Article I: General Provisions Section 3: Objectives

This Act aims to streamline and simplify domestic

Section 1: Title
adoption proceedings, making them more accessible
This Act shall be referred to as the "Domestic
and affordable, and to create the National Authority
Administrative Adoption and Alternative Child Care
for Child Care (NACC), which will oversee alternative
Act."
child care services, including domestic and inter-
Section 2: Declaration of Policy country adoption, foster care, and other child welfare
The State is committed to ensuring that every child services.
remains under the care and custody of their parents,
Section 4: Definitions
providing them with love, care, and security for their
Key terms used in the Act are defined as follows:
full development. If these efforts are insufficient,
alternative placements, including adoption, may be • Abandoned Child: A child with no parental
considered, with the child's best interest as the care or who has been deserted for at least 3
foremost priority. months, as declared by the NACC.

The policy is aligned with the principles outlined in • Abandoned Filipino Child Overseas: A child
the Child and Youth Welfare Code, the United found outside the Philippines, separated from
Nations Convention on the Rights of the Child their biological parents for at least 3 months,
(UNCRC), the Hague Convention on Adoption, and and declared abandoned by the NACC.
related international standards.
• Adoption: The legal process where a child's
The State will: parental rights are transferred to adoptive
parents, making the child their legitimate
• Ensure that children without parental care are
child.
provided with alternative care options like
adoption and foster care. • Adoption Social Worker: A licensed social
worker with experience in handling adoption
• Establish standards for alternative care to
and alternative child care cases.
ensure child development.
• Alternative Child Care: The provision of
• Safeguard biological parents from hasty
temporary substitute parental care for
decisions regarding the relinquishment of
children who are orphaned, abandoned, or
parental rights.
neglected, including foster care, kinship care,
• Prevent unnecessary separation from or residential care.
biological parents.
• Child Legally Available for Adoption (CLAA):
• Protect adoptive parents from interference in A child who has been declared legally
their custody. available for adoption after proving
abandonment or neglect.
• Promote adoption through public campaigns.
• Deed of Voluntary Commitment (DVC): A
• Strengthen government and private sector legal document executed by parents or
capacity to process adoptions and provide guardians relinquishing their rights and
related services. committing a child to the care of a child-
• Encourage domestic adoption to preserve the caring agency or the NACC.
child's identity and culture, resorting to inter- • Domestic Adoption: An adoption process
country adoption only when necessary. where the Order of Adoption is issued within
• Collaborate with agencies to prevent child the Philippines between a Filipino child and
trafficking and protect vulnerable Filipino adoptive parents.
children abroad. • Foster Care: Temporary substitute care
provided by licensed foster parents.
 • Foundling: A child of unknown parentage The Department of Budget and Management (DBM),
who has been abandoned or whose birth in coordination with ICAB and DSWD, shall create a
circumstances are undocumented. unified organizational structure, with corresponding
plantilla positions, to support the functions and
• Inter-country Adoption: Adoption by foreign
divisions of the NACC as outlined in this Act.
nationals or Filipino citizens residing abroad,
complying with international adoption laws. Section 6. Jurisdiction of the NACC.
The NACC shall have original and exclusive
• Matching: The process of selecting adoptive
jurisdiction over all matters related to alternative
parents based on the child’s needs and the
child care, including determining the legal availability
family’s ability to provide for them.
of a child for adoption, domestic administrative
• Post-Adoption Services: Support services adoption, adult adoption, foster care under Republic
provided to adoptive families after the Act No. 10165 (the "Foster Care Act of 2012"),
adoption process, including counseling and adoptions under Republic Act No. 11222 (the
integration assistance. "Simulated Birth Rectification Act"), and inter-
country adoption under Republic Act No. 8043 (the
• Pre-Adoption Placement Authority (PAPA): "Inter-Country Adoption Act of 1995"). The NACC is
A committee that reviews and matches also authorized to impose penalties for violations of
children legally available for adoption with this Act.
prospective adoptive parents.
Section 7. Composition of the NACC.
• Relative: A person within the 4th degree of The NACC shall consist of a Council and a
consanguinity or affinity to the child. Secretariat.
• Simulation of Birth Record: The falsification The Council will be headed by the Secretary of the
of birth records to conceal the child's true DSWD, who serves as the ex officio chairperson. It
parentage. will also include six (6) members appointed by the
The Act also defines roles like Social Worker, Step- President for a single six-year term. These members
parent, Supervised Trial Custody (STC), and other must include:
essential terms to ensure clarity in the adoption • One (1) psychiatrist or psychologist
process and child welfare services.
• Two (2) lawyers with qualifications equivalent
to a Regional Trial Court (RTC) judge

