Under the Philippine law, specifically under Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act (RA 11642), the Effects of Adoption on the adopted child and the adoptive family are explicitly detailed to ensure the full integration of the adopted child into the adoptive family, both legally and personally. This comprehensive law modernizes and expedites the adoption process, aligning with the goal of safeguarding children’s rights and fostering family integrity. Below is an in-depth explanation of the effects of adoption under RA 11642, as they pertain to the legal rights, obligations, and status of the adopted child and the adoptive parents:
1. Legal Status of the Adopted Child
Upon the issuance of an adoption decree under RA 11642, the adopted child is considered, for all intents and purposes, a legitimate child of the adoptive parents. This legal status means that the adopted child will enjoy the same rights, privileges, and duties as a biological child of the adoptive parents. In practical terms, this includes the following:
Right to Use the Surname of the Adoptive Parents: The adopted child shall be allowed to use the surname of the adoptive parents, thereby legally and symbolically integrating the child into the adoptive family’s identity.
Full Rights of Succession: The adopted child is granted equal inheritance rights as a legitimate child. This means that, in matters of inheritance, the adopted child has the same rights as any biological child of the adoptive parents, which is protected under Philippine law.
2. Severance of Legal Ties with Biological Parents
The adoption decree under RA 11642 also severs all legal ties between the adopted child and the biological parents. Consequently, the biological parents and other relatives lose all legal rights and obligations toward the child, and the child likewise loses legal rights, including inheritance rights, from their biological family. However, certain exceptions may apply, such as when the biological parent is married to the adoptive parent (in cases of step-parent adoption), where legal ties may remain partially intact.
3. Confidentiality of the Adoption
RA 11642 emphasizes the confidentiality of adoption proceedings. This includes measures to protect the identity of the biological parents, as well as the identity of the adopted child and adoptive parents throughout the process. The confidentiality provisions are intended to maintain privacy and prevent potential social stigma for the adopted child and the adoptive family. Exceptions to confidentiality can only be made under circumstances where the release of information is authorized by the court or is in the best interest of the adopted child.
4. Effect on Parental Authority
Once the adoption is finalized, full parental authority over the adopted child is vested in the adoptive parents. This confers upon the adoptive parents all the rights and obligations they would have over a biological child, such as the duty to care for, protect, and provide for the child’s needs. The adopted child is also expected to respect and obey the adoptive parents, as would be expected in a biological parent-child relationship.
5. Effect on Citizenship
RA 11642 also considers the effect of adoption on the citizenship of the adopted child. If the adoption is conducted by Filipino citizens, the adopted child may acquire Filipino citizenship, assuming the requirements of Philippine laws on citizenship are met. This acquisition of citizenship can have significant implications for the child’s rights, such as access to education, healthcare, and other services in the Philippines.
6. Irrevocability of Adoption
Adoption under RA 11642 is irrevocable except under exceptional circumstances, such as if it is proven that the adoption was obtained through fraud, coercion, or other unlawful means. This irrevocability underscores the serious commitment that adoption represents, both for the adoptive parents and for the child. The stability that irrevocability provides is essential for the well-being of the child, ensuring that they have a permanent family environment.
7. Adopted Child’s Rights to Know Biological Heritage
RA 11642 acknowledges the adopted child’s right to know their biological heritage upon reaching the age of majority. Although the confidentiality provisions protect the identity of biological parents during the adoption process, an adopted adult may request access to information about their biological origins. This provision aims to respect the adopted individual’s right to identity and may help address psychological needs associated with personal history.
8. Responsibility of the National Authority for Child Care (NACC)
RA 11642 established the National Authority for Child Care (NACC) to oversee and manage all matters related to adoption and alternative child care in the Philippines. The NACC is responsible for:
- Ensuring that all adoption processes comply with the law and that the welfare of the adopted child is protected at all stages.
- Assisting in cases where the adopted child needs support or if there are issues post-adoption.
- Coordinating with local government units and agencies to enforce and oversee adoption policies, ensure compliance with the Family Code, and offer counseling or other supportive measures to adoptive families.
The establishment of the NACC under RA 11642 is a significant feature aimed at centralizing adoption-related activities, enhancing support for adoptive families, and ensuring that the welfare of children remains the highest priority in all adoption and alternative child care procedures.
9. Rights to Child Support
Adoptive parents are legally obligated to provide support to the adopted child, just as they would for a biological child. This includes financial support for education, healthcare, and overall well-being. The law mandates that the adopted child’s needs must be adequately met by the adoptive parents, ensuring that the child benefits from a stable and supportive family environment.
10. Protections Against Abuse and Neglect
RA 11642 reinforces that adoptive parents must uphold their responsibilities without any abuse or neglect of the adopted child. If adoptive parents are found to be negligent or abusive, legal remedies are available, including the potential for intervention by the NACC or other authorities to ensure the child’s safety and welfare.
Summary
In summary, the Effects of Adoption under RA 11642 are comprehensive and designed to ensure that adopted children are integrated fully into their adoptive families, with the same legal rights, protections, and responsibilities as biological children. The law establishes a clear framework for irrevocable adoption, strengthens confidentiality, and provides a mechanism for adopted children to access information about their heritage. The establishment of the NACC underscores the government’s commitment to ensuring that all children have a stable, loving, and legally secure family environment, which is fundamental to their development and well-being.
This structured approach reflects the law’s core intent: to prioritize the welfare of the child while fostering family integrity, ensuring legal stability, and respecting both the rights and responsibilities inherent in the adoption process.