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 the rights and responsibilities, along with filiation, making the child legitimate child of the
Adoptive Parents: Provided, That adult adoption shall also be covered by the benefits of this Act. In the interest of clarity, adoption shall cease to
be part of Alternative Child Care and become Parental Care as soon as the process is completed (R.A. No. 116242, Sec. 4 (d)).

DOMESTIC INTER-COUNTRY ADOPTION

Definition refers to an administrative adoption proceeding It may also be defined as the socio-legal process of adopting a
where the Order of Adoption is issued within the child by a foreign national or a Filipino citizen habitually a
Philippines and is undertaken between a Filipino resident outside Philippine territory
child and eligible adoptive parents;
Authorize agency Section 6. Jurisdiction of the NACC. – The Inter-Country Adoption Board, the Central Authority and main
NACC shall have the original and exclusive policy-making body under RA 8043, has been reconstituted into
jurisdiction over all matters pertaining to the National Authority for Child Care (NACC), an attached
alternative child care, including declaring a child agency with quasi-judicial functions under the Department of
legally available for adoption; domestic
Social Welfare and Development (DSWD). All duties, functions,
administrative adoption
and responsibilities of the ICAB, the DSWD, and other
government agencies relating to alternative child care and
adoption have been transferred to NACC (Sec. 5, RA 11642).
Jurisdiction ; A: 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;
● Adult Adoption;
● Foster Care under Republic Act No. 10165 (Foster Care Act of
2012);
● Adoptions under Republic Act No. 11222 (Simulated Birth
Rectification Act); and
● Inter-Country Adoption under Republic Act No. 8043 (Inter-
Country Adoption Act of 1995) (Sec. 6, RA 11642)
CDCLAA : It is a document signed by the NACC Executive
Director and shall be, for all intents and purposes,
the best evidence that the Child is legally available
for both domestic and Inter-Country Adoption,
administratively declaring the Child legally
available for adoption (Sec. 11, RA 11642).
WHO MAY ADOPT? a. Any Filipino Citizen; Any foreign national or Filipino citizen permanently residing
b. at least twenty-five (25) years of age; abroad who has the qualifications may file an application if
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 the rights and responsibilities, along with filiation, making the child legitimate child of the
Adoptive Parents: Provided, That adult adoption shall also be covered by the benefits of this Act. In the interest of clarity, adoption shall cease to
be part of Alternative Child Care and become Parental Care as soon as the process is completed (R.A. No. 116242, Sec. 4 (d)).

c. in possession of full civil capacity and legal rights; he/she: ●

d. of good moral character and can model the Is at least twenty-seven (27) years of age and is at least sixteen
same; (16) years older than the Child to be adopted at the time of the
e. has not been convicted any crime involving filing of the application, unless the applicant is the parent by
moral turpitude; nature of the Child to be adopted or is the spouse of such parent
f. emotionally and psychologically capable of caring by nature;
for children; ● Has the capacity to act and assume all the rights and
g. in a position to support and care for adopted responsibilities incidental to parental authority under his/her
children in keeping with the means of the family; national law;
h. at least sixteen (16) years older than the ● Has undergone appropriate counseling from an accredited
adoptee counselor in his/her country;
● Has not been convicted of a crime involving moral turpitude;
○ The requirement of sixteen-year difference ● Is eligible to adopt under his/her national law;
between the age of the adopter and the adoptee ● Can provide the proper care and support and give the
may be waived when the adopter is the biological necessary moral values to the Child and,
parent of the adoptee, or is the spouse of the ● Comes from a country with whom the Philippines has
adoptee's parent (R.A. No. 11642, Sec. 21). diplomatic relations, and whose government maintains a foreign
adoption agency; and whose laws allow adoption;
● If married, files jointly with his/her spouse, if any, who shall
have the same qualifications and none of the disqualifications to
adopt as prescribed above (Sec. 30, IRR of RA 8043).

WHO MAY BE a. Any child who has been issued a Certification : The following may be adopted:
ADOPTED Declaring a Child Legally Available for Adoption ● Any Child who has been issued a Certificate Declaring a Child
(CDCLAA); Legally Available for Adoption;
b. The legitimate child of one spouse by the other ● The marital child of one spouse by the other spouse
spouse; ● An illegitimate child by a qualified adopter to improve status
c. An illegitimate child by a qualified adopter to of legitimacy;
improve status of legitimacy; ● A Filipino of legal age, if prior to the adoption, said person has
d. A Filipino of legal age if, prior to the adoption, been consistently considered and treated by the adopters as
said person has been consistently considered and their own Child prior to reaching the age of majority for a period
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 the rights and responsibilities, along with filiation, making the child legitimate child of the
Adoptive Parents: Provided, That adult adoption shall also be covered by the benefits of this Act. In the interest of clarity, adoption shall cease to
be part of Alternative Child Care and become Parental Care as soon as the process is completed (R.A. No. 116242, Sec. 4 (d)).

treated by the adopters as their own child for a of at least three (3) years prior to the filing of the petition;
period of at least three (3) years; ● A child whose adoption has been previously rescinded;
e. A foster child; ● A foster child who has been declared as legally available for
f. A child whose adoption has been previously adoption;
rescinded; ● A child whose adoption has been previously rescinded;
g. A child whose biological or Adoptive Parents ● A child who cannot be placed with any local adoptive family in
have died; and the Philippines and the DSWD has already issued an Inter-
h. A relative of the adopter (R.A. No. 11642, Sec. Country Adoption (Clearance);
22).
● A Filipino child with special needs whom the concerned
government agencies are having some difficulty finding
placement for due to physical, psychological or social
limitations; and
● A Filipino child who is to be adopted by a relative within the
4th degree of consanguinity or affinity.
(Sec. 26, IRR of RA 8043; Sec. 31 of IRR)
WHERE TO FILE
ADOPTION
PROCEEDING

