Section 4. Definition of Terms.

– As used in this (d) Adoption

Act:
(a) Abandoned Child - socio-legal process of
providing a permanent family
- no proper parental care or to a child whose
guardianship
- parents had voluntarily or
- a foundling, involuntarily given up their
parental rights,
- deserted by one’s parents for a
period of at least three (3) - permanently transferring all
continuous months, and rights and responsibilities,
along with filiation, making
- has been declared as such by the child a legitimate child of
the NACC the adoptive parents:

(b) Abandoned Filipino Child in - Provided, that adult adoption

Foreign Country shall be covered by the benefits
of this Act;
- refers to an unregistered or
undocumented child found - Adoption shall cease to be part
outside the Philippine of alternative child care and
territory, becomes parental care as soon
as the process is completed.
- with known or unknown facts
of birth, separated from or
deserted by the biological (e) Adoption Para-Social Worker
Filipino parent guardian, or
custodian for a period of at least - refers to an unregistered and
three (3) continuous months unlicensed social work
practitioner who ideally has
- committed to a foreign three (3) years of experience
orphanage or charitable in handling alternative child
institution or in a temporary care or adoption cases, or both;
informal care,
(f) Adoption Social Worker
- declared as such by the NACC,
upon recommendation of the - refers to an individual who is
Office of the Social Welfare registered and licensed by
Attaché (OSWA) of the the Professional Regulation
Department of Social Welfare Commission (PRC), in
and Development (DSWD), or accordance with Republic Act
the Department of Foreign No. 9433, otherwise known as
Affairs (DFA) the “Magna Carta for Public
Social Workers” and who
(c) Actual Custodian ideally has three (3) years of
experience in handling
- guardian or spouses who raised alternative child care or
a child or person and adoption cases, or both.
consistently treated the child
as their own; - In the event that an adoption
social worker is not available,
 adoption para-social worker legally available for adoption
shall be allowed to render the after the fact of abandonment
services required: or neglect has been proven
through the submission of
- Provided, That only duly pertinent documents,
registered and licensed social
workers shall sign and submit - or one who was voluntarily
the pertinent documents; committed by the child’s
parents or legal guardians;

(g) Alternative child care

(j) Certificate Declaring a Child
- refers to the provision of Legally Available for Adoption
planned substitute parental (CDCLAA)
care to a child who is
orphaned, abandoned, - refers to the final written
neglected, or surrendered, by a administrative order issued
child-caring or child-placing by the NACC declaring a child
agency. to be abandoned and
neglected, and committing
- Includes foster care, kinship such child to the care of the
care, family-like care, and NACC through a foster parent,
residential care; guardian, or duly licensed child-
caring or child-placing agency.

(h) Child - The rights of the biological

parents, guardian, or other
- refers to a person below custodian to exercise authority
eighteen (18) years of age or over the child shall cease upon
a person eighteen (18) years issuance of the CDCLAA;
of age or over but who is
unable to fully take care or
protect himself or herself from (k) Child-caring agency
abuse, neglect, cruelty,
exploitation, or discrimination - refers to a duly licensed and
because of physical or accredited agency by the DSWD
psychosocial disability or that provides twenty-four (24)-
condition: hour residential care services
for abandoned, orphaned,
- Provided, That for the purpose neglected, or voluntarily and
of this Act, where relevant, a involuntarily committed
child shall also refer to an children;
adult son, daughter, or
offspring; (l) Child case study report refers to a
written report prepared by an
adoption social worker containing
(i) Child Legally Available for all the necessary information about
Adoption (CLAA) a child, including the child’s legal
status, placement history, past and
- refers to a child in whose favor present biopsychosocial and
a certification was issued by spiritual aspects, case background,
the NACC that such child is ethno-cultural background, and
 biological family background or (p) Domestic adoption refers to an
history; administrative adoption proceeding
(m) Child-placing agency refers to a where the Order of Adoption is
private nonprofit or charitable or issued within the Philippines and is
government agency duly licensed undertaken between a Filipino child
and accredited agency by the DSWD and eligible adoptive parents;
to provide comprehensive child
welfare services including receiving (q) Foreign national refers to any
and processing of petitions, for person who is not a Filipino citizen;
adoption and foster care, evaluating
the prospective adoptive parents (r) Foster care refers to the provision
(PAPs) or foster parents, preparing of planned temporary substitute
the child case study report and parental care to a child by a foster
home study report; parent;

