Today is Monday, September 11, 2017

Republic of the Philippines

Congress of the Philippines
Metro Manila

Tenth Congress

ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PUR

bled::

ARTICLE I
GENERAL PROVISIONS

hat every child remains under the care and custody of his/her parent(s) and be provided with love, care, understanding and security to
available shall adoption by an unrelated person be considered.

paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention on the Rights of the Child; UN
e Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. Toward this end, the State sh

parental authority over his/her child;

ody over his/her adopted child.

udicially declared so as to establish the status of the child as "legally available for adoption" and his/her custody transferred to the De
anent placement of the child;

ment for adoption;

o handle adoption inquiries, process domestic adoption applications, and offer adoption-related services including, but not limited to, p
her native land, and only when this is not available shall intercountry adoption be considered as a last resort.

as:

oluntarily committed to the Department or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental

es parental authority to the Department.

permanently and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse; or

whose parent(s) has deserted him/her for a period of at least six (6) continuous months and has been judicially declared as such.

adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship.

provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospec

provides twenty four (24)-hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children.

cords that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity an

ARTICLE II
PRE-ADOPTION SERVICES

workers to the following:

he birth of his/her child. No binding commitment to an adoption plan shall be permitted before the birth of his/her child. A period of six
bilitation services shall also be offered to the biological parent(s) after he/she has relinquished his/her child for adoption.

d all alternatives for the child's future and the implications of each alternative have been provided.

mong others, shall be provided to prospective adoptive parent(s) to resolve possible adoption issues and to prepare him/her for effec

nderstands the nature and effects of adoption and is able to express his/her views on adoption in accordance with his/her age and le

-placing or child-caring agency which has custody of the child to exert all efforts to locate his/her unknown biological parent(s). If such

hall include, among others, the above mentioned services.

ARTICLE III
ELIGIBILITY
good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of carin
ment of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological p

rovided, That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippine
fied by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/h
ation of the alien's qualification to adopt in his/her country may be waived for the following:

gree of consanguinity or affinity; or

or

spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or

earance of his/her financial accountabilities.

r, that the other spouse has signified his/her consent thereto; or

other, joint parental authority shall be exercised by the spouses.

lly declared available for adoption;

legitimacy;

dered and treated by the adopter(s) as his/her own child since minority;

s shall be initiated within six (6) months from the time of death of said parent(s).

nd informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is h

ernment instrumentality which has legal custody of the child;

ter(s) and adoptee, if any;

with said adopter and the latter's spouse, if any; and

 ARTICLE IV
PROCEDURE

at the biological parent(s) has been properly counseled to prevent him/her from making hurried decisions caused by strain or anxiety
welfare and interest.

cial worker of the Department, the social service office of the local government unit, or any child-placing or child-caring agency has m

with the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the Civ

at the documents to support this fact are valid and authentic. Further, the case study of the adopter(s) shall ascertain his/her genuine

studies, that the petition should be denied. The case studies and other relevant documents and records pertaining to the adoptee and

e adopter(s) has been given by the court a supervised trial custody period for at least six (6) months within which the parties are expe

e to be in the best interest of the adoptee, stating the reasons for the reduction of the period. However, for alien adopter(s), he/she mu

a pre-adoption placement authority issued by the Department, the prospective adopter(s) shall enjoy all the benefits to which biologic

plied with, and no opposition has been interposed to the petition, and after consideration of the case studies, the qualifications of the
adoptee, a decree of adoption shall be entered which shall be effective as of the date the original petition was filed. This provision sha
own.

Registry, as required by the Rules of Court, attesting to the fact that the adoptee is the child of the adopter(s) by being registered wit
ivil registry records. The new birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue.

s shall be confidential and shall not be open to the public. All records, books, and papers relating to the adoption cases in the files of

connected with or arising out of the adoption and will be for the best interest of the adoptee, the court may merit the necessary inform

ARTICLE V
EFFECTS OF ADOPTION

he adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the

dopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daugh

all have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee and his/her biological pare

ARTICLE VI
RESCISSION OF ADOPTION
 stance of the Department if a minor or if over eighteen (18) years of age but is incapacitated, as guardian/counsel, the adoption may
he life of the adoptee; (c) sexual assault or violence; or (d) abandonment and failure to comply with parental obligations.

s). However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

tee's biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacita

and restore his/her original birth certificate.

judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

sable under the Penal Code if the criminal acts are properly proven.

ARTICLE VII
VIOLATIONS AND PENALTIES

ars and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand pesos (P50,000.00), but not more than Two hundr

material inducement, or other similar acts;

or

of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of birth, and shall be punished by prision mayor in its

erate in the execution of the abovementioned crime shall suffer the penalties herein prescribed and also the penalty of permanent dis

records, documents, and communications of adoption applications, cases, and processes shall suffer the penalty of imprisonment ra
on of the court.

Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated. Acts punishable under this A
petua.

of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under
nd proclamations.

d perpetually excluded from entry to the country.

provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-prescribed penalties, be penalized
y concerned shall automatically suffer suspension until the resolution of the case.

s Act, simulated the birth of a child shall not be punished for such act: Provided, That the simulation of birth was made for the best int
stration and petition for adoption shall be filed within five (5) years from the effectivity of this Act and completed thereafter: Provided,
 ARTICLE VIII
FINAL PROVISIONS

Resources and Referral Office under the Department with the following functions: (a) monitor the existence, number, and flow of chil
records of adoption proceedings; (d) generate resources to help child-caring and child-placing agencies and foster homes maintain vi
sectors.

on of this Act, the Department, with the Council for the Welfare of Children, the Office of Civil Registry General, the Department of Ju
Act operative.

ovisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter.

er of instruction, administrative order, rule, or regulation contrary to, or inconsistent with the provisions of this Act is hereby repealed,

the other provisions not affected thereby shall remain valid and subsisting.

e publication in any newspaper of general circulation or in the Official Gazette.

Today is Monday, September 11, 2017

Republic of the Philippines

Congress of the Philippines
Metro Manila

Fourteenth Congress
Second Regular Session
ND DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A PREREQUISITE FOR AD
998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL DE
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

protection and assistance shall be afforded to every child who is abandoned, surrendered, or neglected. In this regard, the State shall

Social Welfare and Development for the declaration of a child legally available for adoption of abandoned, surrendered, or neglected

plement the provisions of this Act and shall have the sole authority to issue the certification declaring a child legally available for adop

18) years of age but is unable to fully take care of him/herself or protect himself/herself from abuse, neglect, cruelty, exploitation, or d

r whose parent(s) have deserted him/her for a period of at least three (3) continuous months, which includes a founding.

ed or inadequately attended within a period of three (3) continuous months. Neglect may occur in two (2) ways:

proper shelter. A child is unattended when left by himself/herself without proper provisions and/or without proper supervision.

oited, overworked, or made to work under conditions not conducive to good health; or is made to beg in the streets or public places; o

issued by the DSWD that he/she is legally available for adoption after the fact of abandonment or neglect has been proven through t

willingly relinquished parental authority to the DSWD or any duly accredited child-placement or child-caring agency or institution.

duly accredited by the DSWD that provides twenty-four (24) hour residential care services for abandoned, neglected, or voluntarily co

nt agency duly accredited by the DWSD that receives and processes applicants to become foster or adoptive parents and facilitate p

ng or child-placing agency or institution managed by the government, local government unit, non-governmental organization, or prov
hild is under the custody of any other individual, the agency or institution does so with the consent of the child's custodian.

f the petition shall be posted for information of any interested person.

sessment conducted by a licensed social worker as to the social-cultural economic condition, psychosocial background, current funct

efore any person authorized by law to administer oaths. It shall contain facts necessary to establish the merits of the petition and shal

redited child-caring or child-placing agency or institution charged with the custody of the child;
d. The following shall be considered sufficient:

case was aired on three (3) different occasions;

und or a certified copy of a tracing report issued by the Philippine National Red Cross (PNRC), National Headquarters (NHQ), Social S

relatives, if any.

mission to the agency or institution.

office of the DSWD where the child was found or abandoned.

m and substance and shall authorize the posting of the notice of the petition conspicuous place for five (5) consecutive days in the loc

ve (5) working days after the completion of its posting. He/she shall transmit a copy of his/her recommendation and records to the Off

cretary shall issue a certification declaring the child legally available for adoption within seven (7) working days from receipt of the rec

strar of a foundling certificate. Within seven (7) working days, the local civil registrar shall transmit the founding certificate to the Natio

within five (5) days from receipt of the decision by the petitioner, otherwise the same shall be final and executory.

luntarily Committed Child. The certificate declaring a child legally available for adoption in case of an involuntarily committed chil

he certification declaring the child legally available for adoption shall be issued by the Secretary within three (3) months following the

hild may recover legal custody and parental authority over him/her from the agency or institution to which such child was voluntarily co
oration is filed within (3) months after the signing of the Deed of Voluntary Commitment.

ssued by the DSWD in lieu of a judicial order, thus making the entire process administrative in nature.

ly available in a domestic adoption proceeding, as provided in Republic Act No. 8552 and in an inter-country adoption proceeding, as

Welfare of Children, Inter-Country Adoption Board, two (2) representatives from licensed or accredited child-placing and child-caring a
plete publication.

nd regulations, petitions for the issuance of a certification declaring a child legally available for adoption may be filled with the regiona

red thousand pesos (P200,000.00) shall be imposed on any person, institution, or agency who shall place a child for adoption withou
hout prejudice to the criminal prosecution of its officers and employees.

to appropriate administrative, civil and/or criminal sanctions, including suspension and/or dismissal from the government service and
Section 3(f) of Republic Act No. 8043, Chapter 1 of Title VII, and VIII of Presidential Decree No. 603 and any law, presidential decree
y.

the other provisions not affected thereby shall remain valid and subsisting.

ation in two (2) newspapers of general circulation or in the Official Gazette.

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

Speaker of the House of President of the Senate
Representatives

d by the Senate and the House of Representatives December 17, 2009.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Representives

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines