Adoption guidelines in PH

ADOPTION is a personal decision for prospective parents. To be valid, one should follow the procedures set by our laws.

The Supreme Court discussed the legal implication of adoption in the case of Renato Lazatin vs. Judge Campos, G.R. No. L-43955-56, 30 July 1979, to wit:

“Adoption is a juridical act, a proceeding in rem which creates between two persons a relationship similar to that which results from legitimate paternity and filiation. Only an adoption made through the court, or in pursuance with the procedure laid down under Rule 99 of the Rules of Court is valid in this jurisdiction. It is not of natural law at all, but is wholly and entirely artificial. To establish the relation, the statutory requirements must be strictly carried out, otherwise, the adoption is an absolute nullity. The fact of adoption is never presumed, but must be affirmatively proved by the person claiming its existence. xxx”

This means that adoption must be through court processes. Otherwise, the adoption cannot be considered valid, insofar as the laws are concerned.

However, in 2022, Republic Act No. 11642, otherwise known as the Domestic Administrative Adoption Act, was signed into law. The purpose is to provide a more efficient process under the attached agency of the Department of Social Welfare and Development, to be known as the National Authority for Child Care (NACC) with quasi-judicial powers to approve and grant all types of adoption.

Likewise, the Supreme Court (SC) has issued guidelines on the implications of the law on the Rule on Adoption.

Through the SC’s official website, it has issued A.M. No. 02-6-02-SC dated April 19. 2022. In its En Banc Resolution, the SC adopted the recommendations of the Committee on Family Courts and Juvenile Concerns. It was led by then Senior Associate Justice Estela M. Perlas-Bernabe.

The courts may no longer receive or accept petitions for domestic adoption. Jurisdiction over domestic adoption cases shall now be with the newly created National Authority for Child Care (NACC), a quasi-judicial agency attached to the Department of Social Welfare and Development.

Adoption proceedings are now administrative. Petitioners have the option to immediately withdraw judicial petitions for domestic adoption pending in court, regardless of the stage of the proceedings. Failure to withdraw, the courts shall continue to hear and decide such petitions.

The courts shall give petitioners time to manifest their intent to withdraw. If they fail to notify, they are considered to have waived the option to withdraw their petitions. They and their counsels who avail of the benefits of the law without first withdrawing their pending petitions before the courts shall be sanctioned under the Rules of Court.

Domestic adoption provisions in the Rule on Adoption are now rendered ineffective except for pending domestic cases before the courts not withdrawn by petitioners.

Inter-country adoption petitions pending before the courts pursuant to Part B of the Rule on Adoption shall be dismissed.

All courts are required to submit to the Office of the Court Administrator a list and status report of all pending adoption cases, including archived cases.

Recission of adoption under Section 47 of R.A. No. 11642 covers judicial adoptions.

If you are considering adoption, I encourage you to consult a lawyer and discuss if it’s the right option for you./PN

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