IRR of RA 11642

June 28, 2022
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11642,

THE DOMESTIC ADMINISTRATIVE ADOPTION AND ALTERNATIVE CHILD
CARE ACT
Pursuant to Section 59 of Republic Act No. 11642, also known as the

Domestic Administrative Adoption and Alternative Child Care Act, the
following Implementing Rules and Regulations are hereby promulgated:
ARTICLE I
General Provisions
SECTION 1. Title. — These Rules and Regulations shall be known
and cited as the Implementing Rules and Regulations (IRR) of Republic Act
No. 11642 (R.A. No. 11642), also known as the Domestic Administrative
Adoption and Alternative Child Care Act.
SECTION 2. Declaration of Policies. — It is 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 child care, custody, and adoption policies. It
shall be in accordance with the tenets set forth in all the rights of the child
enumerated under Article 3 of Presidential Decree No. 603, otherwise known
as the "Child and Youth Welfare Code"; the "United Nations Convention on
the Rights of the Child (UNCRC)"; the "United Nations Guidelines on
Alternative Care of Children"; the "United Nations Declaration on Social and
Legal Principles Relating to the Protection and Welfare of Children with
Special Reference to Foster Placement and Adoption, Nationally and
Internationally"; and the "Hague Convention on Protection of Children and
Cooperation in Respect of Inter-Country Adoption."
Toward this end, the State shall:
(a) Ensure that a child without parental care, or at risk of losing it,
is protected and provided with alternative care options such as
adoption and foster care;
(b) Establish alternative child care standards to ensure that the
quality of life and living conditions set are conducive to the child's
development;
(c) Safeguard the biological parents from making hasty decisions to
relinquish parental authority over the child;
(d) Prevent unnecessary separation of the child from the biological
parents;
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(e) Protect the adoptive parents from attempts to disturb their
parental authority and custody over the adopted child;
(f) Conduct public information and educational campaigns to
promote a positive environment for adoption;
(g) Ensure that sufficient capacity exists within government and
private sector agencies to handle adoption inquiries, process
domestic adoption petitions, and offer adoption-related services,
including pre-adoption and post-adoption services, for the
biological parents, children, and adoptive parents;
(h) Encourage domestic adoption so as to preserve the child's
identity and culture in the child's native land, and only when this
is not feasible shall intercountry adoption be considered; and
(i) Establish a system of cooperation with the Inter-Agency Council
Against Trafficking (IACAT), to prevent the sale, trafficking, and
abduction of children and to protect Filipino children abandoned
overseas who are made vulnerable by their irregular status.
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. Independent placement cases, or the entrustment of a child by
the birth parents to a relative or another person without seeking intervention
from the government, non-government organization, or any social worker,
will be covered by the provisions of the Act if the child is already in the
custody of their custodian before the effectivity of R.A. No. 11642.
It is hereby recognized that the administrative adoption processes for
the cases of legally available children, relative, stepchild, and adult adoptees
are the most expeditious proceedings that will redound in their best interest.
SECTION 3. Objectives. — The Act, through these IRR, shall provide
for and allow simpler and inexpensive domestic administrative adoption
proceedings and shall streamline services for alternative child care. Pursuant
to this, it shall create the National Authority for Child Care (NACC), which
shall exercise all powers and functions relating to alternative child care
including, declaring a child legally available for both domestic administrative
adoption and intercountry adoption, foster care, kinship care, family-like
care, or residential care.
SECTION 4. Definition of Terms . — For purposes of R.A. No. 11642
and these IRR, the following terms are defined:
(a) Act refers to Republic Act No. 11642, otherwise known as the
Domestic Administrative Adoption and Alternative Child Care Act;
(b) Abandoned child refers to a child who has no proper parental
care or guardianship for at least three (3) continuous months, and
has been declared as such by the NACC or a foundling, or a
deserted or abandoned child or infant with unknown facts of birth
and parentage found in the Philippines and/or Philippine
embassies, consulates and territories abroad;
(c) Abandoned Filipino child in a foreign country refers to an
unregistered or undocumented child found outside the Philippine
territory and/or in Philippine embassies, consulates, and
territories abroad, with known or unknown facts of birth,
separated from or deserted by the biological Filipino parent,
guardian, or custodian for a period of at least three (3)
continuous months and committed to a foreign orphanage or
charitable institution or in temporary informal care, and has been
declared as such by the NACC, upon recommendation of the
Office of the Social Welfare Attaché (OSWA) of the Department of
Migrant Workers (DMW) or the Department of Foreign Affairs
(DFA);
(d) Accreditation of Local Child Caring Agency/Child Placing Agency
refers to the recognition of a child-caring/child-placing program
that such is implemented by a social welfare and development
agency in compliance with appropriate standards evidenced by a
Certificate of Accreditation issued by the Department of Social
Welfare and Development;
(e) Accreditation of a Foreign Adoption Agency refers to the
recognition granted by either the Inter-Country Adoption Board
(ICAB) or its successor, the National Authority for Child Care
(NACC), to a Foreign Adoption Agency duly licensed by the state
welfare authority in a Contracting State as meeting the official
and Hague requirements to participate in the Philippine Inter-
Country Adoption Program;
(f) Actual custodian refers to the guardian or spouses who raised a
child or person and consistently treated the child or persons as
their own before and even beyond the age of majority;
(g) Adoption refers to the 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:
Provided, That adult adoption shall be covered by the benefits of
R.A. No. 11642.
In the interest of clarity, the adoption shall cease to be part of
alternative child care and shall become parental care as soon as
the process is completed;
(h) Adoption case from the court refers to an adoption case,
regardless of category and stage of the proceeding, filed in court
but duly withdrawn by the PAP/s or dismissed by the court for
purposes of availing of the benefits of R.A. No. 11642;
(i) Adoption para-social worker refers to an unregistered and
unlicensed social work practitioner who ideally has three (3)
years of experience in handling alternative child care or adoption
cases, or both and, in the absence of experience, in adoption and
alternative child care, one with at least two (2) years experience
in the field of social work;
(j) Adoption social worker refers to an individual who is registered
and licensed by the Professional Regulation Commission (PRC), in
accordance with R.A. No. 4373, as amended, or the "An Act to
Regulate the Practice of Social Work and the Operation of Social
Work Agencies in the Philippines and for Other Purposes" and
who ideally has three (3) years of experience in handling
alternative child care or adoption cases, or both, and duly
accredited by the NACC. For purposes of the Act, in the event
that an adoption social worker is not available, an adoption para-
social worker shall be allowed to render the services required:
Provided, That only duly registered and licensed social workers
shall sign and submit the pertinent documents;
(k) Adult adoption refers to the adoption of a person who is of legal
age and has been under the care and custody of the prospective
adoptive parents at least three (3) years before reaching the age
of majority and was treated as their own child;
(l) Applicant/s refers to a person or spouses who signified interest to
apply, individually or jointly, as adoptive/foster parents by
submitting an application, with the required supporting
documents;
(m) Alternative child care refers to the provision of planned
substitute parental care by a child-caring or child-placing agency
to a child who is orphaned, abandoned, neglected, or
surrendered. This may include foster care, kinship care, family-
like care, and residential care. Alternative child care will also be
provided to abused and exploited children, children with
disabilities, children living with HIV/AIDS, victims of trafficking,
physical, psychological and sexual abuse, offline and online
sexual exploitation, children at risk, children in conflict with the
law and children in situations of emergency or crisis and armed
conflicts;
(n) 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.
The rights of the biological parents, guardian, or other custodians
to exercise parental authority over the child shall cease upon
issuance of the CDCLAA;
(o) Child refers to a person below eighteen (18) years of age or a
person eighteen (18) years of age or over but who is 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: Provided, That for the
purpose of the Act, where relevant, a child shall also refer to an
adult son, daughter, or offspring;
(p) Child-caring agency refers to a duly licensed and accredited by
the DSWD, that provides twenty-four (24)-hour residential care
services for abandoned, orphaned, neglected, voluntarily
committed or involuntarily committed children and other children
in need of alternative child care;
(q) Child case study report refers to a written report prepared by an
adoption social worker containing all the necessary information
about a child, including the child's legal status, placement
history, past and present biopsychosocial, mental, cognitive, and
spiritual development, case background, ethnocultural
background, and biological family background or history. It shall
include an assessment of the child's current functioning and
efforts to have the child remain in the care and custody of his/her
parents or legal guardian or relative and appropriate alternative
child care options considering the child's best interest;
(r) Child Placement Committee (CPC) refers to the committee under
the supervision of the Deputy Director for Services composed of a
child psychiatrist or psychologist, a medical doctor, a lawyer, an
adoption social worker, a representative of a non-government
organization (NGO) engaged in child welfare, and any other
professional as may be needed, to provide the necessary
assistance in reviewing petitions for adoption and deliberate
cases for interregional and intercountry matching. The CPC, for
purposes of intercountry adoption, shall accredit foreign adoption
agencies. Regional CPCs shall be organized/created under the
supervision of the RACCOs;
(s) Child-placing agency refers to a government or a private non-
profit or charitable agency duly licensed and accredited by the
DSWD to provide comprehensive child welfare services including
receiving and processing petitions for adoption and foster care,
evaluating the prospective adoptive parent/s (PAP/s) or foster
parents, preparing the child case study report and home study
report and provide post placement services. The Local Social
Welfare and Development Office (LSWDO) and accredited NGOs
and Faith-Based Organizations (FBOs) are considered child-
placing agencies;
(t) Child with special needs refers to a child needing special
attention due to health, medical, psychological, cognitive, social
reasons, family background status, age and/or disability;
(u) Database on Adoption and Alternative Child Care refers to the
collection of organized information on prospective adoptive and
foster parents and children under adoption and other alternative
child care programs.
(v) Deed of Voluntary Commitment (DVC) refers to the notarized
instrument relinquishing parental authority and committing the
child to the care and custody of the NACC or child-placing or
child-caring agency, executed by the child's biological parents or
by the child's legal guardian in the absence, mental incapacity or
death of the biological parents, to be signed in the presence of an
authorized representative of the NACC, or a licensed and
accredited CCA/CPA, after counseling and other services have
been made available to encourage the child's biological parents
or legal guardian to keep the child;
(w) Domestic adoption refers to an administrative adoption
proceeding where the Order of Adoption is issued within the
Philippines and is undertaken between a Filipino child and eligible
adoptive parents;
(x) Family-like Care refers to a safe home environment
approximating a family setting for orphaned, abandoned, and
other vulnerable children who need temporary parental care. As a
matter of policy on deinstitutionalization, children under this type
of alternative child care placement must be placed in a
permanent family in accordance with the Act. Provided, further,
That a maximum of five (5) children should be accommodated in
one home;
(y) Foreign national refers to any person who is not a Filipino
citizen;
(z) Foster care refers to the provision of planned temporary
substitute parental care by a foster parent or foster family to a
child whose biological parents are temporarily or permanently
unable to care for him/her due to family dysfunction, medical,
and economic reasons among others;
(aa) Foster child refers to a child placed under foster care whose
needs can be best met in a family;
(bb) Foster parent refers to a person, duly licensed by the NACC to
provide foster care, during which supervision is provided by a
social worker to facilitate the child's adjustment and assist in
performing foster parenting responsibilities;
(cc) Foundling or a person with no known parents as defined in
Republic Act No. 11767, refers to a deserted or abandoned child
or infant with unknown facts of birth and parentage. This shall
also include those who have been duly registered as a foundling
during his or her infancy/childhood but have reached the age of
majority without benefitting from adoption procedures upon the
passage of R.A. No. 11767;
(dd) Home study report refers to a written case study report
prepared by an adoption social worker based on a thorough
assessment of the motivation and capacity of the prospective
adoptive or foster parents to provide a home that meets the
needs of a child and supported by documentary evidence;
(ee) Independent placement refers to the entrustment of a child by
the birth parents to a relative or person without seeking
intervention from the government, non-government organization,
or other social workers as defined under Section 2 (i) of R.A.
11642. As a matter of policy, independent placement shall be
considered contrary to the best interest of the child;
(ff) Intercountry adoption refers to the socio-legal process of
adopting a child by a foreign national or a Filipino citizen
habitually residing outside Philippine territory which complies
with the principles stated in the Hague Convention of 1993;
(gg) Involuntarily committed child refers to one who has been
permanently deprived of parental authority and declared as such
due to: abandonment; substantial, continuous, or repeated
neglect; abuse or incompetence to discharge parental
responsibilities, of known parents;
(hh) Kinship or Relative Foster Care refers to an out-of-home
arrangement for full-time care by relatives of the child, other
family members within the fourth degree of consanguinity or
affinity, when a child is an orphan or removed from a home due
to a safety concern such as abuse, neglect, exploitation, or
abandonment. Kinship care is a type of foster care where a
child's identified relative, if eligible, is licensed by the NACC as a
foster parent;
(ii) Local Social Welfare Development Officer (LSWDO) refers to a
person who is a duly licensed social worker and appointed by the
local chief executive to head the provincial, city, or municipal
social welfare development office which serves as the frontline of
the local government unit (LGU) in the delivery of social welfare
and development programs and services. The LSWDO shall
designate a senior registered social worker to manage cases of
adoption, foster care, and other alternative child care programs;
(jj) Marital child refers to a child conceived or born during the
marriage of the child's parents;
(kk) Matching refers to the judicious selection from the regional,
interregional and intercountry levels of a family for a child based
on the child's needs and best interest as well as the capability
and commitment of the adoptive/foster parents to provide such
needs and promote a mutually satisfying parent-child
relationship;
(ll) Media refers to traditional media (newspaper of general
circulation in the locality), radio in the locality, television, and
social media.
(mm) National Authority for Child Care (NACC) refers to the one-
stop quasi-judicial agency on domestic and alternative child care,
attached to the DSWD and acts as the Central Authority for all
alternative child care programs including domestic and
intercountry adoption. It is composed of a Council and a
Secretariat headed by an Executive Director;
(nn) NACC Transition Team refers to the team composed of the
ICAB Executive Director as chair and the DSWD PMB-Director as
vice-chair, which will provide technical assistance and policy
guidance, and personnel from the DSWD and ICAB who will
ensure non-disruption of performance of functions and continued
smooth delivery of services during migration of all alternative
child care functions to the NACC;
(oo) Neglected child refers to a child whose physical and emotional
needs have been deliberately unattended or inadequately
attended to within a period of three (3) continuous months. A
child is unattended when left without proper provisions or proper
supervision;
(pp) Non-marital child refers to a child conceived and born outside
of a valid marriage;
(qq) Petition refers to the affidavit that is subscribed and sworn to
by the applicant/s before any person authorized by law to
administer affirmation and oath as may be filed under the Rules;
(rr) Placement refers to the physical entrustment of the child with
the foster parent/s or to the adoptive parent/s after both the child
and parents have been prepared by a social worker. It consists of
a process of preparation (social, psychological, and physical) of
both the child and prospective adoptive or foster parents to
ensure a smooth transition and establishment of a parent-child
relationship. The placement shall be supported by a Pre-Adoption
Placement Authority (PAPA) or a Foster Placement Authority
(FPA);
(ss) Post-adoption services refer to psychosocial services and
support services provided by adoption social workers after the
issuance of the Order of Adoption and Certificate of Finality by
the NACC or its equivalent;
(tt) Pre-Adoption Placement Authority (PAPA) refers to a document
issued by the NACC or the RACCO authorizing/confirming the
placement of a child with the adoptive applicant/s;
(uu) Prospective Adoptive Parent (PAP) refers to an individual who
has filed a petition for administrative adoption;
(vv) Regional Alternative Child Care Office (RACCO) refers to the
Regional Offices of the NACC created from the Adoption Resource
and Referral Units (ARRU) of the DSWD Field Offices. They are
tasked to ensure a well-functioning system of receipt of local
applications to adopt or to foster, local petitions for CDCLAA and
adoption, and other requests regarding alternative placement
and well-being of children;
(ww) Regional Alternative Child Care Officer (RACC Officer) refers to
a person who will head the RACCO in the region;
(xx) Regional Child Placement Committee (RCPC) refers to the
matching committee organized by the NACC, through the RACCO,
that is tasked to deliberate applications for adoptive/foster
parent, and regional matching of children legally available for
adoption;
(yy) Relative refers to a family member or to a person within the
fourth (4th) civil degree of consanguinity or affinity from the
child;
(zz) Residential Care Facilities (RCF) refer to government facilities
that provide 24-hour residential group care to children on a
temporary basis whose needs cannot, at the time, be adequately
met by their biological parents and other alternative child care
family arrangements. It is an approximation of family life to
children under the guidance of staff specially trained for the
purpose;
(aaa) Simulation of birth record refers to the tampering of the civil
registry to make it appear in the record of birth that a child was
born to a person who is not such child's biological mother,
causing the loss of the true identity and status of such child;
(bbb) Social case study report refers to the report prepared by the
adoption social worker on the PAP/s' capacity to raise the child;
the social agency's efforts to locate the child's biological parents
or relatives; interventions given to the child and the family; and
the adoption social worker's assessment of the case. It shall
include both the child case study report and the home study
report;
(ccc) Social worker refers to a licensed practitioner by the
Professional Regulations Commission (PRC) who, by academic
training and social work professional experience, possesses the
skill to achieve the objectives as defined and set by the social
work profession, through the use of the basic methods and
technique of social work (casework, group work, and community
organization) which are designed to enable individuals, groups
and communities to meet their needs and to solve the problems
of adjustment to a changing pattern of society and, through
coordination with an organized social work agency which is
supported partially or wholly from government or community
solicited funds;
(ddd) Step-parent refers to a parent who is married to the mother or
father of a child, but who is not the child's biological mother or
father;
(eee) Supervised trial custody (STC) refers to the period of time
after the placement of a child in an adoptive home whereby an
adoption social worker helps the adoptive family and the child in
the adjustment process to facilitate the legal union through
adoption. It consists of regular home visits, monitoring, and
provision of support services to enhance the parenting capability
of adoptive parents in understanding and managing the child's
behavior and specific needs;
(fff) Support refers to everything indispensable for the full and
harmonious development of the child, including sustenance,
dwelling, clothing, medical attention, and education, in keeping
with the financial capacity of the family;
(ggg) Voluntarily committed child refers to one whose parent or
legal guardian knowingly and willingly relinquished parental
authority to the NACC, or any duly accredited child-placing or
child-caring agency or institution. Support services for biological
parents such as livelihood assistance, parenting education, skills
training, and others to enable them to cope with their
responsibilities and counseling to arrive at an assessment of the
family situation leading to the voluntary commitment of the child
for his/her best interest.
ARTICLE II
National Authority for Child Care
SECTION 5. National Authority for Child Care (NACC). — The Inter-
Country Adoption Board (ICAB) is hereby reorganized into a one-stop quasi-
judicial agency on alternative child care, known as the National Authority for
Child Care (NACC), attached to the Department of Social Welfare and
Development (DSWD).
All duties, functions, and responsibilities of the ICAB, the DSWD, and
those of other government agencies relating to alternative child care and
adoption are hereby transferred to the NACC.
The Department of Budget and Management (DBM), in coordination
with the ICAB and the DSWD, shall formulate a cohesive organizational
structure with corresponding plantilla positions responsive to fulfilling the
functions and divisions of the NACC as stipulated under R.A. No. 11642 and
these IRR.
SECTION 6. 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; foster care under Republic Act No. 10165,
otherwise known as the "Foster Care Act of 2012"; adoptions under Republic
Act No. 11222, otherwise known as the "Simulated Birth Rectification Act";
and intercountry adoption under Republic Act 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 R.A. No. 11642 and
these IRR.
SECTION 7. Composition of the NACC. — The NACC shall be
composed of a Council and a Secretariat.
The Council shall be composed of the Secretary of the DSWD as ex
officio Chairperson and six (6) other members, who are to be appointed by
the President for a non-renewable term of six (6) years: Provided, That there
shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers who
shall have at least the qualifications of a Regional Trial Court (RTC) judge,
one (1) registered social worker and two (2) representatives from NGOs
engaged in child-caring or child-placing activities.
The members of the Council shall receive a reasonable per diem
allowance for each meeting attended.
The Council shall act as the policy-making body for purposes of
carrying out the provisions of the Act and shall formulate child welfare
policies which shall constantly adjust to ongoing studies on alternative child
care. En banc, it shall serve as the Appeals Committee for contested denials
of petitions issued by the Executive Director or the Deputy Director for
Services.
The Secretariat shall implement and execute policies on alternative
child care pursuant to the provisions of the Act. It shall be headed by an
Executive Director, with the rank of an Undersecretary who shall be assisted
by two (2) deputy directors, one (1) for services and another one (1) for
administration and finance with the rank of Assistant Secretary.
The Deputy Director for Services shall, pursuant to the provisions of the
Act, assist the Executive Director in the supervision and monitoring of the
overall process for alternative child care, including declaring a child legally
available for adoption, domestic and intercountry adoption, foster care,
residential care, family-like care, and kinship care, as well as the provision of
child and family welfare services.
The NACC may hire professionals and various experts, who shall form
part of the CPC to be composed of a child psychiatrist or psychologist, a
medical doctor, a lawyer, an adoption social worker, a representative of an
NGO engaged in child welfare, and any other professionals, as may be
needed, to provide the necessary assistance to the Deputy Director for
Services and Executive Director in interregional and intercountry matching,
accreditation of foreign adoption agencies, and resolving appeals filed by
interested parties involving denials of petitions at the RACCO level and
reviewing recommendations of the RACCOs on petitions for adoption.
The members of the CPC shall receive a reasonable honorarium for
each meeting attended.
The Deputy Director for Administration and Finance shall be in charge
of human resource development and management, property and logistics
management, assets and financial management, and other administrative
support services.
SECTION 8. Functions of the NACC. — The NACC shall ensure that
the petitions, and all other matters involving alternative child care, including
the issuance of CDCLAA, and the process of domestic and intercountry
adoption, foster care, kinship care, family-like care, or residential care are
simple, expeditious, and inexpensive, and will redound to the best interest of
the child involved.
Towards this end, the NACC Council shall act as the policy-making body
and when convened as such, as an en banc appeals committee for
contested denials of petitions issued by the Executive Director or the Deputy
Director for Services, while the NACC Secretariat shall be responsible for the
following key functions:
(a) Act and resolve petitions for the issuance of CDCLAA as
provided under the Act;
(b) Facilitate, act on, and resolve all matters relating to domestic
administrative adoption as provided in the Act, including
adoptions which were initially filed with the courts under R.A. No.
8552;
(c) Facilitate, act on, and resolve all matters relating to intercountry
adoption, pursuant to R.A. No. 8043, as amended;
(d) Facilitate, act on, and resolve all matters relating to foster care
pursuant to R.A. No. 10165, as amended;
(e) Facilitate, act on and resolve all matters relating to the
rectification of simulated birth pursuant to R.A. No. 11222, as
amended;
(f) Supervise and control the acts to be performed by the RACCO
under the provisions of R.A. No. 11642 and these IRR;
(g) Act on petitions for adoption, foster care, and other forms of
alternative child care that have been filed through and processed
by the RACCOs;
(h) Issue travel clearance for all cases which are under its
jurisdiction;
(i) Set standards and guidelines on adoption including pre- and
post-legal adoption services;
(j) Convene an Independent Appeals Committee whenever
necessary to be composed of professionals and experts from its
CPC, to study and give recommendations on appeals filed by
interested parties involving denials of petitions and applications
at the RACCO level;
(k) Act as the Central Authority in matters relating to domestic and
intercountry adoption and shall act as the policy-making body for
the purpose of carrying out the provisions of the Act, including
R.A. No. 8043, as amended, in consultation and coordination with
the OSWA, DFA, the different child care and placement agencies,
foreign adoption agencies, as well as NGOs engaged in child care
and placement activities, specifically the functions under Section
4 of the aforementioned law;
(l) Determine, in coordination with the DFA or the OSWA,
procedures for the suitable alternative child care of Filipino