(n) Child Placement Committee (CPC) (s) Foster child refers to a child placed
refers to the committee under the under foster care;
supervision of the Deputy Director
for Services composed of a child (t) Foster parent refers to a person,
psychiatrist or psychologist, a duly licensed by the NACC, to
medical doctor, a lawyer, an provide foster care;
adoption social worker, a
representative of nongovernmental (u) Foundling refers to a deserted or
organization (NGO) engaged in abandoned child of unknown
child welfare, and any other parentage and whose date or
professional as may be needed, to circumstances of birth on Philippine
provide the necessary assistance in territory are unknown and
reviewing petitions for adoption; undocumented. This shall also
include those with the above
(o) Deed of Voluntary Commitment circumstance of birth during their
(DVC) infancy and/or childhood, and have
reached the age of majority without
- refers to the notarized benefiting from adoption
instrument relinquishing procedures;
parental authority and
committing the child to the (v) Home study report refers to a
care and custody of the NACC written report prepared by an
or child-placing or child-caring adoption social worker relative to
agency, executed by the child’s the motivation and capacity of the
biological parents or by the prospective adoptive or foster
child’s legal guardian in their parents to provide a home that
absence, mental incapacity or meets the needs of a child;
death, to be signed in the
presence of an authorized (w) Inter-country adoption refers to
representative of the NACC, the socio-legal process of adopting a
after counseling and other child by a foreign national or a
services have been made Filipino citizen habitually a resident
available to encourage the outside Philippine territory which
child’s biological parents or complies with the principles stated
legal guardian to keep the child; in the Hague Convention of 1993;
(x) Involuntarily committed child (cc) Placement refers to the physical
refers to one who has been entrustment of the child with the foster
permanently deprived of parental parent or to the adoptive parents;
authority due to: abandonment; (dd) Post-adoption services refer to
substantial, continuous, or psychosocial services and support
repeated neglect; abuse or services provided by adoption social
incompetence to discharge parental workers after the issuance of the Order
responsibilities, of known or of Adoption by the NACC or Final
unknown parents; Decree of Adoption or its equivalent;
(ee) Pre-Adoption Placement Authority
(y) Local Social Welfare Development (PAPA) refers to the matching
Officer (LSWDO) committee organized by the NACC,
through the RACCO, that is tasked to
- refers to a person who is a duly deliberate the regional and
licensed social worker and interregional matching of children
appointed by the local chief legally available for adoption and
executive to head the approved prospective adoptive parents;
provincial, city, or municipal (hh) Relative refers to someone other
social welfare development than family members, within fourth
office which serves as the (4th) degree of consanguinity or
frontline of the local affinity;
government unit (LGU) in the
delivery of social welfare and (ii) Simulation of birth record refers to
development programs and the tampering of the civil registry to
services; make it appear in the record of birth
that a child was born to a person who
(z) Matching refers to the judicious is not such child’s biological mother,
selection from the regional or causing the loss of the true identity and
interregional levels of a family status of such child;
for a child based on the child’s
needs and best interest as well as (jj) Social case study report refers to the
the capability and commitment of report prepared by the adoption social
the adoptive parents to provide worker on the PAP’s capacity to raise
such needs and promote a mutually the child; the social agency efforts to
satisfying parent-child relationship; locate the child’s biological parents or
relatives; interventions given to the
(aa) Neglected child refers to a child child and the family; and the adoption
whose physical and emotional social worker’s assessment of the case.
needs have been deliberately It shall include both the child case study
unattended or inadequately report and the home study report;
attended within a period of three (kk) Social worker refers to a licensed
(3) continuous months. A child is practitioner by the PRC who, by
unattended when left without the academic training and social work
proper provisions or proper professional experience, possesses the
supervision; skill to achieve the objectives as defined
(bb) Petition refers to the duly and set by the social work profession,
accomplished application from for the through the use of the basic methods
foster case or adoption, including the and technique of social work (case
social case study report and its work, group work, and community
supporting documents from an organization) which are designed to
