DOMESTIC

ADMINISTRATIVE
ADOPTION
AND ALTERNATIVE
CHILD CARE ACT
(RA 11642)
WHAT TO DO:

1)Refresher: RA 8552/Rule on Adoption

2)RA 11642
3)DSWD Memo Circular No. 3, Series of
2022
4)OCA Circular No. 163-2022
I. RA 8552
AND THE RULE
ON ADOPTION
 True or False

1. A petition for adoption shall be filed in the family court

of the place where the adoptee resides.
 True or False

2. A Filipino citizen must at least be 25 years

old before he/she can adopt a child.
 True or False

3. The requirement of 16 years difference between

the age of the adopter and adoptee is absolute.
 True or False

4. Husband and wife shall jointly adopt if

one spouse seeks to adopt the legitimate
child of one spouse by the other spouse.
 True or False

5. Before issuance of the decree of adoption, the court

shall give the adopter trial custody of the adoptee for a
period of at least six (6) months within which the parties
are expected to adjust psychologically and emotionally to
each other and establish a bonding relationship.
 Procedure
1) Petition
2) Order – a) finding the petition to be sufficient in form and substance; b)
directing the Social Worker to conduct the Child Case Study and Home Study; c)
setting the date and place of the hearing; d) directing the publication of the Order
3) Hearing
4) Supervised Trial Custody, if applicable
5) Decision/Decree of Adoption
 II. DOMESTIC
ADMINISTRATIVE
ADOPTION
AND ALTERNATIVE CHILD
CARE ACT (R.A. 11642)
OBJECTIVES

STREAMLINED SERVICES
 Creation of the National Authority for Child
Care (NACC)

Original and Exclusive Jurisdiction:

- Alternative child care

- Declaring a child legally available for adoption
- Domestic adoption
- Adoptions under RA 11222
- Inter-country adoption
- Foster care, kinship care, family-like care or
residential care
1)Inter-Country Adoption
Board (ICAB)
2)DSWD
3)Other government agencies
relating to alternative child
care and adoption

Note: Transfer within 3 years period

 Composition of the Council

1) DSWD Secretary-Chairperson
2) One (1) psychiatrist/psychologist
3) Two (2) lawyers who shall have at the least the qualifications of a
Regional Trial Court Judge
4) One (1) registered Social Worker
5) Two (2) representatives from NGOs engaged in child-caring and
child-placing activities
 Composition of the Secretariat

1) Executive Director
2) Deputy Director for Services
3) Deputy Director for Administration and Finance
 Regional
Alternative Child
Care Office
(RACCO)
 Regional 1) Child psychiatrist/psychologist
2) Medical doctor
Alternative Child 3) Member of the Philippine Bar
4) Social Worker
5) Representative from the NGO
Care Office involved in child welfare

(RACCO)
Who may
adopt?
I.
1) Filipino citizen
2) At least 25 years of age
3) In possession of full civil capacity and legal right
4) Must not have been convicted of any crime involving moral turpitude
5) Has good moral character
6) Emotionally and psychologically capable of caring for children
7) At least 16 years older than the adoptee, and this requirement may be waived: a) when
the adopter is: a) biological parent of the adoptee; or, b) spouse of the adoptee’s parent
II. Legal guardian
III. Foster parent
IV. Philippine government officials and employees deployed
or stationed abroad
V. Foreign nationals
Requirements for a foreign national:
1)Resident for 5 years
2)Same qualifications as Filipino national
3)Must 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 Certificate of Adoption as valid, acknowledge the child as a legal child of the adopters, and allow entry of the child into such
country as an adoptee, and provided further that the requirements of residency may be waived for the following: a) a former Filipino citizen habitually residing in the Philippines, who seeks to adopt a relative within the 4 th civil degree of consanguinity or affinity; b) one who seeks to
adopt the legitimate child of the spouse; c) one who is married to a Filipino citizen and seeks to adopt jointly with the spouse a relative within the 4 th civil degree of consanguinity or affinity of the Filipino spouse.
EXCEPTIONS TO THE JOINT ADOPTION OF SPOUSES:

1. A spouse seeking to adopt the legitimate child of the

other;

2. A spouse seeking to adopt own illegitimate child,

provided that the other spouse has signified his consent;

3. Spouses who are legally separated from each other

 LEGAL CAPACITY

FINANCIAL CAPACITY PHYSICAL WELL-BEING

MORAL FITNESS PSYCHOLOGICAL WELL-BEING

WHO MAY BE ADOPTED?