children stranded abroad, including countries which are not
parties to the Hague Convention or have no diplomatic relations
with the Philippines;
(m) Ensure that intercountry adoption will not be pursued until all
possible domestic placement of the child has been exhausted;
(n) Conduct national information dissemination and advocacy
campaign on alternative child care and legal adoption;
(o) Establish clear programs to keep children with their biological
families whenever possible;
(p) Assess the progress and identify gaps in the implementation of
R.A. No. 11642 and these IRR and come up with policy
recommendations;
(q) Keep records of all adoption, foster care, and other alternative
child care cases, which include submitted caseload inventory of
children from child-caring agencies and family-like care facilities
and provide periodic information and reports on the performance
of the agency;
(r) Conduct research on adoption, foster care, and other alternative
child care policies or in related fields to further improve and
strengthen the office programs and services and for policy
formulation and development;
(s) Provide technical assistance, develop training modules and
conduct capability building activities for adoptive/foster parents
and children, and all concerned agencies and stakeholders;
(t) Determine and impose administrative fees;
(u) In partnership with the Department of the Interior and Local
Government (DILG), provide the necessary support and technical
assistance to LGUs, especially the Local Council for the Protection
of Children (LCPC), who are among the first responders to cases
of child abandonment and voluntary commitment, on matters
related to alternative child care processes and engage them
during the pre-adoption process;
(v) Build linkages and partnerships with independent and private
entities such as licensed and accredited child-caring institutions,
foundations, and social work groups to ease the burden on the
government in monitoring all petitions;
(w) Impose fines or penalties for any non-compliance with or breach
of R.A. No. 11642, these IRR, and the rules and regulations which
it promulgates or administers;
(x) Formulate and develop policies for programs and services
relating to the process of adoption, foster care, kinship care,
family-like care, or residential care;
(y) To accredit and authorize adoption social workers to engage in
the assessment of children for adoption or alternative child care
and assess suitability of adoptive and foster parents; and
(z) Enforce R.A. No. 11642 and these IRR, as well as perform all
other functions necessary to carry out the objectives of the Act
and other related laws, such as Republic Act No. 8043, Republic
Act No. 10165 and Republic Act No. 11222 toward the simple,
expeditious, and inexpensive process relating to foster care,
issuance of CDCLAA, domestic administrative adoption, and
intercountry adoption, and all other forms of alternative child
care, that would redound to the best interest of the child.
SECTION 9. Regional Alternative Child Care Office (RACCO) . —
There shall also be a Regional Alternative Child Care Office (RACCO) created
for each region of the country, which shall be headed by a Regional
Alternative Child Care (RACC) officer.
The RACCO is tasked to ensure a well-functioning system of receipt of
local petitions for CDCLAA and adoption, applications for foster care, and
other requests regarding alternative placement and the well-being of
children.
The RACCO shall have dedicated personnel who shall exclusively
handle each of the following:
(a) Facilitate petitions for CDCLAA;
(b) Domestic administrative adoption;
(c) Intercountry adoption;
(d) Foster care, including kinship care;
(e) All other forms of alternative child care including family-like
care, and residential care; and
(f) Rectification of simulated birth pursuant to R.A. No. 11222.
There shall be a Regional Child Placement Committee (RCPC) in each
RACCO which shall be supervised by the RACC officer. It shall be composed
of a multidisciplinary group including a child psychiatrist or psychologist, a
medical doctor, a member of the Philippine Bar, an adoption social worker,
and a representative of an NGO involved in child welfare; Provided, That no
member of the group shall have relations with the child or adoptive/Foster
applicant or parent being matched.
The members of the RCPC will serve for a term of two (2) years which
may be renewed twice at the discretion and approval of the Executive
Director. They shall receive a reasonable honorarium for each meeting
attended.
SECTION 10. Appointments and Staffing Patterns. — The DBM, in
coordination with the ICAB and DSWD, shall create the organizational
structure and staffing patterns necessary for the performance of functions of
the NACC; Provided, That officers and employees holding permanent
appointments shall be given preference for appointment to the new
positions in the approved staffing pattern comparable to their former
positions.
Provided, further, That existing plantilla items in the ICAB and DSWD
which are dedicated to alternative child care and adoption shall be
transferred to the NACC.
Provided, finally, That no new employees shall be hired until all
permanent officers and employees have been appointed, including
temporary and casual employees who possess the necessary qualification
requirements, among which is the appropriate civil service eligibility, for
permanent appointment to positions in the approved staffing pattern in case
there are remaining positions to be filled unless such positions are policy-
determining, primarily confidential or highly technical in nature.
Qualifications of all appointees shall be in accordance with civil service
rules and regulations. The existing Adoption Resource and Referral Unit
(ARRU) of the DSWD shall now function as the RACCO for each region of the
country under the NACC.
ARTICLE III
Domestic Administrative Adoption
A. DECLARATION OF A CHILD LEGALLY AVAILABLE FOR ADOPTION
(INVOLUNTARILY COMMITTED, ABANDONED, AND VOLUNTARILY
COMMITTED)
SECTION 11. Certificate Declaring a Child Legally Available for
Adoption. — A Certificate Declaring a Child Legally Available for Adoption
(CDCLAA) is issued in cases of involuntarily committed children under Article
141, paragraph 4 (a), and Article 142 of P.D. No. 603 and in case of
voluntarily committed children as contemplated under Article 154 of P.D. No.
603, abandoned and foundling children.
SECTION 12. Duty of the NACC, LGU, Child-Placing or Child-Caring
Agency. — 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.
SECTION 13. Proof of Biological Parent Search. — The following shall
be sufficient proof that such efforts to locate the biological parents,
guardians or relatives have been made:
(a) Certification from radio and/or TV stations that the case was
aired on three (3) different occasions;
(b) Publication in newspapers of general circulation whichever is
appropriate to the circumstance;
(c) Police report or barangay certification from the locality where
the child was found; and
(d) 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 DVC signed by the biological parent,
whichever is appropriate to the circumstance.
SECTION 14. Procedure When Biological Parent/s are Located. — If
the biological parent/s is/are located, they/he/she will be assessed to
determine their willingness to keep the child and their parenting capability.
If the assessment of reunification is not favorable, the parent/s shall
execute a Deed of Voluntary Commitment (DVC). If the child is a marital
child, the signature of both mother and father to the DVC shall be secured. If
the child is a non-marital child, the DVC of the mother is sufficient.
If reunification is for the child's best interest, the parent/s and child
shall undergo counselling and after care services shall be provided by the
LGU social worker.
SECTION 15. Procedure When Biological Parent/s are Not Located. —
If the biological parent/s is/are not located, the adoption social worker shall
facilitate the registration of the child's certificate of live birth if the name and
information of the child's birth are known and verified. If there is no known
information on the child's birth, facilitate the registration of the certificate of
live birth of persons with no known parent/s based on the guidelines of the
Philippine Statistics Authority (PSA).
SECTION 16. Who May File a Petition for CDCLAA. — The Head or
Executive Director of a licensed or accredited child-caring or child-placing
agency or institution managed by the government, LGU, NGO, or provincial,
city, or municipal Social Welfare Development Office (SWDO) who has actual
custody of the minor may file a petition before the NACC, through the
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.
SECTION 17. CDCLAA for Involuntarily Committed Child. — The
CDCLAA, in case of an involuntarily committed child, shall be issued by the
NACC within three (3) months following such involuntary commitment.
SECTION 18. Requirements for the Petition for CDCLAA of
Involuntarily Committed Child. — A petition for the issuance of a CDCLAA of
an involuntarily committed child shall be supported by the following
documents:
(a) Child Case Study Report made by the LGU, licensed or
accredited child-caring or child-placing agency or institution
charged with the custody of the child stating the child's past and
current functioning, family background, and assessment of the
child's best interest;
(b) Original copy of the Order directing involuntary commitment of
the child;
(c) Authenticated LCR copy or PSA Copy of Certificate of Live Birth;
and
(d) Recent photograph of the child and photograph of the child
upon admission to the agency or institution.
The petition shall be in the form of an affidavit, subscribed and sworn
to before any person authorized by law to administer oaths. It shall contain
facts necessary to establish the merits of the petition and shall state the
circumstances surrounding the involuntary commitment.
SECTION 19. CDCLAA for Abandoned Child or Foundling Child. —
The CDCLAA in case of an abandoned child or foundling child shall be issued
by the NACC within three (3) months following the issuance of the child's
certificate of live birth.
SECTION 20. Requirements for the Petition for CDCLAA of
Abandoned Child or Foundling Child . — A petition for the issuance of a
CDCLAA of an abandoned child or foundling child shall be supported by the
following documents:
(a) Child Case Study Report prepared by the LGU, licensed or
charged with the custody of the child stating the child's past and
current functioning, family background, and assessment of the
child's best interest;
(b) Proof of efforts to locate the biological parent/s or relatives of
the child and media certifications;
(c) Authenticated LCR copy or PSA Copy of Certificate of Live Birth,
or Certificate of Foundling, if available, or Certificate of Live Birth
of Children with No Known Parents; and
(d) Recent photograph of the child and photograph of the child
upon abandonment or admission to the agency or institution.
circumstances surrounding the abandonment or finding of the child.
SECTION 21. CDCLAA for Voluntarily Committed Child. — In case of
a voluntarily committed child, the CDCLAA shall be issued by the Executive
Director within three (3) months following the filing of the Petition for
CDCLAA with the attached Deed of Voluntary Commitment (DVC), as signed
by the parent/s.
Upon petition filed with the NACC, the parent/s or legal guardian who
voluntarily committed the child may recover legal custody and parental
authority from the agency or institution to which such child was voluntarily
committed when it is shown to the satisfaction of the NACC that the parent/s
or legal guardian is in a position to adequately provide for the needs of the
child; Provided, That the petition for restoration is filed within three (3)
months after the signing of the DVC.
SECTION 22. Requirements for Petitions for CDCLAA of Voluntarily
Committed Child. — A petition for the issuance of CDCLAA for a voluntarily
committed child shall be supported by the following documents:
(a) Child Case Study Report prepared by the LGU, licensed or
charged with the custody of the child stating the services
provided to relinquishing parent to enable him/her/them to make
an assessment and decision for the best interest of the child;
(b) Authenticated LCR copy or PSA copy of the certificate of live
birth;
(c) Recent photograph of the child and photograph of the child upon
admission to the agency or institution; and
(d) Original copy of Deed of Voluntary Commitment (DVC).
circumstances surrounding the voluntary commitment of the child.
SECTION 23. Procedure for the Filing of the Petition for CDCLAA. —
The petition shall be filed in the RACCO where the child was involuntarily
committed, abandoned or voluntarily committed or where the child-
caring/child-placing agency which has custody of the child is located.
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 abandoned or
voluntarily committed as well as in the locality of the child-caring/child-
placing agency who has custody of the child and in social media platforms or
other online platforms of the CCAs, CPAs or the 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) working days after the completion of its posting and
receipt of the additional information/documents, the RACCO shall render a
recommendation and transmit a copy of such recommendation, together
with the supporting documents, to the Executive Director.
SECTION 24. Declaration of Availability for Adoption. — Upon
finding merit on the petition, the Executive Director shall issue a CDCLAA
within seven (7) working days from receipt of the recommendation, unless
further investigation or additional information or documents are needed to
determine the merits of the petition. A copy of the CDCLAA shall be
transmitted to the petitioner and all interested parties known to the
Executive Director.
SECTION 25. Opposition to the Petition for CDCLAA. — In cases of
abandoned, abused, or neglected children, 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 adoption social worker to immediately investigate and
request for a Parenting Capability Assessment Report (PCAR) from the LGU
where the biological parents, relatives, or guardian resides.
Within fifteen (15) working days after the issuance of the PCAR, the
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 adoption social
worker's recommendation, the RACCO, Deputy Director for Services, or
Executive Director shall decide on the merits of the petition.
SECTION 26. Procedure for Appeal in Petitions for CDCLAA. — A
Motion for Reconsideration of the Decision can be filed within fifteen (15)
calendar days from receipt thereof to the NACC Council, through the
Executive Director. If the Motion for Reconsideration is denied, the interested
party can appeal to the Court of Appeals within ten (10) working days from
receipt of the Order, otherwise the same shall be final and executory.
SECTION 27. Petition for Cancellation of CDCLAA. — The biological
parents, relative or legal guardian of a child with CDCLAA who has not been
adopted may appear and file a petition supported by documentary
requirements, for cancellation of the CDCLAA to the RACCO where the
petition for CDCLAA was filed.
Within fifteen (15) working days, the RACCO shall render a
recommendation on whether to grant or deny the petition for cancellation of
CDCLAA and transmit to the NACC.
Within fifteen (15) working days after the receipt of the
recommendation, the Executive Director shall decide on the merits of the
petition for cancellation.
If the Executive Director finds merit in the petition for cancellation, the
CDCLAA shall be canceled except when further investigation or additional
information or documents are needed to determine the merits of the
petition. A copy of the cancellation of the CDCLAA shall be transmitted to the
petitioner and all interested parties known to the Executive Director and the
parental authority of the biological parents over the child shall be restored.
SECTION 28. Best Evidence that a Child is Available for Adoption. —
The CDCLAA issued by the NACC Executive Director shall be, for all intents
and purposes, the best evidence that the child is legally available in a
domestic adoption and in an intercountry adoption proceeding.
B. ADOPTION
SECTION 29. Pre-Adoption Services/Counseling Services. — It shall
be the duty of the NACC, through the RACCO, child-caring or child-placing
agencies, as well as the city, municipal, or barangay social workers, when
appropriate, to provide necessary and appropriate counseling services,
which will inculcate the positive aspects of the following:
(a) Biological Parents — Counseling shall be provided to the
biological parents before and after the birth of the child. They
shall be counseled regarding available programs and services to
strengthen the family to keep the child, avail of services and
assistance such as — temporary child care arrangements such as
foster care; and or relinquish the child for adoption. No binding
commitment to an adoption plan shall be permitted before the
birth of the child.
In all proceedings for adoption, the NACC shall require proof that
the biological parents have been properly counseled to prevent
them from making hurried decisions caused by strain or anxiety
to give up the child and to sustain that all measures to strengthen
the family have been exhausted and that any prolonged stay of
the child in own home will be inimical to child welfare and
interest.
Series of counseling shall be provided in a language and manner
understandable to the biological parent(s)/legal guardian on the
implications of relinquishing his/her parental authority over the
child, focusing on:
1. the loss of parental rights over the child and as a rule, not
having further contact with the child;
2. the importance of providing relevant information on the
child, their own medical history, and family background;
3. the possibility that the child may be placed for adoption
within the Philippines or in a foreign country;
4. the possibility that in the future, there may be
communication with the child at the adoptee's initiative;
5. the right to reconsider his/her decision to relinquish his/her
child within three (3) months from signing the Deed of
Voluntary Commitment (DVC) subject to assessment by the
NACC; and
6. Process of restoration of parental authority.
The biological parent/s who decides to keep the child shall be
provided with adequate services and assistance to fulfill parental
responsibilities.
A period of three (3) months shall be allowed for the biological
parents to reconsider any decision to relinquish a child for
adoption before the decision becomes irrevocable.
Counseling and other appropriate social service interventions and
services shall also be offered to the biological parent/s after the
child has been relinquished for adoption to help them cope with
feelings of loss, etc., and other services for reintegration into the
community.
Steps shall be taken by the NACC to ensure that no hurried
decisions are made and all alternatives for the child's future and
the implications of each alternative have been provided.
(b) Prospective Adoptive Parent/s (PAP/s) — Counseling sessions,
forums, and seminars on adoption, among others, shall be
provided to resolve possible adoption issues and to prepare them
for effective parenting.
The NACC shall also disseminate basic information about
adoption including the adoption process and procedures and the
effects of adoption; inform them of the general background of
children in need of adoptive homes including children with
special needs; develop in the PAP/s respect for the child's
biological origin, and to provide a support group for adoptive
parents which shall give them a venue for sharing their adoption
experiences.
Adoption telling shall be one of the central themes of the
sessions, forums, or seminars to equip the PAP/s with the ability
to divulge the adoption to the adoptee in a manner that will
strengthen the parent-child relationship.
As a proven helpful practice, the adoption shall be disclosed to
the child as early as possible by the adoptive parents: Provided,
That disclosure of adoption shall be mandatory before the
adoptee reaches the age of thirteen (13) years old. An adoption
social worker must conduct adoption-themed activities for such
children, which will inculcate the positive aspects of adoption in
their young minds.
A certificate shall be issued by the NACC or authorized agencies
to the PAP/s attesting that they have undergone counseling
services. The certificate shall be a prerequisite for the home
study.
(c) Prospective Adoptive Child/Adoptee — A prospective adoptee
shall be provided with counseling and other support services
appropriate to his/her age and maturity, and in a manner and
language that the child/adoptee comprehends, especially to
enable him/her to understand why he/she has been relinquished
for adoption. The adoption social worker shall take into
consideration the special needs of the child/adoptee.
In the case of an adoptee, including adult adoptee, whose
consent to his/her own adoption is necessary, the adoption social
worker/counselor shall consider the child/adoptee's wishes and
opinion, ensure that his/her consent is voluntary, and duly inform
him/her of the effects of such consent.
SECTION 30. Who May Adopt. — The following may adopt:
(a) 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 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 16-year difference
between the age of the adopter and adoptee may be waived
when the adopter is the biological parent of the adoptee or is the
spouse of the adoptee's parent;
(b) The legal guardian with respect to the ward after the
termination of the guardianship and clearance of financial
accountabilities;
(c) The foster parent with respect to the foster child;
(d) Philippine government officials and employees deployed or
stationed abroad; Provided, That they are able to bring the child
with them; and
(e) Foreign nationals who are permanent or habitual residents of
the Philippines for at least five (5) years possessing the same
qualifications as above stated for Filipino nationals prior to the
filing of the petitions; 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 Order
of Adoption as valid, acknowledge the child as a legal child of the
adopters, and allow entry of the child in such country as an
adoptee.
The foreign national who is a permanent or habitual resident of
the Philippines may prove that the adopter/s' country will
acknowledge the Order of Adoption as valid, acknowledge the
child as a legal child of the adopters, and allow entry of the child
in such country as an adoptee by presenting a duly authenticated
copy of the foreign domestic law on adoption or a certification
from the relevant central authority that the Order of Adoption
issued by NACC is Hague compliant. Provided, further, That
requirements of residency may be waived for the following:
1. A former Filipino citizen, habitually residing in the
Philippines, who seeks to adopt a relative within the fourth
(4th) civil degree of consanguinity or affinity; or
2. One who seeks to adopt the marital child of the Filipino
spouse; or
3. 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:
(a) If one spouse seeks to adopt the legitimate child of the other; or
(b) If one spouse seeks to adopt own illegitimate child; Provided,
That, the other spouse has signified consent thereto; or
(c) If the spouses are legally separated from each other.
SECTION 31. Who May be Adopted. — The following may be
adopted:
(a) Any child who has been issued a CDCLAA;
(b) The marital child of one spouse by the other spouse;
(c) A non-marital child by a qualified adopter to improve status to
legitimacy;
(d) 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;
(e) A foster child who has been declared as legally available for
adoption;
(f) A child whose adoption has been previously rescinded;
(g) 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
(h) A relative of the adopter under the relevant conditions stated in
this section.
SECTION 32. Documentary Requirements for Application as
Adoptive Parents . — The following documents must be submitted by the
applicant/s:
(a) Undertaking and application form of the applicant/s;
(b) PSA copies of birth record of the applicant/s;
(c) PSA copies of the Marriage Certificate or Certificate of No
Marriage Record (CENOMAR), in case of termination of marriage,
or Authenticated Divorce papers with copy of court decision and
Certificate of Finality by their Consulate, if foreign applicant;
Decree of Annulment, Decree of Nullity of Marriage, or Decree of
Legal Separation or the PSA copy of the Certificate of Marriage
with annotation of the annulment of marriage, declaration of
nullity of marriage or legal separation for Filipino applicant;
(d) Written consent from the appropriate person/s;
(e) Medical Certification by a duly licensed physician. The
Certification should indicate that the applicant has no medical
condition that prevents him/her in acting or assuming parental
responsibilities and taken at least six (6) months from the time of
preparation of the Home Study Report;
(f) Psychological evaluation report on the applicant/s, as
recommended by the adoption social worker;
(g) National Bureau of Investigation (NBI), Police Clearances or
Court Clearances issued within one (1) year before the filing of
the application;
(h) Latest Income Tax Return (ITR) or any document showing
financial capacity;
(i) Letters attesting to the character and general reputation of the
PAP/s from at least three (3) non-related character references, of
one preferably from an employer or supervisor or with whom the
PAP/s have business dealings. The contact details of the person
attesting must be so indicated in the letter;
(j) Photos of the applicant/s, his/her immediate family members and
their home, taken within the last six (6) months from the date of
submission of application; and
(k) Adoption decree (if with a previous adopted child).
Other documents may be required by the adoption social worker as
deemed necessary based on their assessment and recommendation.
The applicant/s is/are required to attend training on adoption as
prescribed by the NACC. A Certificate of Completion will be issued by the
NACC, or their authorized representative, to the applicant/s who have
undergone the required training. The Certification of Completion shall be
attached to the Petition once the applicant/s file for the domestic
administrative adoption.
SECTION 33. Additional Requirements for Foreign Nationals . —
Foreign nationals who want to apply as adoptive parents need to submit the
following additional requirements:
(a) Certificate of Residency in the Philippines for at least five (5)
years issued by the Bureau of Immigration or Department of
Foreign Affairs, as appropriate; and
(b) Police clearance from police authorities where the foreign
applicant/s has lived for more than twelve (12) months any time
in the past fifteen (15) years.
SECTION 34. Standard Forms and Additional Documentary
Requirements. — The NACC shall formulate and produce official, uniform,
and standard forms of the documentary requirements that will be easily
used and submitted by the applicants for their petition.
The adoption social worker of the NACC is not precluded from asking
for additional documents as may be necessary as proof of the facts alleged
in the petition or to establish a factual claim.
SECTION 35. Procedure for Application as Adoptive Parents. — The
following procedure shall be followed by those applying as adoptive parents:
(a) Applications shall be filed with the RACCO in the region where
the applicant/s resides. Provided, That relative, step-parent, and
adult adoption are exempted from applying as adoptive parents
and may directly file their petition for adoption to the RACCO;
(b) The adoption social worker of the applicant/s shall facilitate the
accomplishment of the undertaking and application form, conduct
interviews and counseling with the applicant/s and their
immediate family members and significant others, facilitate the
signing of the type of child acceptable to the family checklist, and
prepare the home study report;
(c) The adoption social worker of the applicant/s shall endorse the
home study report together with the complete set of supporting
documents to the RACCO for review;
(d) Review of all applications, including communicating comments,
requests for clarification or additional documents, and decisions
on applications to the applicant/s adoption social worker, shall be
conducted by the RACCO social worker;
(e) If the application is found sufficient, the RACCO social worker
shall schedule the presentation of the application with the RCPC
and inform the applicant/s through their adoption social worker,
of the date of presentation. The applicant/s and the adoption
social worker shall personally appear before the RCPC during the
presentation;
(f) The RCPC shall convene at least once a month, or during the
Regional Matching Conferences, to conduct an interview with the
applicant/s and/or adoption social worker, act on the application
and endorse their recommendation to the RACCO Head for
inclusion to the National Roster of Approved Applicants. The
roster shall be maintained by the RACCO and made accessible to
the RCPC for matching purposes;
(g) To avoid conflict of interest, applicant/s who are Heads of Child-
Caring or Child-Placing Agencies, or a social worker or any
individual endowed with function to decide on the application
and/or Petition for adoption, shall be assessed by an impartial
social worker without any personal dealings with the applicant/s.
C. ADOPTION OF LEGALLY AVAILABLE CHILD
SECTION 36. Whose Consent is Necessary for Adoption of Child with
CDCLAA . — After being properly counseled and informed of the right to give
or withhold approval of the adoption, the written consent of the following to
the adoption is hereby required.
(a) The adoptee, if ten (10) years of age or over unless unable to
psychosocial disability or condition;

