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Republic Act No. 8552 February 25, 1998 (iv) Conduct public information and educational
campaigns to promote a positive environment for
adoption;
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE
DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR
OTHER PURPOSES (v) Ensure that sufficient capacity exists within
government and private sector agencies to handle
adoption inquiries, process domestic adoption
Be it enacted by the Senate and House of Representatives of applications, and offer adoption-related services
the Philippines in Congress assembled:: including, but not limited to, parent preparation and
post-adoption education and counseling; and
ARTICLE I
GENERAL PROVISIONS (vi) Encourage domestic adoption so as to preserve the
child's identity and culture in his/her native land, and
Section 1. Short Title. This Act shall be known as the only when this is not available shall intercountry
"Domestic Adoption Act of 1998." adoption be considered as a last resort.
Section 2. Declaration of Policies. (a) It is hereby declared Section 3. Definition of Terms. For purposes of this Act, the
the policy of the State to ensure that every child remains under following terms shall be defined as:
the care and custody of his/her parent(s) and be provided with
love, care, understanding and security towards the full and (a) "Child" is a person below eighteen (18) years of age.
harmonious development of his/her personality. Only when such
efforts prove insufficient and no appropriate placement or
(b) "A child legally available for adoption" refers to a
adoption within the child's extended family is available shall
child who has been voluntarily or involuntarily
adoption by an unrelated person be considered.
committed to the Department or to a duly licensed and
accredited child-placing or child-caring agency, freed of
(b) In all matters relating to the care, custody and adoption of a the parental authority of his/her biological parent(s) or
child, his/her interest shall be the paramount consideration in guardian or adopter(s) in case of rescission of adoption.
accordance with the tenets set forth in the United Nations (UN)
Convention on the Rights of the Child; UN Declaration on Social
(c) "Voluntarily committed child" is one whose parent(s)
and Legal Principles Relating to the Protection and Welfare of
knowingly and willingly relinquishes parental authority to
Children with Special Reference to Foster Placement and
the Department.
Adoption, Nationally and Internationally; and the Hague
Convention on the Protection of Children and Cooperation in
Respect of Intercountry Adoption. Toward this end, the State (d) "Involuntarily committed child" is one whose
shall provide alternative protection and assistance through foster parent(s), known or unknown, has been permanently
care or adoption for every child who is neglected, orphaned, or and judicially deprived of parental authority due to
abandoned. abandonment; substantial, continuous, or repeated
neglect; abuse; or incompetence to discharge parental
responsibilities.
(c) It shall also be a State policy to:
(i) "Child-caring agency" is a duly licensed and (a) Any Filipino citizen of legal age, in possession of full
accredited agency by the Department that provides civil capacity and legal rights, of good moral character,
twenty four (24)-hour residential care services for has not been convicted of any crime involving moral
abandoned, orphaned, neglected, or voluntarily turpitude, emotionally and psychologically capable of
committed children. caring for children, at least sixteen (16) years older than
the adoptee, and who is in a position to support and
(j) "Simulation of birth" is the tampering of the civil care for his/her children in keeping with the means of
registry making it appear in the birth records that a the family. The requirement of sixteen (16) year
certain child was born to a person who is not his/her difference between the age of the adopter and adoptee
biological mother, causing such child to lose his/her true may be waived when the adopter is the biological
identity and status. parent of the adoptee, or is the spouse of the adoptee's
parent;
ARTICLE II
PRE-ADOPTION SERVICES (b) Any alien possessing the same qualifications as
above stated for Filipino nationals: Provided, That
his/her country has diplomatic relations with the
Section 4. Counseling Service. The Department shall provide
Republic of the Philippines, that he/she has been living
the services of licensed social workers to the following:
in the Philippines for at least three (3) continuous years
prior to the filing of the application for adoption and
(a) Biological Parent(s) Counseling shall be provided maintains such residence until the adoption decree is
to the parent(s) before and after the birth of his/her entered, that he/she has been certified by his/her
child. No binding commitment to an adoption plan shall diplomatic or consular office or any appropriate
be permitted before the birth of his/her child. A period of government agency that he/she has the legal capacity
six (6) months shall be allowed for the biological to adopt in his/her country, and that his/her government
parent(s) to reconsider any decision to relinquish allows the adoptee to enter his/her country as his/her
his/her child for adoption before the decision becomes adopted son/daughter: Provided, Further, That the
irrevocable. Counseling and rehabilitation services shall requirements on residency and certification of the
also be offered to the biological parent(s) after he/she alien's qualification to adopt in his/her country may be
has relinquished his/her child for adoption. waived for the following:
Steps shall be taken by the Department to ensure that (i) a former Filipino citizen who seeks to adopt
no hurried decisions are made and all alternatives for a relative within the fourth (4th) degree of
the child's future and the implications of each consanguinity or affinity; or
alternative have been provided.
(ii) one who seeks to adopt the legitimate
(b) Prospective Adoptive Parent(s) Counseling son/daughter of his/her Filipino spouse; or
sessions, adoption fora and seminars, among others,
shall be provided to prospective adoptive parent(s) to
(iii) one who is married to a Filipino citizen and
resolve possible adoption issues and to prepare
seeks to adopt jointly with his/her spouse a
him/her for effective parenting.
relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse;
(c) Prospective Adoptee Counseling sessions shall be or
provided to ensure that he/she understands the nature
and effects of adoption and is able to express his/her
(c) The guardian with respect to the ward after the
views on adoption in accordance with his/her age and
termination of the guardianship and clearance of his/her
level of maturity.
financial accountabilities.
