With the enactment of Republic Act No. 11642, domestic adoption in the Philippines transitioned from a judicial to an administrative process, making it significantly faster, less costly, and more accessible for prospective adoptive parents. While these reforms have streamlined the adoption process, domestic administrative adoption still takes time to complete due to the careful evaluation and legal safeguards in place to ensure that every adoption serves the best interests of the child.
Based on Article IV of Republic Act No. 11642, these are some of the integral procedural incidents for domestic adoption that are to be conducted:
- Case study
- The National Authority for Child Care and its regional counterparts will not accept any Petitions for Adoption wherein the appropriate social workers or child-caring agency have not conducted a case study for the adoptee, the biological parents, as well as the Prospective Adoptive Parents (PAPs).
- The adoptee’s case study requires the assigned social worker to ensure that the adoptee is registered with the Philippine Statistics Authority (PSA). The study will also establish the child’s legal availability for adoption.
- In the case of the PAPs, the case study will ascertain their genuine intentions in adopting the child, and based on the results, the social worker will give their recommendation to grant or deny the Petition for Adoption filed by the PAPs.
- Matching process
- Within 30 days after a child is declared legally available for adoption, or at the next scheduled matching conference, the NACC begins the process of identifying the most suitable approved adoptive parent(s) for the child.
- This does not apply to step-parent adoption, relative adoption, and adult adoption, provided that the adoptee has been residing in the same household as the PAPs for not less than two years.
- Petition for Administrative Adoption
- This Petition must state all the facts necessary to establish the merit of the adoption, alleging specific details and attaching necessary requirements as applicable under R.A. 11642 proving such details.
- The Petition is to 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.
- The Petition will also undergo publication and circulation as required by the RACCO.
- Personal Appearance of the PAPs
- After the submission of the Petition for Adoption along with the documentary requirements, the PAPs are required to personally appear before the handling RACCO where they have filed their Petition. This is to fully ensure their fitness, qualifications, and sincere intentions.
These steps, along with any other requirement applicable that arises due to specific circumstances under R.A. 11642, the waiting periods between the processes, as well as the evaluation of the RACCO and NACC, make up the stages of Domestic Adoption.
Despite the current administrative process and its deemed “simplicity” in comparison to the previous judicial process, there are still unavoidable delays that can occur. This may occur during any stage, with examples of these being:
- Unforeseen delays in the accomplishment of the case study;
- Long turn-around times between submission, evaluation, and release of results;
- Added requirements that may take time to procure;
- Circumstances involving parties needing to provide important documentation, such as consent, character references, and etc.
It is important to note, however, that though these delays or lengthy processes may be grueling, it is all done to ensure the welfare of the adoptive child and the capabilities of the PAPs to provide the care that the child deserves and has a legal right to receive.
So, while there is no concrete answer to the question of how long the process will take, R.A. 11642 provides a clear view into all the steps, and RACCO and NACC are responsible for providing complete transparency during the entire course of the process.
How Applicants Can Help Speed Up the Process
While the timeline for domestic administrative adoption largely depends on the completion of mandatory legal and social welfare procedures, applicants can help minimize delays by ensuring that documentary requirements are complete, responding promptly to requests from the NACC and social workers, and maintaining open communication throughout the process.
To facilitate this, engaging a legal team to assist with the adoption is highly recommended. A legal team can help ensure that documentary requirements are properly prepared and submitted, monitor the progress of the application, conduct regular follow-ups with the appropriate offices, promptly address any deficiencies or additional requirements, and coordinate with the NACC and other concerned agencies.
By proactively managing these aspects of the process, applicants can reduce delays caused by incomplete submissions, missed communications, or procedural oversights, allowing the application to move forward as efficiently as possible, for the benefit of both the adoptee and the PAPs.
If you would like to engage in our legal services to help guide you through the domestic adoption process, STLAF would be pleased to assist. We look forward to sharing more insights on family law in our upcoming blog posts.
Disclaimer: The content of this blog is intended for general informational and educational purposes only and does not constitute legal advice. Laws and regulations may vary by jurisdiction, and the applicability of the information herein may differ depending on specific facts and circumstances. Accessing or reading this content does not create an attorney–client relationship. For legal concerns or tailored guidance, please consult a qualified lawyer licensed in your jurisdiction.
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Author(s): Kimberly Peredo