authorized or accredited agency or enable individuals, groups and
central authority; communities to meet their needs and to
 solve the problems of adjustment to a The Department of Budget and Management
hanging pattern of society and, through (DBM), in coordination with the ICAB and the
coordination with an organized social DSWD, shall formulate a cohesive
work agency which is supported organizational structure with corresponding
partially or wholly from government or plantilla positions responsive to fulfill the
community solicited funds; functions and divisions of the NACC as
(ll) Step-parent refers to a parent who stipulated under this Act.
is married to the mother or father of a Section 6. Jurisdiction of the NACC. – The NACC
child, but who is not that child’s shall have the original and exclusive jurisdiction
biological mother or father; over all matters pertaining to alternative child
(mm) Supervised trial custody (STC) care, including declaring a child legally available
refers to the period of time after the for adoption; domestic administrative adoption;
placement of a child in an adoptive adult adoption; foster care under Republic Act
home whereby an adoption social No. 10165, otherwise known as the “Foster Care
worker helps the adoptive family and Act of 2012”; adoptions under Republic Act No.
the child in the adjustment process to 11222, otherwise known as the “Simulated
facilitate the legal union through Birth Rectification Act”; and inter-country
adoption; adoption under Republic Act No. 8043,
(nn) Support refers to everything otherwise known as the “Inter-Country
indispensable for the full and Adoption Act of 1995”. The NACC shall also have
harmonious development of the child, the authority to impose penalties in case of any
including sustenance, dwelling, violation of this Act.
clothing, medical attention, and Section 7. Composition of the NACC. – The NACC
education, in keeping with the financial shall be composed of a Council and a
capacity of the family; and Secretariat.
The Council shall be composed of the Secretary
(oo) Voluntarily committed child of the DSWD as ex officio chairperson and six
refers to the one whose parent or legal (6) other members, who are to be appointed by
guardian knowingly and willingly the President for a nonrenewable term of six (6)
relinquished parental authority to years: Provided, That there shall be appointed
the NACC, the DSWD, or any duly one (1) psychiatrist or psychologist, two (2)
accredited child-placing or child-caring lawyers who shall have at least the
agency or institution. qualifications of a Regional Trial Court (RTC)
judge, one (1) registered social worker, and two
(2) representatives from NGOs engaged in
ARTICLE II child-caring and child-placing activities.
NATIONAL AUTHORITY FOR CHILD CARE The members of the Council shall receive a
reasonable per diem allowance for each
Section 5. National Authority for Child Care meeting attended.
(NACC). – The Inter-Country Adoption Board The Council shall act as the policy-making body
(ICAB) is hereby reorganized to a one-step for purposes of carrying out the provisions of
quasi-judicial agency on alternative child care, this Act and shall formulate child welfare
known as the National Authority for Child Care policies which shall constantly adjust to ongoing
(NACC), attached to the DSWD. studies on alternative child care. En banc, it
shall serve as Appeals Committee for contested
All duties, functions, and responsibilities of denials of petitions issued by the Executive
the ICAB, the DSWD, and those of other Director or the Deputy Director for Services.
government agencies relating to alternative The Secretariat shall implement and execute
child care and adoption are hereby policies on alternative child care pursuant to
transferred to the NACC. the provisions of this 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 (c) Facilitate, act, and resolve all matter
another one (1) for administration and finance relating to inter-country adoption,
with the rank of Assistant Secretary. pursuant to Republic Act No. 8043;
The Deputy Director for Services shall, pursuant (d) Facilitate, act, and resolve all
to the provisions of this Act, assist the Executive matters relating to foster care pursuant
Director in the supervision and monitoring of to Republic Act No. 10165;
the overall process for alternative child care, (e) Facilitate, act and resolve all matters
including declaring a child legally available for relating to the rectification of simulated
adoption, domestic, and inter-country adoption, birth pursuant to Republic Act No.
foster care, residential care, family-like care, 11222;
and kinship care, as well as the provision of (f) Supervise and control the following
child and family welfare services. acts to be performed by the RACCO
The NACC may hire professionals and various under the provisions of this Act;
experts, who shall form part of the CPC to be (g) Determine action on petitions for
composed of a child psychiatrist or adoption, foster care, and other forms of