(b) The marital and adopted children, ten (10) years of age or over,
of the adopter, if any, 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; and
(c) The non-marital children, ten (10) years of age or over, if living
with the said adopter or over whom the adopter exercises
parental authority unless unable to fully take care or protect
condition;
Provided, That, children under ten (10) years of age shall be counseled
and consulted, but not required to execute written consent.
SECTION 37. Documentary Requirements for Adoption of Legally
Available Child . — The PAP/s shall attach the following to the notarized
Petition for Adoption and shall submit the same to the RACCO:
(a) Social Case Study Report duly prepared by an adoption social
worker pursuant to the provisions of the Act, which requires a
uniform and standardized format of the report and submitted
directly by the adoption social worker to the RACCO in a sealed
envelope;
(b) PSA copies of the birth record of the PAP/s and the child;
(d) National Bureau of Investigation (NBI) or Police Clearance or
Court Clearances. If foreign national, clearance from police
authorities where he or she has lived for more than twelve (12)
months any time in the past fifteen (15) years;
(e) PSA copy of the Death Certificate of the child's biological
parents, if applicable;
(f) Written consent of the child if ten (10) years of age or over;
(g) Written consent of marital and adopted children of PAP/s, ten
(10) years of age or over;
(h) Written consent of non-marital children, ten (10) years of age or
over, of whom the PAP/s is living with or over whom PAP/s
exercises parental authority;
(i) Original copy of CDCLAA;

