouse b y t he ot he r

spouse ; o r

• if one spo use se ek s to a dopt his own ille gitimate child : Prov i de d, howeve r, Th at

the othe r spo use ha s sig nifie d his co nsen t the re to; or

• if the spou ses a re le ga lly sepa ra te d fro m ea c h other.

2. Join t pa re nta l a utho rity sha ll be ex ercise d by the sp ouse s.

Who may be adopted, in
general?
Section 2 of RA 11642 states that “No child
shall be a subject of administrative adoption
unless the status of the child has been declared
legally available for adoption except in cases of
relative, adult adoption, or step-parent adoption
where such declaration is not required. xxx”
 Who may be adopted, in general?
Under Section 31 of RA 11642, the following may be adopted:
• Any child who has been issued a CDCLAA;
• The marital child of one spouse by the other spouse;
• A non-marital child by a qualified adopter to improve status to 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 prior to reaching the age of majority for a period of at least
three (3) years prior to the filing of the petition;
• A foster child who has been declared as legally available for adoption;
• A child whose adoption has been previously rescinded;
• A child whose biological or adoptive parents have died. Provided, That, no proceedings shall be filed

within six (6) months from the time of death of said parent/s; or
• A relative of the adopter under the relevant conditions stated in this section.
What is CDCLAA?
Certificate Declaring a Child Legally
Available for Adoption (CDCLAA) refers to
the final written administrative order issued
by the NACC declaring a child as legally
available for adoption [Section 3, (n)].
What is the effect of the issuance of
CDCLAA?
• The rights of the biological parents, guardian, or
other custodians to exercise parental authority over
the child shall cease upon issuance of the CDCLAA
[Section 3, (n), RA 11642].
• It will serve as the best evidence that the child is
legally available in a domestic adoption and in an
intercountry adoption proceeding (Section 28, RA
11642).
When CDCLAA is issued?
• This certificate is issued in cases of involuntarily committed child,
abandoned, foundling, or voluntarily committed child (Section 11). Except in
cases of relative, adult adoption, or step-parent adoption where such
declaration is not required (Section 2, RA 11642).
• And upon showing that all efforts using media and any other possible means
to locate the biological parents of the child and seek their consent. (section
12, RA 11642)
What is the duty of the government and child caring agency who has
custody of the child?
It shall be the duty of the NACC, LGU, child-placing or child-caring agency, which
has custody of a child to exert all efforts using media and any other possible means to
locate the biological parents of the child and seek their consent.
If such efforts fail, the child shall, if applicable, be registered as a foundling or a
child with no known parents and within three (3) months from the time he/she is found,
be the subject of proceedings for a declaration as legally available for adoption.
Provided, That if the adoptee is an adult, the biological parent search is at the discretion
of the adoptee. (sec.12)
Whose consent are necessary, in general?
• Adoptee if ten years of age or over unless unable to fully take care or protect himself
or herself from abuse, neglect, cruelty, exploitation, or discrimination because of
physical or psychosocial disability or condition;
• The marital and adopted children, ten (10) years of age or over, of the adopter, if any,
• The non-marital children, ten (10) years of age or over, if living with the said adopter
or over whom the adopter exercise parental authority
• The spouse, if any, of the adoptee;
• The biological parents of a marital child to be adopted. For a non-marital child, only
the consent of the mother is required.
What are the roles of the agencies involved?
Under Section 56 of RA 11642, DSWD and ICAB will compose the transition team which shall
act as the NCAA.

The DSWD Program Management Board (DSWD-PMB) shall retain its functions relating to
foster care, issuance of CDCLAA, and adoptions under Republic Act No. 11222 (Simulated Birth
Rectification Act of 2019).

The functions of the RACCO shall, during the transition period, be performed by the DSWD
field offices (FOs), specifically the Adoption Resource and Referral Units (ARRU) therein.

Upon the establishment of the NACC, all applications, submissions, and petitions involving
child care, including the pre-adoption and post-adoption services, pending before the PMB and the
ICAB shall immediately be forwarded to it.
 salient features of ra 11642
• Adoption proceedings become an administrative process, non-adversarial, and shall be decided within 60 calendar days from

receipt of the Deputy Director of RACCO's recommendation (Sec. 32).

• Under old adoption law, the adopter has no specific minimum age requirement, now PAP must be at least 25 y.o.(Sec. 21);
• The minimum residency requirement for foreign nationals has been increased to five years from the old law requiring three

years;
• The new law improves the status of adoptees by creating a legitimate affiliation between the adopter and adoptee which shall

be extended to the adopter's parents, legitimate siblings, and legitimate descendants (Sec. 41)
• Under the old law, the adoptee has a limited right of succession and may not inherit from collateral relatives of the adopter,

this limitation has been removed as expressly stated by the phrase "without distinction from legitimate affiliation" (Sec. 43).
• The recognition of the process of adoption telling (Sec. 44) and any adoption discrimination acts is punishable by a fine

(10,000 to 20,000) at the discretion of the court.

• The adoption may be rescinded only by the adoptee upon the grounds provided for by law.
• it has a penal provision (Sec. 54)
Thank you!