psychologist, a medical doctor, a lawyer, an alternative child care that been filed
adoption social worker, a representative of an through and processed by the RACCOs;
NGO engaged in child welfare, and any other (h) Set standards and guidelines on
professionals, as may be needed, to provide the adoption including pre- and post-legal
necessary assistance to the Deputy Director for adoption services;
Services and Executive Director in reviewing (i) Convene an Independent Appeals
petitions for adoption. Committee whenever necessary to be
The Deputy Director for Administration and composed of professionals and experts
Finance shall be in charge of human resource from its CPC, to resolve appeals filed by
development and management, property and interested parties involving denials of
logistics management, assets and financial petitions at the RACCO level;
management, and other administrative support (j) Act as the central authority in matter
services. relating to inter-country adoption and
Section 8. Functions of the NACC. – The NACC shall act as the policy-making body for
shall ensure that the petitions, and all other purposed of carrying out the provisions
matters involving alternative child care, of this Act, including Republic Act No.
including the issuance of CDCLAA, and the 8043, in consultation and coordination
process of domestic and inter-country adoption, with the DSWD-OSWA, DFA, the
foster care, kinship care, family-like care, or different child care and placement
residential care are simple, expeditious, and agencies, adoptive agencies, as well as
inexpensive, and will redound to the best NGOs engaged in child care and
interest of the child involved. placement activities, specifically the
Towards this end, the NACC Council shall act as functions under Section 4 of the
the policy-making body and when convened as aforementioned law;
such, as an en banc appeals committee for (k) Determine, in coordination with the
contested denials of petitions issued by the DFA or the OSWA, procedures for
Executive Director or the Deputy Director for suitable alternative care of Filipino
Services, while the NACC Secretariat shall be children stranded abroad, including
responsible for the following key functions: countries not party to the Hague
(a) Act and resolve petitions for the Convention or have no diplomatic
issuance of CDCLAA as provided under relations with the Philippines;
this Act; (l) Ensure that inter-country adoption
(b) Facilitate, act, and resolve all will not be pursued until all possible
matters relating domestic domestic placement of the child has
administrative adoption as provided in been exhausted;
this Act;
(m) Conduct national information (w) Formulate and develop policies for
dissemination and advocacy campaign programs and services relating to the
on alternative child care; process of adoption, foster care, kinship
(n) Establish clear programs to keep care, family-like care, or residential
children with their biological families care; and
wherever possible; (x) Enforce this Act and its IRR, as well
(o) Assess the progress and identify as perform all other functions necessary
gaps in the implementation of this Act to carry out the objectives of this Act
and come up with policy and other related laws, such as Republic
recommendations; Act No. 8043 and Republic Act No.
(p) Keep records of all adoption, foster 10165 toward the simple, expeditious,
care, and other alternative child care and inexpensive process relating to
cases, and provide periodic information foster care, issuance of CDCLAA,
and reports on the performance of the domestic administrative adoption, and
agency; inter-country adoption, and all other
(q) Conduct research on adoption, forms of alternative care, that would
foster care, and other alternative child redound to the best interest of the child.
care policies or in related fields to
further improve and strengthen the Section 9. Regional Alternative Child Care Office
office programs and services and for (RACCO). – There shall also be a Regional
policy formulation and development; Alternative Child Care Office (RACCO) created
(r) Provide technical assistance and for each region of the country, which shall be
conduct capability-building activities to headed by a Regional Alternative Child Care
all concerned agencies and (RACC) officer.
stakeholders; The RACCO is tasked to ensure a well-
(s) Determine and impose functioning system of receipt of local petitions
administrative fees; for CDCLAA and adoption, and other requests
(t) In partnership with the Department regarding alternative placement and well-being
of the Interior and Local Government of children.
(DILG), provide the necessary support The RACCO shall have dedicated personnel who
and technical assistance to LGUs, shall exclusively handle each of the following:
especially the Local Council for (a) Issuance of the CDCLAA;
Protection of Children (LCPC), who are (b) Domestic administrative adoption;
among the first responders to cases of (c) Inter-country adoption;
