Department of Social Welfare and Development

MEMORANDUM CIRCULAR NO,

07, SERIES OF 2015
(Amended AO 11, Omnibus
Guidelines on the Domestic
Adoption Process)
It is the policy of the State to.

Ensure that every child remains under the

care and custody of his/her parent/s and be
provided with love, care, understanding and
security towards his/her full human
development.

Only when such efforts prove insufficient

and no appropriate placement or adoption
within the childs extended family is
available shall adoption by an unrelated
person be considered.
Review of AO 11 (Omnibus
Guidelines on Domestic
Adoption Process)
Intent to establish a mechanism and
procedures to fast track the
placement and local matching of
children to prospective adoptive
parents (PAPs) in just one venue.
Envisioned to hasten the adoption
process promoting a shorter stay of
children in residential care, hence
minimizing the negative effects.
 National matching conference was then
lodged at DSWD-CO with the National Child
Welfare Specialist Group (NCWSG) which
carries out the matching of a child to an
approved PAPs coming from different regions.
However, after 4 years of conducting the
national matching conference at CO, almost
all FOs expressed readiness for the return of
the matching conference to the region due to
the following reasons:
1. Issues and concerns during the matching conf
could be addressed immediately because all the
staff concerned are within reach.
2. The likelihood of matching a child to available
PAPs in the region with the same culture and
identity would be higher
3. The FO will be able to do regular monitoring of the
children with the PAPs that they developed and are
in the region
4. PAPs will not spend too much on their travelling
expenses and accommodation when they take the
child from the agency into their custody.
5. Regional matching conference is issued
conveniently where SWs will be able to attend
thus there would be lesser expenses for
transportation
6. The Family Court where the petition will be filed
may order the appearance in Court of the DSWD
representative to testify on the case, hence the
FO would be able to represent the Department
7. The SOO would be able to dedicate more time
for its function of monitoring the placement of
children and providing technical assistance for
FOs.
 Further, with the passage of RA
10165 (Foster Care Act of 2012) the
FOs were advised to organize the
CWSG which also serves as the
Regional Foster Care Placement
Committee (RFCPC). The same
body will be the matching committee
on all foster placement cases.
 This MC is issued to amend the old
guidelines of the Department on
adoption services.
Institutionalize the mechanism and
procedures to fast track the adoption
process particularly on the matching of
children to PAPs and the movement of
cases of children in order to lessen the
negative effects of their prolonged stay
in centers and institutions;
It supports the Departments policy on
de-institutionalization and will facilitate
the speedy placement of
 A. International
Instrument
1. United Nations Convention
on the Rights of the Child,
adopted by the UN General
Assembly on November 20,
1989 and ratified by the
Philippine Government on July
26, 1990.
2. United Nations 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.

3. The Hague Convention on the

Protection of Children and
Cooperation in respect of Inter-
country Adoption.
B. National Policies

1. Republic Act No. 8043 or The

Inter-Country Adoption of 1995 and
its implementing Rules and
Regulations;

2. Republic Act No. 8552 or The

Domestic Adoption Act of 1998 and its
Implementing Rules and Regulations;
3. Department Administrative
Order No. 18 series of 2005
entitled Turn Around Period of
Local and Inter-Country
Adoption.
4. Republic Act No. 9523 or An
Act Requiring the Certification
of the DSWD to Declare a Child
Legally Available for Adoption;
5. RA 10165 (Foster Care Act of 2012)
6. RA 10364 (Expanded Anti-trafficking
in Persons Act)
7. RA 7610 (Special Protection for
Filipino Children)
8. PD 603 (Child and Youth Welfare
Code)
FEATURES OF THE MEMO
CIRCULAR 07, SERIES OF
2015
(AMENDED AO II, SERIES
OF 2009, ENTITLED
OMNIBUS GUIDELINES ON
THE DOMESTIC ADOPTION
PROCESS)
 General:
Ensure permanent
placement of a child
needing an adoptive
family.
 Specific:
1. Improve the quality of the
management of cases of
children and PAPs through an
effective and efficient
implementing procedure on
the domestic adoption
process.
2. Facilitate placement thru
matching of legally available
children for adoption to
approved PAPs
3. Improve the monitoring system
and the placement of children by
the ARRS of the Field Office and
ARRO at the Central Office.
4. Systematize the assessment and
placement of children that are
already in the care of unrelated
person/s prior to application.
5. Hasten issuance of the Pre-
adoption placement authority
(PAPA) and Affidavit of Consent to
Adoption (ACA)
6. Define the roles and functions of
CWSG to serve as matching
committee.
 COMPARISON OF THE
GUIDELINES
AO 11, SERIES OF 2009 MC 07, SERIES OF 2015