(j) Result of the recent medical evaluation of the child and the PAP/s
prepared within six (6) months prior to petition for domestic
administrative adoption;
(k) Psychological evaluation of the PAP/s prepared within two (2)
years based on the date of the report;
(l) Psychological evaluation of the child, for children five (5) years
old and above prepared within two (2) years based on the date of
the report;
(m) Child care plan with a list of at least three (3) temporary
custodians of the child in order of preference in case of death,
absence, or incapacity of the PAP/s;
(n) Letters attesting to the character and general reputation of the
PAP/s has business dealings. The contact details of the person
(o) Recent close-up and whole-body pictures of the child and the
PAP/s taken within the last six (6) months;
(p) Documents showing the financial capacity of the PAP/s; and
(q) Certificate of Attendance at Pre-Adoption training or undertaking
to complete pre-adoption training prior to the issuance of
Adoption Order.
SECTION 38. Procedure Specific for the Adoption of Legally
Available Child. — The following procedure shall be observed in the adoption
of a child with CDCLAA:
(a) Preparation of Case Study Reports
1. Social Case Study Report — A case study of the adoptee,
the biological parents as well as the adopters shall be
prepared by an adoption social worker, the social service
office of the LGU, or any child-placing or child-caring
agency or any NACC accredited agency.
2. Child Case Study Report — The case study on the
prospective adoptive child shall establish that said child is
legally available for adoption and that the documents to
support this fact are valid and authentic.
The child's case study report shall focus on the child's
current functioning — physical, psychological, social,
cognitive and spiritual development — his/her specific
needs to be addressed, understanding of adoption and
readiness to establish new relationships and be part of a
new family based on the child's evolving capacity.
3. Home Study Report — The home study shall focus on a
thorough assessment of the motivation/s of the adopting
parent/s; considering, when appropriate, coping with child
loss, involuntary childlessness for infertile couples or with
single status; or adding a new member to their family for
those with children.
The home study report is geared towards meeting the
specific needs of a child they wish to adopt and the
resources available for the alternative care of the child.
The applicant may state their/his/her preference of a child
such as the age and sex, among others and be ready to
adopt any child matched to them/her/him.
Further, The home study report of the prospective adopters
shall ascertain their genuine intentions and that the
adoption is in the best interest of the child.
(b) Matching Process
There shall be a matching process within thirty (30) calendar
days after the issuance of the CDCLAA or the next matching
conference, whichever is applicable.
The matching of a child to an approved adoptive applicant/s shall
be carried out during the regular matching conference by the
RC P C ; Provided, That interregional matching, which shall be
monitored and supervised by the Deputy Director for Services,
may be conducted upon the recommendation of the Executive
Director, at any time, depending on the number of children
declared legally available for adoption and the number of
approved adoptive applicant/s, subject to the following:
(b.1) Regional Matching
Upon receipt of the child's dossier, the RACCO social
workers, who will act as the Secretariat to the matching
conference, shall conduct the following:
(i) Review and assess the Child Case Study Report
(CCSR) and its supporting documents,
communicate requests for additional documents
or information to the child's social worker, provide
recommendations on the case;
(ii) Schedule the matching and invite the members
of RCPC and the adoption social workers of the
child and the social worker of the approved
applicant/s for the presentation of their case/s in
the matching conference;
(iii) Conduct the regional matching conference with
the RCPC and facilitate the signing of a Certificate
of Matching for children matched and endorse the
same to the RACC Officer for approval;
(iv) Endorse the matching proposal to the adoption
social worker of the approved adoptive applicant/s
for the latter's decision. Adoptive applicant/s who
accepted the proposed placement of a child shall
be issued with a Pre-Adoption Placement Authority
(PAPA) by the RACC Officer or their duly
authorized representative;
If the approved adoptive applicant/s
declines/opposes the proposed placement of the
child with them as recommended by the RCPC, a
written explanation within two (2) working days
after receipt of the notice on the result of
matching shall be secured by the adoption social
worker;
(v) Entrustment of the child to the adoptive
applicant/s shall be undertaken by the child's
adoption social worker to establish familiarity,
bonding, and rapport. The physical transfer of the
child shall take place upon receipt of the
approved PAPA;
(vi) A supervised trial custody (STC) for a period of
six (6) months, which may be reduced or
lengthened, shall be conducted by the adoption
social worker;
After a thorough assessment of satisfactory
adjustment where bonding and rapport have
taken place between the child and adoptive
applicant/s, a final supervisory report, updated
social case study report and recommendation for
filing of the domestic adoption shall be prepared
by the adoption social worker of the adoptive
applicant/s to be submitted to the RACCO within
fifteen (15) working days after the end of the STC;
For independently placed cases, the adoption
social worker of the adoptive applicant/s shall
prepare one post-placement report, within fifteen
(15) working days upon receipt of PAPA,
recommending the adoptive applicant/s to
continue their parental obligations towards the
child;
(vii) Children with special needs shall be presented
to the matching conference only once, except
under special circumstances;
In matching conferences involving children with
special needs, the social worker shall ensure that
the children with special needs are presented in a
non-discriminatory manner and that the social
worker has undergone the requisite sensitivity
trainings;
(viii) For cases of children not matched, the RCPC
shall recommend the issuance of clearance for
interregional matching. Regional Clearance shall
only be issued by the RACC Officer based on a
favorable assessment and recommendation by
the RCPC.
(b.2) Interregional Matching
Upon receipt of the dossier, the NACC social workers, who
will now act as the Secretariat, shall conduct the following:
(i) Review and assess the case study report and its
supporting documents, communicate requests for
additional documents or information to the
adoption social worker, provide recommendations
on the case;
(ii) Schedule the matching and invite the members
of CPC and the adoption social workers of the
child and the approved adoptive applicant/s for
the presentation of their case/s in the matching
conference;
(iii) Conduct the interregional matching conference
with the CPC, facilitate the signing of a Certificate
of Matching for children matched and endorse the
same to the Executive Director or Deputy Director
for Services for approval;
(iv) Endorse the matching proposal to the adoption
social worker of the approved adoptive applicant/s
for the latter's decision. Adoptive applicant/s who
accepted the proposed placement of a child shall
be issued with a Pre-Adoption Placement Authority
(PAPA) by the Executive Director or Deputy
Director for Services or their authorized
representative;
If the approved adoptive applicant/s
declines/opposes the proposed placement of the
child with them as recommended by the CPC, a
written explanation within two (2) working days
after receipt of the notice on the result of
matching shall be secured by the adoption social
worker;
(v) Entrustment and Supervised Trial Custody shall
be the same process as stated under the Regional
Matching Procedure v-vi;

