New Adoption Law Makes Adoption Simpler, Faster and Less Costly

Republic Act No. 11642, otherwise known as the Domestic Administrative Adoption and Alternative Child Care Act, took effect on 28 January 2022. Under this new law, the domestic adoption process has become simpler, faster and less costly taking into account the best interest of the child.

Courts no longer have jurisdiction over domestic adoption cases

Domestic adoption cases are now within the jurisdiction of the National Authority for Child Care (“NACC”), a newly created quasi-judicial agency attached to the Department of Social Welfare and Development. This is a welcome change from the old law which previously mandates that these cases should be filed with the courts.

Simpler, faster and less costly process

The new law seeks to address major issues in the past such as the duration of the process that takes several years and the high costs it entails. The downside of the old process is that prospective adoptive parents would shy away from going through the legal process; and would instead resort to simulation of birth or just not bother with the formality altogether.

The adoption process is now significantly shortened and made less costly with the elimination of formal trial. The procedure is likewise streamlined to conform to the administrative nature of adoption.

The Petition for adoption, as well as for the issuance of the certificate declaring the child legally available for adoption, shall be filed with the Regional Alternative Child Care Office. The latter shall recommend to the NACC whether to grant or deny the same. Once the Petition and the Order of Adoption is approved, a certified true copy of said order shall be filed with the Office of the Civil Registrar. The latter will then seal the birth records of the adoptee and issue a new one under the name of the prospective adoptive parents. The Court of Appeals will only intervene in limited cases such as when there is an appeal from an order granting or denying the declaration of the child legally available for adoption or from an order granting or denying the adoption.

Pending judicial petitions for adoption

For prospective adoptive parents who filed for adoption before the passage of the new law, they have the option to immediately withdraw pending court petitions for domestic adoption, regardless of the stage of the proceedings. Otherwise, the courts shall continue to hear and decide them.

Filing of administrative adoption without first withdrawing pending court petitions would expose these prospective adoptive parents as well as their lawyers to sanctions under the Rules of Court.

To know more about the Domestic Administrative Adoption and Alternative Child Care Act or for any request for legal assistance, please feel free to reach out to us.