R.

A 11642

The salient feature of RA 11642 is the creation of the National Authority for Child Care or NACC
which shall have original and exclusive jurisdiction over all matters about alternative child care,
including declaring a child legally available for adoption, domestic adoption, and adult adoption,
among others.

This means that domestic adoption is now an administrative process, no longer judicial. RA
11642’s declaration of the policy states that the administrative adoption process is the most
expeditious proceeding that will redound to the best interest of the children to be adopted.

RA 11642 also creates the Regional Alternative Child Care Office or RACCO, under the umbrella
of the NACC, for each region of the country.

Section 21. Who May Adopt. – The following may adopt:

(a) Any Filipino citizen at least twenty-five (25) years of age, who is in possession of full civil
capacity and legal rights; has not been convicted of any crime involving moral turpitude; is of
good moral character and can model the same; is emotionally and psychologically capable of
caring for children; at least sixteen (16) years older than the adoptee; and who is in a position to
support and care for adopted children in keeping with the means of the family: Provided, That
the requirement of sixteen (16)-years difference between the age of the adopter and the
adoptee may be waived when the adopter is the biological parent of the adoptee, or is the
spouse of the adoptee’s parent;

(b) The legal guardian with respect to the ward after the termination of the guardianship and
clearance of financial accountabilities;

(c) The legal guardians with respect to the foster child;

(d) Philippine government officials and employees deployed or stationed abroad: Provided, That
they are able to bring the child with them; and

(e) Foreign nationals who are permanent or habitual residents of the Philippines for at least five
(5) years possessing the same qualifications as above stated for Filipino nationals prior to filing of
the petition: Provided, That they 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: Provided, further, That requirements of
residency may be waived for the following:

(1) A former Filipino citizen, habitually residing in the Philippines, who seeks to adopt a
relative within fourth (4th) civil degree of consanguinity or affinity; or

(2) One who seeks to adopt the legitimate child of the Filipino spouse; or

(3) One who is married to a Filipino citizen and seeks to adopt jointly with the spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

Spouses shall jointly adopt, except in the following cases:

(a) If one spouse seeks to adopt the legitimate child of the other; or

(b) If one spouse seeks to adopt own illegitimate child: Provided, That the other
spouse has signified consent thereto; or

(c) If the spouses are legally separated from each other.

On the other hand, the following may be adopted, under Section 22 of the law:
 (a) Any child who has been issued a Certificate Declaring a Child Legally Available for
Adoption;

(b) The legitimate child of one spouse by the other spouse;

(c) An illegitimate child by a qualified adopter to improve the status of legitimacy;

(d) A Filipino of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopters as their own child for a period of at least three
(3) years;

(e) A foster child;

(f) A child whose adoption has been previously rescinded;

(g) A child whose biological or adoptive parents have died: Provided, That no
proceedings shall be initiated within six months from the time of death of said parents;
or

(h) A relative of the adopter.

Section 23. Whose Consent is Necessary to the Adoption. – After being properly counseled and
informed of the right to give or withhold approval of the adoption, the written consent of the
following to the adoption are hereby required:

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parents of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child, except in the case of a
Filipino of legal age if, prior to the adoption, said person has been consistently
considered and treated as their own child by the adopters for at least three (3) years;

(c) The legitimate and adopted children, ten (10) years of age or over, of the adopters, if
any;

(d) The illegitimate children, ten (10) years of age or over, of the adopter if living with
said adopter or over whom the adopter exercises parental authority and the latter’s
spouse, if any; and

(e) The spouse, if any, of the person adopting or to be adopted.

Provided, That children under ten (10) years of age shall be counseled and consulted, but shall
not be required to execute within consent.

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 provided 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.

Section 47. Grounds for Rescission of Administrative Adoption. – The adoption may be rescinded
only upon the petition of the adoptee with the NACC, or with the assistance of the SWDO if the
adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is
incapacitated or by his or her guardian on any of the following grounds committed by the
adopter(s):

(a) Repeated physical or verbal maltreatment by the adopter despite having undergone
counseling;

(b) Attempt on the life of the adoptee;

(c) Abandonment and failure to comply with parental obligations.

Adoption, being in the best interest of the child, shall bot be subject to rescission by the adopter.
However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil
Code of the Philippines.

The NACC would examine the trial custody report, the petition, and the supporting documents.
If the NACC is convinced that the adoption shall redound to the best interest of the child, it shall
issue the Order of Adoption.

It is relevant to note that the law allows those with pending adoption petitions in court to
withdraw their petitions and transfer them to the NACC.

With respect to inter-country adoption, the same is still governed by RA 8043 or the “Inter-
Country Adoption Act of 1995.” But under RA 11642, all duties, functions, and responsibilities of
the Inter-Country Adoption Board are transferred to the NACC.