Introduction

With the enactment of Republic Act No. 11642, or the “Domestic Administrative Adoption and Alternative Child Care Act” which took effect on January 28, 2022, the adoption process is now easier, having transitioned from a judicial to an administrative framework. It repeals, among other laws, Republic Act No. 8552, or the "Domestic Adoption Act of 1998."

There are key differences between R.A. No. 11642 and its predecessor, R.A. No. 8552. Unlike R.A. No. 8552, which required court intervention for adoption, R.A. No. 11642 places the process under the jurisdiction of the National Authority for Child Care (“NACC”). This change makes the adoption process more efficient and less costly — eliminating lengthy court hearings and reducing the overall duration of the adoption process.

Who Are Allowed to Adopt

Under R.A. No. 11642, the following individuals are eligible to adopt:

1. Filipino citizens who are at least 25 years old and possess full civil capacity meeting the qualifications enumerated under this law;
2. The legal guardian with respect to the ward after the termination of the guardianship and clearance of financial accountabilities;
3. The legal guardians with respect to the foster child;
4. Philippine government officials and employees deployed or stationed abroad: Provided, That they are able to bring the child with them; 
5. Foreign nationals who are permanent or habitual residents of the Philippines for at least five years, meeting the same qualifications as Filipino nationals, subject to specific conditions.

Who Can Be Adopted

The law allows for the adoption of:

1. Any child who has been issued a CDCLAA or a Certificate Declaring a Child Legally Available for Adoption;
2. The legitimate child of one spouse by the other spouse;
3. An illegitimate child by a qualified adopter to improve status of legitimacy;
4. 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 for a period of at least three (3) years;
5. A foster child;
6. A child whose adoption has been previously rescinded;
7. A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents; or
8. A relative of the adopter.

Where to File a Petition

The petition together with complete and original supporting documents shall be filed by the petitioners with the RACCO of the city or municipality where the PAPs reside.

Conclusion

Filing for a petition for domestic adoption is now easier. You might want to know if you or someone you know is qualified to adopt or can be adopted. There are other factors to consider such as getting the consent of certain persons in certain cases. Even if is no longer filed before the courts, it is best to ask a lawyer to assist in the filing of a petition for adoption.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on whether you are qualified to adopt or any concerns regarding adoption, consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm that provides assistance in matters concerning civil registration, adoption, and family law. For consultations: book an appointment or reach us at  +63 (32) 316-1540 or +63 917 188 0361.