A CHILD WHO HAS BEEN ADULT TREATED AS THE CHILD WHOSE BIOLOGICAL
ISSUED A CDCLAA ADOPTERS’ CHILD (3 YEARS) PARENTS DIED

LEGITIMATE CHILD OF ONE CHILD WHOSE ADOPTION RELATIVE OF THE ADOPTER

SPOUSE HAS BEEN RESCINDED

ILLEGITIMATE CHILD OF FOSTER CHILD

THE QUALIFIED ADOPTER
Whose consent is
necessary to the
adoption?
1)Adoptee – 10 years old
2)Biological parents of the child
3)Legitimate and adopted children of the adopters – 10 years old
4)Illegitimate children of the adopter – 10 years old/living with said adopter or over whom
adopter exercises parental authority
5)Spouse of the person adopting or to be adopted

Note: Child under 10 years of age shall be counselled and consulted, but shall not be required to
execute written consent
Documentary
Requirements
1)Home Study Report and Child Case Study Report
2)Certificate of Live Birth of the PAP and the child
3)Marriage Certificate of the PAP
4)NBI or Police Clearance
5)Written consent
6)Death Certificate of biological parents
7)CDCLAA, if applicable
8)Mandatory result of the medical evaluation of the PAP and the child
9)Mandatory result of the psychological evaluation of the PAP
10)
Mandatory result of the psychological evaluation of the child if 5 years old and above
11)
Child care plan
12)
Letter of 3 non-related character references
13)
Recent close-up and whole body pictures of the child and PAP taken within the last 6 months
14)
Documents showing financial capacity of the PAP
PROCEDURE
Matching Process
Personal Appearance
of PAP
 Pre-Adoption
Placement Authority
 Supervised
Trial Custody
 Petition for
Administrative
Adoption
WHAT IS THE FORM OF THE PETITION FOR ADOPTION?

AFFIDAVIT SUBSCRIBED AND SWORN TO BY

PETITIONER/S

STATE FACTS NECESSARY TO ESTABLISH

MERITS
 Venue:
Where the
PAP resides
 Where to appeal
-1o days from the
Order or denial
of the MR
- Rule 43
Confidentiality
 Effects
of Adoption
1) Legitimacy
2) Parental
Authority
3) Succession
Grounds for 1. Repeated physical or verbal
maltreatment by the adopter
Rescission of 2. Attempt on the life of the adoptee
3. Sexual abuse or violence
Administrative 4. Abandonment and failure to comply
with parental obligations
Adoption
 RACCO where the adoptee resides

Venue
 III. DSWD
MEMORANDUM
CIRCULAR
NO. 03-2022
 CASES WITHDRAWN FROM COURT

RACCO informs
START: RACCO
PAPs and request RACCO sw RACCO Officer to
receives PAPs submits Petition
withdrawn petition for submission of reviews the merit render a
for Admin Adoption
Petition and other of the petition recommendation
documents
PAPs may request an
updated SCSR to adoption
social workers
ED to issue ED to review, issue
NACC sw to review
Certificate of DSWD Secretary and sign Order of & examine the
to approve the Order Adoption/Denial petition
Finality May consult the CPC
If no appeal was made

Post adoption service:

PAPs to register the PSA to issue new Closing Summary
Order of Adoption birth certificate Report
END
Prepared by adoption sw,
submitted to RACCO & NACC
 CASES WITHDRAWN FROM COURT (RACCO)

START 1 2 3

RE CE IP T OF RACCO TO REVIEWS THE ENDORSEMENT

P E T IT IO N INFORM THE MERIT OF THE TO RACC
A N D RE C ORD S OFFICER
F RO M CO UR T
PAPS PETITION 5 W O R K I N G D AY S
- Request for the 1 5 W O R K I N G D AY S
UPON RECEIPT OF
UPON RECEIPT OF
Petition for COMPLETE PETITION
PETITION
- Must Domestic Adoption - - Render
May request
include - Updated SCSR and recommendation
additional
Court Order Publication, if - Forward to NACC
documents
necessary - Assess the case and
endorse to the
RACC Officer
 CASES WITHDRAWN FROM COURT
If the RACCO assess that the
adoption will not be for the best
RACCO SW to
endorse the Case to interest of the child, the RACCO
RACC Officer shall immediately recommend
to NACC the Denial of the
Petition and consequently,
cause the immediate removal
of the child from the PAPs
RACCO
 CASES WITHDRAWN FROM COURT
4 5
If within the 15 working days, the
N A C C TO R E C O M M E N D AT I O N O N ED finds that there is a need to
THE PETITION BY THE
R E VIE W A N D
E X E C U T I V E D I R E C TO R
return the petition to the
EXA MI N E TH E 1 5 W O R K I N G D AY S RACCO for further investigation
PET IT IO N UPON RECEIPT OF
15 WORKING THE DOSSIER or submission of additional
D AY S U P O N - R E V I E W, S I G N A N D requirements, the RACCO shall
RECEIPT OF ISSUE THE ORDER
PETITION - ENDORSE TO DSWD comply within 15 working days
- May consult S E C R E TA R Y O R H I S upon return to the RACCO,
R E P R E S E N TAT I V E
CPC except when the
- Draft Order requirements/information
- Endorse to needed cannot be easily obtained
ED
by the PAPs
 CASES WITHDRAWN FROM COURT (NACC)

