January 6, 2022
REPUBLIC ACT NO. 11642
AN ACT STRENGTHENING ALTERNATIVE CHILD CARE BY PROVIDING FOR AN ADMINISTRATIVE PROCESS OF DOMESTIC ADOPTION, REORGANIZING FOR THE PURPOSE THE INTER-COUNTRY ADOPTION BOARD (ICAB) INTO THE NATIONAL AUTHORITY FOR CHILD CARE (NACC), AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8043, REPUBLIC ACT NO. 11222, AND REPUBLIC ACT NO. 10165, REPEALING REPUBLIC ACT NO. 8552, AND REPUBLIC ACT NO. 9523, AND APPROPRIATING FUNDS THEREFOR
ARTICLE I
General Provisions
SECTION 1.Short Title. — This Act shall be 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...
General Provisions (Sections 1-4):
- Establishes policies and objectives for alternative child care, prioritizing domestic adoption and the best interest of the child.
- Defines key terms related to adoption and alternative child care.
National Authority for Child Care (NACC) (Sections 5-10):
- Reorganizes the Inter-Country Adoption Board (ICAB) into the NACC, a quasi-judicial agency on alternative child care.
- Outlines the jurisdiction, composition, functions, and staffing of the NACC.
- Establishes Regional Alternative Child Care Offices (RACCOs) and Regional Child Placement Committees (RCPCs).
Declaration of a Child Legally Available for Adoption (Sections 11-20):
- Outlines the process for declaring a child legally available for adoption (CDCLAA) in cases of involuntary commitment, voluntary commitment, and foundlings. (Sections 11-13)
- Specifies who may file a petition for CDCLAA, the required documents, and the procedure for filing. (Sections 12-14)
- Provides for opposition to the petition for CDCLAA and the appeal process. (Sections 16-17)
- Requires counseling services for biological parents, prospective adoptive parents (PAPs), and adoptees. (Section 19)
- Mandates efforts to locate biological parents and allows for biological parent search by adoptees. (Section 20)
- Specifies who may adopt and who may be adopted. (Sections 21-22)
Adoption Procedure (Sections 24-40):
- Outlines the documentary requirements for PAPs. (Section 24)
- Requires a case study and home study report by an adoption social worker. (Section 25)
- Describes the matching process for legally available children and approved PAPs. (Section 26)
- Requires personal appearance of PAPs and issuance of Pre-Adoption Placement Authority (PAPA). (Sections 27-28)
- Provides for Supervised Trial Custody (STC) and filing of the Petition for Adoption. (Sections 29-31)
- Outlines the administrative adoption process, including review by RACCOs, Deputy Director for Services, and Executive Director. (Section 32)
- Allows for objections to the petition and outlines the process for issuing the Order of Adoption. (Sections 33-34)
- Provides for judicial recourse and appeal of adoption orders. (Section 35)
- Grants benefits to adoptive parents, including maternity and paternity leaves. (Section 36)
- Addresses civil registry records and confidentiality of adoption proceedings. (Sections 37-39)
- Allows for assistance to indigent PAPs through socialized fees and legal aid. (Section 40)
Effects of Adoption (Sections 41-43):
- Establishes the legitimacy of the adoptee as the child of the adopter, with all rights and obligations. (Section 41)
- Transfers parental authority to the adopters, except in cases where the biological parent is the spouse of the adopter. (Section 42)
- Provides for reciprocal rights of succession between adopters and adoptees. (Section 43)
Post-Adoption Services (Sections 44-53):
- Requires assistance in adoption telling and preparation for biological family search and meetup. (Sections 44-45)
- Mandates after-care monitoring and submission of reports by adoption social workers. (Section 46)
- Outlines grounds for rescission of adoption, including procedures and effects. (Sections 47-53)
Violations and Penalties (Section 54):
- Imposes penalties for obtaining consent through coercion, non-compliance with procedures, subjecting the child to danger, simulation of birth, and violation of confidentiality.
- Provides for additional penalties for government officials, foreign nationals, and syndicates involved in violations.
- Prohibits adoption discrimination acts and imposes fines for such acts.
Final Provisions (Sections 55-63):
- Requires information dissemination and advocacy campaigns on adoption and alternative child care. (Section 55)
- Provides for a transitory clause and guidelines for implementation during the establishment of the NACC. (Section 56)
- Designates the second week of June as Adoption and Alternative Child Care Week. (Section 57)
- Appropriates funds for implementation and requires the formulation of Implementing Rules and Regulations (IRR). (Sections 58-59)
- Includes a saving clause, separability clause, and repealing clause. (Sections 60-62)
- Sets the effectivity date of the Act. (Section 63)