Section 8. Who May Be Adopted. The following may be child-placing or child-caring agency has made a case study of
adopted: the adoptee, his/her biological parent(s), as well as the
adopter(s), and has submitted the report and recommendations
(a) Any person below eighteen (18) years of age who on the matter to the court hearing such petition.
has been administratively or judicially declared
available for adoption; At the time of preparation of the adoptee's case study, the
concerned social worker shall confirm with the Civil Registry the
(b) The legitimate son/daughter of one spouse by the real identity and registered name of the adoptee. If the birth of
other spouse; the adoptee was not registered with the Civil Registry, it shall be
the responsibility of the concerned social worker to ensure that
the adoptee is registered.
(c) An illegitimate son/daughter by a qualified adopter to
improve his/her status to that of legitimacy;
The case study on the adoptee shall establish that he/she is
legally available for adoption and that the documents to support
(d) A person of legal age if, prior to the adoption, said
this fact are valid and authentic. Further, the case study of the
person has been consistently considered and treated
adopter(s) shall ascertain his/her genuine intentions and that the
by the adopter(s) as his/her own child since minority;
adoption is in the best interest of the child.
the annotation of the issuance of an amended birth certificate in if the adoptee is still a minor or incapacitated. The reciprocal
its place and shall be sealed in the civil registry records. The new rights and obligations of the adopter(s) and the adoptee to each
birth certificate to be issued to the adoptee shall not bear any other shall be extinguished.
notation that it is an amended issue.
The court shall order the Civil Registrar to cancel the amended
Section 15. Confidential Nature of Proceedings and certificate of birth of the adoptee and restore his/her original birth
Records. All hearings in adoption cases shall be confidential certificate.
and shall not be open to the public. All records, books, and
papers relating to the adoption cases in the files of the court, the Succession rights shall revert to its status prior to adoption, but
Department, or any other agency or institution participating in the only as of the date of judgment of judicial rescission. Vested
adoption proceedings shall be kept strictly confidential. rights acquired prior to judicial rescission shall be respected.
If the court finds that the disclosure of the information to a third All the foregoing effects of rescission of adoption shall be without
person is necessary for purposes connected with or arising out prejudice to the penalties imposable under the Penal Code if the
of the adoption and will be for the best interest of the adoptee, criminal acts are properly proven.
the court may merit the necessary information to be released,
restricting the purposes for which it may be used.
ARTICLE VII
VIOLATIONS AND PENALTIES
Acts punishable under this Article are deemed committed by a Section 26. Repealing Clause. Any law, presidential decree
syndicate if carried out by a group of three (3) or more persons or issuance, executive order, letter of instruction, administrative
conspiring and/or confederating with one another in carrying out order, rule, or regulation contrary to, or inconsistent with the
any of the unlawful acts defined under this Article. Penalties as provisions of this Act is hereby repealed, modified, or amended
are herein provided, shall be in addition to any other penalties accordingly.
which may be imposed for the same acts punishable under other
laws, ordinances, executive orders, and proclamations. Section 27. Separability Clause. If any provision of this Act is
held invalid or unconstitutional, the other provisions not affected
When the offender is an alien, he/she shall be deported thereby shall remain valid and subsisting.
immediately after service of sentence and perpetually excluded
from entry to the country. Section 28. Effectivity Clause. This Act shall take effect
fifteen (15) days following its complete publication in any
Any government official, employee or functionary who shall be newspaper of general circulation or in the Official Gazette.
found guilty of violating any of the provisions of this Act, or who
shall conspire with private individuals shall, in addition to the Approved: February 25, 1998
above-prescribed penalties, be penalized in accordance with
existing civil service laws, rules and regulations: Provided, That
upon the filing of a case, either administrative or criminal, said Republic Act 8043
government official, employee, or functionary concerned shall The Inter-Country Adoption Act of 1995
automatically suffer suspension until the resolution of the case.
Section 22. Rectification of Simulated Births. A person who "AN ACT ESTABLISHING THE RULES TO GOVERN INTER-
has, prior to the effectivity of this Act, simulated the birth of a COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR
child shall not be punished for such act: Provided, That the OTHER PURPOSES"
simulation of birth was made for the best interest of the child and Section 1. Short Title. This Act shall be known as the "Inter-
that he/she has been consistently considered and treated by that Country Adoption Act of 1995."
person as his/her own son/daughter: Provided, further, That the
application for correction of the birth registration and petition for Sec. 2. Declaration of Policy. It is hereby declared the policy
adoption shall be filed within five (5) years from the effectivity of of the State to provide every neglected and abandoned child with
a family that will provide such child with love and care as well as
this Act and completed thereafter: Provided, finally, That such
opportunities for growth and development. Towards this end,
person complies with the procedure as specified in Article IV of
efforts shall be exerted to place the child with an adoptive family
this Act and other requirements as determined by the in the Philippines. However, recognizing that inter-country
Department. adoption may be considered as allowing aliens not presently
allowed by law to adopt Filipino children if such children cannot
ARTICLE VIII be adopted by qualified Filipino citizens or aliens, the State shall
FINAL PROVISIONS take measures to ensure that inter-country adoptions are
allowed when the same shall prove beneficial to the child's best
interests, and shall serve and protect his/her fundamental rights.
Section 23. Adoption Resource and Referral Office. There
shall be established an Adoption Resources and Referral Office Sec. 3. Definition of Terms. As used in this Act. the term:
under the Department with the following functions: (a) monitor (a) Inter-country adoption refers to the socio-legal process
the existence, number, and flow of children legally available for of adopting a Filipino child by a foreigner or a Filipino citizen
adoption and prospective adopter(s) so as to facilitate their permanently residing abroad where the petition is filed, the
matching; (b) maintain a nationwide information and educational supervised trial custody is undertaken, and the decree of
campaign on domestic adoption; (c) keep records of adoption adoption is issued outside the Philippines.
proceedings; (d) generate resources to help child-caring and (b) Child means a person below fifteen (15) years of age
child-placing agencies and foster homes maintain viability; and unless sooner emancipated by law.