(vi) Children with special needs shall be presented
to the interregional matching conference only
once, except under special circumstances, and
shall be cleared for intercountry adoption.
In matching conferences involving children with
special needs, the social worker shall ensure that
the children with special needs are presented in a
non-discriminatory manner and that the social
worker has undergone the requisite sensitivity
trainings.
(vii) For cases of children not matched, the CPC shall
recommend the issuance of and intercountry
adoption clearance. Intercountry adoption
clearance shall only be issued by the Executive
Director or Deputy Director for Services or their
authorized representative based on a favorable
assessment and recommendation by the CPC.
D. STEP-PARENT ADOPTION
SECTION 39. Whose Consent is Necessary for Step-Parent Adoption.
— After being properly counseled and informed of the right to give or
withhold approval of the adoption, the written consent of the following to the
adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over, unless unable to
condition;
with said adopter or over whom the adopter exercises parental
authority unless unable to fully take care or protect himself or
herself from abuse, neglect, cruelty, exploitation, or
condition;
(d) The spouse, if any, of the adoptee; and
(e) The biological parents of a marital child to be adopted. For a
non-marital child only the consent of the mother is required.
SECTION 40. Documentary Requirements for Step-Parent Adoption.
— The PAP/s shall attach the following to the notarized Petition for Adoption
and shall submit the same to the RACCO:
(a) Child Case Study Report and Home Study Report or Social Case
Study Report, whichever is applicable under the circumstances,
duly prepared by an adoption social worker pursuant to the
provisions of the Act, which requires a uniform and standardized
format of the report;
(b) PSA copies of the birth record of the PAP/s and the child;
(d) NBI or Police Clearance or Court Clearances; If foreign national,
clearance from police authorities where he or she has lived for
more than twelve (12) months any time in the past fifteen (15)
years;
(e) PSA copy of the Death Certificate of the child's biological
(f) Written consent of the child ten (10) years of age or over;
over, of whom the PAP/s is living with or over whom PAP/s
exercises parental authority;
(i) Written consent to the adoption of the spouse of the PAP/s;
prepared within six (6) months prior to application;
the report;
(m) Letters attesting to the character and general reputation of the
(n) Recent close-up and whole-body pictures of the child and the
PAP/s taken within the last six (6) months; and

