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Simplified Adoption Process Law Signed

Simplified Adoption Process Law Signed
Photo by Ron Lach from Pexels

President Duterte has signed into law a measure that allows simpler and inexpensive domestic administrative adoption proceedings and to streamline services for alternative child care.

Republic Act No. 11642 or the Domestic Administrative Adoption and Alternative Child Care Act was signed into law last Jan. 6, documents released by Malacañang on Thursday, Jan. 13, showed.

Under the law, the Inter-Country Adoption Board will be reorganized into a one-stop quasi-judicial agency called the National Authority for Child Care (NACC).

Attached to the social welfare department, the NACC will serve as the policy-making body and will have exclusive jurisdiction over all matters related to alternative child care and adoption. Led by a council, the NACC will also have the authority to impose penalties for any violation of the law.

Under the law, no child shall be a subject of administrative adoption unless his or her status has been declared legally available for adoption except in cases of relative or step-parent adoption.

Independent placement cases or the entrustment of a child by the parents to a relative or another person without seeking intervention from government, non-government, or any social worker will be covered by the law if the child is already in the custody of his or her custodian before the effectivity of the law.

The law also enumerates the procedures involved in declaring a child legally available for adoption and administrative adoption as well as the qualifications of those who can adopt and who may be adopted.

The law also designates the second week of June as adoption and alternative child care week.

Penalties

Persons who obtain consent for an adoption through coercion, undue influence, fraud, improper material inducement or other similar acts; do not comply with the procedures and safeguards provided by the law for adoption; or subject or expose the child to be adopted to danger, abuse or exploitation will be punished with imprisonment ranging from six years and one day to 12 years or a fine ranging from P50,000 to P200,000 or both depending on the decision of the court.

Any person who causes the fictitious registration of the birth of a child under the name of a person who is not the child’s biological parent will be guilty of simulation of birth and will be punished with imprisonment ranging from eight years and one day to ten years and a fine not exceeding P50,000.

Any physician, midwife, nurse or hospital personnel who will cooperate in the simulation of birth will be slapped with the same penalties and will be disqualified permanently from the practice of profession.

Any person who violates the regulations on confidentiality and integrity of records, documents, and communications of adoption petitions, cases, and processes will suffer the penalty of imprisonment ranging from one year and one day to two years or a fine ranging from P5,000 to P10,000 or both.

Punishable acts involving a child that are committed by a syndicate shall be considered child trafficking and shall merit the penalty of imprisonment from 20 years and one day to 40 years. An unlawful act is deemed committed by a syndicate if carried out by a group of three or more persons conspiring with one another.

Adoption discrimination acts including labeling, shaming and bullying are punishable by fine ranging from P10,000 to P20,000.

President Duterte has signed into law a measure that allows simpler and inexpensive domestic administrative adoption proceedings and to streamline services for alternative child care.

Republic Act No. 11642 or the Domestic Administrative Adoption and Alternative Child Care Act was signed into law last Jan. 6, documents released by Malacañang on Thursday, Jan. 13, showed.

Under the law, the Inter-Country Adoption Board will be reorganized into a one-stop quasi-judicial agency called the National Authority for Child Care (NACC).

Attached to the social welfare department, the NACC will serve as the policy-making body and will have exclusive jurisdiction over all matters related to alternative child care and adoption. Led by a council, the NACC will also have the authority to impose penalties for any violation of the law.

Under the law, no child shall be a subject of administrative adoption unless his or her status has been declared legally available for adoption except in cases of relative or step-parent adoption.

Independent placement cases or the entrustment of a child by the parents to a relative or another person without seeking intervention from government, non-government, or any social worker will be covered by the law if the child is already in the custody of his or her custodian before the effectivity of the law.

The law also enumerates the procedures involved in declaring a child legally available for adoption and administrative adoption as well as the qualifications of those who can adopt and who may be adopted.

The law also designates the second week of June as adoption and alternative child care week.

Penalties

Persons who obtain consent for an adoption through coercion, undue influence, fraud, improper material inducement or other similar acts; do not comply with the procedures and safeguards provided by the law for adoption; or subject or expose the child to be adopted to danger, abuse or exploitation will be punished with imprisonment ranging from six years and one day to 12 years or a fine ranging from P50,000 to P200,000 or both depending on the decision of the court.

Any person who causes the fictitious registration of the birth of a child under the name of a person who is not the child’s biological parent will be guilty of simulation of birth and will be punished with imprisonment ranging from eight years and one day to ten years and a fine not exceeding P50,000.

Any physician, midwife, nurse or hospital personnel who will cooperate in the simulation of birth will be slapped with the same penalties and will be disqualified permanently from the practice of profession.

Any person who violates the regulations on confidentiality and integrity of records, documents, and communications of adoption petitions, cases, and processes will suffer the penalty of imprisonment ranging from one year and one day to two years or a fine ranging from P5,000 to P10,000 or both.

Punishable acts involving a child that are committed by a syndicate shall be considered child trafficking and shall merit the penalty of imprisonment from 20 years and one day to 40 years. An unlawful act is deemed committed by a syndicate if carried out by a group of three or more persons conspiring with one another.

Adoption discrimination acts including labeling, shaming and bullying are punishable by fine ranging from P10,000 to P20,000.