(e) do policy research in collaboration with the Intercountry (c) Department refers to the Department of Social Welfare
Adoption Board and other concerned agencies. The office shall and Development of the Republic of the Philippines.
be manned by adoption experts from the public and private (d) Secretary refers to the Secretary of the Department of
sectors. Social Welfare and Development.
(e) Authorized and accredited agency refers to the State
welfare agency or a licensed adoption agency in the country of
Section 24. Implementing Rules and Regulations. Within six the adopting parents which provide comprehensive social
(6) months from the promulgation of this Act, the Department, services and which is duly recognized by the Department.
with the Council for the Welfare of Children, the Office of Civil (f) Legally-free child means a child who has been voluntarily
Registry General, the Department of Justice, Office of the or involuntarily committed to the Department, in accordance with
Solicitor General, and two (2) private individuals representing the Child and Youth Welfare Code.
child-placing and child-caring agencies shall formulate the (g) Matching refers to the judicious pairing of the adoptive
necessary guidelines to make the provisions of this Act child and the applicant to promote a mutually satisfying parent-
operative. child relationship.
(h) Board refers to the Inter-country Adoption Board.
Section 25. Appropriations. Such sum as may be necessary ARTICLE II
for the implementation of the provisions of this Act shall be THE INTER-COUNTRY ADOPTION BOARD
included in the General Appropriations Act of the year following
its enactment into law and thereafter. Sec. 4. The Inter-Country Adoption Board. There is hereby
Page 6 of 18 ADOPTION LAWS (Special Proceedings) | amgisidro
created the Inter-Country Adoption Board, hereinafter referred to accredited by their own government to conduct inter-country
as the Board to act as the central authority in matters relating to adoption: Provided, however, That the total number of authorized
inter-country adoption. It shall act as the policy-making body for and accredited foreign private adoption agencies shall not
purposes of carrying out the provisions of this Act, in consultation exceed one hundred (100) a year;
and coordination with the Department, the different child-care (j) to take appropriate measures to ensure confidentiality of
and placement agencies, adoptive agencies, as well as non- the records of the child, the natural parents and the adoptive
governmental organizations engaged in child-care and parents at all times;
placement activities. As such, it shall: (k) to prepare, review or modify, and thereafter, recommend to
the Department of Foreign Affairs, Memoranda of Agreement
(a) Protect the Filipino child from abuse, exploitation,
respecting inter-country adoption consistent with the
trafficking and/or sale or any other practice in connection with
implementation of this Act and its stated goals, entered into,
adoption which is harmful, detrimental, or prejudicial to the child;
between and among foreign governments, international
(b) Collect, maintain, and preserve confidential information
organizations and recognized international non-governmental
about the child and the adoptive parents;
organizations;
(c) Monitor, follow up, and facilitate completion of adoption of
(l) to assist other concerned agencies and the courts in the
the child through authorized and accredited agency;
implementation of this Act, particularly as regards coordination
(d) Prevent improper financial or other gain in connection with
with foreign persons, agencies and other entities involved in the
an adoption and deter improper practices contrary to this Act;
process of adoption and the physical transfer of the child; and
(e) Promote the development of adoption services including
(m) to perform such other functions on matters relating to
post-legal adoption;
inter-country adoption as may be determined by the President.
(f) License and accredit child-caring/placement agencies and
collaborate with them in the placement of Filipino children; ARTICLE III
(g) Accredit and authorize foreign adoption agency in the PROCEDURE
placement of Filipino children in their own country; and
(h) Cancel the license to operate and blacklist the child-caring
and placement agency or adoptive agency involved from the Sec. 7. Inter-Country Adoption as the Last Resort. The
accreditation list of the Board upon a finding of violation of any Board shall ensure that all possibilities for adoption of the child
provision under this Act. under the Family Code have been exhausted and that inter-
country adoption is in the best interest of the child. Towards this
Sec. 5. Composition of the Board. The Board shall be end, the Board shall set up the guidelines to ensure that steps
composed of the Secretary of the Department as ex officio will be taken to place the child in the Philippines before the child
Chairman, and six (6) other members to be appointed by the is placed for inter-country adoption: Provided, however, That the
President for a nonrenewable term of six (6) years: Provided, maximum number that may be allowed for foreign adoption shall
That there shall be appointed one (1) psychiatrist or not exceed six hundred (600) a year for the first five (5) years.
psychologist, two (2) lawyers who shall have at least the
qualifications of a regional trial court judge, one (1) registered Sec. 8. Who May be Adopted. Only a legally free child may
social worker and two (2) representatives from non- be the subject of inter-country adoption. In order that such child
governmental organizations engaged in child-caring and may be considered for placement, the following documents must
placement activities. The members of the Board shall receive a be submitted to the Board:
per diem allowance of One thousand five hundred pesos (a)Child study;
(P1,500) for each meeting attended by them: Provided, further, (b)Birth certificate/foundling certificate;
That no compensation shall be paid for more than four (4) (c)Deed of voluntary commitment/decree of
meetings a month. abandonment/death certificate of parents;
(d)Medical evaluation /history;
Sec. 6. Powers and Functions of the Board. The Board (e)Psychological evaluation, as necessary; and
shall have the following powers and functions: (f)Recent photo of the child.