(o) Documents showing the financial capacity of the PAP/s.
SECTION 41. Procedure Specific for Step-Parent Adoption. — The
following procedure shall be observed in the adoption of a child by a step-
parent:
(a) Preparation of Social Case Study Report
A case study of the adoptee, biological parent/s as well as the
adopting step-parent shall be prepared by an adoption social
worker, the social service office of the LGU, or any child-placing
or child-caring agency or any NACC accredited agency.
The case study of the adopting parent/s shall focus on the
motivation and acceptance of his/her step-child. The willingness
of the child to be adopted and the assessment of the child's
relationship with the step-parent shall be considered.
Further, the case study of the prospective adopter shall ascertain
the genuine intention and that the adoption is in the best interest
of the child. If the adoption social worker determines that the
adoption shall redound to the best interest of the child, a
recommendation shall be made to the NACC through the RACCO
for the petition to be granted; otherwise, a denial thereof shall be
recommended.
The matching process is waived if the adoptee and the PAP/s
have been living together for not less than two (2) years.
(c) Issuance of Pre-Adoption Placement Authority (PAPA)
The PAP/s shall automatically be issued a PAPA without the need
of undergoing the matching process.
(d) Supervised Trial Custody (STC)
The STC may be waived in cases of step-parent adoption, as
assessed and recommended by the adoption social worker.
E. RELATIVE ADOPTION
SECTION 42. Whose Consent is Necessary for Relative Adoption. —
After being properly counseled and informed of the right to give or withhold
approval of the adoption, the written consent of the following to the adoption
are hereby required.
(a) The adoptee, if ten (10) years of age or over, unless unable to
condition;
condition; and
(d) The biological parents of a marital child to be adopted. For a
non-marital child only the consent of the mother is required.
SECTION 43. Documentary Requirements for Relative Adoption. —
The PAP/s shall attach the following to the notarized Petition for Adoption
and shall submit the same to the RACCO:
Study Report, whichever is applicable depending on the
circumstances, duly prepared by an adoption social worker
pursuant to the provisions of the Act, which requires a uniform
and standardized format of the report;
(b) PSA copy of the birth record of the PAP/s and the child;
(d) NBI or Police Clearance or Court Clearances. If a foreign
national, clearance from police authorities where he or she has
lived for more than twelve (12) months any time in the past
fifteen (15) years;
(e) Written consent to the adoption by the biological parent(s) or
the person(s) exercising substitute parental authority over the
child. If the child is a non-marital child, only the written consent
of the mother is required;
(f) Written consent of the child if ten (10) years of age or over;
over, with whom the PAP/s is living with or over whom the PAP/s
exercise parental authority;
(i) PSA copy of the Death Certificate of the child's biological
prepared within six (6) months prior to application;
the report;
(m) Child care plan with a list of at least three (3) temporary
custodians of the child in order of preference in case of death,
absence, or incapacity of the PAP/s;
(n) Letters attesting to the character and general reputation of the
(o) Recent close-up and whole-body pictures of the child and the
(p) Documents showing the financial capacity of the PAP/s.
SECTION 44. Procedure for Relative Adoption. — The following
procedure shall be observed in the adoption of a child by a relative:
A case study of the adoptee, the biological parents as well as the
adopters shall be prepared by an adoption social worker of the
social service office of the LGU, or any child-placing or child-
caring agency and or any NACC accredited agency.
The case study shall focus on the motivation of the adopting
relative and acceptance of the child. The willingness of the child
to be adopted and the assessment of the child's relationship with
the relative shall be considered.
Further, the case study of the prospective adopter shall ascertain
the genuine intention and that the adoption is in the best interest
of the child. If the adoption social worker determines that the
adoption shall redound to the best interest of the child, a
recommendation shall be made to the NACC through the RACCO
for the petition to be granted; otherwise, a denial thereof shall be
recommended.
The matching process is waived if the adoptee and the PAP/s
have been living together for not less than two (2) years.
The STC may be waived in cases of relative adoptions, as
assessed and recommended by the adoption social worker.
F. ADULT ADOPTION
SECTION 45. Whose Consent is Necessary for Adult Adoption. —
After being properly counseled and informed of the right to give or withhold
approval of the adoption, the written consent of the following to the adoption
is hereby required.
(a) The adoptee unless unable to fully take care or protect himself
or herself from abuse, neglect, cruelty, exploitation, or
condition;
condition;
condition; and
(d) The spouse, if any, of the person to be adopted.
SECTION 46. Documentary Requirements for Adult Adoption. — The
PAP/s shall attach the following to the notarized Petition for Adoption and
shall submit the same to the RACCO:
Study Report, whichever is applicable under the circumstances,
duly prepared by an adoption social worker pursuant to the
provisions of the Act, which requires a uniform and standardized
format of the report;
(b) PSA copy of the birth record of the PAP/s and the adoptee;
(d) NBI or Police Clearance or Court Clearances; If foreign national,
clearance from police authorities where he or she has lived for
more than twelve (12) months any time in the past fifteen (15)
years;
(e) Written consent of the adoptee;
(f) Written consent of marital and adopted children of PAP/s, ten
(g) Written consent of non-marital children, ten (10) years of age or
over, with whom the PAP/s is living or over whom the PAP/s
exercise parental authority;
(h) Written consent of the spouse, if any, of the adoptee;
(i) Letters attesting to the character and general reputation of the
(j) Recent close-up and whole-body pictures of the adoptee and the
(k) Documents showing that the adoptee has been consistently
considered and treated as their own child by the PAP/s for at least
three (3) years before reaching the age of majority.
SECTION 47. Procedure Specific for Adult Adoption. — The following
procedure shall be observed in the adoption of an adult consistently
considered and treated as own child by the adopters:
A case study of the adoptee, the biological parents as well as the
adopters shall be prepared by the adoption social worker of the
social service office of the LGU, or any child-placing or child-
caring agency or a NACC accredited agency.
At the time of preparation of the prospective adoptee's case
study, the concerned adoption social worker shall confirm with
the Philippine Statistics Authority (PSA) the real identity and
registered name of the prospective adoptee. If the birth of a
prospective adoptee was not registered with the PSA, it shall be
the responsibility of the said social worker to ensure that said
prospective adoptee is registered.
The focus of the case study report on the adult adoptee shall
affirm the harmonious and satisfactory parent-child relationship
between the adult adoptee and the adopter based on the
parental care provided during the adult adoptee's minority.
Further, the social case study of the prospective adopters shall
ascertain their genuine intentions and that the adoption is in the
best interest of the adoptee. If the adoption social worker
determines that the adoption is in the best interest of the
adoptee, a recommendation shall be made to the RACCO or the
NACC for the petition to be granted; otherwise, a denial thereof
shall be recommended.
Cases of adult adoption shall not undergo the matching process:
Provided, That the adult adoptee and the PAP/s have been living
in one household for not less than two (2) years.
The STC may be waived in cases of adult adoptions, as assessed
and recommended by the adoption social worker.
ARTICLE IV
Common Procedure
SECTION 48. Procedure/Remedy if Consent from Appropriate
Person/s Could Not be Secured . — Proof of efforts exerted must be attached
to the Petition in case the person required to give consent could not be
located despite diligent efforts have been exerted.
SECTION 49. Petition for Administrative Adoption. — A Petition for
Adoption shall be prepared and signed by the petitioners or PAP/s. The
services of a private counsel may be retained for this purpose.
The said petition shall state the facts necessary to establish the merits
of the petition. The petitioners must specifically allege that they are at least
twenty-five (25) years of age, in possession of full civil capacity and legal
rights; of good moral character; have not been convicted of any crime
involving moral turpitude; are emotionally and psychologically capable of
caring for children; are at least sixteen (16) years older than the adoptee and
are in a position to support and care for their children in keeping with the
means of the family and have undergone pre-adoption services. The petition
should also indicate the new name the petitioner wishes the child to have, if
any.
The petition shall be in the form of an affidavit and shall be subscribed
and sworn to by the petitioners before any person authorized by law to
administer affirmations and oaths.
No subsequent petition involving the same PAP/s shall be entertained
unless the prior petition has attained finality.
SECTION 50. Where to File the Petition . — The notarized petition
together with complete and original supporting documents shall be filed by
the petitioners with the RACCO of the city or municipality where the PAP/s
reside.
SECTION 51. Personal Appearance of PAP/s . — To further ascertain
fitness, good intentions, and sincerity of PAP/s, the RACCO shall require
PAP/s to personally appear before it at least twice during the application
period and on specific dates to be determined by the same.
SECTION 52. Publication . — Upon receipt by the RACCO of the
petition and its supporting documents, a copy of the petition shall be
published once a week for three (3) successive weeks in a newspaper of
general circulation.
SECTION 53. Administrative Adoption Process. — In all proceedings
for adoption, the NACC shall decide on the basis of all the documents
presented to it, as well as the evidence gathered during the personal
interviews conducted by the RACCO with the adoption social worker, PAP/s,
and the adoptee. There shall be no adversarial proceedings and all domestic
adoption cases shall be decided within sixty (60) calendar days from the
receipt of the Deputy Director for Services of the recommendation of the
RACCO on the petition.
The NACC, in the exercise of its quasi-judicial powers, shall observe
and comply with the following domestic administrative adoption process:
(a) Within fifteen (15) working days from the filing of the Petition for
Adoption by the PAP/s, the RACCO shall determine whether the
PAP/s have complied with the substantive and procedural
requirements for domestic adoption by extensively reviewing and
examining the petition and its supporting documents, as well as
conducting personal interviews with the adoption social worker,
the PAP/s, and the adoptee; Provided, That should the RACCO
require the PAP/s to submit additional information or documents,
the said fifteen (15)-day period shall be suspended;
(b) Should the RACCO find that the PAP/s sufficiently complied with
the requirements under the Act, it shall issue a certification
attesting to the same, render a recommendation on whether to
grant or deny the Petition for Adoption and forward the same to
the Deputy Director for Services within the said fifteen (15)-day
period, excluding the periods of suspension;
(c) The Deputy Director for Services, who may consult the CPC
consultants, as may be necessary, shall review the
recommendation of the RACCO within fifteen (15) working days
from receipt thereof and either:
1. return it to the RACCO for further examination with a
written explanation of its insufficiency, or
2. forward the Petition for Adoption to the Executive Director
for final approval.
(d) In case the petition is returned by the Deputy Director for
Services to the RACCO, the latter shall address the concerns
raised by the Deputy Director for Services within fifteen (15)
working days from receipt thereof;

(e) When the petition is forwarded by the Deputy Director for
Services to the Executive Director, the latter shall act and decide
on the recommendation within fifteen (15) working days from
receipt thereof. However, if within the fifteen (15)-day period, the
Executive Director finds that there is a need to return the petition
to the RACCO for submission of additional information and
documents or conduct further investigation, as may be
necessary, the action of the RACCO on the returned petition and
finally deciding on whether to grant or deny the petition by the
Executive Director should be settled within fifteen (15) working
days from the day the Executive Director returns the same to the
RACCO, except when the information and documents needed are
of such nature that cannot be easily obtained by the PAP/s.
(f) In cases when there is no decision on the petition within sixty
(60) calendar days from the receipt of the Deputy Director for
Services of the recommendation of the RACCO on the petition,
through no fault or negligence on the part of the PAP/s, the latter
may apply for a PAPA, if none has been issued yet, with the
Executive Director, through the RACCO, for the temporary
placement of the child;
(g) If the Executive Director returns the petition or documents for
further investigation to the RACCO, during the period that the
child is under the custody of the PAP/s, the child will remain with
the PAP/s, taking into consideration the child's best interests:
Provided, That if the Executive Director issues a denial of the
petition, the child will be immediately removed by the RACCO
from its temporary placement with the PAP/s.
SECTION 54. Objection to the Petition. — Any person who has
personal knowledge of any information, which by ordinary diligence could
not be discovered, and which when introduced and admitted, would result in
the denial of the petition and protect the child from possible harm or abuse
may, at any time before the issuance of the Order of Adoption, interpose an
objection to the petition and file a complaint supported by evidence to that
effect, with the NACC, through the RACCO where the petition was filed. The
complaint will be subjected to verification and further investigation.
SECTION 55. Order of Adoption. — If the NACC is convinced that
based on the petition and its supporting documents the adoption shall
redound to the best interest of the child or prospective adoptee, the NACC
through the Executive Director, shall issue an Order of Adoption.
The Order of Adoption which is a registrable civil registry document,
shall be issued stating the full name by which the child shall be known and
shall likewise direct the concerned Local Civil Registrar that:
(a) The original certificate of live birth of the adoptee shall be
sealed with the annotation that a new certificate of live birth has
been issued in its place which can be opened only upon order of
the NACC;
(b) A new certificate of live birth shall be issued attesting to the fact
that the adoptee is the child of the adopter by being registered
with the adopter's surname. The new certificate of live birth shall
not bear any notation that it is an amended issue; and
(c) To submit to the NACC proof of compliance with all the foregoing
within thirty (30) calendar days from receipt of the Order of
Adoption and Certificate of Finality.
A printed copy of the Order of Adoption shall be provided by the NACC
to the concerned parties (PAP/s, RACCO, LCR/s and PSA). To facilitate
transmission, the NACC may send it through courier, email, or other possible
means.
A Certificate of Finality shall be issued by the Executive Director after
the lapse of ten (10) calendar days from receipt of the Order of Adoption by
the concerned parties and no motion for reconsideration or appeal was
made. A copy of the Certificate of Finality shall also be provided to the
concerned parties.
The adopter shall submit a certified true copy of the Order of Adoption
and a Certificate of Finality to the Local Civil Registrar where the child was
originally registered within thirty (30) calendar days from receipt of the
Certificate of Finality.
The process for registration of the Order of Adoption must be in
accordance with the guidelines issued by the PSA.
If not made within the prescribed period, registration of the same shall
be considered late, in which case, the registrant shall execute an affidavit
showing the circumstances and reasons why the adoption was not reported
for registration within the prescribed period.
SECTION 56. Judicial Recourse. — A motion for reconsideration of an
Order of Adoption may be filed within fifteen (15) days from receipt of a copy
of the same. Upon denial of the motion for reconsideration, the interested
party has ten (10) days from receipt of the order of denial to file an appeal
before the Court of Appeals; otherwise, the same shall be final and
executory. Rule 43 of the 1997 Rules of Civil Procedure, as amended, shall
have suppletory application.
SECTION 57. Benefits of Adoptive Parents. — The adoptive parents
shall enjoy all the benefits entitled to biological parents, including benefits
that can be availed through the Social Security System (SSS), Government
Service Insurance System (GSIS), Department of Labor and Employment
(DOLE), Bureau of Internal Revenue (BIR), Philippine Health Insurance
Corporation (PhilHealth), Health Maintenance Organization (HMO) providers,
among others, or through other existing laws from the date, the Order of
Adoption was issued to the adoptive parent. Adoptive parents may avail of
paid maternity and paternity leaves as provided for under existing laws for
biological parents: Provided, That the leave benefits in this paragraph shall
only be availed of by the adoptive parents within one (1) year from the
placement of the child until the issuance of the Order of Adoption. Provided,
further, That the leave benefits in this paragraph shall not apply in cases of
adult adoptions, and in all cases where the adoptive child has been in the
care and custody of the adoptive parent for at least three (3) years before
the issuance of the Order of Adoption.
SECTION 58. Database of Orders Issued by the NACC. — The NACC
shall keep a database showing the date of issuance of the Order in each
case, compliance by the Local Civil Registrar with the preceding section, and
all incidents arising after the issuance of the Order of Adoption. This
database shall be governed by the provision in the succeeding section, as
well as the provisions of Republic Act No. 10173, otherwise known as the
"Data Privacy Act of 2012."
SECTION 59. Confidentiality of Administrative Adoption
Proceedings. — All petitions, documents, records, and papers relating to
administrative adoption proceedings in the files of the city or municipal
SWDOs, the RACCOs, the NACC, the DSWD, or any other agency or
institution participating in such proceedings shall be kept strictly
confidential. If the disclosure of certain information to a third person is
necessary for security reasons or for purposes connected with or arising out
of the administrative adoption and will be for the best interest of the
adoptee, the Executive Director of the NACC may, upon appropriate request,
order the necessary information released, restricting the purposes for which
it may be used and in accordance with the existing laws on data privacy.
In any event, the disclosure of any information shall only be allowed
upon the order of the Executive Director, based on the written request of the
adoptee or in the case of a minor adoptee, his or her legal guardian or the
adoptive parent, or upon order of any lawful authority.
Any violation of the confidential nature of the records above mentioned
shall be punishable pursuant to the penal provisions of the Act, Republic Act
No. 10173, or other relevant laws.
No copy thereof as well as any information relating thereto shall be
released without written authorization from the NACC or the written request
of any of the following:
(a) The adopted child, with appropriate guidance and counseling, or
a duly authorized representative, spouse, parent, direct
descendant, guardian, or legal institution legally in charge of the
adopted person, if minor;
(b) The court or proper public official whenever necessary in an
administrative, judicial, or other official proceedings to determine
the identity of the parent/s or of the circumstances surrounding
the birth of the adopted child; or
(c) The nearest kin, in case of death of the adopted child.
The NACC shall ensure that information held by them concerning the
origin of the adopted child, in particular the identity of the biological parents,
is preserved.