• One (1) registered social worker

ARTICLE II • Two (2) representatives from NGOs involved
NATIONAL AUTHORITY FOR CHILD CARE in child care and placement activities
Section 5. National Authority for Child Care Council members will receive a reasonable per diem
(NACC). for attending meetings. The Council will act as the
The Inter-Country Adoption Board (ICAB) is hereby policy-making body, continually refining child welfare
restructured into a single-step quasi-judicial body policies and serving as an appeals committee for
focused on alternative child care, now known as the contested decisions made by the Executive Director
National Authority for Child Care (NACC), which shall or Deputy Director for Services.
be attached to the Department of Social Welfare and
Development (DSWD). The Secretariat will implement the policies
formulated by the Council. It will be led by an
All duties, functions, and responsibilities previously Executive Director, who holds the rank of
assigned to the ICAB, DSWD, and other government Undersecretary, assisted by two (2) Deputy
agencies involved in alternative child care and Directors—one for services and another for
adoption shall be transferred to the NACC.
administration and finance, both holding the rank of (k) Coordinating with DFA or OSWA on procedures for
Assistant Secretary. the care of Filipino children stranded abroad,
especially in countries that are not parties to the
The Deputy Director for Services will oversee the
Hague Convention;
management of adoption, foster care, and alternative
(l) Ensuring that all domestic placement options are
child care processes, including the legal declaration
exhausted before pursuing inter-country adoption;
of children available for adoption, as well as family
(m) Conducting national advocacy and information
and child welfare services. The Deputy Director for
campaigns on alternative child care;
Administration and Finance will handle human
(n) Developing programs to keep children with their
resource management, financial oversight, logistics,
biological families when possible;
and other administrative functions.
(o) Assessing the implementation of this Act and
The NACC may also employ professionals and recommending policy improvements;
experts to form part of a Child Placement Committee (p) Maintaining records on adoption, foster care, and
(CPC) to assist in reviewing adoption petitions. The alternative child care cases, and providing reports on
CPC will include a child psychiatrist or psychologist, agency performance;
a medical doctor, a lawyer, an adoption social worker, (q) Conducting research to improve adoption, foster
and an NGO representative. care, and child welfare policies and programs;
(r) Providing technical assistance and capacity-
Section 8. Functions of the NACC. building to stakeholders;
The NACC shall ensure that all matters related to (s) Setting and collecting administrative fees;
alternative child care—such as issuing CDCLAA (t) Working with the Department of the Interior and
(Certificate of Declaration of Legal Availability for Local Government (DILG) to assist Local Government
Adoption), managing domestic and inter-country Units (LGUs) and Local Councils for the Protection of
adoption, foster care, kinship care, and residential Children (LCPC) with the adoption process;
care—are handled efficiently, cost-effectively, and in (u) Building partnerships with private entities,
the best interest of the child. Key functions of the including licensed child-caring institutions and
NACC Secretariat include: foundations, to support adoption and alternative
(a) Acting on and resolving petitions for the issuance child care efforts;
of CDCLAA; (v) Imposing penalties for non-compliance with the
(b) Managing domestic administrative adoptions; Act and its implementing rules;
(c) Handling matters related to inter-country (w) Developing policies for adoption, foster care,
adoption; kinship care, and other child welfare programs;
(d) Administering foster care; (x) Enforcing the provisions of this Act and its IRR, and
(e) Addressing issues related to simulated birth performing all necessary functions to ensure a
rectification; simple, efficient, and child-centered process for
(f) Supervising RACCO activities under the provisions adoption and alternative care.
of this Act; Section 9. Regional Alternative Child Care Offices
(g) Deciding on petitions processed by RACCOs for (RACCO).
adoption, foster care, and other alternative child care Each region of the country will have a Regional
placements; Alternative Child Care Office (RACCO), which will be
(h) Setting standards and guidelines for adoption, headed by a Regional Alternative Child Care (RACC)
including pre- and post-adoption services; Officer.
(i) Convening an Independent Appeals Committee
when needed to resolve contested decisions from The RACCO will manage local petitions for CDCLAA,
RACCOs; adoption, and other requests related to alternative
(j) Acting as the central authority for inter-country child care. Dedicated personnel within the RACCO
adoption, coordinating with relevant agencies such will handle:
as DSWD-OSWA, DFA, child care agencies, and (a) Issuance of CDCLAA;
NGOs; (b) Domestic administrative adoption;
(c) Inter-country adoption; and Article 142 of Presidential Decree No. 603, shall
(d) Foster care; be issued by the National Authority for Child Care
(e) Family-like care, kinship care, and residential (NACC) within three (3) months of the child's
care; and involuntary commitment.
(f) Simulated birth rectification.
For a voluntarily committed child, as per Article 154
Each RACCO will have a Regional Child Placement of Presidential Decree No. 603, the Executive
Committee (RCPC) supervised by the RACC Officer. Director shall issue the CDCLAA within three (3)
The RCPC will consist of a multidisciplinary team, months following the filing of the Deed of Voluntary
including a child psychiatrist, a medical doctor, an Commitment (DVC), signed by the parents, with the
adoption social worker, a lawyer, and an NGO NACC.
representative. No member of the RCPC shall have
Parents or legal guardians who have voluntarily
any personal relation to the child or the prospective
committed a child may petition the NACC to regain
adoptive parent (PAP).
legal custody and parental authority over the child,
Section 10. Appointments and Staffing Patterns. provided they demonstrate, to the NACC's
The DBM, in coordination with ICAB and DSWD, will satisfaction, that they can adequately care for the
establish the organizational structure and staffing child's needs. This petition must be filed within three
patterns required for the NACC's operations. Priority (3) months after the signing of the DVC.
will be given to appointing existing permanent
In the case of foundlings, the Executive Director
officers and employees from ICAB and DSWD who
shall issue the CDCLAA within three (3) months
are currently dedicated to alternative child care and
following the issuance of the child’s foundling
adoption.
certificate or birth certificate.
Existing plantilla positions in the ICAB and DSWD
Section 12. Who May File a Petition for CDCLAA.
related to adoption and child care will be transferred
to the NACC. New hires will be limited to positions A petition for the issuance of a CDCLAA may be filed
that are policy-making, confidential, or highly by the head or Executive Director of a licensed or
technical, unless there are still unfilled positions accredited child-caring or child-placing agency or
after appointing all permanent staff, including institution—whether government, private, or NGO—
temporary and casual employees who meet the or by a provincial, city, or municipal Social Welfare
required qualifications for permanent roles. Development Officer (SWDO) who has legal
custody of the child. If the child is in the care of
Appointments will follow civil service rules, and the
another individual, the agency or institution must
Adoption Resource and Referral Unit (ARRU) of
obtain the custodian’s consent before filing the
DSWD will now function as the RACCOs for each
petition.
region.
Section 13. Petition for CDCLAA.