(a) to prescribe rules and regulations as it may deem Sec. 9. Who May Adopt. An alien or a Filipino citizen
reasonably necessary to carry out the provisions of this Act, after permanently residing abroad may file an application for inter-
consultation and upon favorable recommendation of the different country adoption of a Filipino child if he/she:
agencies concerned with the child-caring, placement, and
adoption; (a) is at least twenty-seven (27) years of age and at least
(b) to set the guidelines for the convening of an Inter-country sixteen (16) years older than the child to be adopted, at the time
Adoption Placement Committee which shall be under the direct of application unless the adopter is the parent by nature of the
supervision of the Board; child to be adopted or the spouse of such parent:
(c) to set the guidelines for the manner by which (b) if married, his/her spouse must jointly file for the adoption;
selection/matching of prospective adoptive parents and adoptive (c) has the capacity to act and assume all rights and
child can be made; responsibilities of parental authority under his national laws, and
(d) to determine a reasonable schedule of fees and charges to has undergone the appropriate counseling from an accredited
be exacted in connection with the application for adoption; counselor in his/her country;
(e) to determine the form and contents of the application for (d) has not been convicted of a crime involving moral
inter-country adoption; turpitude;
(g) to institute systems and procedures to prevent improper (e) is eligible to adopt under his/her national law;
financial gain in connection with adoption and deter improper (f) is in a position to provide the proper care and support and
practices which are contrary to this Act; to give the necessary moral values and example to all his
(h) to promote the development of adoption services, including children, including the child to be adopted;
post-legal adoption services, (g) agrees to uphold the basic rights of the child as embodied
(i) to accredit and authorize foreign private adoption agencies under Philippine laws, the U.N. Convention on the Rights of the
which have demonstrated professionalism, competence and Child, and to abide by the rules and regulations issued to
have consistently pursued non-profit objectives to engage in the implement the provisions of this Act;
placement of Filipino children in their own country: Provided, (h) comes from a country with whom the Philippines has
That such foreign private agencies are duly authorized and diplomatic relations and whose government maintains a similarly
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authorized and accredited agency and that adoption is allowed During the trial custody, the adopting parent(s) shall submit to
under his/her national laws; and the governmental agency or the authorized and accredited
(i) possesses all the qualifications and none of the agency, which shall in turn transmit a copy to the Board, a
disqualifications provided herein and in other applicable progress report of the child's adjustment. The progress report
Philippine laws. shall be taken into consideration in deciding whether or not to
issue the decree of adoption.
Sec. 10. Where to File Application. An application to adopt a
Filipino child shall be filed either with the Philippine Regional The Department of Foreign Affairs shall set up a system by
Trial Court having jurisdiction over the child, or with the Board, which Filipino children sent abroad for trial custody are
through an intermediate agency, whether governmental or an monitored and checked as reported by the authorized and
authorized and accredited agency, in the country of the accredited inter-country adoption agency as well as the
prospective adoptive parents, which application shall be in repatriation to the Philippines of a Filipino child whose adoption
accordance with the requirements as set forth in the has not been approved.
implementing rules and regulations to be promulgated by the
Sec. 15. Executive Agreements. The Department of Foreign
Board.
Affairs, upon representation of the Board, shall cause the
The application shall be supported by the following documents
preparation of Executive Agreements with countries of the
written and officially translated in English.
foreign adoption agencies to ensure the legitimate concurrence
(a) Birth certificate of applicant(s); of said countries in upholding the safeguards provided by this
(b) Marriage contract, if married, and divorce decree, if Act.
applicable;
ARTICLE IV
(c) Written consent of their biological or adoptive children
PENALTIES
above ten (10) years of age, in the form of sworn statement;
(d) Physical, medical and psychological evaluation by a duly
licensed physician and psychologist;
Sec. 16. Penalties.
(e) Income tax returns or any document showing the financial
capability of the applicant(s); (a) Any person who shall knowingly participate in the conduct or
(f) Police clearance of applicant(s); carrying out of an illegal adoption, in violation of the provisions of
(g) Character reference from the local church/minister, the this Act, shall be punished with a penalty of imprisonment
applicant's employer and a member of the immediate community ranging from six (6) years and one (1) day to twelve (12) years
who have known the applicant(s) for at least five (5) years; and and/or a fine of not less than Fifty thousand pesos (P50,000), but
(h) Recent postcard-size pictures of the applicant(s) and his not more than Two hundred thousand pesos (P200.000), at the
immediate family; discretion of the court. For purposes of this Act, an adoption is
illegal if it is effected in any manner contrary to the provisions of
The Rules of Court shall apply in case of adoption by judicial
this Act or established State policies, its implementing rules and
proceedings.
regulations, executive agreements, and other laws pertaining to
adoption. Illegality may be presumed from the following acts:
Sec. 11. Family Selection/Matching. No child shall be
matched to a foreign adoptive family unless it is satisfactorily (1)consent for an adoption was acquired through, or attended
shown that the child cannot be adopted locally. The clearance, by coercion, fraud, improper material inducement;
as issued by the Board, with the copy of the minutes of the (2)there is no authority from the Board to effect adoption;
meetings, shall form part of the records of the child to be (3)the procedures and safeguards placed under the law for
adopted. When the Board is ready to transmit the Placement adoption were not complied with; and
Authority to the authorized and accredited inter-country adoption (4)the child to be adopted is subjected to, or exposed to
agency and all the travel documents of the child are ready, the danger, abuse and exploitation.