child abandonment and voluntary (d) Foster care;
commitment, on matters related to (e) All other forms of alternative care
alternative child care processes and including family-like care, kinship care,
engage them during the pre-adoption and residential care; and
process; (f) Rectification of simulated birth
(u) Build linkages and partnerships pursuant to Republic Act No. 11222.
with independent and private entities There shall be an RCPC installed in each RACCO
such as licensed and accredited child- which shall be supervised by the RACC officer. It
caring institutions, foundations, and shall be composed of a multidisciplinary group
social worker groups to ease the burden including a child psychiatrist or psychologist, a
on the government to monitor all medical doctor, a member of the Philippine
petitions; Bard, an adoption social worker and a
(v) Impose fines or penalties for any representative of an NGO involved in child
noncompliance with or breach of this welfare: Provided, That no member of the group
Act, its implementing rules and shall have relations with the child or PAP being
regulations (IRR), and the rules and matched.
regulations which it promulgates or
administers;
Section 10. Appointments and Staffing Upon petition filed with the NACC, the parents
Patterns. – The DBM, in coordination with the or legal guardian who voluntarily committed a
ICAB and DSWD, shall create the organizational child may recover legal custody and parental
structure and staffing patterns necessary for the authority from the agency or institution to
performance of functions of the which such child was voluntarily committed
NACC: Provided, That officers and employees when it shown to the satisfaction of the NACC
holding permanent appointments shall be given that the parents or legal guardian is in a
preference for appointment to the new position to adequately provide for the needs of
positions in the approved staffing pattern the child: Provided, That the petition for
comparable to their former positions. restoration is filed within three (3) months after
Provided, further, That existing plantilla items in the signing of the DVC.
the ICAB and DSWD which are dedicated to In the case of foundlings, the CDCLAA shall be
alternative child care and adoption shall be issued by the Executive Director within three
transferred to the NACC. (3) months following the issuance of the child’s
Provided, finally, That no new employees shall foundling certificate or birth certificate
be hired until all permanent officers and Section 12. Who May File a Petition for
employees have been appointed, including CDCLAA. – The Head or Executive Director of a
temporary and casual employees who possess licensed or accredited child-caring or child-
the necessary qualification requirements, placing agency or institution managed by the
among which is the appropriate civil service government, PGU, NGO, or provincial, city, or
eligibility, for permanent appointment to municipal social welfare development officer
positions in the approved staffing pattern, in (SWDO) who has actual custody of the minor
case there are still positions to be filled, unless may file a petition before the NACC, through the
such positions are policy-determining, RACCO, for the issuance of a CDCLAA. If the
primarily confidential or highly technical in child is under the custody of any other
nature. individual, the child-caring or child-placing
Qualifications of all appointees shall be in agency or institution shall do so with the
accordance with civil service rules and consent of the child’s custodian.
regulations. The existing Adoption Resource Section 13. Petition for CDCLAA. – The petition
and Referral Unit (ARRU) of the DSWD shall shall be in the form of an affidavit, subscribed
now function as the RACCOs for each region of and sworn to before any person authorized by
the country under the NACC. law to administer oaths.
It shall contain facts necessary to establish the
ARTICLE III merits of the petition and shall state the
DECLARATION OF A CHILD LEGALLY circumstances surrounding the abandonment,
AVAILABLE FOR ADOPTION neglect, voluntary commitment of the child, or
discovery of the foundling.
Section 11. Declaration of Availability for The petition shall be supported by the following
Adoption of Involuntarily Committed Child and documents:
Voluntarily Committed Child. – The CDCLAA in (a) Social case study report made by the
case of an involuntarily committed child RACCO, LGU, licensed or accredited
under Article 141, paragraph 4(a) and Article child-caring or child-placing agency or
142 of Presidential Decree No. 603 shall be institution charged with the custody of
issued by the NACC within three (3) months the child;
following such involuntary commitment. (b) Proof that efforts were made to
locate the parents or any known
In case of voluntary commitment as relatives of the child. The following
contemplated in Article 154 of Presidential shall be considered sufficient;
Decree No. 603, the CDCLAA shall be issued by (1) Written certification from a