The petition for CDCLAA shall be made in the form of

an affidavit, duly sworn before an authorized person.
ARTICLE III The petition must detail the facts necessary to
establish the merits of the case, including the
DECLARATION OF A CHILD LEGALLY AVAILABLE circumstances of the child's abandonment, neglect,
FOR ADOPTION voluntary commitment, or being found.
Section 11. Declaration of Availability for Adoption The petition must be supported by the following
of Involuntarily Committed and Voluntarily documents:
Committed Children.
(a) A social case study report from the relevant
The Child Declaration of Legally Available for RACCO, LGU, or accredited child-caring or child-
Adoption (CDCLAA) for an involuntarily committed placing agency responsible for the child’s custody.
child, as defined under Article 141, paragraph 4(a)
(b) Proof of efforts to locate the child's parents or working days of receiving the RACCO's
known relatives, such as: recommendation, unless additional investigation or
documents are required. A copy of the CDCLAA shall
1. A certification from a radio or television
be sent to the petitioner and all interested parties
station confirming the case was aired at least
known to the Executive Director.
three (3) times;
Section 16. Opposition to the Petition for CDCLAA.
2. Publication in a newspaper of general
circulation, at the petitioner’s expense In cases of abandonment, neglect, or foundlings, if
(except in step-parent or relative adoption the biological parents, relatives, or legal guardians
cases); oppose the issuance of the CDCLAA before it is
issued, the case will be put on hold. The RACCO,
3. A police report or barangay certification
Deputy Director for Services, or Executive
verifying that efforts to find the parents were
Director, depending on where the petition is under
unsuccessful, or a tracing report from the
review, shall direct the adoption social worker to
Philippine Red Cross;
investigate and request a Parenting Capability
4. A record of returned registered mail to the last Assessment Report (PCAR) from the LGU where the
known address of the parents or relatives; biological family resides.