adoptive parents, or any one of them, shall personally fetch the (b)Any person who shall violate established regulations relating
child in the Philippines. to the confidentiality and integrity of records, documents and
Sec. 12. Pre-adoptive Placement Costs. The applicant(s) communications of adoption applications, cases and processes
shall bear the following costs incidental to the placement of the shall suffer the penalty of imprisonment ranging from one (1)
child; year and one (1) day to two (2) years, and/or a fine of not less
than Five thousand pesos (P5,000), but not more than Ten
(a) The cost of bringing the child from the Philippines to the
thousand pesos (P10,000), at the discretion of the court.
residence of the applicant(s) abroad, including all travel
expenses within the Philippines and abroad; and
A penalty lower by two (2) degrees than that prescribed for the
(b) The cost of passport, visa, medical examination and
consummated felony under this Article shall be imposed upon
psychological evaluation required, and other related expenses.
the principals of the attempt to commit any of the acts herein
Sec. 13. Fees, Charges and Assessments. Fees, charges, enumerated.
and assessments collected by the Board in the exercise of its
Acts punishable under this Article, when committed by a
functions shall be used solely to process applications for inter-
syndicate or where it involves two or more children shall be
country adoption and to support the activities of the Board.
considered as an offense constituting child trafficking and shall
merit the penalty of reclusion perpetua.
Sec. 14. Supervision of Trial Custody. The governmental
agency or the authorized and accredited agency in the country of Acts punishable under this Article are deemed committed by a
the adoptive parents which filed the application for inter-country syndicate if carried out by a group of three (3) or more persons
adoption shall be responsible for the trial custody and the care of conspiring and/or confederating with one another in carrying out
the child. It shall also provide family counseling and other related any of the unlawful acts defined under this Article.Penalties as
services. The trial custody shall be for a period of six (6) months are herein provided shall be in addition to any other penalties
from the time of placement. Only after the lapse of the period of which may be imposed for the same acts punishable under other
trial custody shall a decree of adoption be issued in the said laws, ordinances, executive orders, and proclamations.
country a copy of which shall be sent to the Board to form part of Sec. 17. Public Officers as Offenders. Any government
the records of the child. official, employee or functionary who shall be found guilty of
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violating any of the provisions of this Act, or who shall conspire It is hereby recognized that administrative processes under the
with private individuals shall, in addition to the above-prescribed jurisdiction of the Department of Social Welfare and
penalties, be penalized in accordance with existing civil service Development for the declaration of a child legally available for
laws, rules and regulations: Provided, That upon the filing of a adoption of abandoned, surrendered, or neglected children are
case, either administrative or criminal, said government official, the most expeditious proceedings for the best interest and
employee or functionary concerned shall automatically suffer welfare of the child.
suspension until the resolution of the case.
Section 1. Declaration of Policy. It is hereby declared the (6) Voluntarily Committed Child is one whose parent(s)
policy of the State that alternative protection and assistance shall or legal guardian knowingly and willingly relinquished
be afforded to every child who is abandoned, surrendered, or parental authority to the DSWD or any duly accredited
neglected. In this regard, the State shall extend such assistance child-placement or child-caring agency or institution.
in the most expeditious manner in the interest of full emotional
and social development of the abandoned, surrendered, or (7) Child-caring agency or institution refers to a private
neglected child. non-profit or government agency duly accredited by the
DSWD that provides twenty-four (24) hour residential
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care services for abandoned, neglected, or voluntarily certified copy of a tracing report issued by the
committed children. Philippine National Red Cross (PNRC),
National Headquarters (NHQ), Social Service
(8) Child-placing agency or institution refers to a private Division, which states that despite due
non-profit institution or government agency duly diligence, the child's parents could not be
accredited by the DWSD that receives and processes found; and
applicants to become foster or adoptive parents and
facilitate placement of children eligible for foster care or (d) Returned registered mail to the last known
adoption. address of the parent(s) or known relatives, if
any.
(9) Petitioner refers to the head or executive director of
a licensed or accredited child-caring or child-placing (3) Birth certificate, if available; and
agency or institution managed by the government, local
government unit, non-governmental organization, or (4) Recent photograph of the child and photograph of
provincial, city, or municipal Social Welfare the child upon abandonment or admission to the
Development Officer who has actual custody of the agency or institution.
minor and who files a certification to declare such child
legally available for adoption, or, if the child is under the
Section 4. Procedure for the Filing of the Petition. The
custody of any other individual, the agency or institution
petition shall be filed in the regional office of the DSWD where
does so with the consent of the child's custodian.
the child was found or abandoned.
of Voluntary Commitment, as signed by the parent(s) with the Section 13. Effectivity. This Act shall take effect fifteen (15)
DSWD. days following its complete publication in two (2) newspapers of
general circulation or in the Official Gazette.
Upon petition filed with the DSWD, the parent(s) or legal
guardian who voluntarily committed a child may recover legal NEW RULE ON ADOPTION
custody and parental authority over him/her from the agency or
institution to which such child was voluntarily committed when it
A. DOMESTIC ADOPTION
is shown to the satisfaction of the DSWD that the parent(s) or
legal guardian is in a position to adequately provide for the
needs of the child: Provided, That, the petition for restoration is Section 1. Applicability of the Rule. This Rule covers the
filed within (3) months after the signing of the Deed of Voluntary domestic adoption of Filipino children.
Commitment.