6 7
Shall indicate the name by which the child shall be
APPROVAL OF R EG IST R ATI O N known and direct the following
THE ORDE R OF OF ORDER OF
a. The PAPs to submit a CTC of the Order
ADOP TION OR A D O PT IO N
of Adoption and Certificate of Finality to
3 0 C A L E N D A R D AY S
DE NIAL UPON RECEIPT OF THE
the LCR where the child was originally
registered within 30 calendar days from
- Deemed approved if ORDER
receipt of the Order of Adoption
no action was taken b. LCR of the place where the adoptee was
- Copy of the Order shall registered:
by the Secretary or ● To seal the original birth certificate
be given to the
his representative which can only be open upon order
concerned parties of the NACC
within 10 calendar
(PAP/s, RACCO and ● To submit to NACC proof of
days upon receipt of compliance with all the foregoing
LCR) within 30 days from receipt of the
the Order Order of Adoption
CASES WITHDRAWN FROM COURT (NACC)

8
An Order of Adoption obtained
ISSUANCE OF
CERTIFICATE
under this Act shall have the same
OF FINALITY
10 CALENDAR
effect as a Decree of Adoption
D AY S U P O N
RECEIPT OF THE issued pursuant to RA 8552
ORDER

and no Motion for

Reconsideration or
appeal was made
 NEW PETITIONS FOR ADMIN ADOPTION

START: RACCO request PAPs submits

Submission of PAPs to publish the Certificate of RACCO RACCO
Petition and Publication and other sw reviews the
documents to Officer to render a
RACCO submission of *requested docs merit of the
recommendation
petition
*updated docs publication = once a week for
3 consecutive weeks

ED to issue ED to review, NACC sw to review

Certificate of DSWD Secretary issue and sign Order
& examine the
to approve the Order petition
Finality of Adoption/Denial
May consult the CPC
If no appeal was made

Post adoption service:

PAPs to register the PSA to issue new Closing Summary
Order of Adoption birth certificate Report
END
Prepared by adoption sw,
submitted to RACCO & NACC
* if necessary
 NEW PETITIONS FOR ADMIN ADOPTION (RACCO)

START 1 2

S UB MIS SIO N O F PUBLICATION REVIEWS THE MERIT OF

D O CUM E N T ARY OF PETITION THE PETITION
R E QU IRE ME N TS - Once a week for 3
2 0 W O R K I N G D AY S U P O N R E C E I P T O F
COMPLETE PETITION
T O RACC O
consecutive weeks
- Obtain Certificate of - May request additional documents
- Acknowledgement Publication
and request for - Assess the case and endorse to the
publication and RACC Officer
updated documents - If necessary, may appear before the
RCPC
 FOR RELATIVE, STEP-PARENT AND THE LIKE, THE
RACCO SW SHALL CONDUCT PERSONAL
INTERVIEW WITH THE CHILD TO DETERMINE
PROPRIETY OF PLACEMENT.

@ecornelio2022
NEW PETITIONS FOR ADMIN ADOPTION

3 4
Same process
under the Cases ENDORSEMENT
NACC TO
REVIEW AND
Withdrawn from TO RACC
EXAMINE THE
OFFICER
Court #3 to #8 5 WORKING DAYS
PETITION
15 WORKING
UPON RECEIPT OF
shall apply PETIT ION
DAYS UPON
RECEIPT OF
PETIT ION
 NEW PETITIONS FOR ADMIN ADOPTION

5 6 7

R EC O MM EN D AT IO N APPROVAL OF REGISTRATION
O N T H E PET IT IO N THE ORDER OF OF ORDER OF
B Y T H E EXE C U T IVE
D IR E C TO R
ADOPTION OR ADOPTION
1 5 W O R K I N G D AY S DENIAL 3 0 C A L E N D A R D AY S
UPON RECEIPT OF THE
UPON RECEIPT OF
THE DOSSIER ORDER
8

ISSUANCE OF
CERTIFICATE OF
FINALITY
1 0 C A L E N D A R D AY S U P O N
RECEIPT OF THE ORDER
 RELATIVE, STEP-PARENT, AND ADULT ADOPTIONS

Adoption Adoption RACCO reviews

Social PAPs to the Petition;
Social Worker Worker to publish the physical
submit the Petition for appearance of
to prepare the petition to Adoption the PAPs at the
SCSR the RACCO RACCO

STC
RACCO renders Issuance Issuance
recommendation to NACC of PAPA
may be of Order
waived
IV. OCA CIRCULAR
NO. 163-2022
(July 1, 2022)
Courts may no
longer receive or
accept petitions for
domestic adoption.
Adoption
proceedings are
now administrative.
Petitioners have the option
to immediately withdraw
judicial petitions for
domestic adoption
pending in court.
The courts shall give
petitioners time to
manifest their intent
to withdraw.
Petitioners who avail of the
benefits of RA 11642 without
first withdrawing their
pending petitions before the
court shall be sanctioned
under the Rules of Court.
Domestic adoption
provisions in the Rule on
Adoption are now rendered
ineffective except for
pending domestic cases
before the courts not
withdrawn by petitioners.
Rescission of
adoption under
Section 47 of RA
11642 covers judicial
adoptions.
Inter-country
adoption petitions
pending before courts
shall be dismissed.
All courts are required
to submit to the OCA a
list and status report of
all pending adoption
cases, including
archived cases.
THE END