5. The child’s birth certificate, if available; and Within fifteen (15) working days after receiving the
PCAR, the adoption social worker must provide a
6. Recent photographs of the child, including recommendation on whether to grant or deny the
photos taken at the time of abandonment or opposition. The RACCO, Deputy Director for
admission to the institution. Services, or Executive Director will then issue a
Section 14. Filing Procedure for the Petition for decision on the merits of the petition within fifteen
CDCLAA. (15) working days after receiving the
recommendation.
The petition must be filed at the RACCO where the
child was found, abandoned, voluntarily committed, Section 17. Appeal.
or discovered. A decision by the NACC may be appealed to the
The RACCO must immediately review the petition Court of Appeals within ten (10) days of receiving the
and supporting documents to ensure they are order. If no appeal is filed, the decision becomes final
sufficient in form and substance. The petition will and executable.
then be posted publicly for five (5) consecutive days Section 18. Certification.
at a prominent location in the locality where the child
was found, and also on the NACC’s and the relevant The CDCLAA issued by the Executive Director of the
LGU’s online platforms. NACC shall serve as the primary evidence that the
child is legally available for adoption, both in
If the RACCO finds the petition insufficient, it will domestic and inter-country adoption cases, in
return the petition to the filer with instructions to accordance with Republic Act No. 8043.
provide additional documentation or information.
Section 19. Counseling Services.
Within fifteen (15) working days after the notice
posting period ends, the RACCO will issue a The NACC, through the RACCO, child-caring or child-
recommendation and send it, along with all related placing agencies, and local social workers, must
records, to the Executive Director for further action. provide necessary counseling to the following
groups:
Section 15. Declaration of Availability for
Adoption. (a) Biological Parents – Counseling must be
provided before and after the birth of the child. No
If the petition is deemed meritorious, the Executive binding commitment to adoption shall be accepted
Director shall issue the CDCLAA within seven (7) before the birth. The NACC must ensure that
biological parents are thoroughly counseled to avoid In certain cases, residency requirements may be
rushed decisions and to explore all alternatives to waived for former Filipino citizens, those married to
strengthen the family. A waiting period of three (3) Filipino citizens, or those adopting relatives within
months must be given for biological parents to the fourth degree of consanguinity or affinity.
reconsider relinquishing the child for adoption before
Section 22. Who May Be Adopted.
such decisions become final. Post-relinquishment
counseling will also be provided. The following persons may be adopted:
(b) Prospective Adoptive Parents (PAPs) – (a) A child with a CDCLAA.
Counseling and seminars will be offered to prepare (b) The legitimate child of one spouse by the other
PAPs for effective parenting and adoption-related spouse.
challenges. A key focus will be on adoption telling, (c) An illegitimate child by a qualified adopter to
ensuring that PAPs are equipped to discuss adoption improve the child's legal status.
openly with the child in a way that fosters positive (d) A Filipino of legal age, if they have been treated as
relationships. Adoption disclosure should occur the adopters’ child for at least three (3) years.
before the child reaches thirteen (13) years old, and (e) A foster child.
adoption-themed activities will be organized for (f) A child whose adoption has been rescinded.
children to help them embrace their adoption story. (g) A child whose biological or adoptive parents are
deceased, provided no adoption petition is filed
Section 20. Biological Parent Search.
within six (6) months of the parents' death.
The NACC, LGUs, and child-caring or child-placing (h) A relative of the adopter.
agencies must make diligent efforts to locate the
Section 23. Whose Consent is Necessary for
biological parents of a child, using media and other
Adoption.
means to gain their consent for adoption. If these
efforts fail, the child will be registered as a foundling The following individuals must provide written
and declared abandoned through administrative consent for the adoption, after proper counseling and
proceedings. If the adoptee is an adult, the search for information on their rights:
biological parents is at the adoptee's discretion.
(a) The adoptee, if ten (10) years or older.
Section 21. Who May Adopt. (b) The biological parents, legal guardian, or
responsible government agency.
The following individuals or entities may adopt:
(c) The adopters’ legitimate and
(a) A Filipino citizen who is at least 25 years old, in
full civil capacity, and morally upright; emotionally
and psychologically capable of raising children; at
least 16 years older than the child; and financially
capable of supporting the child. The 16-year age Article V: Effects of Adoption
difference requirement may be waived for biological
Section 41. Legitimacy
parents or spouses of the child’s parent.
(b) Legal guardians, after the termination of • The adoptee becomes the legitimate child
guardianship and settlement of financial matters. of the adopter, entitled to all the rights and
(c) Foster parents. obligations of legitimate children.
(d) Government employees stationed abroad,
• Family Rights: The adoptee gains legitimate
provided they can bring the child with them.
filiation with the adopter's parents, siblings,
(e) Foreign nationals who have lived in the
and descendants.
Philippines for at least five (5) years, meet the same
qualifications as Filipino citizens, and come from a • Adopter’s Right: The adopter can choose the
country with diplomatic relations with the adoptee’s name, in consideration of the
Philippines. child's best interests.
Section 42. Parental Authority • Further Monitoring: Additional visits or
reports may be required based on the child’s
• Adoption shifts from alternative care to
circumstances.
parental care upon the issuance of the Order
of Adoption. Section 47. Grounds for Rescission of Adoption

