Adoption in The Philippines

ADOPTION IN THE PHILIPPINES: A
LEGAL GUIDE
P O S T E D B Y D U A N O LA W O N O C T O B E R 3 , 2 0 1 5 W I T H 0 C O M M E N T
The Applicable laws
To know more about adoption in the Philippines it is equally important to be aware of the laws governing the
adoption process. These laws are Republic Act 8552, known as Domestic Adoption Act of 1998, and Republic
Act 8043, known as Inter-Country Adoption Act of 1995. The former encourages domestic adoption to
preserve the childs identity and culture and only when this is not available shall inter-country adoption be
considered as a last resort. Republic Act 8043 governs the adoption of Filipinos by foreigners and Filipinos
residing abroad. The said law is being implemented by the Inter-Country Adoption Board (ICAB).
The subject of this article is all about Republic Act 8552 better known as the Domestic
Adoption Act of 1998.
Who can adopt and be adopted
Can aliens equally adopt, like Filipino citizens, under the domestic adoption law and who may be adopted?
Yes, alien can equally adopt subject to certain requirements.
Section 7 (b) of RA 8552 allows an alien to adopt under the domestic adoption law provided that he /she meets
the following requirements:
Of legal age and at least 16 years older than the adoptee (except when the adopter is the biological parent
of the adoptee or is the spouse of the adoptees parent).
Possesses full civil capacity and legal rights.
Of good moral character and has not been convicted of any crime involving moral turpitude.
Emotionally and psychologically capable of caring for children.
In a position to support and care for his / her children in keeping with the means of the family.
His / her country has diplomatic relations with the Philippines.
Has been certified by the diplomatic or consular office or any appropriate government agency that he / she
has the legal capacity to adopt in his / her country and that his / her government allows the adoptee to enter
his / her country as an adopted child.
Has been living continuously in the Philippines for at least three (3) years prior to the filing of the
application for adoption and maintains such residence until the adoption decree is entered.
Section 7 (c) also provides that the guardian, with respect to the ward after the termination of the guardianship
and clearance of his / her financial accountability, is also qualified to adopt under the law.
The same qualifications, with the exceptions of the 3 years residency and certifications, is applicable to
Filipino nationals.
In so far as the alien adopter is concerned compliance with the residency requirements can be very difficult.
This is because the law requires them to continuously reside in the Philippines for at least three (3) years prior
to the filing of the application for adoption and maintains such residence until the adoption decree is entered.
There are certain concerns for relocation of an alien adopter like the fact of his/her being gainfully employed
abroad and it would be impractical to relocate even temporarily. But how they can do away with the said
requirements. The said residency, together with the certification requirement on the diplomatic relations, is
subject to certain exceptions. The requirements on residency and certification of the aliens qualification to
adopt in his / her country may be waived for the following cases:
The applicant is a former Filipino citizen seeking to adopt a relative within the fourth (4th) degree of
consanguinity or affinity;
The applicant is seeking to adopt the legitimate son or daughter of his / her Filipino spouse;
The applicant is married to a Filipino citizen, and seeks to adopt jointly with his / her spouse a relative
within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
Any person below eighteen (18) years of age who has been administratively declared (those children who were
surrendered, abandoned, neglected and dependent) available for adoption;After having determined the
qualifications, it is equally important to ask on who may be adopted. According to the domestic adoption law,
those that can be adopted are:
The legitimate son or daughter of one spouse by the other spouse;
An illegitimate son or daughter by a qualified adopter to improve his / her status to that of legitimacy;
A person of legal age if, prior to the adoption, said person has been consistently considered and treated by
the adoptor(s) as his / her own child since minority;
A child whose adoption has been previously rescinded;
A child whose biological or adoptive parent (s) has / have died, provided that no proceedings shall be
initiated within six (6) months from the time of death of said parent (s);
Parties to the petition for adoption
The law requires that husband and wife should adopt jointly. Therefore, both of them should join the petition
as petitioners. However, the following are exceptions to the rule that the husband and wife shall jointly adopt:
If one spouse seeks to adopt the legitimate son / daughter of the other
If one spouse seeks to adopt his / her own illegitimate son or daughter, provided, however, that the other
spouse has signified his/her consent.
If the spouses are legally separated from each other.
In case the husband and wife jointly adopt, or one spouse adopts the illegitimate son or daughter of the other,
joint parental authority shall be exercised by the spouses.
Supervised trial custody
The law provides that no petition for adoption shall be finally granted until the adopter has been given by the
court a supervised trial custody period for at least six (6) months. This is the period where the parties are
expected to adjust psychologically and emotionally to each other and establish a bonding relationship.
Furthermore, during the said period temporary parental authority shall be vested on the adopter. An alien
adopter must complete the six (6) month trial custody except in the following cases:
Former Filipino citizens adopting a relative within the fourth (4th) degree of consanguinity or affinity
One who is adopting the legitimate son or daughter of his / her Filipino spouse
One who is married to a Filipino citizen and seeks to adopt jointly with his / her spouse a relative within the
fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
The one who must give consent to adoptionHowever, the period for trial custody may be reduced or the
parties may even be exempted by the court, on its own instance or upon motion of any party, if it finds that the
same shall be for the best interests of the adoptee.
The following should give consent to the adoption:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-
caring agency, or the proper government instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age
or over;
4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and
5. The spouse, if any, of the adopter or adoptee.
Documents required
The petition should accompany the following documents:
1. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and
residence of the adoptee;
2. Affidavit of consent of those required to give consent
3. Child study report on the adoptee and his biological parents;
4. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate
government agency that he has the legal capacity to adopt in his country and that his government allows
the adoptee to enter his country as his own adopted child unless exempted under Section 4(2);
5. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the
home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and
6. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of
the adoptee, if any.
Procedure in initiating the petition
It is important to engage a counsel of your own choice to initiate the petition in court. The foregoing
discussions on the qualifications and requirements should be considered in filing the petition in compliance
with the sufficiency requirements of the petition for adoption in terms of its form and substance. Thereafter,
the court where the case is raffled will issue an order finding the petition to be sufficient in form and substance.
The order contains the following:
(1) the registered name of the adoptee in the birth certificate and the names by which the adoptee has been
known which shall be stated in the caption;
(2) the purpose of the petition;
(3) the complete name which the adoptee will use if the petition is granted;
(4) the date and place of hearing which shall be set within six (6) months from the date of the issuance of the
order and shall direct that a copy thereof be published before the date of hearing at least once a week for three
successive weeks in a newspaper of general circulation in the province or city where the court is situated;
Provided, that in case of application for change of name, the date set for hearing shall not be within four (4)
months after the last publication of the notice nor within thirty (30) days prior to an election.
(5) a directive to the social worker of the court, the social service office of the local government unit or any
child-placing or child-caring agency, or the Department to prepare and submit child and home study reports
before the hearing if such reports had not been attached to the petition due to unavailability at the time of the
filing of the latter; and
(6) a directive to the social worker of the court to conduct counseling sessions with the biological parents on
the matter of adoption of the adoptee and submit her report before the date of hearing.