SECTION 60. Assistance to Indigent PAP/s. — Socialized fees may be
charged to those who avail of the administrative adoption proceedings under
the Act.
The Public Attorney's Office (PAO) shall provide free legal assistance
including notarization of documents related thereto whenever warranted for
qualified PAP/s.
ARTICLE V
Adoption of a Child with Simulated Birth Certificate
SECTION 61. Adoption of a Child with Simulated Birth Certificate. —
The Simulated Birth Rectification shall continue to be governed by the
processes laid down in R.A. No. 11222 and its IRR except for the following
amendments:
(a) In cases where the simulation of the child's certificate of live
birth was undertaken by a married couple, the child may continue
to use the surname of the purported father even if at the time the
petition was filed, the latter was already deceased;
(b) Under R.A. No. 11222, only the person/s indicated as parents in
the Simulated Certificate of Live Birth (SCOLB) could stand as
petitioner/s except in the following circumstances:
1. The purported "parents" are in fact not legally married;
2. The purported parent was single when the SCOLB was
registered but at the time of the Petition, she/he is already
married and the spouse is willing to adopt jointly.
SECTION 62. Mandatory Appearance. — The personal appearance of
the PAP/s and the child before the RACC Officer shall be likewise mandatory.
The RACC Officer shall prepare the recommendation on the petition not later
than thirty (30) working days upon receipt thereof.
SECTION 63. Transmittal of the Recommendation to the NACC. —
The RACC Officer shall endorse to the NACC the recommendation on the
Petition together with the original copy of the petition and its supporting
documents.
SECTION 64. Order of Adoption. — The Executive Director shall act
and decide on the petition within thirty (30) working days upon receipt of the
recommendation from the RACC Officer.
If the Executive Director determines that the adoption shall redound to
the best interest of the child, an Order of Adoption which is a registrable civil
registry document, shall be issued stating the full name by which the child
shall be known and shall likewise direct the concerned local civil registrar:
(a) To stamp "cancelled" the simulated certificate of live birth and
shall be sealed in the civil registry records which can be opened
only upon order of the NACC;
(b) To register the rectified certificate of live birth bearing the true
facts of birth of the child and shall be sealed in the civil registry
records which can be opened only upon order of the NACC;
(c) That the new certificate of live birth shall be issued attesting to
the fact that the adoptee is the child of the adopter by being
registered with the new name of the child and the adopter's
surname; and
(d) To submit to the NACC proof of compliance with all the
foregoing within thirty (30) calendar days from receipt of the
Order of Adoption.
A printed copy of the Order of Adoption shall be given by the NACC to
the concerned parties (PAP/s, RACCO, LCR/s and PSA). To facilitate
means.
concerned parties.
The Order of Adoption shall create a legal status to the existing parent-
child relationship of the PAP/s and the child. The legitimate filiation that is
created between the adopter and adoptee shall be extended to the
adopter/s' immediate family per Section 41 of the Act.
SECTION 65. Judicial Recourse. — A motion for reconsideration of an
Order of Adoption may be filed within fifteen (15) days from receipt of a copy
of the same. Upon denial of the motion for reconsideration, the interested
party has ten (10) days from receipt of the order of denial to file an appeal
before the Court of Appeals; otherwise, the same shall be final and
executory. Rule 43 of the 1997 Rules of Civil Procedure, as amended, shall
have suppletory application.
ARTICLE VI
Effects of Adoption
SECTION 66. Legitimacy. — 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.
SECTION 67. Parental Authority . — Upon issuance of the Order of
Adoption, the adoption shall cease as alternative child care and become
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 the spouses jointly adopt or one spouse adopts the legitimate
child of the other, joint parental authority shall be exercised by the spouses.
SECTION 68. Succession. — In testate and intestate succession, the
adopters and the adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation. However, if the adoptees and their
biological parents have left a will, the law on testamentary succession shall
govern.
SECTION 69. Retroactivity of the Adoption. — The effects of
adoption shall retroact to the date the Petition was filed.
ARTICLE VII
Post-Adoption Services
SECTION 70. Preliminaries to Adoption Telling . — The adoption
social worker of the PAP/s shall assist the adoptive parents in disclosing to
the child the story about the adoption at an age deemed proper by
psychosocial standards; Provided, That the actual disclosure regarding the
adoption shall be the duty of the adoptive parents.
SECTION 71. Search or Tracing of Biological Family . — Upon
reaching the age of majority, the assistance of the NACC, LGU, or the
concerned child-caring or child-placing agency may be sought to trace the
adoptee's biological family and eventually have a face-to-face meet-up. The
right of the adoptee to identity shall take precedence over any other
considerations; Provided, That the adoptee, adoptive parents, and biological
parents received adequate preparation from an adoption social worker
regarding the said meetup.
SECTION 72. After-care Monitoring and Submission of Report . —
Upon finalization of the adoption and the receipt of the amended certificate
of live birth of the child, the NACC shall monitor the parent-child relationship
to ensure that the adoption has redounded to the best interest of the child. A
Closing Summary Report shall be prepared by the adoption social worker and
submitted to the NACC after completing the after-care monitoring of the
adopters and adoptees after the one (1)-year period. Depending on the age
and circumstances of the child, the NACC may require additional visits or
reporting after the one-year period.
SECTION 73. Rescission of Administrative Adoption. — The adoption
may be rescinded only upon the notarized petition of the adoptee with the
NACC, or with the assistance of the LSWDO 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:
(a) Repeated physical or verbal maltreatment by the adopter
despite having undergone counseling;
(b) Attempt on the life of the adoptee;
(c) Sexual abuse or violence;
(d) Abandonment and failure to comply with parental obligations; or
(e) Death of the adopter during the minority of the adopted child,
thereby parental authority in favor of either the biological parents
or the NACC is restored and ensures that the adopted child, who
is still a minor, is not left to fend for himself/herself at a tender
age.
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.
SECTION 74. Venue for Filing of Petition for Rescission . — The
petition for rescission shall be filed with the RACCO where the adoptee
resides.
SECTION 75. Petition for Rescission . — Upon the existence of any
ground or grounds mentioned in Section 47 of the Act, the adoptee, or with
the assistance of the LSWDO, 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, the adoption social worker must file the petition for rescission of
adoption before the NACC.
The NACC shall also act on the petition for rescission of adoptions
granted/issued by courts prior to the effectivity of the Act.
SECTION 76. Order to Answer. — The NACC shall issue an order
requiring the adverse party to answer the petition for rescission within
fifteen (15) calendar days from receipt of a copy thereof. The order and copy
of the petition shall be served on the adverse party in such a manner as the
NACC may direct.
SECTION 77. Decision. — If the NACC finds that the allegations of
the petition for rescission are true, it shall render a decision ordering the
rescission of administrative adoption, with or without costs, as justice
requires. The NACC shall:
(a) Order that the parental authority of the biological parent of the
adoptee be restored, upon petition of the biological parents, and
if in the best interest of the child, if the adoptee is still a minor or
incapacitated, and declare that the reciprocal rights and
obligations of the adopter and the adoptee to each other shall be
extinguished. If the biological parent of the adoptee has not filed
a petition for restoration of parental authority or is not known, or
if restoring the parental authority over the adoptee is not in the
latter's best interest, the NACC shall take legal custody over the
adoptee if still a child;
(b) Declare that successional rights shall revert to their status prior
to adoption, as of the date of the decision. Vested rights acquired
prior to administrative rescission shall be respected;
(c) Order the adoptee to use the name stated in the original birth or
foundling certificate; and
(d) Order the Civil Registrar where the adoption order was
registered to seal the new certificate of live birth of the adoptee
and unseal the original and reinstate the original birth or
foundling certificate.
A printed copy of the Decision shall be given by the NACC to the
concerned parties (PAP/s, RACCO, LCR/s and PSA). To facilitate transmission,
the NACC may send it through courier, email, or other possible means.
the lapse of ten (10) calendar days from receipt of the Decision by the
concerned parties and no motion for reconsideration or appeal was made.
SECTION 78. Service of Decision. — A certified true copy of the
decision shall be served by the petitioner upon the Civil Registrar concerned
within thirty (30) calendar days. The Civil Registrar shall forthwith enter the
rescission order in the register and submit proof of compliance to the NACC
within thirty (30) calendar days from receipt of the order.
SECTION 79. Judicial Recourse. — A motion for reconsideration of
the Decision may be filed within fifteen (15) days from receipt of a copy of
the same. Upon denial of the motion for reconsideration, the interested party
has ten (10) days from receipt of the order of denial to file an appeal before
the Court of Appeals; otherwise, the same shall be final and executory. Rule
43 of the 1997 Rules of Civil Procedure, as amended, shall have suppletory
application.
SECTION 80. 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 minor. 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 seal the new
certificate of live birth and unseal the original certificate of live birth 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.
ARTICLE VIII
Procedure for Foster Care and Intercountry Adoption