the Executive Director within three (3) months local or national radio or
following the filing of the DVC, as signed by the television station that the case
parents with the NACC.
 was aired on three (3) different If the RACCO finds that the petition is
occasions; insufficient, the case shall be put on hold and
(2) Publication in one (1) the petition shall be returned to the petitioner
newspaper of general for compliance with the additional information
circulation to be shouldered by or documents requested by the RACCO.
the petitioner: Provided, That
publication can be dispensed Within fifteen (15) working days after the
with in the case of step-parent completion of its posting, the RACCO shall
and relative adoption; render a recommendation and transmit a
(3) Police report or barangay copy of such recommendation, together with
certification from the locality the records, to the Executive Director.
where the child was found, or a
certified copy of tracing report Section 15. Declaration of Availability for
issued by the Philippine Red Adoption. – Upon finding merit in the petition,
Cross national headquarters the Executive Director shall issue a CDCLAA
(NHQ) or social service division, within seven (7) working days from receipt of
which states that despite due the recommendation, unless further
diligence, the child’s parents investigation or additional information or
could not be found; documents are needed to determine the merits
(4) Returned registered mail to of the petition. A copy of the CDCLAA shall be
the last known address of the transmitted to the petitioner and all interested
parents or known relatives, if parties known to the Executive Director.
any; or in the case of a Section 16. Opposition to the Petition for
voluntarily committed child, the CDCLAA. – In cases of abandoned, neglected
DVC signed by the biological children, and foundlings, if the biological
parent; parents, relatives or legal guardian of the child
(5) Birth certificate, if available; appear and oppose the issuance of the CDCLAA,
and prior to its issuance, the case shall be put on
(6) Recent photograph of the hold and the RACCO, Deputy Director for
child and photograph of the Services, or Executive Director, depending on
child upon abandonment or where the case is pending for review at the time
admission to the agency or the petition is opposed, shall direct the handling
institution. adoption social worker to immediately
investigate and request for a Parenting
Section 14. Procedure for the Filing of the Capability Assessment Report (PCAR) from the
Petition for CDCLAA. – The petition shall be filed LGU where the biological parents, relatives, or
in the RACCO where the child was found, legal guardian reside.
abandoned, voluntarily committed, or Within fifteen (15) working days after the
discovered. issuance of the PCAR, the handling adoption
social worker shall render a recommendation
The RACCO shall immediately examine the on whether to grant or deny the opposition of
petition and its supporting documents, if the biological parents, relatives, or legal
sufficient in form and substance, and shall guardian of the child.
authorize the posting of the notice of the Within fifteen (15) working days after the
petition in a conspicuous place for five (5) receipt of the handling adoption social worker’s
consecutive days in the locality where the recommendation, the RACCO, Deputy Director
child was found, abandoned, voluntarily for Services, or Executive Director shall decide
committed, or discovered, and in social media on the merits of the petition.
platforms or other online platforms of the NACC
and the concerned LGU. Section 17. Appeal. – The decision of the NACC
shall be appealable to the Court of Appeals
within ten (10) days from receipt of the Order
by the interested party, otherwise the same and seminars on adoption, among
shall be final and executory. others, shall be provided to resolve
possible adoption issues and to prepare
Section 18. Certification. – The CDCLAA issued them for effective parenting.
by the NACC Executive Director shall be, for all Adoption telling shall be one of the
intents and purposes, the best evidence that the central themes of the sessions, forums,
child is legally available in a domestic adoption or seminars to equip the PAPs with the
proceeding: and in an inter-country adoption ability to divulge the adoption to the
proceeding, as provided in Republic Act No. adoptee in a manner that will
8043. strengthen the parent-child
relationship.
Section 19. Counseling Services. – It shall be the As a proven helpful practice, adoption
duty of the NACC, through the RACCO, child- shall be disclosed to the child as early as
caring or child-placing agencies, as well as the possible by the adoptive
city, municipal, or barangay social workers, parents: Provided, That disclosure of
when appropriate, to provide necessary and adoption shall be mandatory before the
appropriate counseling services by adoption adoptee reaches the age of thirteen (13)