Order of proceedings according to the Adoption Rules
According to the rules on adoption, upon satisfactory proof that the order of hearing has been published and
jurisdictional requirements have been complied with, the court shall proceed to hear the petition. The
petitioner and the adoptee must personally appear and the former must testify before the presiding judge of the
court on the date set for hearing. The court shall verify from the social worker and determine 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 family have been exhausted; and ascertain if any
prolonged stay of the child in his own home will be inimical to his welfare and interest. If the supervised trial
custody is satisfactory to the parties and the court is convinced from the trial custody report and the evidence
adduced that the adoption shall redound to the best interests of the adoptee, a decree of adoption shall be issued
which shall take effect as of the date the original petition was filed even if the petitioners die before its
issuance. The decree shall:
1. State the name by which the child is to be known and registered;
2. Order:
(1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day
reglementary period within which to appeal;
(2) the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the
Civil Registrar where the child was originally registered within thirty (30) days from receipt of the certificate
of finality. In case of change of name, the decree shall be submitted to the Civil Registrar where the court
issuing the same is situated.
(3) the Civil Registrar of the place where the adoptee was registered:
1. to annotate on the adoptees original certificate of birth the decree of adoption within thirty (30) days from
receipt of the certificate of finality;
2. to issue a certificate of birth which shall not bear any notation that it is a new or amended certificate and
which shall show, among others, the following: registry number, date of registration, name of child, sex,
date of birth, place of birth, name and citizenship of adoptive mother and father, and the date and place of
their marriage, when applicable;
3. to seal the original certificate of birth in the civil registry records which can be opened only upon order of
the court which issued the decree of adoption; and
4. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within
thirty days from receipt of the decree.
If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was registered, to
annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered
prepared by the Civil Registrar in accordance with the decree.
The rules requires that all hearings in adoption cases, after compliance with the jurisdictional requirements
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 the court, the DSWD, or any other agency or institution participating in the adoption
proceedings shall be kept strictly confidential. If the court finds that the disclosure of the information to a third
person is necessary for security reasons or for purposes connected with or arising out of the adoption and will
be for the best interests of the adoptee, the court may, upon proper motion, order the necessary information to
be released, restricting the purposes for which it may be used.
In case of an alien adopter/s and Filipino citizens, who are citizens of other countries at the same time, it is
important to consider consulting your immigration lawyer before resorting to domestic adoption laws of the
Philippines. This is to avod any legal issues concerning the immigration of the child to be adopted.
September 30,2015
LEGAL ISSUES ON INTERNATIONAL CHILD ABDUCTION
What will happen in case a child abducted from the United States and wrongly retained in the Philippines by
the Filipino spouse? Can the left behind parent seek relief to pursue recovery by reason of the childs
abduction to or being wrongfully retained in the Philippines?
Once in the Philippines, the issues regarding child custody can be resolved applying Philippine laws. The
Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked by the left behind
American spouse. Why? Because the Philippines is not a signatory to the said convention nor there were any
international or bilateral treaties in force between the Philippines and the United States concerning
international parental child abduction. Thus, the treaty remedy by which the left behind parent can pursue to
recover the childs custody is not available. Moreover, not even a US court order awarding custody to the
American spouse can bind the Philippine courts or be binding in Philippine territory. There is no existing treaty
or convention on the enforcement of court orders on which the United States is a party so much so the said
decree issued by the US courts can have a binding force here in the Philippines. Therefore, that US court
decree will have no other force rather than its persuasive effect once invoked in the Philippine courts.
It is important to take note that parental child abduction is not a crime under Philippine laws. In that case, any
custody issues should be resolved by invoking jurisdiction of the Philippine courts and applying its laws. It
may be true that there is an extradition treaty between the United States and the Philippines, however, the left
behind parent cannot resort to extradition as parental child abduction is not an extraditable offense. The
extradition process is only applicable involving the abduction of adult, a fugitive and not the child. On the
other hand, it is another thing if the parent who brought the child to the Philippines is a U.S. citizen and whose
passport was revoked due to an outstanding federal Unlawful Flight to avoid Prosecution (UFAP) warrant or
indictment on charges of International Parental Kidnapping (IPKCA) in violation of 18 USC Section 1204. In
that case, a deportation proceedings can be initiated based on lack of a valid travel document against the taking
spouse.
Under Philippine law, a child below seven (7) years old cannot be separated from the mother except for
compelling reasons. This is known as the maternal preference rule. In assailing custody of the child from the
taking parent (Filipino spouse) the left behind parent can initiate a petition for child custody with habeas
corpus. However, the left behind parent will have to engage a Philippine attorney to initiate this proceedings
and said left behind parent should actively prosecute the petition in the Philippine courts. Or a petition for
recognition and enforcement of a foreign judgment can also be initiated in case the US courts had issued a
custody judgment joined with the petition for child custody and habeas corpus. During the pendency of the
main case, the left behind parent, petitioner before the Philippine courts, can move for an order regarding
temporary custody or ask for a court order to exercise his/her visitation rights. Even if the left behind parent
was given the temporary custody he/she cannot bring the child out of the country pending the resolution of the
main issue involving custody. The other spouse can resort to asking the court to issue a hold departure order
(HDO) for the child to prevent the left behind parent (petitioner) from taking the child out of the country.
Adoption in the Philippines is a process of granting social, emotional and legal family and kinship
membership to an individual from thePhilippines, usually a child.[2] It involves a transfer of parental
rights and obligations and provides family membership. The Department of Social Welfare and
Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a
child whose parents have voluntarily or involuntarily given up their parental rights."
Philippine Republic Act 8552, also known as the Domestic Adoption Act of 1998, recognizes that
children should grow up with their biological parents; however, should the efforts of biological
parents to raise their child be insufficient, other members of the extended family may take on the
responsibility of parenthood for the child. It is only when members of the extended family are not
available that adoption by non-relatives is allowed to take place.
Contents
[hide]
1Recognized Types
o 1.1Agency adoption
1.1.1Procedures for agency adoption
1.1.1.1Pre-adoption
1.1.1.1.1Counseling of biological parents
1.1.1.1.2Counseling for prospective adoptive parents
1.1.1.1.3Counseling of the adoptee
1.1.1.2Adoption procedures
1.1.1.2.1Social Case Study Report
1.1.1.2.2Matching process or family selection
1.1.1.2.3Placement and supervised trial custody
1.1.1.2.4Filing a petition for adoption
1.1.1.2.5Decree of adoption
1.1.2Governing bodies for agency adoption
o 1.2Relative adoption
o 1.3Independent adoption
o 1.4Inter-Country adoption
1.4.1Costs
2Philippine legislation
o 2.1Domestic adoption
2.1.1Evolution of domestic adoption laws
2.1.1.1Old Civil Code
2.1.1.2New Civil Code
2.1.1.3Presidential Decree No. 603
2.1.1.4Family Code
2.1.1.5Domestic Adoption Act of 1998
2.1.1.6Republic Act 9523
2.1.1.7Foster Care Act of 2012
2.1.2Eligibility and requirements
2.1.2.1For Adopters
2.1.2.2For Adoptees
2.1.3Joint adoption applications
o 2.2Intercountry adoption
2.2.1Evolution of inter-country adoption laws
2.2.2Inter-country Adoption Act of 1995
2.2.2.1Inter-Country Adoption Board
2.2.2.2Guidelines for child adoptability[23]
2.2.3Has a certification from DSWD declaring the legality of the child's availability for adoption
(R.A. 9523 of 2009)
2.2.3.1Guidelines for Child Adoptee[24]
2.2.3.2Inter-country adoption procedure[27]
2.2.3.3Penalties
2.2.4Supporting laws and conventions[56]
3Facts and figures
o 3.1Commonly cited reasons for adoption
4Issues
o 4.1Single parent adoption
o 4.2LGBT adoption
o 4.3Costs
o 4.4Stereotypes of adoption in media
5References
Recognized Types[edit]
The DSWD recognizes three major types of domestic adoption within the Philippines: agency
adoption, relative adoption, and independent adoption. Agency adoption refers to the procedure by
which a legally accredited agency finds potential families for children who are put up for adoption.