SECTION 81. Procedure for Foster Care. — The procedure for Foster
Care shall continue to be governed by the processes laid down in the IRR of
R.A. No. 10165, as amended, particularly the venue for applications,
matching, and issuance and revocation of foster family care license and
foster placement authority, which shall now be under the NACC.
SECTION 82. Procedure for Intercountry Adoption. — The procedure
for Intercountry Adoption shall continue to be governed by the processes laid
down in the IRR of R.A. No. 8043, as amended, and Procedures and Work
Instruction Manual (PAWIM).
ARTICLE IX
Violations and Penalties
SECTION 83. Violations and Penalties. —
(a) The penalty of imprisonment ranging from six (6) years and one
(1) day to twelve (12) years or a fine of not less than Fifty thousand pesos
(P50,000.00), but not more than Two hundred thousand pesos
(P200,000.00), or both, at the discretion of the court shall be imposed on
any person who shall commit any of the following acts:
1. Obtaining consent for adoption through coercion, undue
influence, fraud, improper material inducement, or other similar
acts;
2. Non-compliance with the procedures and safeguards provided by
the law for adoption; or
3. Subjecting or exposing the child to be adopted to danger, abuse,
or exploitation.
(b) Any person who shall cause the registration of the birth of a
child under the name of a person who is not the child's biological parent shall
be guilty of simulation of birth and shall be imposed the penalty of
imprisonment from eight (8) years and one (1) day to ten (10) years and a
fine not exceeding Fifty thousand pesos (P50,000.00).
(c) Any physician, midwife, nurse, or hospital personnel who, in
violation of their oath of the profession, shall cooperate in the execution of
the abovementioned crime shall suffer the penalties herein prescribed as
well as the penalty of permanent disqualification from the practice of
profession following relevant prescriptions of the law and governing
authorities.
(d) Any person who shall violate established regulations relating to
the confidentiality and integrity of records, documents, and communications
of adoption petitions, cases, and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one (1) day to two (2) years, or
a fine of not less than Five thousand pesos (P5,000.00) but not more than
Ten thousand pesos (P10,000.00), or both, at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the
consummated offense under this Article shall be imposed upon the principals
of the attempt to commit any of the acts herein enumerated. Acts
punishable under this Article, when committed by a syndicate and where it
involves a child shall be considered as an offense constituting child
trafficking and shall merit the penalty of imprisonment from twenty (20)
years and one (1) day to forty (40) years.
Acts punishable under this Article are deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another in carrying out any of the unlawful acts
defined under this Article.
An offender who is a foreign national shall be deported immediately
after service of sentence and perpetually denied entry to the country.
Any government official, employee, or functionary who shall be found
guilty of violating any of the provisions of the Act, or who shall conspire with
private individuals shall, in addition to the above-prescribed penalties, be
penalized in accordance with existing civil service laws, rules and
regulations; Provided, That upon the filing of a case, either administrative or
criminal, said government official, employee, or functionary concerned shall
automatically be suspended until the resolution of the case.
Under the Act, the adoption discrimination acts, including labelling,
shaming, bullying, and negative stigma, among others, are prohibited. Any
person who shall commit said adoption discrimination acts shall be penalized
with a fine of not less than Ten thousand pesos (P10,000.00) but not more
than Twenty thousand pesos (P20,000.00), at the discretion of the court.
ARTICLE X
Final Provisions
SECTION 84. Information Dissemination. — The NACC, in
coordination with the DILG, Department of Education (DepEd), Department
of Justice (DOJ), Department of Health (DOH), Council for the Welfare of
Children (CWC), Philippine Information Agency (PIA), Civil Service
Commission (CSC), Government Service Insurance System (GSIS),
Association of Child Caring Agencies in the Philippines (ACCAP), Leagues of
Cities and Municipalities of the Philippines, NGOs focused on child care, and
the media, shall disseminate to the public information regarding the Act and
these IRR and ensure that alternative child care and adoption are portrayed
on mass media truthfully and free from stigma and discrimination.
The PIA shall strive to rectify mass media portrayals that adopted
children are inferior to other children and shall enjoin the Kapisanan ng mga
Brodkaster ng Pilipinas, all print media, and various social media platforms
to disseminate positive information on adoption.
The DOH shall ensure that hospital workers are knowledgeable on the
adoption process and the criminal liability attached to the act of simulating
birth records.
SECTION 85. Inclusion of Adoption and Alternative Child Care in the
Elementary School Curriculum. — In order to promote public acceptance, the
DepEd shall ensure that adoption and alternative child care is included in the
curriculum of Edukasyon sa Pagpapakatao.
SECTION 86. Inclusion of Adoption and Alternative Child Care in
Child-Friendly Local Governance Audit . — The DILG is hereby mandated to
include adoption and alternative child care as among the criteria/indicators
in the Child-Friendly Local Governance Audit.
SECTION 87. Transitory Clause . — All judicial petitions for domestic
adoption pending in court upon the effectivity of the Act may be immediately
withdrawn, and parties to the same shall be given the option to avail of the
benefits of the Act. Upon the effectivity of the Act and during the pendency
of the establishment of the NACC, the functions relating to foster care,
issuance of CDCLAA, and adoptions under Republic Act No. 11222 shall
remain with the DSWD, specifically, its Program Management Bureau (PMB).
In relation to domestic administrative adoption and intercountry
adoption processes, a transition team composed of the DSWD and the ICAB
shall act as the NACC. The ICAB Executive Director shall sit as Chairperson of
the transition team, assisted by the DSWD-PMB Director as the Vice-
Chairperson, Personnel of the DSWD involved in adoption services may be
seconded to the transition team during the three (3)-year period. During this
period, social workers already working with adoption cases may continue to
perform all duties assigned to adoption social workers in accordance with the
provisions of the Act.
The functions of the RACCO shall, during the three (3)-year period, be
performed by the DSWD field offices (FOs), specifically the Adoption
Resource and Referral Units (ARRU) therein. The transition team shall
provide technical assistance and policy guidance to personnel of the FOs in
handling cases. A transition team shall be created from the DSWD and the
ICAB to ensure non-disruption of performance of functions and continued
smooth delivery of services during the migration of all alternative child care
functions and services to the NACC.
During the transition period, all Orders of Adoption issued and signed
by the ICAB Executive Director as chairperson of the transition team, upon
the recommendation of its members, shall be approved by the Secretary of
the DSWD, or his/her representative in the ICAB Board, within a period of ten
(10) days from the issuance of said order; Provided, That if no action was
taken by either the Secretary or his/her representative in the ICAB Board
during the prescribed period, the Order of Adoption shall be deemed
approved.
Upon the establishment of the NACC not later than three (3) years from
the effectivity of the Act, all applications, submissions, and petitions
involving child care, including the pre-adoption and post-adoption services,
pending before the PMB and the ICAB shall be immediately forwarded to the
NACC, which shall perform its functions and powers under the Act.
Thereafter, the appropriate personnel of the ICAB and the DSWD involved in
alternative child care services shall be permanently transferred to the NACC.
The relevant offices in the regional offices of the DSWD involved in
alternative child care shall, hereafter, be converted into RACCOs.
SECTION 88. Procedure for Adoption Cases Withdrawn from the
Court. — Petitions for domestic adoption filed in court and duly withdrawn by
the PAP/s shall be filed with the RACCO. The Petition must include an order
from the court approving the withdrawal of the petition for adoption and for
the release of the records including the original documents to the lawyer or
PAP/s for the latter to endorse the file to RACCO. The following procedures
shall be followed:
(a) Upon receipt of the Petition and the records, the RACCO social
worker may require submission of an updated Social Case Study
Report of the child/adoptee, PAP/s, as the case may be, from the
PAP/s within fifteen (15) working days from receipt of the request
from the RACCO. The PAP/s shall secure said updated Social Case
Study Report from an adoption social worker.
A review and examination of the Petition and its supporting
documents for completeness and accuracy of information shall
be done within fifteen (15) working days. The RACCO social
worker may request the PAP/s to submit additional documents as
may be necessary, such as certificates of publication to prove the
facts alleged in the Petition. While the PAP/s are complying with
the submission of additional documentary requirements, the
running of the 15-day period shall be suspended.
(b) If the Petition is found to be complete and sufficient, the RACCO
social worker shall assess the case. The report shall be endorsed
to the RACC Officer who shall then render a recommendation on
whether to grant or deny the Petition for Adoption to the NACC.
The Petition with the complete set of documents shall then be
transmitted to the NACC within five (5) working days upon receipt
by the RACC Officer of the Petition.
Provided, That, if the RACCO assesses that the adoption will not
be for the best interest of the child, the RACCO shall immediately
recommend to the NACC the denial of the petition and
consequently, cause the immediate removal of the child from the
PAP/s.
(c) Upon receipt of the Petition with supporting documents, the
NACC through its assigned social worker shall review and
examine the Petition and its supporting documents for
completeness and accuracy of information as stated in the
Petition and Social Case Study Report. The NACC may consult
with the CPC as necessary, and determine, within fifteen (15)
working days, to either:
1. return the Petition, if found incomplete, for further
examination by the RACCO and with a written explanation
of its insufficiency; or
2. forward the same to the Executive Director for final
approval of the recommendation of grant or denial thereof.
In case the Petition is returned to the RACCO, the latter shall
address the concerns raised within fifteen (15) working days from
the date of receipt;
(d) Any person who has personal knowledge of any information,
which by ordinary diligence could not be discovered, and which
when introduced and admitted, would result in the denial of the
Petition and protect the child from harm or abuse may, at any
time during the supervised trial custody or before the issuance of
the Order of Adoption, interpose an objection to the Petition and
file a complaint supported by evidence to that effect, with the
NACC, through the RACCO where the Petition was filed. The
complaint will be subjected to verification and further
investigation.
(e) The NACC social worker shall prepare the Order of Adoption or
Denial and forward the same to the NACC Executive Director, who
shall sign and issue the same within fifteen (15) working days.
The Order of Adoption or Denial shall be endorsed to the
Secretary of the DSWD for approval. If no action was taken by the
DSWD Secretary or his representative within ten (10) calendar
days from receipt of the endorsement, the Order of Adoption or
Denial shall be deemed approved.
However, if within the fifteen (15)-working day period, the
Executive Director finds that there is a need to return the Petition
to the RACCO for submission of additional information and
documents or conduct further investigation, as the case may be,
the action thereon by the RACCO and the final decision by the
Executive Director whether or not to grant the Petition shall be
within fifteen (15) working days from the day of the return of the
Petition to the RACCO, except when the requirements needed are
of such nature that cannot be easily obtained by the PAP/s.
(f) The Order of Adoption obtained under the Act shall indicate the
name by which the child shall be known. The Order of Adoption
shall also include an order for the Local Civil Registrar of the
place where the adoptee was registered that:
1. The original certificate of live birth of the adoptee shall be
sealed with the annotation that a new certificate of live
birth has been issued in its place which can be opened only
upon order of the NACC;
2. A new certificate of live birth shall be issued attesting to
the fact that the adoptee is the child of the adopter by
being registered with the adopter's surname. The new
certificate of live birth shall not bear any notation that it is
an amended issue; and
3. To submit to the NACC proof of compliance with all the
foregoing within thirty (30) calendar days from receipt of
the Order of Adoption and Certificate of Finality.
A printed copy of the Order of Adoption shall be provided by the NACC
to the concerned parties (PAP/s, RACCO, LCR/s and PSA). To facilitate
means.
concerned parties.
SECTION 89. Designation of the Second Week of June as Adoption
and Alternative Child Care Week . — The second week of June of every year
shall be designated as Adoption and Alternative Child Care Week.
SECTION 90. Saving Clause. — Nothing in the Act or these IRR shall
affect any right of an adoptee acquired by judicial proceeding or otherwise
before the commencement of the Act.
SECTION 91. Separability Clause. — If any provision or part of these
IRR is declared unconstitutional or invalid, the remaining parts or provisions
not affected shall remain in full force and effect.
SECTION 92. Repealing Clause . — All rules and regulations, orders,
resolutions, and parts thereof that are inconsistent with the provisions of this
Rule are hereby repealed or modified accordingly.
SECTION 93. Effectivity Clause. — These IRR shall take effect fifteen
(15) days after publication in a newspaper of general circulation or in the
Official Gazette; Provided, That three (3) certified true copies have been filed
with the University of the Philippines Law Center's Office of the National
Administrative Register (UPLC-ONAR).
Approved in the City of Manila, this 28th day of June 2022.
(SGD.) ROLANDO JOSELITO D. BAUTISTA

Secretary
Department of Social Welfare and Development
(SGD.) GLENDA D. RELOVA

Executive Director
National Authority for Child Care
MENARDO I. GUEVARRA
Secretary
Department of Justice
(SGD.) CLAIRE DENNIS S. MAPA

National Statistician
Philippine Statistics Authority
(Signed by representative)
LEONOR MAGTOLIS BRIONES
Secretary
Department of Education
EDUARDO M. AÑO
Secretary
Department of the Interior and Local Government
(SGD.) SILVESTRE H. BELLO III

Secretary
Department of Labor and Employment
(SGD.) FRANCISCO T. DUQUE III

Secretary
Department of Health
(SGD.) LUCENA M. FLORES

National President
Philippine Association of Civil Registrars, Inc.
(SGD.) ERIC B. DISTOR

Officer-in-Charge
National Bureau of Investigation
(SGD.) EMERITO L. ROJAS

Executive Director
National Council on Disability Affairs
(SGD.) TRICIA CLARE A. OCO

Executive Director
Juvenile Justice and Welfare Council
DANTE A. GIERRAN
President and Chief Executive Officer
Philippine Health Insurance Corporation
(SGD.) TEODORO L. LOCSIN, JR.

Secretary
Department of Foreign Affairs
ROLANDO L. MACASAET
President and General Manager
Government Service Insurance System
MICHAEL G. REGINO
President and Chief Executive Officer
Social Security System
(SGD.) JOSE C. CALIDA

Solicitor General
Office of the Solicitor General
(SGD.) MARIA LOURDES FUGOSO-ALCAIN

Executive Director
Council for the Welfare of Children
(SGD.) GWENDOLYN LI. PIMENTEL-GANA

President
Association of Child Caring Agencies of the Philippines
(SGD.) GLADY Q. BUNAO

Executive Director
Kaisahang Buhay Foundation
The IRR was a result of a series of Public Consultations during the month of
May-June, 2022.

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What are the objectives of the Act and IRR?

What are the objectives of the Act and IRR?

What are the policies being declared by the State regarding children?

What are the policies being declared by the State regarding children?

June 28, 2022

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11642,

Pursuant to Section 59 of Republic Act No. 11642, also known as the

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(SGD.) ROLANDO JOSELITO D. BAUTISTA

(SGD.) GLENDA D. RELOVA

(SGD.) CLAIRE DENNIS S. MAPA

(SGD.) SILVESTRE H. BELLO III

(SGD.) FRANCISCO T. DUQUE III

(SGD.) LUCENA M. FLORES

(SGD.) ERIC B. DISTOR

(SGD.) EMERITO L. ROJAS

(SGD.) TRICIA CLARE A. OCO

(SGD.) TEODORO L. LOCSIN, JR.

(SGD.) JOSE C. CALIDA

(SGD.) MARIA LOURDES FUGOSO-ALCAIN

(SGD.) GWENDOLYN LI. PIMENTEL-GANA

(SGD.) GLADY Q. BUNAO

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