The matching Matching is done

conference for already by the
adoption cases is Regional Child
only done by the Welfare
National Child Specialist Group
Welfare Specialist including the
Group.
foster cases
 COMPARISON OF THE
GUIDELINES
AO 11, SERIES OF 2009 MC 07, SERIES OF 2015
The matching
conference is done at Same
least twice a month nut
not exceeding 4 times
guidelines
by the NCWSG.
Only those NCWSG
member who is not an
employee of DSWD
receives honorarium per
matching conference.
 COMPARISON OF THE
GUIDELINES
AO 11, SERIES OF 2009 MC 07, SERIES OF 2015
Composition of NCWSG Same
1. One SWO III of DSWD
whose expertise is on
composition
child welfare cases.
2. A lawyer
3. A pediatrician
4.
Psychologist/psychiatrist
5. A representative of
NGO
 COMPARISON OF THE
GUIDELINES
AO 11, SERIES OF 2009 MC 07, SERIES OF 2015
The Pre-adoption The PAPA and ACA
Placement Authority
(PAPA) and the Affidavit
will already be
of Consent (ACA) is issued at the Field
only issued by the Office through the
Central Office through
Regional Director
the SOO Director for
the PAPA and the or his/her
Secretary or authorized authorized
rep for the ACA. representative.
 COMPARISON OF THE
GUIDELINES
AO 11, SERIES OF 2009 MC 07, SERIES OF 2015
Initial Child Study If applicable, the managing SW
may write and submit only one
Report is submitted to (1) case study report integrating
CO for the CDCLAA. her assessment and
recommendation for CDCLAA,
After the issuance of ACA and PAPA. (IP cases)
CDCLAA, an updated The CO shall be provided by the
FO with copy of the documents
CSR and Home Study as basis of the CDCLAA.
Report will then be No PAPA and PAPA shall be
again submitted to issued by the FO unless the
CDCLAA has been issued
CO for issuance of already.
ACA and PAPA.
 COMPARISON OF THE
GUIDELINES
AO 11, SERIES OF 2009 MC 07, SERIES OF 2015
For cases with For simulated birth
simulated birth cert cases, a petition
certificates, the for the cancellation
of simulated birth
application for
cert shall be filed in
CDCLAA is court. The copy of
accepted attaching the petition shall be
the simulated birth attached to the
cert. dossier for CDCLAA
issuance.
 COMPARISON OF THE
GUIDELINES
AO 11, SERIES OF 2009 MC 07, SERIES OF 2015
For regular adoption, the The ACA is issued
ACA of the Department simultaneously with the
will not be issued unless PAPA within 5 days after
the PAPs has completed the child has been
the six month supervised placed to the PAPs.
trial custody AFTER the
The supervised trial
child has been matched
and placed with them. custody will be done
thru the Court while the
Only after 6 months that
case is on-going
the PAPs can file
adoption case in court. hearing.
1. The childs best interest and
welfare shall be the paramount
consideration in all matters
relating to the care, protection,
custody and adoption of the child.
2. All efforts to prevent the child
from unnecessary separation from
biological parents
3. Children with special needs
shall be cleared immediately for
intercountry adoption unless
local PAPs that can respond to
the needs of the child are
available such as:
with special medical needs like
cerebral palsy, heart or kidney
ailments, blindness, ADHD, HIV/AIDS
-mentally challenged and/or with
mental developmental delay/history
-with other types of disabilities
-born out of incest
relations/rape/victim of rape
-siblings group
-for relative adoption for
intercountry placement
4. Assessment of a child whose family
is 4Ps beneficiary should focus on
the family preparation in terms of
how they can keep the child instead
of relinquishing him/her for adoption
unless otherwise it is harmful for the
child to be with his/her family such
as when the child is experiencing
maltreatment, rape, etc.
5. Families that have been providing
care to a child eligible for adoption
shall be given priority for adoption of
same child/children, provided that
they are qualified to adopt a child.
During the petition or CDCLAA process
and in the course of completion of
requirements, the child may remain in
the custody of the family.
5. Invite an IMAM in the matching
conference in case there is/are Muslim
children for matching
6. Facilitate the signing of Certificate of
Matching for children matched and
Regional Clearance for children not
matched by the CWSG members and
endorse to the RD for his/her approval.
The clearance together with the dossier
shall be submitted to CO.
7. Licensed foster parent/s who decide to
adopt the child/ren under their care
shall be allowed to do so, provided
that they are qualified to adopt and
that the child they want to adopt is
legally free for adoption and not yet
matched to other prospective adoptive
parents, either domestic or inter-
country. The same thorough study
must be made on the licensed foster
families to determine their motivation,
capacities and potentials as PAPs.
8. Placement of a child locally shall be
exhausted and only when this is not
possible shall inter-country adoption
be considered.
9. Religious Affiliation as a criteria
shall only be considered if the child
has reached an age and level of
understanding of religious practices.
Generally, the age at which
understanding can be said to occur
would be 6 years old and above.
10. The Department shall not allow
non-acceptance of the child by the
PAPs to whom the child was
matched or non-acceptance of the
PAPs matched to a child under the
care of the agency, by such agency
unless for a justifiable reason per
evaluation of the DSWD.