Relative adoption is when the biological parents of a child renounce their claim over the child to a
relative or a member of their extended family. Independent adoption occurs when biological parents
directly place their child with acquaintances or utilize intermediaries to facilitate the process. As
for inter-country adoption, it is the process of matching a child with a family outside of the Philippines
through the collaboration of local and foreign adoption agencies.
Agency adoption[edit]
Agency adoption occurs when a DSWD-licensed agency finds adoptive families for children. Agency
adoption targets three actors: the biological parents, the child who will be up for adoption, and the
adopters. Philippine state policies and procedures regarding adoption aims to balance and
safeguard the rights and welfare of the stated actors.
Procedures for agency adoption[edit]

Pre-adoption[edit]
The DSWD provides for pre-adoption procedures as stipulated in RA 8552 in order to safeguard
parents from making hurried decisions, as well as safeguard the child from unnecessary separation
from his or her biological parents.[3] The pre-adoption procedures are generally concerned with
counseling the actors involved in order to ensure their mental and emotional well-being throughout
the entire adoption process.
Counseling of biological parents[edit]
Counseling of biological parents attempts to ensure they are well-informed of the implications of
surrendering their child for adoption. This measure is important in safeguarding against hasty
choices born out of potential emotional and financial pressures.
Information provided during the counseling sessions focus on making sure the biological parent
understands that he or she is fully relinquishing their parental authority over the child, which entails
having no further contact with their child. However, if the child wishes, he or she may initiate
communication with their parents in the future. Biological parents are also given the right to
reconsider giving up their child for adoption within three months of signing the Deed of Voluntary
Commitment (DVC), which is a document that formalizes the relinquishment of their child.[4]
Any expressed desire to commit a child to adoption will only be binding after the actual birth of the
child so as to give the biological parents enough opportunity to assess their available alternatives.
Counseling services for biological parents are also available after their child has been surrendered in
order to assist in coping with guilt or feelings of loss.[3]
Should the biological parents of the child be unknown, the DSWD or the child-placing agency has
the duty to explore all avenues in order to locate the biological parents of a child. Efforts are deemed
sufficient when there exists: 1) certification from a local or national radio or television station that the
case was aired on three different occasions; 2) publication of the case in one newspaper of general
circulation; 3) certification from the police, barangay, Philippine Red Cross, National Headquarters
(NHQ), or Social Service Division that the child's parents could not be found; and 4) returned mail to
the last known address of the parent(s) or known relatives.[5]
Counseling for prospective adoptive parents[edit]
Prospective adoptive parents are mandated to go through a counseling process as well as join an
adoption forum in order to be prepared for effective parenting.
Counseling should help prospective adoptive parents come to terms with the reasons behind their
decision to adopt. With regards to infertility in particular, counseling is necessary in order to make
sure the adopters internalize the concept that the adopted child is not merely there as a substitute
child until they are able to conceive.
The social worker is also responsible for making sure the prospective adopters understand are
familiar with the adoption process. This is also when prospective parents are coached on how and
when to discuss and disclose the child's adopted status to the adoptee, as well as how to answer
questions about their biological parents.[3]
Counseling of the adoptee[edit]
Older children are also included in counseling to help them understand that the people who will be
adopting them will be their new parents. To the extent of the childs comprehension, the adoption
process and legal implications will be explained to them. In the counseling sessions, the child is also
given the opportunity to express their apprehensions and hopes for adoption.[3]
Adoption procedures[edit]
Social Case Study Report[edit]
The Social Case Study Report (SCSR) is a written assessment conducted by a licensed social
worker as to the child's social, economic, cultural, and psychosocial background, as well as details
about the abandonment or neglect of the child. The report should also contain the efforts of the
social worker to locate the child's biological parents/relatives.[6]
The certification of counseling of both biological parents must be provided for the case study report
to take place. The DSWD or child-placing agency then must prepare a case study report of the child
and the biological parents. The social worker must confirm the real identity and registered name of
the adoptee with the Civil Registry. If the adoptee is not registered, the social worker is responsible
for facilitating the childs registration.
The case study report must contain the childs legal status, placement history, psychological, social,
spiritual, medical, ethno-cultural background and that of his biological family needed in determining
the most appropriate placement for him.[7] After this, the child may be placed in the custody of the
DWSD or a child-placing agency.
The social worker prepares a case study report on the prospective adopters as well, to make sure
they can provide a suitable home for the child. The Supreme Court Rule on Adoption refers to this as
a home study report aimed to help the DSWD and courts ascertain the genuine intentions of the
adopters.[8]
Matching process or family selection[edit]
Prospective adopters and the children legally available for adoption then meet at the matching table
once the case study reports have been filed.
Matching is the major function of the Child Welfare Specialist Group (CWSG). This group is
composed of five members: a social worker from DSWD, a lawyer, a physician, a psychologist, and
NGO representative of adoptive parents or child welfare agencies.[9] The DSWD Secretary has since
created a National Child Welfare Specialist Group; the creation of a national matching committee
was done in order to prevent delays in placing the child. Adopters are asked to specify their
preferences in the child with whom they will be matched, including sex and age. The matching
process also determines if the adopters are willing to adopt a child who has a developmental delay
or disability.
With regards to religious affiliations, the Omnibus Guidelines on the Domestic Adoption Process
state that religion can only be considered if the child is old enough to understand religious belief and
practices. This age is generally pegged at 6 years old and above.
Placement and supervised trial custody[edit]
Upon the completion of the matching process, the social workers are then required to prepare the
adoptive family and the child for placement. Once the DSWD has approved the placement, the
department will issue the Pre-Adoption Placement Authority to transfer parental responsibility to the
adoptive parents. This also marks the beginning of the supervised trial custody.
The supervised trial custody is defined as the period of time during which a social worker monitors
the adjustment period and emotional preparedness of both adopters and adoptee in their new
familial relationship.[10] This entails monthly home visits to check up on the situation of the adopted
child in his or her new family, after which the social worker must submit progress reports to the
authorized body.