social workers to the following: years old. An adoption social worker
(a) Biological Parents – Counseling shall must conduct adoption-themed
be provided to the biological parents activities to such children, which will
before and after the birth of the child. inculcate the positive aspects of
No binding commitment to an adoption adoption in their young minds.
plan shall be permitted before the birth
of the child. Section 20. Biological Parent Search. – It shall
In all proceedings for adoption, the be the duty of the NACC, LGU, or the child-
NACC shall require proof that the placing or the child-caring agency, which has
biological parents have been properly custody of a child to exert all efforts using tri-
counseled to prevent them from making media and any other possible means to locate
hurried decisions caused by strain or the biological parents of the child and seek their
anxiety to give up the child, and to consent. If such effort fail, the child shall, if
sustain that all measures to strengthen applicable, be registered as a foundling and
the family have been exhausted and subsequently be the subject of administrative
that any prolonged stay of the child in proceedings where said child shall be declared
own how will be inimical to child abandoned: Provided, That if the adoptee is an
welfare and interest. adult, the biological parent search is at the
A period of three (3) months shall be discretion of the adoptee.
allowed for the biological parents to
reconsider any decision to relinquish a Section 21. Who May Adopt. – The following
child for adoption before the decision may adopt:
becomes irrevocable. (a) Any Filipino citizen at least
Counseling and other appropriate social twenty-five (25) years of age, who
service interventions and services shall is in possession of full civil
also be offered to the biological parents capacity and legal rights; has not
after the child has been relinquished for been convicted of any crime
adoption. involving moral turpitude; is of
Steps shall be taken by the NACC to good moral character and can
ensure that no hurried decisions are model the same; is emotionally
made and all alternatives for the child’s and psychologically capable of
future and the implications of each caring for children; at least sixteen
alternative have been provided. (16) years older than the adoptee;
(b) Prospective Adoptive Parents and who is in a position to support
(PAPs) – Counseling sessions, forums, and care for adopted children in
 keeping with the means of the degree of consanguinity or
family: Provided, That the affinity of the Filipino spouse.
requirement of sixteen (16)-years Spouses shall jointly adopt,
difference between the age of the except in the following cases:
adopter and the adoptee may be (a) If one spouse seeks
waived when the adopter is the to adopt the legitimate
biological parent of the adoptee, child of the other; or
or is the spouse of the adoptee’s (b) If one spouse seeks
parent; to adopt own
illegitimate
(b) The legal guardian with respect to child: Provided, That the
the ward after the termination of the other spouse has
guardianship and clearance of signified consent
financial accountabilities; thereto; or
(c) The legal guardians with respect (c) If the spouses are
to the foster child; legally separated from
(d) Philippine government officials each other.
and employees deployed or stationed
abroad: Provided, That they are able to Section 22. Who May Be Adopted. – The
bring the child with them; and following may be adopted:
(e) Foreign nationals who are (a) Any child who has been issued a
permanent or habitual residents of CDCLAA;
the Philippines for at least five (5) (b) The legitimate child of one spouse
years possessing the same by the other spouse;
qualifications as above stated for (c) An illegitimate child by a qualified
Filipino nationals prior to filing of the adopter to improve status of
petition: Provided, That they come from legitimacy;
a country with diplomatic relations (d) A Filipino of legal age if, prior to the
with the Republic of the Philippines adoption, said person has been
and that the laws of the adopter’s consistently considered and treated by
country will acknowledge the the adopters as their own child for a
Certificate of Adoption as valid, period of at least three (3) years;
acknowledge the child as a legal child of (e) A foster child;
the adopters, and allow entry of the (f) A child whose adoption has been
child into such country as an previously rescinded;
adoptee: Provided, further, That (g) A child whose biological or
requirements of residency may be adoptive parents have
waived for the following: died: Provided, That no proceedings
(1) A former Filipino citizen, shall be initiated within six (6) months
habitually residing in the from the time of death of said parents;
Philippines, who seeks to adopt or
a relative within fourth (4th) (h) A relative of the adopter.
civil degree of consanguinity or
affinity; or Section 23. Whose Consent is Necessary to the
(2) One who seeks to adopt the Adoption. – After being properly counseled and