Section 2. Objectives. (a) The best interests of the child shall
Section 8. Certification. The certification that a child is legally be the paramount consideration in all matters relating to his care,
available for adoption shall be issued by the DSWD in lieu of a custody and adoption, in accordance with Philippine laws, the
judicial order, thus making the entire process administrative in United Nations (UN) Convention on the Rights of the Child, UN
nature. Declaration on Social and Legal Principles Relating to the
Protection and Welfare of Children with Special Reference to
Foster Placement and Adoption, Nationally and Internationally,
The certification, shall be, for all intents and purposes, the
and the Hague Convention on the Protection of Children and
primary evidence that the child is legally available in a domestic
Cooperation in Respect of Inter-country Adoption.
adoption proceeding, as provided in Republic Act No. 8552 and
in an inter-country adoption proceeding, as provided in Republic
Act No. 8043. (b) The State shall provide alternative protection and
assistance through foster care or adoption for every
child who is a foundling, neglected, orphaned, or
Section. 9. Implementing Rules and Regulations. The
abandoned. To this end, the State shall:
DSWD, together with the Council for Welfare of Children, Inter-
Country Adoption Board, two (2) representatives from licensed or
accredited child-placing and child-caring agencies or institution, (i) ensure that every child remains under the
National Statistics Office and Office of the Civil Registrar, is care and custody of his parents and is
hereby tasked to draft the implementing rules and regulations of provided with love, care, understanding and
this Act within sixty (60) days following its complete publication. security for the full and harmonious
development of his personality. Only when
such efforts prove insufficient and no
Upon effectivity of this Act and pending the completion of the
appropriate placement or adoption within the
drafting of the implementing rules and regulations, petitions for
childs extended family is available shall
the issuance of a certification declaring a child legally available
adoption by an unrelated person be
for adoption may be filled with the regional office of the DSWD
considered.
where the child was found or abandoned.
(vii) protect adoptive parents from attempts to (j) Emotional neglect exists when a child is raped,
disturb their parental authority and custody seduced, maltreated, exploited, overworked or made to
over their adopted child. work under conditions not conducive to good health or
made to beg in the streets or public places, or placed in
Any voluntary or involuntary termination of parental moral danger, or exposed to drugs, alcohol, gambling,
authority shall be administratively or judicially declared prostitution and other vices.
so as to establish the status of the child as legally
available for adoption and his custody transferred to (k) Child-placement agency refers to an agency duly
the Department of Social Welfare and Development or licensed and accredited by the Department to provide
to any duly licensed and accredited child-placing or comprehensive child welfare services including, but not
child-caring agency, which entity shall be authorized to limited to, receiving applications for adoption,
take steps for the permanent placement of the child. evaluating the prospective adoptive parents and
preparing the adoption home study report.
Section 3. Definition of Terms. For purposes of this Rule:
(l) Child-caring agency refers to an agency duly
(a) Child is a person below eighteen (18) years of age licensed and accredited by the Department that
at the time of the filing of the petition for adoption. provides 24-hour residential care services for
abandoned, orphaned, neglected or voluntarily
committed children.
(b) A child legally available for adoption refers to a
child who has been voluntarily or involuntarily
committed to the Department or to a duly licensed and (m) Department refers to the Department of Social
accredited child-placing or child-caring agency, freed of Welfare and Development.
the parental authority of his biological parents, or in
case of rescission of adoption, his guardian or (n) Deed of Voluntary Commitment refers to the
adopter(s). written and notarized instrument relinquishing parental
authority and committing the child to the care and
(c) Voluntarily committed child is one whose parents custody of the Department executed by the childs
knowingly and willingly relinquish parental authority biological parents or in their absence, mental incapacity
over him in favor of the Department. or death, by the childs legal guardian, to be witnessed
by an authorized representative of the Department after
counseling and other services have been made
(d) Involuntarily committed child is one whose parents,
available to encourage the biological parents to keep
known or unknown, have been permanently and
the child.
judicially deprived of parental authority over him due to
abandonment; substantial, continuous or repeated
neglect and abuse; or incompetence to discharge (o) Child Study Report refers to a study made by the
parental responsibilities. court social worker of the childs legal status, placement
history, psychological, social, spiritual, medical, ethno-
cultural background and that of his biological family
(e) Foundling refers to a deserted or abandoned infant
needed in determining the most appropriate placement
or child whose parents, guardian or relatives are
for him.
unknown; or a child committed to an orphanage or
charitable or similar institution with unknown facts of
birth and parentage and registered in the Civil Register (p) Home Study Report refers to a study made by the
as a foundling. court social worker of the motivation and capacity of the
prospective adoptive parents to provide a home that
meets the needs of a child.
(f) Abandoned child refers to one who has no proper
parental care or guardianship or whose parents have
deserted him for a period of at least six (6) continuous (q) Supervised trial custody refers to the period of time
months and has been judicially declared as such. during which a social worker oversees the adjustment
and emotional readiness of both adopters and adoptee
in stabilizing their filial relationship.
(g) Dependent child refers to one who is without a
parent, guardian or custodian or one whose parents,
guardian or other custodian for good cause desires to (r) Licensed Social Worker refers to one who
be relieved of his care and custody and is dependent possesses a degree in bachelor of science in social
upon the public for support. work as a minimum educational requirement and who
has passed the government licensure examination for
social workers as required by Republic Act No. 4373.
(h) Neglected child is one whose basic needs have
been deliberately not attended to or inadequately
attended to, physically or emotionally, by his parents or (s) Simulation of birth is the tampering of the civil
guardian. registry to make it appear in the birth records that a
certain child was born to a person who is not his
biological mother, thus causing such child to lose his
(i) Physical neglect occurs when the child is
true identity and status.
malnourished, ill-clad and without proper shelter.