The duration of the supervised trial custody is six months; upon its culmination, the Consent to Adopt
is issued by the DSWD. This time period should be waived if biological parents want to adopt their
illegitimate child, or if foster parents want to adopt their foster child provided that a harmonious
relationship exists between the child and his foster family.[11]
Filing a petition for adoption[edit]
Potential adopters must then file the petition for adoption with the Family Court of their province in
order to make the adoption official. This is the only point when the services of a lawyer are needed.
There are several provisions enumerated in the Supreme Court Rule on Adoption regarding the
petition to be filed. It stipulates that this petition must be verified and state at the heading of the
initiatory pleading its specific contents. These may consist of an application for a change of name,
rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child
as abandoned, dependent or neglected.[12]
In the case of a request for a change of name, reasons must be stated. Along with this, the
registered name, aliases (if any) and the proposed new name of the child must be listed.[13]
If a rectification of simulated birth is requested, the simulation of birth must have occurred prior to the
date of effectivity of RA 8552 and the application for both the rectification and the petition must be
filed within five years of the said date. The simulation of birth would be rectified for the best interests
of the potential adoptee, and he or she must have been consistently treated as the petitioners own
child.[14]
For the case where an abandoned, dependent or neglected child is to be adopted, facts must be
cited to prove this assertion, including the names and residence of the childs parents or guardians.
The name of the accredited child-placement agency must also be stated together with their
authorization to give consent.[15]
The court shall only proceed to hear the petition once the order of hearing has been published and
all stipulated requirements met. Both the petitioner and the potential adoptee must be present during
the hearing, with the petitioner testifying before the judge on the said date. The social worker must
also be present to ensure that all involved parties have been well assessed and have gone
counseling so that they will be fully prepare.[16]
The presence of both the petitioner and the adoptee is vital as through this the court may be able to
better gauge the childs condition both individually and relative to the petitioner.
Decree of adoption[edit]
Only when all the requirements have been settled, can they move stage of the decree of adoption.
The provisions regarding the adoption decree can be found in RA 8552. They include the following.
The decree of adoption phase will only be entered upon approval of the court with the best interests
of the child put forward.[17]
There will also be an amended certificate of birth issued by the Civil Registry. This reinforces the
petitioners claim to the adoptee by registering the child with a new surname. The previous birth
certificate will also be cancelled and stamped appropriately.[18]
The adoption decree will also contain the new name of the child. With the decree also comes the
following, a certificate of finality to be issued by the Clerk of Court after the closure of the 15-day
appeal period and a certified true copy of the adoption decree to be submitted by the adopter to the
Civil Registrar within 30 days of the issuance of the certificate of finality. The Civil Registrar, after
making the proper annotations to the decree of adoption, must then seal away the adoptees original
birth certificate, replacing it with a new birth certificate.[19]
It is important to take note that the decree becomes effective upon filing of the Petition of Adoption.
This completes the process of adoption as the petitioner can now legally refer to the adoptee as his
or her own child.
Governing bodies for agency adoption[edit]
The DSWD oversees this process by providing a license for adoption agencies who are allowed to
facilitate agency adoption. These adoption agencies are also supported by the ACCAP (The
Association of the Child Caring Agencies of the Philippines) who have done so since their
establishment in 1994.[20]
Relative adoption[edit]
Relative adoption is the legal adoption of a child by a close family member. Before parents finalize
their decision on putting up their child for adoption, they would consider all possible placement
options. Most of the time they would rely on the help of family leading to informal arrangements.
Such a set-up could lead to future complications, for instance in inheritance. Thus, to safeguard the
child's rights and benefits, families should go through legal adoption. It is also advised that both birth
parents and the prospective foster parents undergo counseling in order to fully prepare them to
accept and respect the new dynamic for the benefit of the child.[21] As for the proper procedure to be
followed for a legal relative adoption, the steps listed above from Placement and Supervised Trial
Custody until Decree of Adoption must be followed.
Independent adoption[edit]
Independent adoption is the legal adoption of a child by an acquaintance of the biological parents of
the child or a stranger encountered through an intermediary. It shares a lot of similarities to relative
adoption in terms of how the process is facilitated. It primarily differs in the potential adoptive parents
who in this case are not blood-related to the biological parents and therefore the child. An implication
of this is that the child may no longer be monitored as much as the biological parents could in the
case of relative adoption. For the procedure for the independent adoption to be legalized, the steps
beginning from Placement and Supervised Trial Custody up until Decree of Adoption must be
followed.
Private or independent adoptions is the act of either placing a child under a family known by the
child's biological parents or placing a child under a parent or parents who are interested in adopting
the child.[22]
Inter-Country adoption[edit]
Inter-country adoption is done as a last resort, and only when opportunities for local adoption has
been exhausted and for the best interest of the child as per UNICEF,[23]Hague[24] and Philippine[25]
From 1996 to June 2011, inter-country adoption matches were numbered to be around:[26]
1. Regular adoption (4,075)

2. Relative adoption or adoption by a relative within the 4th degree of consanguinity (1,277)
3. Special needs adoption which involves older children who require particular medical
attention (1,020)
4. Independent placement which "refers to children who should be adopted due to exceptional
circumstances (ex. when a foundling is left at the doorstep of a house)[27]" (214)
5. Medical mission adoption which is a temporary adoption by a host family of children in
need of a special operation (54)
Costs[edit]
As of 2007, cost of application for inter-country adoption as well as the processing fee for single
placement is around US$3,200 which may vary depending on where the child came from as well as
where they will go. For a sibling group of two or more, the processing fee will have an additional
US$1,000.00 regardless of the number of siblings. This is in addition to the costs of travel as well as
other documents such as passport, visas, medical and psychological tests of both the child and the
PAP
Philippine legislation[edit]
Domestic adoption[edit]
Evolution of domestic adoption laws[edit]
Old Civil Code[edit]
The first laws about adoption in the Philippines were written in the Spanish Civil Code of 1889 which
was put into effect through a Royal Decree by the Spanish Government. Most of the provisions here
were adopted by the Philippines during their formulation of their own Civil Code in 1993. The
provisions during this time placed importance on the adopter since the process back then was seen
as something beneficial for said adopter. Civil Law expert and former Senator Arturo Tolentino states
that "persons who had no children were allowed to adopt so that they may experience the joys of
paternity and have an object of their instincts of parenthood". Most articles concerned with adoption
in this Civil Law prioritized the adopter and his interests over the adoptee. This can be see in how
one article stated that those who already had natural, legitimate and legitimated children were not
allowed to adopt. The Spanish Civil Code and its provisions on adoption continued to take effect in
the Philippines up until the end of the American Occupation on June 4, 1946.[28][29]
New Civil Code[edit]
On August 30, 1950 the Civil Code of the Philippines was enacted by the Senate and House of