legitimate child of the Filipino informed of the right to give or withhold
spouse; or approval of the adoption, the written consent of
(3) One who is married to a the following to the adoption are hereby
Filipino citizen and seeks to required:
adopt jointly with the spouse a (a) The adoptee, if ten (10) years of
relative within the fourth (4th) age or over;
 (b) The biological parents of the of the child if at least ten (10) years old,
child, if known, or the legal guardian, signed in the presence of an adoption
or the proper government social worker of the NACC or child-
instrumentality which has legal custody caring agency, or of the child-placing
of the child, except in the case of a agency for cases where the child is from
Filipino of legal age if, prior to the a foster home, after proper counseling
adoption, said person has been as prescribed in this Act;
consistently considered and treated (f) Authenticated or security paper
as their own child by the adopters for copies of the Death Certificate of
at least three (3) years; biological parents, as applicable;
(c) The legitimate and adopted (g) Original copy of CDCLAA, as
children, ten (10) years of age or applicable;
over, of the adopters, if any; (h) Result of the recent medical
(d) The illegitimate children, ten (10) evaluation of the child and the PAPs;
years of age or over, of the adopter if (i) Mandatory result of the
living with said adopter or over whom psychological evaluation of the PAPs;
the adopter exercises parental authority (j) Mandatory result of the
and the latter’s spouse, if any; and psychological evaluation of the child, for
(e) The spouse, if any, of the person children five (5) years old and above;
adopting or to be adopted. (k) Child care plan with a list of at least
Provided, That children under ten (10) three (3) temporary custodian of the
years of age shall be counseled and child in order of preference in case of
consulted, but shall not be required to death, absence or incapacity of the
execute within consent. PAPs;
(l) Letter attesting to the character and
Section 24. Documentary Requirements. – The general reputation of the PAPs from at
PAPs shall attach the following to the Petition least three (3) non-related character
for Adoption and shall submit the same to the references, of whom one must
RACCO: preferably come from an employer or
(a) Home study report and child case supervisor or with who the PAPs have
study report duly prepared pursuant to business dealings. The contact details of
the provisions of this Act, which the person attesting must be so
requires a uniform and standardized indicated in the letter;
format of the report; (m) Recent close-up and whole-body
(b) Authenticated or security paper pictures of the child and the PAPs taken
copies of birth record of the PAPs and within the last six (6) months; and
the child; (n) Documents showing the financial
(c) Authenticated or security paper capacity of the PAPs.
copies of Marriage Certificate, if the The NACC shall formulate and produce official,
PAPs are married; or Court Decision or uniform, and standard forms of the foregoing
Certificate of Finality, if annulled, documentary requirements that will be easily
divorced or legally separated; used and submitted by the PAPs for their
(d) National Bureau of Investigation Petition for Domestic Adoption.
(NBI) or Police Clearance; If foreign The documentary requirements previously
national, clearance from police submitted to the NACC for other child care
authorities where he or she lived for services may be considered and admitted for
more than twelve (12) months any time domestic administrative adoption, if
in the past fifteen (15) years; applicable: Provided, That the adoption social
(e) Written consent to the adoption by worker of the NACC, LGU, and child-caring or
the biological parent(s) or the person(s) child-placing agencies are nor precluded from
exercising substitute parental authority asking for additional documents as may be
over the child and the written consent
necessary as proof of the facts alleged in the
petition or to establish a factual claim.

ARTICLE V
EFFECTS OF ADOPTION

Section 41. Legitimacy. – the adoptee shall be

considered the legitimate child of the
adopter for all intents and purposes and as
such in entitled to all the rights and
obligations provi
ded 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 42. Parental Authority. – Upon

issuances of the Order of Adoption, adoption
shall cease as alternative care and becomes
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 spouses jointly adopt or one spouse
adopts the legitimate child of the other, joint
parental authority shall be exercised by the
spouses.

Section 43. Succession. – In testate and intestate

succession, the adopters and the adoptee
shall have reciprocal rights of succession
without distinction from legitimate
filiations. However, if the adoptees and their
biological parents have left a will, the law on
testamentary succession shall govern.