WHEN MAY BE Grounds for Rescission. - Upon petition of the

RESCIND adoptee, with the assistance of the city or
municipal SWDO or the DSWD if a minor or if
over eighteen (18) years of age but is
incapacitated, the adoption may be rescinded on
any of the following grounds committed by the
adopter:

(a) Repeated physical or verbal

maltreatment by the adopter;

(b) Attempt on the life of the adoptee;

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 the rights and responsibilities, along with filiation, making the child legitimate child of the
Adoptive Parents: Provided, That adult adoption shall also be covered by the benefits of this Act. In the interest of clarity, adoption shall cease to
be part of Alternative Child Care and become Parental Care as soon as the process is completed (R.A. No. 116242, Sec. 4 (d)).

(c) Sexual assault or violence;

(d) Abandonment and failure to comply

with parental obligations; or

(e) Other acts that are detrimental to the

psychological and emotional
development of the adoptee.

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.

ADOPTION Domestic Adoption Procedure Inter-Country Adoption Procedure

PROCEDURE
1. Case Study Requirement: 1. Filing the Application:
o by an adoption social worker, o Applications to adopt a Filipino child can be
covering the adoptee, biological submitted to either:
parents, and prospective  The Philippine Regional Trial Court with
adoptive parents (PAPs). jurisdiction over the child.
o The social worker verifies the  The Board through an accredited agency
adoptee’s identity with the in the adoptive parents' country.
Philippine Statistics Authority o Required documents (translated into English)
(PSA) and ensures the child is include:
legally available for adoption.  Birth certificates of applicants.
2. Matching Process:  Marriage contracts and divorce decrees
o A matching process occurs 30 (if applicable).
 Written consent from biological or
days after a child is declared
adopted children over ten.
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 the rights and responsibilities, along with filiation, making the child legitimate child of the
Adoptive Parents: Provided, That adult adoption shall also be covered by the benefits of this Act. In the interest of clarity, adoption shall cease to
be part of Alternative Child Care and become Parental Care as soon as the process is completed (R.A. No. 116242, Sec. 4 (d)).

legally available. Approved  Medical evaluations by licensed

PAPs are matched with children professionals.
during regional matching  Financial documentation (e.g., income
conferences. tax returns).
o Certain cases (e.g., step-parent,  Police clearance.
relative, adult adoptions) bypass  Character references from community
this process if the child has lived members.
with the PAPs for at least two  Recent photos of applicants and their
years. families.
3. Personal Appearance:
o PAPs must appear before the 2. Family Selection/Matching:
Regional Adoption and Child o A child cannot be matched with foreign
Care Office (RACCO) at least adoptive parents unless it is proven that local
twice to confirm their fitness adoption is not possible.
and intentions. o The Board issues a clearance, and when ready,
4. Pre-Adoption Placement Authority transmits a Placement Authority to the
authorized inter-country adoption agency.
(PAPA):
Adoptive parents must personally fetch the child
o Once matched, PAPs may
in the Philippines.
receive PAPA for supervised
trial custody (STC), allowing for
3. Pre-Adoptive Placement Costs:
an adjustment period of up to six
o Adoptive parents cover costs related to the
months.
child's transportation, including travel expenses,
5. Filing the Petition:
passport, visa, medical exams, and psychological
o Following a satisfactory STC,
evaluations.
PAPs file a Petition for
Adoption, which must include
4. Fees and Charges:
specific personal details and o Fees collected by the Board are used solely for
affirmations. processing inter-country adoption applications
6. Administrative Adoption Process: and supporting its activities.
o The NACC processes petitions
within 60 days, assessing 5. Supervision of Trial Custody:
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 the rights and responsibilities, along with filiation, making the child legitimate child of the
Adoptive Parents: Provided, That adult adoption shall also be covered by the benefits of this Act. In the interest of clarity, adoption shall cease to
be part of Alternative Child Care and become Parental Care as soon as the process is completed (R.A. No. 116242, Sec. 4 (d)).

compliance through o The agency responsible for the application

documentation and interviews. oversees a trial custody period of six months
o If approved, an Order of after placement.
Adoption is issued, leading to a o During this time, the adopting parents submit
new birth certificate and civil progress reports on the child's adjustment,
registry adjustments. which are considered for the adoption decree.
7. Confidentiality: o The Department of Foreign Affairs monitors the
o All adoption records are trial custody and ensures the repatriation of any
confidential, with disclosures child whose adoption is not approved.
regulated to protect the best
interests of the adoptee. 6. Executive Agreements:
8. Legal Recourse and Benefits: o The Department of Foreign Affairs, upon the
o Adoptive parents can appeal Board’s request, prepares agreements with
denials and enjoy benefits foreign countries to uphold adoption
similar to biological parents, safeguards.
including social security
benefits and leave entitlements.
9. Assistance for Indigent PAPs:
o Socialized fees may be applied,
and legal assistance is provided
for qualified PAPs through the
Public Attorney’s Office.