Representatives under Republic Act No. 386.[30] Articles 334 through 347, which can be seen in the
first Book of the Civil Code which is concerned with the Person and Family Relations, contain the
provisions with regard to adoption. Some provisions from the Spanish Civil Code were carried over
to this such as the individuals prohibited from adopting.[29] Aside from those who already had natural
children or natural children by legal fiction, prohibitions for the guardian of the child "before the
approval of his accounts", individuals who have yet to receive approval from their spouses, foreign
nationals who are not residents of the Philippines, and citizens who have committed a crime which
was penalized with six months imprisonment or more were added in this new iteration of the Civil
Code.[31] However, the view on adoption had begun to change by this time with Tolentino stating that
adoption was "now being given a social and moral purpose", which was to provide to the adoptee
"the protection of society in the person of the adopter". The provisions which reflect these views
would not be seen until the release of the New Civil Code. The logic behind restricting adoption to
those who had no natural children was that the purpose of adoption was to "afford to persons who
have no child of their own the consolation of having one by creating, through legal fiction, the relation
of paternity and filiation where none exists by blood relationship". It was also to prevent conflicts
arising from the introduction of a foreign element into a family which already had children.[32] The
requirements for adoption were also made clear in article 334 which stated that adoption may be
requested by "[e]very person of age, who is in full possession of his civil rights".[33] Aside from these,
provisions about who may and may not be adopted, as well as the list of individuals from whom a
written consent must be obtained are also present. The rights and duties of the adopted individual,
as well as the cases wherein adoption may be revoked are also listed in this chapter.[34]
Presidential Decree No. 603[edit]
On June 10, 1975, President Ferdinand E. Marcos enacted Presidential Decree No. 603 also known
as the Child and Youth Welfare Code.[35] In here, the old provisions regarding who were allowed to
adopt were repealed by Article 27. The adopter still had to be in full possession of his civil rights
before he could adopt but now, even those who already had natural children or natural children by
legal fiction were allowed to adopt as long as they could provide support and care for all the
children.[36] Among the new provisions added were those requiring the Department of Social Welfare
and Development to make a case study of the adoptee, his natural parents, and the prospective
adoptive parents before an adoption petition may be granted.[37] A trial custody of at least six months
is also required from the prospective adoptive parents so that their "adjustment and emotional
readiness for the legal union" may be determined.[38] Once the court is satisfied with the results of the
trial custody and the report of the DSWD, a decree of adoption, which states the name that the
adopted child will be known from then on, is issued.[39]
Family Code[edit]
Through Executive Order No. 209, which was enacted on August 3, 1988 by President Corazon C.
Aquino, the Family Code of the Philippines added some new provisions with regard to
adoption.[40] Here, importance was placed on the welfare of the adoptee, unlike past provisions which
prioritized the adopter.[41] The provisions of the Civil Code of the Philippines with regard to adoption
were also repealed. Here, as opposed to the Civil Code wherein a person of any age may be
adopted, only minors were allowed to be adopted with those older only being adoptable under
certain conditions.[42] It was also here where aliens were disqualified from adopting Filipinos, except if
it were an adoption by a relative provided that: 1) the adopter is a former Filipino who is adopting a
blood relative, 2) the adopter is adopting the legitimate child of his / her spouse, or 3) the adopter is
married to a Filipino citizen and they seek to jointly adopt the blood relative of the latter. Cases which
did not fall under the three exceptions were subject to the provisions of inter-country adoption but
these were not yet in present in 1988.[43]
Domestic Adoption Act of 1998[edit]
After the Inter-Country Adoption Law was passed in 1995, the DSWD felt that it was also time to
make amendments with regard to Domestic Adoption Laws which led RA 8552, also known as the
Domestic Adoption Act of 1998.[41][44] Here, the old provisions in the Family Code were repealed and
more provisions with regard to who can adopt, particularly those concerned with aliens or foreign
nationals, were listed. It was also stated here that the petition for adoption may only be filed in the
"Family Court of the province or city where the prospective adoptive parents reside."[45][46]
Republic Act 9523[edit]
Further amendments to this were made through RA 9523, which tackled issues about abandoned
children whose parents did not leave signed documents entrusting them to the DSWD. The time of
declaring the individual available for adoption, up until the certification was shortened from a year to
just over a month with the decision to make it an administrative process instead of a judicial process.
Now, one would only need a certification signed by the DSWD secretary instead of a judicial order
for the declaration of the abandonment of a child.[47]
Foster Care Act of 2012[edit]
On June 11, 2012, Republic Act No. 10165, also known as the Foster Care Act of 2012 was
approved by Congress. Here, provisions were made regarding the procedure on how a foster parent
may become the adoptive parents of a child under his care.[47]
Eligibility and requirements[edit]

For Adopters[edit]
The latest eligibility requirements for those who may adopt and may be adopted can be seen in the
Domestic Adoption Act of 1998. According to Article III section 7, "[a]ny Filipino citizen of legal age,
in possession of full civil capacity and legal rights, of good moral character, has not been convicted
of any crime involving moral turpitude, emotionally and psychologically capable of caring for children,
at least sixteen years older than the adoptee, and who is in a position to support and care for his /
her children in keeping with the means of the family" may adopt. Also the age gap requirement may
be waived "when the adopter is the biological parent of the adoptee, or is the spouse of the
adoptee's parent." Also "[a]ny alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his / her country has diplomatic relations with the Republic of the
Philippines, that he / she has been living in the Philippines for at least three continuous years prior to
the filing of the application for adoption and maintains such residence until the adoption decree is
entered, that he / she has been certified by his / her diplomatic or consular office or any appropriate
government agency that he / she has the legal capacity to adopt in his / her country, and that his /
her government allows the adoptee to enter his / her country as his / her adopted son / daughter"
may adopt. The alien's for requirements for his / her residency and certification, which are required
for adoption, may also be waived if he / she is: 1) "a former Filipino citizen who seeks to adopt a
relative within the fourth degree of consanguinity", 2) "one who seeks to adopt the legitimate son /
daughter of his / her Filipino spouse", or 3) "one who is married to a Filipino citizen and seeks to
adopt jointly with his / her spouse a relative within the fourth degree of consanguinity or affinity of the
Filipino spouse". The guardian with respect to the wad after the termination of the guardianship and
clearance of his / her financial accountabilities" is allowed to adopt.[48]
As long as an individual meets all these qualifications, he / she may adopt. This means that even
relatives by blood or affinity may adopt one another. The state does its best to make sure that the
"natural parents authority and custody of their children" be maintained. Only when this fails and
when there are no requests by the child's extended family to adopt him / her does adoption by an
unrelated person become considered.[49]
The law also ensures that the adopter has the capacity to raise the adoptee. Hence, he / she must
be emotionally, psychologically, and financially capable of caring for the child. These requirements
are vital in order to ensure that the quality of life of the natural children would not be negatively
affected by the introduction of the adopted children. The criteria for evaluating prospective adopters
have been taken from the Child Welfare League of America, Inc. Among these are the prospective
adopters total personality, emotional maturity, the quality of their marital relationship, their feeling
about children, their feeling about childlessness and readiness to adopt and motivation.[49][50]
Conviction for a crime is necessary for the disqualification of a prospective adopter since the
accused is always presumed innocent and so commission of a crime would not necessarily equate
to moral turpitude. A pardon from a crime would not rescind the prospective adopter's disqualification
since he / she was still convicted, regardless if the penalty was imposed or not. The prospective
adopter must not have been convicted of a crime involving moral turpitude since this would affect his
/ her ability to rear a child.[50][51]
The age difference of 16 years was formulated as a solution to a problem brought about by raising
the marriageable age. Before, a 15-year age requirement was required since this was the midway
point of the marriageable age of 14 for females and 16 for males. However, when the marriageable
age was raised to 18, the Civil Code Committee, which drafted the family Code, proposed to have
this raised to 18 as well. This was deemed too much, however, and since a lot of prospective
adopters would have been disqualified if it were to be followed. In order to solve this, the age of
difference of 16 years was chosen.[51]
Although the advanced age of prospective adopters is considered, their health and the kind of home
they could provide to the adoptees are more important. Placing a child in the care of an individual
who was advanced in age but in good health was seen as more desirable than leaving the child with
a public agency.[51]
Before, adoption by aliens was prohibited in the provisions of adoption in the Family Code. However,
this was changed as long as the aliens had the added conditions mentioned above.[51]
With regard to the provisions about the termination of an individual's guardianship before he / she
may be allowed to adopt, this is to ensure that the ward's rights have not been violated or improperly
managed by the guardian. This is also so that conduct of the guardian's may be evaluated. The
guardian must also be financially capable in order to "prevent unscrupulous guardians from escaping
liability for their impropriety."[52]
For Adoptees[edit]
As mandated in Section 8 of the Domestic Adoption Act of 1998, the following may be adopted: "Any
person below eighteen years of age who has been administratively or judicially declared available for
adoption; the legitimate son / daughter of one spouse by the other spouse; an illegitimate son /
daughter by a qualified adopter to improve his / her status to that of legitimacy; a person of legal age
if, prior to the adoption, said person has been consistently considered and treated by the adopter(s)
as his / her own child since minority; a child whose adoption has been previously rescinded; and a
child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be
initiated within six months from the time of death of said parent(s)."[53]
Generally, only minors may be adopted since those of legal age are believed to be capable of taking
care of themselves. However, there are exceptions to this namely: when the adoptee is the
illegitimate child of the adopter, when the adoptee is the legitimate child of his / her spouse, or when
the child has been "consistently treated as a child of the adopter during minority", in which case a de
facto adoption is made. This de facto adoption foregoes the requirement that a child be a minor
because of the assumption that the adoptee was not adopted while he / she was a minor simply
because the adopter failed to do so. However, this de facto adoption must be converted to a legal
adoption for the adoptee to receive all the proper privileges, rights and duties.[54]
Joint adoption applications[edit]
The provisions with regard to joint adoptions by husband and wife, which were repealed in the
Family Code, were retained in the Domestic Adoption Act of 1998. This is required for all married
couples which want to adopt except in the following cases: 1) "If one spouse seeks to adopt the
legitimate son / daughter of the other", 2) "if one spouse seeks to adopt his / her own illegitimate son
/ daughter: Provided, however, That the other spouse has signified his / her consent thereto", or 3) "if
the spouses are legally separated from each other".[48] The process is similar to normal adoptions. In
cases where there is a conflict between husband and wife, "the father's decision shall prevail unless
there is a judicial order to the contrary" according to Article 211 of the Family Code.[25][55]
Intercountry adoption[edit]
Evolution of inter-country adoption laws[edit]
Act No. 3094 was the first law for allowed foreign adoption which allowed any public or charitable
child-caring institution to allow adoption for either Filipinos or aliens. In the Civil Code of 1950, Art.
335 prohibited foreign adoption to countries the Philippines does not have diplomatic ties with to
prevent conflicts of blood and identity in the case of war. In 1975, the Child and Youth Welfare Code
became the legal basis for inter-country adoption allowing for non-resident aliens to adopt in court if
qualified. The shift of adoption authority from judicial to the Director of Social Services and
Development (DSWD) happened in the Council for the Welfare of Children (1976). When the 1988
Family Code was implemented aliens were disqualified from adopting except a) a former Filipino
citizen adopting a relative, 2) adopting the legitimate child of his/her Filipino spouse and 3) spouse of
a Filipino citizen seeking to adopt jointly a relative of the Filipino. All aliens not in these allowances
have to comply with an inter-country adoption act the senate made seven years later.[56]
The ratification of the UN Convention of the Rights of the Child in 1990 and the Hague Convention
on the Protection of Children and Cooperation in Respect to Inter-country Adoption drove the
Philippines to make R.A. No. 8043.[56]
Inter-country Adoption Act of 1995[edit]
In response to the UN Convention on the Rights of the Child (September 2, 1990), the 1995 Hague
Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption
(January 8, 1996), and Art. 184 of the Family Code, the Senate drafted R.A. No. 8043 which will be
the central legal basis for inter-country adoption on June 7, 1995. This was following Senators
Osmena and Coseteng's (sponsor) alarm over the advertising placements of Filipino children in US
publications "that range from $3000 to $15000".[45][57]
The law applies to aliens except 1) a former Filipino citizen seeking to adopt a relative by
consanguinity, 2) one who seeks to adopt the leigitimate child of his/her Filipino spouse, 3) joint
adoption with a Filipino spouse of his/her relative by consanguinity. as well as Filipino citizens
residing permanently abroad. Aliens must have lived in the Philippines at least three (3) continuous
years before filing for adoption as well as have a higher minimum age of 27 compared to domestic
adoption.
Inter-Country Adoption Board[edit]
The law establishes the Inter-Country Adoption Board (ICAB) to be the central authority in inter-
country adoption in the Philippines. They are responsible for licensing local and foreign child-
caring/placement agencies, collecting fees, and matching. The ICAB works in coordination with
Department of Social Welfare and Development (DSWD), Department of Justice (DOJ) and
Department of Foreign Affairs (DFA) which are all involved in inter-country adoption.
Guidelines for child adoptability[23][edit]
1. Child must be below 15 years of age

2. Child must be legally free meaning he/she was voluntarily or involuntarily committed to the
DSWD or child-placing or caring agency freely in accordance with the Child and Youth
Welfare Code
Has a certification from DSWD declaring the legality of the child's availability for adoption
(R.A. 9523 of 2009)[edit]
1. Has child study, birth or foundling certificate, deed of voluntary commitment, medical
certificate and psychological evaluation
2. Written consent by the child if he/she is above 10 years of age
Guidelines for Child Adoptee[24][edit]
The alien or Filipino permanently residing abroad must be at least 27 years of age and 16 years
older than the child. A joint adoption must be done in the case of marriage. He/she/they must be
eligible to adopt under Philippine, UN and their foreign national laws from a country wherein the
Philippines must have diplomatic relations. From the Domestic Adoption Act, he/she has to have
been living in the Philippines for at least three (3) continuous years prior to the filing of the petition
and stays until the adoption decree is entered.
