Topic: Who May Adopt under R.A. No. 11642 or the Domestic Administrative Adoption and Alternative Child Care Act

The Republic Act No. 11642, also known as the "Domestic Administrative Adoption and Alternative Child Care Act," significantly reformed the procedures and requirements related to adoption in the Philippines. It shifted the adoption process from the judiciary to an administrative framework to streamline and simplify the procedures. Here is a comprehensive discussion on the qualifications and requirements for individuals or entities that may adopt under this law.

1. Who May Adopt Under R.A. No. 11642

R.A. No. 11642 provides specific qualifications for individuals or married couples who wish to adopt. These are outlined below:

a. Individual Applicant

An individual seeking to adopt must meet the following criteria:

Age Requirement: The adopter must be of legal age and at least sixteen (16) years older than the adoptee. However, this age difference may be waived if:
- The adopter is the biological parent of the child; or
- The adopter is the spouse of the child’s biological parent.
Civil Status: The adopter may be single or married. However, if married, both spouses must jointly adopt unless:
- One spouse seeks to adopt the legitimate child of the other; or
- One spouse seeks to adopt their own illegitimate child.
Fitness to Adopt: The adopter must possess full legal capacity and rights. This includes:
- Mental and emotional stability.
- A genuine interest in the adoption process.
- Absence of any criminal conviction involving moral turpitude, abuse, or neglect of children.

b. Married Applicants

If the applicants are married, both spouses must adopt jointly. This is mandatory to ensure the adopted child will have a stable family environment. The law provides two key exceptions:

If one spouse is adopting the legitimate child of the other spouse.
If one spouse is adopting his or her own illegitimate child.

c. Foreign Nationals as Adopters

Foreign nationals are eligible to adopt under R.A. No. 11642, but they must comply with additional requirements:

They must reside in the Philippines for at least three (3) continuous years before filing the adoption application. This residency requirement may be waived by the National Authority for Child Care (NACC) under the following conditions:
- The foreigner is married to a Filipino citizen.
- The foreigner is a former Filipino citizen who seeks to adopt a relative.
- The foreigner seeks to adopt a child who is a relative within the fourth (4th) degree of consanguinity or affinity.
They must demonstrate their capability to support and care for the adoptee in accordance with Philippine law.
They must submit certification from their country’s consulate or embassy verifying that their country’s adoption laws permit inter-country adoptions and that the foreigner’s adoption of the Filipino child will be recognized in their home country.

d. Permanent Residents of the Philippines

Non-Filipinos who have gained permanent resident status in the Philippines may adopt under the same conditions as Filipino nationals. This flexibility encourages inter-country adoption without placing undue hardship on foreign residents wishing to adopt Filipino children.

2. Disqualifications for Adoption

R.A. No. 11642 also outlines several disqualifications to ensure that adopters possess the appropriate character and stability to raise a child. Individuals may not adopt if they have:

Been convicted of any offense involving moral turpitude, child abuse, or neglect.
Lost their parental rights over any of their biological or adopted children.
Demonstrated behavior that is incompatible with the welfare of children.

These disqualifications are mandatory, and even a single instance of the disqualifying conditions may prevent the adoption.

3. Special Considerations Under R.A. No. 11642

a. Relative Adoption

Relative adoption, which is adopting a child within the fourth (4th) degree of consanguinity or affinity, is prioritized under R.A. No. 11642. The process is often streamlined in recognition of the child’s existing family connections. However, relatives must still meet all general qualifications, including proving their fitness to adopt.

b. Waiver of Certain Requirements

The National Authority for Child Care (NACC) has discretion to waive certain requirements to facilitate the best interests of the child. For example:

The residency requirement may be waived for foreign nationals married to Filipino citizens.
The age difference requirement may be waived in cases where the adopter is the biological parent of the child.

c. Requirements for Adoption of Stepchildren

When adopting stepchildren, the legal spouse of the biological parent of the child may adopt without the need for joint adoption by both spouses. This special provision ensures that the child is legally integrated into the family without complicating the relationship with the biological parent.

4. Adoption Process under the Administrative Framework

R.A. No. 11642 has removed the court's involvement in adoption, transferring jurisdiction to the National Authority for Child Care (NACC), which now manages the administrative adoption process. The steps are as follows:

Filing of Petition: The adopter must file a petition with the NACC, demonstrating their qualifications and compliance with the law’s requirements.
Home Study Report: NACC conducts a home study to assess the prospective adopter’s home environment, financial capacity, and readiness.
Matching: For non-relative adoptions, the NACC facilitates the matching process to ensure the child is placed in the most appropriate family environment.
Issuance of Adoption Order: Once the child is placed with the adopter and the suitability is confirmed, NACC issues the adoption order administratively, eliminating the need for a court decree.

5. Rights of the Adopted Child and Legal Effects of Adoption

Upon completion of the administrative adoption process:

The adopted child gains all rights and privileges of a legitimate child, including inheritance rights and the use of the adoptive parent’s surname.
The biological parent-child relationship is legally severed, except when the child is adopted by the spouse of one of the biological parents.
The child gains legal rights in the adopter's home country if it recognizes Philippine adoptions (important for foreign nationals adopting Filipino children).

Conclusion:

R.A. No. 11642 aims to prioritize the welfare of the child by making the adoption process more accessible and streamlined. It imposes strict qualifications for prospective adopters to ensure only fit individuals or couples can adopt, thus safeguarding the child’s best interests. Through the creation of the NACC and its administration of the adoption process, the Philippine government seeks to balance the rights of the child and the family unit in alignment with international standards on child care and protection.