Page 12 of 18 ADOPTION LAWS (Special Proceedings) | amgisidro
(t) Biological Parents refer to the childs mother and (iii) one who is married to a Filipino citizen and
father by nature. seeks to adopt jointly with his spouse a relative
within the fourth (4th) degree of consanguinity
(u) Pre-Adoption Services refer to psycho-social or affinity of the Filipino spouse.
services provided by professionally-trained social
workers of the Department, the social services units of (3) The guardian with respect to the ward after the
local governments, private and government health termination of the guardianship and clearance of his
facilities, Family Courts, licensed and accredited child- financial accountabilities.
caring and child-placement agencies and other
individuals or entities involved in adoption as authorized Husband and wife shall jointly adopt, except in the
by the Department. following cases:
(v) Residence means a persons actual stay in the (i) if one spouse seeks to adopt the legitimate
Philippines for three (3) continuous years immediately child of one spouse by the other spouse; or
prior to the filing of a petition for adoption and which is
maintained until the adoption decree is entered.
(ii) if one spouse seeks to adopt his own
Temporary absences for professional, business, health,
illegitimate child: Provided, however, That the
or emergency reasons not exceeding sixty (60) days in
other spouse has signified his consent thereto;
one (1) year does not break the continuity requirement.
or
(i) a former Filipino citizen who seeks to adopt (7) A child not otherwise disqualified by law or these
a relative within the fourth (4th) degree of rules.
consanguinity or affinity; or
Section 6. Venue. The petition for adoption shall be filed with
(ii) one who seeks to adopt the legitimate child the Family Court of the province or city where the prospective
of his Filipino spouse; or adoptive parents reside.
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Section 7. Contents of the Petition. The petition shall be (iii) is married to a Filipino citizen and
verified and specifically state at the heading of the initiatory seeks to adopt jointly with his spouse
pleading whether the petition contains an application for change a relative within the fourth degree of
of name, rectification of simulated birth, voluntary or involuntary consanguinity or affinity of the Filipino
commitment of children, or declaration of child as abandoned, spouse.
dependent or neglected.
3) If the adopter is the legal guardian of the adoptee,
1) If the adopter is a Filipino citizen, the petition shall the petition shall allege that guardianship had been
allege the following: terminated and the guardian had cleared his financial
accountabilities.
(a) The jurisdictional facts;
4) If the adopter is married, the spouse shall be a co-
(b) That the petitioner is of legal age, in petitioner for joint adoption except if:
possession of full civil capacity and legal
rights; is of good moral character; has not (a) one spouse seeks to adopt the legitimate
been convicted of any crime involving moral child of the other, or
turpitude; is emotionally and psychologically
capable of caring for children; is at least (b) if one spouse seeks to adopt his own
sixteen (16) years older than the adoptee, illegitimate child and the other spouse signified
unless the adopter is the biological parent of written consent thereto, or
the adoptee or is the spouse of the adoptees
parent; and is in a position to support and care
(c) if the spouses are legally separated from
for his children in keeping with the means of
each other.
the family and has undergone pre-adoption
services as required by Section 4 of Republic
Act No. 8552. 5) If the adoptee is a foundling, the petition shall allege
the entries which should appear in his birth certificate,
such as name of child, date of birth, place of birth, if
2) If the adopter is an alien, the petition shall allege the
known; sex, name and citizenship of adoptive mother
following:
and father, and the date and place of their marriage.
for rectification of the birth registration and the petition 4. The illegitimate children of the adopter living
for adoption were filed within five years from said date; with him who are ten (10) years of age or over;
and
(c) The petitioner made the simulation of birth for the
best interests of the adoptee; and 5. The spouse, if any, of the adopter or
adoptee.
(d) The adoptee has been consistently considered and
treated by petitioner as his own child. C. Child study report on the adoptee and his biological
parents;
Section 9. Adoption of a foundling, an abandoned, dependent or
neglected child. In case the adoptee is a foundling, an D. If the petitioner is an alien, certification by his
abandoned, dependent or neglected child, the petition shall diplomatic or consular office or any appropriate
allege: government agency that he has the legal capacity to
adopt in his country and that his government allows the
(a) The facts showing that the child is a foundling, adoptee to enter his country as his own adopted child
abandoned, dependent or neglected; unless exempted under Section 4(2);
(b) The names of the parents, if known, and their E. Home study report on the adopters. If the adopter is
residence. If the child has no known or living parents, an alien or residing abroad but qualified to adopt, the
then the name and residence of the guardian, if any; home study report by a foreign adoption agency duly
accredited by the Inter-Country Adoption Board; and
(c) The name of the duly licensed child-placement
agency or individual under whose care the child is in F. Decree of annulment, nullity or legal separation of the
custody; and adopter as well as that of the biological parents of the
adoptee, if any.
(d) That the Department, child-placement or child-caring
agency is authorized to give its consent. Section 12. Order of Hearing. If the petition and attachments
are sufficient in form and substance, the court shall issue an
order which shall contain the following:
Section 10. Change of name. In case the petition also prays
for change of name, the title or caption must contain:
(1) the registered name of the adoptee in the birth
certificate and the names by which the adoptee has
(a) The registered name of the child;
been known which shall be stated in the caption;
(3) the complete name which the adoptee will use if the
(c) The full name by which the child is to be known.
petition is granted;
on the matter of adoption of the adoptee and submit her The court may, motu proprio or upon motion of any party, reduce
report before the date of hearing. the period or exempt the parties if it finds that the same shall be
for the best interests of the adoptee, stating the reasons therefor.
