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Writer's pictureATTY. PHIL JURIS

ADMINISTRATIVE PROCESS OF DOMESTIC ADOPTION, [ REPUBLIC ACT NO. 11642, January 06, 2022 ] | BAR 2023



No child shall be a subject of administrative adoption unless the status of the child has been declared legally available for adoption except in cases of relative or step-parent adoption where such declaration is not required. Independent placement cases, or the entrustment of a child by the birthparents to a relative or another person without seeking intervention from government, nongovernment, or any social worker, will be covered by the provisions of this Act if the child is already in the custody of their custodian before the effectivity of this Act.


It is hereby recognized that the administrative adoption processes for the cases of legally-available children, relative, stepchild, and adult adoptees are the most expeditious proceedings that will redound to their best interest.

( Section 2, [ REPUBLIC ACT NO. 11642, January 06, 2022 ] )


Section 30. Petition for Administrative Adoption. – The thriving parent-child relationship during the said STC, if recommended, as substantiated by the monthly monitoring report of the adoption social worker, shall give rise to the filling of a Petition for Adoption.


In all cases, the Petition for Adoption shall be prepared and signed by the petitioner or PAPs. The said petition shall state the facts necessary to establish the merits of the petition. The petitioners must specifically allege that they are at least twenty-five (25) years of age, in possession of full civil capacity and legal rights; of good moral character; have not been convicted of any crime involving moral turpitude; are emotionally and psychologically capable of caring for children; are at least sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent; and are in a position to support and care for their children in keeping with the means of the family and have undergone pre-adoption services. The petition should also indicate the new name the petitioner wishes the child to have, if any.


The petition shall be in the form of an affidavit and shall be subscribed and sworn to by the petitioners before any person authorized by law to administer affirmation and oaths.


No subsequent petition involving the same PAPs shall be entertained unless the prior petition has attained finality.


Section 31. Where to File the 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.


Upon receipt by the RACCO of the petition and its supporting documents, a copy of the petition shall be punished once a week for three (3) successive weeks in a newspaper of general circulation.


Section 32. Administrative Adoption Process. – In all proceedings for adoption, the NACC shall decide on the basis of all the documents presented to it, as well as the evidence gathered during the personal interviews conducted by the RACCO with the handling adoption social worker, PAPs, and the adoptee. There shall be no adversarial proceedings and all domestic adoption cases shall be decided within sixty (60) calendar days from the receipt of the Deputy Director for Services of the recommendation of the RACCO on the petition.


NOTE

The NACC, in the exercise of its quasi-judicial powers, shall observe and comply with the administrative domestic adoption process provided under Section 32 of this Act.



Section 5. National Authority for Child Care (NACC). – The Inter-Country Adoption Board (ICAB) is hereby reorganized to a one-step quasi-judicial agency on alternative child care, known as the National Authority for Child Care (NACC), attached to the DSWD.


All duties, functions, and responsibilities of the ICAB, the DSWD, and those of other government agencies relating to alternative child care and adoption are hereby transferred to the NACC.


The Department of Budget and Management (DBM), in coordination with the ICAB and the DSWD, shall formulate a cohesive organizational structure with corresponding plantilla positions responsive to fulfill the functions and divisions of the NACC as stipulated under this Act.


Section 6. Jurisdiction of the NACC. – 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, otherwise known as the “Foster Care Act of 2012”; adoptions under Republic Act No. 11222, otherwise known as the “Simulated Birth Rectification Act”; and inter-country adoption under Republic Act No. 8043, otherwise known as the “Inter-Country Adoption Act of 1995”. The NACC shall also have the authority to impose penalties in case of any violation of this Act.


Note

Alternative child care refers to the provision of planned substitute parental care to a child who is orphaned, abandoned, neglected, or surrendered, by a child-caring or child-placing agency. This may include foster care, kinship care, family-like care, and residential care;




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