Under the Philippine Family Code and R.A. No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act, the rules and requirements surrounding adoption, including who may be adopted, are detailed. R.A. No. 11642 aims to simplify and streamline adoption processes while protecting the welfare and rights of the child. Here’s an in-depth look at who may be adopted under this law:

Who May Be Adopted (Under R.A. No. 11642)

R.A. No. 11642 outlines specific qualifications for individuals who may be adopted under Philippine law. These are:

Any Filipino Child Who is Legally Available for Adoption:
- This includes minors who meet the criteria for legal availability for adoption, specifically children who are either orphaned, abandoned, voluntarily committed, or neglected.
- Orphaned Child: A child whose parents are deceased or absent.
- Abandoned Child: A child left behind or deserted by parents or guardians, with no provision of support or contact over a sustained period, thereby proving the intent of abandonment.
- Voluntarily Committed Child: A child who has been surrendered by the biological parents or legal guardian to the Department of Social Welfare and Development (DSWD) or to a duly accredited child-caring institution, and who is consequently in need of alternative care.
- Neglected Child: A child who is not being provided adequate care, supervision, or essential needs by their parents or guardians, resulting in harm or developmental issues.
Legally Available for Adoption Declaration:
- The child must have been declared legally available for adoption by the DSWD through a Certification Declaring a Child Legally Available for Adoption (CDCLAA).
- This certification is issued after due assessment, proving that the child meets one of the conditions outlined above, ensuring that they are in need of an adoptive family.
Individuals Over Eighteen (18) Years of Age:
- Adoption is also possible for individuals over 18 years old but only under specific circumstances. Primarily, the purpose of such adoption is often the recognition of a filial relationship. Such cases may arise, for example, in situations where an adult adoptee has been in the custody of, or treated as a child by, the prospective adoptive parent(s) since minority.
- In these cases, consent from the person to be adopted is required, recognizing that as an adult, they have the legal right to consent to such life changes.
Foreign Children with Special Cases:
- While the primary intent of R.A. No. 11642 is domestic adoption, it provides considerations for inter-country adoption, especially in cases where the Filipino adopting parent resides abroad.
- Inter-country adoption is processed differently, following specific regulations and under the jurisdiction of the Inter-Country Adoption Board (ICAB) to ensure compliance with international adoption laws.
Consent of Biological Parents or Legal Guardian (if Applicable):
- If the child is to be voluntarily surrendered for adoption, there must be a written consent from the biological parents or legal guardian. This consent must be free, informed, and given voluntarily after understanding the implications of adoption.
- The DSWD or an accredited adoption agency must ensure that all biological parents (if known and alive) have been counseled on the implications of adoption and that their consent is neither coerced nor unduly influenced.
Siblings in Case of Multiple Children:
- Sibling adoption is encouraged and preferred, where possible, to prevent the separation of siblings and support family unity.
- If siblings are available for adoption, prospective adoptive parents are urged to adopt them together unless it is in the best interest of the child not to do so.

Additional Considerations for Adoptable Status:

R.A. No. 11642 aims to improve the lives of children through adoption while preventing illegal adoption practices. As such, additional criteria have been laid out to ensure children eligible for adoption truly need this arrangement.

Children Whose Parents Have Been Stripped of Parental Authority: If the biological parents have been legally stripped of their parental rights due to abuse, abandonment, or neglect, these children are eligible for adoption.
Those Needing Alternative Care Due to Parental Incapacity: In situations where parents are temporarily or permanently incapable of performing parental duties, the child may be eligible for adoption.
Minors in Child-Caring Agencies: Children under the care of government-recognized child-caring agencies are included if they meet the criteria for abandonment, neglect, or similar needs.

Protections and Rights of Adoptable Children

The law emphasizes the following to safeguard the best interests of children:

Best Interests of the Child: The paramount consideration for adoption is the child’s best interest, ensuring that every decision made under R.A. No. 11642 promotes a stable and nurturing family environment.
Protection Against Child Trafficking: The law prohibits and penalizes any form of child trafficking, including through unauthorized or illegal adoptions. This protects children from exploitation under the guise of adoption.
Counseling and Proper Documentation: Prospective adoptive parents, biological parents, and even the children (where age-appropriate) must undergo counseling and proper documentation. The DSWD and accredited adoption agencies oversee these procedures.
Right to Information: Adopted children, upon reaching the age of majority, have the right to access information regarding their biological families and the adoption, with safeguards in place to ensure this right does not conflict with privacy concerns.
Preference for Domestic Adoption: R.A. No. 11642 prioritizes local adoption over inter-country adoption, ensuring that Filipino children can grow up within Filipino culture and values whenever possible.

Summary

To qualify as an adoptee under R.A. No. 11642:

The individual must be a minor legally available for adoption.
In cases where the adoptee is over 18, they must consent to the adoption.
Sibling adoption is encouraged, prioritizing family unity.
Compliance with DSWD or child-caring institution requirements is essential.

In conclusion, R.A. No. 11642 provides a comprehensive legal framework to protect the rights of children while facilitating adoption for those in need of permanent families. It establishes clear eligibility criteria for adoption, ensuring only children who genuinely need a stable family environment are adopted, thus safeguarding the best interests of each child involved.