At the discretion of the court, copies of the order of hearing shall
also be furnished the Office of the Solicitor General through the An alien adopter however must complete the 6-month trial
provincial or city prosecutor, the Department and the biological custody except the following:
parents of the adoptee, if known.
a) a former Filipino citizen who seeks to adopt a relative
If a change in the name of the adoptee is prayed for in the within the fourth (4th) degree of consanguinity or
petition, notice to the Solicitor General shall be mandatory. affinity; or
Section 13. Child and Home Study Reports. In preparing the b) one who seeks to adopt the legitimate child of his
child study report on the adoptee, the concerned social worker Filipino spouse; or
shall verify with the Civil Registry the real identity and registered
name of the adoptee. If the birth of the adoptee was not c) one who is married to a Filipino citizen and seeks to
registered with the Civil Registry, it shall be the responsibility of adopt jointly with his or her spouse the latters relative
the social worker to register the adoptee and secure a certificate within the fourth (4th) degree of consanguinity or
of foundling or late registration, as the case may be. affinity.
The social worker shall establish that the child is legally available If the child is below seven (7) years of age and is placed with the
for adoption and the documents in support thereof are valid and prospective adopter through a pre-adoption placement authority
authentic, that the adopter has sincere intentions and that the issued by the Department, the court shall order that the
adoption shall inure to the best interests of the child. prospective adopter shall enjoy all the benefits to which the
biological parent is entitled from the date the adoptee is placed
In case the adopter is an alien, the home study report must show with him.
the legal capacity to adopt and that his government allows the
adoptee to enter his country as his adopted child in the absence The social worker shall submit to the court a report on the result
of the certification required under Section 7(b) of Republic Act of the trial custody within two weeks after its termination.
No. 8552.
Section 16. Decree of Adoption. If the supervised trial custody
If after the conduct of the case studies, the social worker finds is satisfactory to the parties and the court is convinced from the
that there are grounds to deny the petition, he shall make the trial custody report and the evidence adduced that the adoption
proper recommendation to the court, furnishing a copy thereof to shall redound to the best interests of the adoptee, a decree of
the petitioner. adoption shall be issued which shall take effect as of the date the
original petition was filed even if the petitioners die before its
Section 14. Hearing. Upon satisfactory proof that the order of issuance.
hearing has been published and jurisdictional requirements have
been complied with, the court shall proceed to hear the petition. The decree shall:
The petitioner and the adoptee must personally appear and the
former must testify before the presiding judge of the court on the
A. State the name by which the child is to be known and
date set for hearing.
registered;
The court shall verify from the social worker and determine
B. Order:
whether the biological parent has been properly counseled
against making hasty decisions caused by strain or anxiety to
give up the child; ensure that all measures to strengthen the 1) the Clerk of Court to issue to the adopter a
family have been exhausted; and ascertain if any prolonged stay certificate of finality upon expiration of the 15-
of the child in his own home will be inimical to his welfare and day reglementary period within which to
interest. appeal;
Section 15. Supervised Trial Custody. Before issuance of the 2) the adopter to submit a certified true copy of
decree of adoption, the court shall give the adopter trial custody the decree of adoption and the certificate of
of the adoptee for a period of at least six (6) months within which finality to the Civil Registrar where the child
the parties are expected to adjust psychologically and was originally registered within thirty (30) days
emotionally to each other and establish a bonding relationship. from receipt of the certificate of finality. In case
The trial custody shall be monitored by the social worker of the of change of name, the decree shall be
court, the Department, or the social service of the local submitted to the Civil Registrar where the court
government unit, or the child-placement or child-caring agency issuing the same is situated.
which submitted and prepared the case studies. During said
period, temporary parental authority shall be vested in the 3) the Civil Registrar of the place where the
adopter. adoptee was registered:
Page 16 of 18 ADOPTION LAWS (Special Proceedings) | amgisidro
a. to annotate on the adoptees The adoption may be rescinded based on any of the following
original certificate of birth the decree grounds committed by the adopter:
of adoption within thirty (30) days
from receipt of the certificate of 1) repeated physical and verbal maltreatment by the
finality; adopter despite having undergone counseling;
accordance with the preceding Section shall be served by the adopted or the spouse of such parent, in which case
petitioner upon the Civil Registrar concerned within thirty (30) the age difference does not apply;
days from receipt of the certificate of finality. The Civil Registrar
shall forthwith enter the rescission decree in the register and b) if married, the name of the spouse who must be
submit proof of compliance to the court issuing the decree and joined as co-petitioner except when the adoptee is a
the Clerk of Court within thirty (30) days from receipt of the legitimate child of his spouse;
decree.
c) that he has the capacity to act and assume all rights
The Clerk of Court shall enter the compliance in accordance with and responsibilities of parental authority under his
Section 17 hereof. national laws, and has undergone the appropriate
counseling from an accredited counselor in his country;
Section 25. Repeal. - This supersedes Rule 99 on Adoption and
Rule 100 of the Rules of Court. d) that he has not been convicted of a crime involving
moral turpitude;
Section 30. Contents of Petition. The petitioner must allege: f) Police clearance of petitioner issued within six (6)
months before the filing of the petitioner;
a) his age and the age of the child to be adopted,
showing that he is at least twenty-seven (27) years of g) Character reference from the local church/minister,
age and at least sixteen (16) years older than the child the petitioners employer and a member of the
to be adopted at the time of application, unless the immediate community who have known the petitioner
petitioner is the parent by nature of the child to be for at least five (5) years;
Page 18 of 18 ADOPTION LAWS (Special Proceedings) | amgisidro
Section 32. Duty of Court. The court, after finding that the
petition is sufficient in form and substance and a proper case for
inter-country adoption, shall immediately transmit the petition to
the Inter-Country Adoption Board for appropriate action.
Section 33. Effectivity. - This Rule shall take effect on August 22,
2002 following its publication in a newspaper of general
circulation.