• Full Parental Authority: Adoptive parents • Adoption can only be rescinded upon the
assume full parental rights, with legal ties to petition of the adoptee or guardian, based on
biological parents severed (except if the specific grounds such as:
biological parent is the adopter's spouse).
1. Maltreatment (physical or verbal
• Joint Adoption: If spouses adopt jointly, they abuse despite counseling)
share parental authority.
2. Attempt on life
Section 43. Succession
3. Abandonment or failure to fulfill
• In testate and intestate succession, the parental obligations
adoptee and adopter have reciprocal rights
• Note: The adopter cannot rescind the
without distinction from legitimate filiation.
adoption, but they may disinherit the
• Testamentary Succession: If biological adoptee for valid reasons.
parents and adoptee have a will, the law on
Section 48. Venue
testamentary succession applies.
• Petition for Rescission: Filed with the
RACCO where the adoptee resides.
Article VI: Post-Adoption Services
Section 49. Time for Filing Petition for Rescission
Section 44. Preliminaries to Adoption Telling
• Petition must be filed immediately upon the
• An adoption social worker helps adoptive occurrence of the grounds for rescission.
parents disclose the adoption story to the
Section 50. Order to Answer
child at an appropriate age.
• The NACC issues an order requiring the
• Responsibility: The adoptive parents are
adverse party to answer within 15 days.
responsible for the actual disclosure.
Section 51. Decision
Section 45. Search or Tracing of Biological Family
• If the petition for rescission is valid, the NACC
• After reaching the age of majority, the
orders:
adoptee can request assistance to trace their
biological family, prioritizing the adoptee's o Restoration of parental authority to
right to identity. biological parents (if in the child’s
best interest).
• Preparation: All parties involved must be
properly prepared by an adoption social o Succession rights revert to pre-
worker before any face-to-face meeting. adoption status.
Section 46. After-Care Monitoring and Report o Name change to the original birth
certificate.
• One-Year Monitoring: The NACC monitors
the adoption to ensure it benefits the child, o Cancellation of the amended birth
submitting a Closing Summary Report after certificate by the Civil Registrar.
one year.
Section 52. Service of Decision
 • The Civil Registrar must update records • The NACC, in coordination with various
within 30 days of the decision. agencies, will spread information about
adoption and alternative child care, aiming to
Section 53. Effects of Rescission
counter stigma and discrimination in
• If adoption is rescinded: media.

1. Legal custody returns to the NACC (if Section 56. Transitory Clause
the adoptee is still a child).
• Pending adoption petitions can transition
2. Parental authority may be restored to under the new law, with certain functions
biological parents if in the child's best retained by the DSWD and ICAB until the
interest. NACC is established within 3 years.

3. Name and succession rights revert Section 57. Adoption and Alternative Child Care
to pre-adoption status. Week

• The second week of June is designated as

Adoption and Alternative Child Care Week
Article VII: Violations and Penalties each year.
Section 54. Violations and Penalties Section 58. Appropriations
Penalties for offenses:
• The necessary funds for the implementation
1. Coercion or Fraud in obtaining consent for of this Act will be included in the General
adoption: Imprisonment (6–12 years) or fines Appropriations Act.
(₱50,000 to ₱200,000).
Section 59. Implementing Rules and Regulations
2. Simulation of birth: Fictitious birth (IRR)
registration: Imprisonment (8-10 years) and
fines (up to ₱50,000). • The DSWD and ICAB will create the IRR
within 6 months of the Act’s effectivity.
3. Professionals aiding crimes: Permanent
disqualification from practice. Section 60. Saving Clause

4. Confidentiality violations: Penalty of • Rights of adoptees acquired before this Act

imprisonment (1–2 years) or fines (₱5,000 to will remain unaffected.
₱10,000).
Section 61. Separability Clause
5. Child trafficking: If the offense is carried out
• If any provision is found unconstitutional, the
by a syndicate involving three or more
remaining provisions will still be valid.
persons, it constitutes child trafficking,
punishable by imprisonment (20-40 years). Section 62. Repealing Clause

Additional Penalties • Republic Acts 8552, 9523, 8043, 11222, and

10165 are repealed and amended
• Adoption discrimination (e.g., labeling,
accordingly.
bullying): Fine (₱10,000 to ₱20,000).
Section 63. Effectivity
• Government officials involved in violations
face suspension and penalties under civil • The Act will take effect 15 days after
service laws. publication.

Article VIII: Final Provisions

Section 55. Information Dissemination