Here is a comprehensive breakdown of the administrative process of adoption under the Domestic Administrative Adoption and Alternative Child Care Act (Republic Act No. 11642), focusing on its relevance to paternity and filiation, particularly concerning adopted children in the Philippines.

Republic Act No. 11642: Domestic Administrative Adoption and Alternative Child Care Act

Republic Act No. 11642 (RA 11642) was enacted to streamline the adoption process in the Philippines, aiming to promote the welfare of children and expedite the process for families willing to adopt. Key to RA 11642 is the shift from a judicial to an administrative adoption process, simplifying and accelerating legal adoption through the National Authority for Child Care (NACC), a body tasked to oversee this new framework.

Key Provisions and Steps in the Administrative Adoption Process

1. The National Authority for Child Care (NACC)

RA 11642 established the NACC to centralize all adoption-related processes, previously scattered among various agencies.
The NACC oversees all aspects of adoption, from the intake of children eligible for adoption to the vetting of prospective adoptive parents, ensuring all actions are in the child's best interest.

2. Eligibility and Status of Adoptable Children

Under the Act, only children who are legally “certified as legally available for adoption” (CLAA) by the NACC are eligible for adoption.
Children abandoned, neglected, voluntarily committed, or surrendered to licensed child-caring institutions can qualify, provided the necessary legal paperwork (CLAA) is in place.
The NACC rigorously assesses each case to ensure the child’s adoptive status is legally sound and their best interests are prioritized.

3. Eligibility Requirements for Prospective Adoptive Parents (PAPs)

Prospective Adoptive Parents must meet specific requirements:
- Be of legal age and at least 16 years older than the adoptee (unless the adopter is the biological parent or the spouse of the biological parent).
- Must be of sound mind, have good moral character, and possess the capability to support the child financially and emotionally.
- Non-resident foreign nationals may adopt only through inter-country adoption, unless granted exception under specific cases.

4. Administrative Adoption Procedure

Step-by-Step Process

Application: Prospective adoptive parents file an application with the NACC. The application includes personal history, psychological assessments, police clearances, health evaluations, and financial records.
Home Study Report (HSR): The NACC assigns a licensed social worker to conduct an HSR, evaluating the applicant's suitability to adopt.
- This report includes details about the applicant’s home environment, family background, motivation for adoption, capacity to care for the child, and readiness for adoption.
Matching: The NACC manages a matching process to ensure the prospective adoptive parents align with the child’s needs, guided by a Matching Committee within the NACC.
Supervised Trial Custody: If a match is successful, the child is placed in the adoptive home under trial custody, supervised by NACC social workers.
- This period typically lasts six months, during which the adoptive family and child are monitored to ensure compatibility and adjustment.
Finalization of Adoption: Upon successful completion of the trial custody period, the NACC issues an Order of Adoption, granting full legal status of the child as a member of the adoptive family.

5. Issuance of Certificate of Finality and New Birth Certificate

Upon finalization, the NACC issues a Certificate of Finality of Adoption, effectively rendering the child’s new status irrevocable.
A new birth certificate, reflecting the adoptive parents’ names, is issued by the Philippine Statistics Authority (PSA), thus establishing the legal relationship akin to a natural parent-child relationship.

6. Rights and Privileges of Adopted Children

Paternity and Filiation: An adopted child has the same rights as a legitimate child under Philippine law. This includes rights to support, inheritance, and the use of the adoptive parents' surname.
Confidentiality and Records: Adoption records are maintained confidentially. Any information on adoption is restricted and requires a court order for access unless the adoptee has reached the age of majority and requests it.
Amendments to Legal Documents: The child’s new status is documented in official records, with amendments to birth records to reflect the adoptive family’s lineage. This aligns with provisions under the Family Code regarding paternity and filiation for adopted children.

Streamlining and Decentralization

Under RA 11642, administrative adoption processes are no longer exclusively centralized in judicial courts, which significantly reduces processing times and expenses associated with traditional adoption. This streamlined process prioritizes children's welfare and secures adoptive families' rights and obligations efficiently, in line with the child’s right to a permanent family environment.

Implications of RA 11642 on Family Code Provisions on Paternity and Filiation

Equal Status of Adopted and Biological Children: RA 11642 reaffirms that adopted children enjoy the same rights as biological children. In matters of succession, inheritance, and support, adopted children are on equal footing with biological children, per the Family Code.
Legal Irrevocability: Once finalized, the adoption becomes irrevocable, solidifying the child’s rights and obligations within the adoptive family. Termination of parental rights or adoption annulment is restricted and may only proceed under extraordinary circumstances, emphasizing the permanence of the legal bond.
Legal Protections: Adopted children are protected against discrimination, upholding the principle that they are entitled to the same legal protections, familial rights, and privileges as natural-born children.

Conclusion

Republic Act No. 11642, by instituting an administrative process for adoption, has modernized and improved child care and adoption in the Philippines. Through the establishment of the NACC and a more accessible administrative adoption framework, this law aligns with international standards and prioritizes the welfare of children. RA 11642 not only promotes faster adoption but also ensures that adopted children fully enjoy the rights and privileges of legitimate children, particularly regarding paternity, filiation, and family life. This administrative adoption process under the Family Code further underscores the commitment of Philippine law to uphold the welfare, stability, and security of every Filipino child.

This summary encapsulates all aspects of the administrative adoption process under RA 11642, its alignment with the Family Code, and its impact on paternity and filiation for adopted children in the Philippines.