According to the ICAB, marital requirements also apply[26]
Minimum length of marriage requirement for ICA applicants is 3 years;

Applicants who have lived together in a common law relationship for several years culminating in
a legal marriage must be married for at least one (1) year and the stability of the relationship
prior to marriage ios taken into consideration;
Single applicants are not prohibited from applying but effective July 2007 the Board has set a
moratorium on the acceptance of single applicants unless the child preference is a child with
special needs (older or sibling group);
PAPs with history of divorce: since stability of marriage will ensure the permanency of the
placement, a maximum of two (2) divorce histories will be accepted.
Additional requirements set by the ICAB include
Educational requirements: must have at least a high school diploma

Income requirements: must have a minimum annual income of US$40,000.00
Single applicants: Resources for older children between 915 years old.
Inter-country adoption procedure[27][edit]
As of Section 10, 11 and 14, the prospective adoptive parent (PAP) must apply to the ICAB, or the
Philippine Regional Trial Court through an intermediate foreign agency. Requirements such as the
applicant's birth certificate, home study, written consent of biological or adopted children if above 10
years of age, medical and psychological evaluations, income tax returns and police clearance are
needed for the application process. The waiting period for the Board to approve the application is 3
months to 1 year.
Once the application is approved, matching a suitable child to the family is done depending on the
preferences PAP. The availability of a child for adoption is determined by the DSWD, determining if it
will be in the child's best interests. Matching is done by the Board which includes the head or social
worker of the agency, a child psychologist, a medical doctor, a lawyer, and a representative of an
NGO engaged in child welfare. The waiting time usually takes 2 to 4 years after the approval of the
PAP. Acceptance of a special needs child or older (73 months and above) generally shortens the
waiting period. Upon approval of the PAPs of the matching, the Philippine law compels adopters to
personally fetch the child from the Philippines not later than thirty (30) working days after issuance of
visa of the child.
The Philippine Inter-country Adoption Law requires a six (6) months post placement period or trial
custody period where three (3) Post Placement Supervisory Reports along with pictures of the child
and the PAPs (or extended family) must be submitted to the ICAB. If successful, a Consent to
Adoption between the parents and the ICAB within fifteen (15) days of last post placement report.
The final step is a petition for adoption with the court in the country the parent resides.
Penalties[edit]
Knowing violations of the law shall incur monetary fines and imprisonment ranging from one (1) to
twelve (12) years and fines of at least PHP5000. Violations include "1) consent for adoption taken by
coercion, and improper material inducement, 2) no authority from the Board, 3) procedures and
safeguards not complied with, and 4) child to be adopted is subjected or exposed to danger, abuse
and exploitation."
Supporting laws and conventions[56][edit]
E.O. 209 (Family Code)

P.D. 603 (Child and Youth Welfare Code)
Act. No. 3094
Civil Code of 1995 Art. 335
A.O. No. 150 of 1981
E.O. 91
UN Convention on the Rights of the Child (ratified 1990)
Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country
Adoption
Facts and figures[edit]
From 2009 to 2015, a total of 4,860 children have been issued a certification declaring them legally
available for adoption, with 2,533 children still waiting to be adopted.[58] DSWD had reported 9,017
Filipino children matched for inter-country adoption from 1995 to 2014. In 2014 there were 415
children placed for inter-country adoption and 1,536 for domestic adoption.[59]
The distribution of children served through child placement services in the Philippines, both region-
wise and age-wise, are found in the table below.[60]
Alternative Family Care Program
Number of Children Served Through Child Placement Policies
Adoption Services
Regio
n
Foster Care Service
Cleared for Inter-
Issued with Issued with
Country Adoption
CDCLAA PAPA/ACA
(ICA)
Tota Mal Femal Tota Mal Femal Tota Mal Femal Tota Mal Femal
l e e l e e l e e l e e
1,98
Total 687 367 320 357 147 210 348 195 153 898 1,087
5
NCR 13 7 6 7 3 4 4 1 3 290 145 145
CAR 16 6 10 21 9 12 9 7 2 67 29 38
I 26 9 17 27 8 19 15 8 7 44 23 21
II 119 68 51 60 19 41 59 38 21 172 55 117
III 17 9 8 7 3 4 4 4 0 110 28 82
IV - A 15 4 11 10 5 5 8 5 3 112 75 37
IV - B 55 31 24 35 17 18 25 13 12 55 37 18
V 72 39 33 30 14 16 48 26 22 54 25 29
VI 22 9 13 2 1 1 9 3 6 42 17 25
VII 6 3 3 3 2 1 4 2 2 70 33 37
VIII 21 10 11 16 6 10 11 6 5 74 26 48
IX 42 24 18 29 16 13 10 6 4 600 265 335
X 8 8 - 3 0 3 7 3 4 127 66 61
XI 10 4 6 7 1 6 2 0 2 101 43 58
XII 227 124 103 17 8 9 15 8 7 40 14 26
Carag
18 12 6 83 35 48 118 65 53 27 17 10
a
Age 1,98
687 367 320 357 147 210 348 195 153 898 1,087
Group 5
0 to
below 237 124 113 87 36 51 86 60 26 115 38 77
1
1 to
below 255 133 122 161 71 90 117 66 51 229 96 133
5
5 to
below 115 70 45 59 25 34 76 46 30 221 78 143
10
10 to
below 63 31 32 27 6 21 54 16 38 129 60 69
14
14 to
below 17 9 8 16 6 10 15 7 8 96 32 64
18
18 and
0 7 3 4 0 4 2 2
above
No
age 1,19
0 0 0 592 599
bracke 1
t
Notes:
CDCLAA: Certification Declaring a Child Legally Available for Adoption
PAPA: Pre-Adoption Placement Authority
ACA: Affidavit of Consent to Adoption
Region XII, SOCCSKSARGEN, holds the highest concentration of permanent adoptions (18.61%,
excluding Foster Care services), followed by CARAGA (15.73%). Region VII, Central Visayas, holds
the lowest concentration of permanent adoptions (0.93%). Similarly computed figures for specific
documentation methods for adoption are as follows:
Issued with CDCLAA:
Highest Region XII (33.04%)
2nd Highest Region II (17.32%)
Lowest Region VII (0.87%)
Issued with PAPA:
Cleared for ICA:
In terms of age group distributions, 1 to below 5 holds the highest concentration (38.29%, excluding
Foster Care Services), followed by 0 to below 1 (29.45%). The bracket with the lowest concentration
is 18 and above (0.5%). Once again, similarly computed figures for specific documentation methods
for adoption are as follows:
Issued with CDCLAA:
Highest 1 to below 5 (37.12%)
2nd Highest 0 to below 1 (34.5%)
Lowest 18 and above (0%)
Issued with PAPA:
Lowest 18 and above (1.96%)
Cleared for ICA:
Lowest 18 and above (0%)
Commonly cited reasons for adoption[edit]

According to Social Welfare Officers in the Department of Social Welfare and Development, the four
most noticeably common reasons for adoption cited are the following:
1. Mother is not yet of legal age.
2. Relationships are illicit.
3. Pregnancy is the product of abuses, such as rape.
4. Pregnancy is the product of incest.
It has also been noted that while poverty may be assumed by the general public to be a leading
reason for adoption, this has actually not been the case. The DSWD makes efforts to provide
funding and services to families that attempt to put children up for adoption due to poverty.[61]
Issues[edit]
Single parent adoption[edit]
There is a misconception that only married couples can legally adopt a child in the Philippines. The
Department of Social Welfare and Development allows individual to adopt a child if they can prove to
be capable of adopting a child. Sally Dagulo, head of the DSWD's Alternative Care Division, claims
that the government agency is gender-sensitive and does not take account the gender orientation of
anyone willing to adopt a child. Religion of a child is only considered when a child legally available
for adoption is 6 years old and above, when the child usually already practices a religion.[62]
LGBT adoption[edit]
Homosexual marriage is not allowed in the Philippines; at the same time, homosexuality and the
homosexual act are not punishable by law in the country. LGBT adoption remains a gray area in the
law on Philippine adoption. Homosexual couples may not file for joint adoption, given that their union
is not recognized under the law. However, according to the eligibility requirements which govern
Philippine domestic adoption, there are no explicit laws that bar a homosexual individual from
adopting a child. The requirements for being a prospective adopter do not take into consideration the
adopters sexual orientation.[63]
While this is the case, prospective LGBT adopters may still be considered unfit to adopt if the state
decides that they do not have good moral character. The Civil Code, the Family Code, and the
Child and Youth Welfare Code require that parents must be able to provide moral formation for the
child. The abstract nature of this parental duty leaves the term open to interpretation. Depending on
the inclinations of the state, a member of the LGBT may not be allowed to exercise parental
authority because the state has judged them as immoral.[64]
Costs[edit]
Social Welfare Officers in the [Office] of the Department of Social Welfare and Development
(DSWD) have cited that common criticisms of adoption include the difficulty of families to bear
excess costs (most notably, legal fees), and the amount of time it takes for adoption processes to be
fully completed, normally within 12 years. The DSWD has cited that they are in the middle of efforts
towards consultation dialogues with court judges, in order to hasten the adoption process.
Stereotypes of adoption in media[edit]

Adoption cases are generally painted in a negative light, resulting from the stigma against foster
parents being infertile couples. There is also a pervasive concept of the amponwho is viewed as a
victim of abuse that prevents him or her from developing into a fully functioning adult. The DSWD
has called out the exaggerated depiction of adoption in Philippine media; secretary Corazon Soliman
of the DSWD has urged those responsible, such as telenovela writers, to portray cases of adoption
in a good light instead.[65]
References[edit]
1. Jump up^ Pangalangan, Elizabeth A. (2013). Not Bone of My Bone but Still My Own: A Treatise on
the Philippine Adoption. Quezon City: University of the Philippines College of Law. p. 181.
2. Jump up^ editor, Connaught Marshner, (1999). Adoption factbook III. Washington, DC: National
Council for Adoption. pp. 1013. ISBN 0-9615820-3-0.
3. ^ Jump up to:a b c d Republic Act No. 8552, Section 4. February 25, 1998.
4. Jump up^ Republic Act No. 9523, Section 7. March 12, 2009.
7. Jump up^ Republic Act 8552, Section 3. February 25, 1998.
8. Jump up^ Supreme Court Rule on Adoption, Section 3. 2002.
9. Jump up^ DSWD Implementing Rules and Regulations of RA 8552, Section 19. December 8, 1998.
12. Jump up^ Supreme Court Rule on Adoption, Section 7.
13. Jump up^ Supreme Court Rule on Adoption, Sections 7 and 10.
17. Jump up^ Republic Act No. 8552, Section 13. February 25, 1998.
20. Jump up^ 9th Global Consultation on Child Welfare Services. DSWD. 2007. p. 30.
21. Jump up^ editor, Connaught Marshner, (1999). Adoption factbook III. Washington, DC: National
Council for Adoption. pp. 500501. ISBN 0-9615820-3-0.
22. Jump up^ "Department of Social Welfare and Development | LOCAL ADOPTION: REQUIREMENTS
AND PROCEDURES". Dswd.gov.ph. Retrieved 2013-12-14.
23. ^ Jump up to:a b "Guzman Taedo & Acain - Procedure for inter-country adoption (RA
8043)".www.gtalawphil.com. Retrieved 2016-04-22.
24. ^ Jump up to:a b "FAQ | Inter-Country Adoption Board (ICAB)". Retrieved 2016-04-22.
25. ^ Jump up to:a b Sta. Maria, Jr., Melencio S. (2015). Persons and Family Relations Law. Manila City:
REX Book Store. p. 722.
26. ^ Jump up to:a b "R.A. 9523". Retrieved 2016-04-22.
27. ^ Jump up to:a b Guzman Taedo & Acain. "Procedure for inter-country adoption (RA 8043)".
Retrieved 2016-04-22.
29. ^ Jump up to:a b Pangalangan, Elizabeth A (2013). Not Bone of My Bone but Still My Own: A Treatise
on the Philippine Adoption. Quezon City: University of the Philippines College of Law. p. 28.
30. Jump up^ Civil Code of the Philippines
31. Jump up^ Civil Code of the Philippines, Article 335
33. Jump up^ Civil Code of the Philippines, Article 334
34. Jump up^ Civil Code of the Philippines, Articles 337-344, 348
35. Jump up^ Child and Youth Welfare Code
36. Jump up^ Pangalangan, Elizabeth A (2013). Not Bone of My Bone but Still My Own: A Treatise on
37. Jump up^ Child and Youth Welfare Code, Article 33
40. Jump up^ Family Code of the Philippines
41. ^ Jump up to:a b Pangalangan, Elizabeth A. (2013). Not Bone of My Bone but Still My Own: A Treatise
42. Jump up^ Family Code of the Philippines, Article 183
44. Jump up^ Domestic Adoption Act of 1998
on the Philippine Adoption. Quezon City: University of the Philippines College of Law. pp. 6064.
48. ^ Jump up to:a b Domestic Adoption Act of 1998, Article III Section 7
51. ^ Jump up to:a b c d Sta. Maria, Jr., Melencio S. (2015). Persons and Family Relations Law. Manila City:
52. Jump up^ Sta. Maria, Jr., Melencio S. (2015). Persons and Family Relations Law. Manila City: REX
Book Store. p. 721.
53. Jump up^ Domestic Adoption Act of 1998, Article III Section 8
54. Jump up^ Sta. Maria, Jr., Melencio S. (2015). Persons and Family Relations Law. Manila City: REX
Book Store. p. 723.
55. Jump up^ Family Code of the Philippines, Article 211
56. ^ Jump up to:a b c Pangalangan, Elizabeth A. (2013). Not Bone of My Bone but Still My Own. Quezon
City: University of the Philippines College of Law. pp. 3541.
57. Jump up^ Lim-Jardaleza, Concepcion; Apolona, Gerrome (1997). Legal Aspects of Inter-country
Adoption. Quezon: Institute of Judicial Administration, UP Law Center. p. 33.
58. Jump up^ Department of Social Welfare and Development (February 26, 2015). "Legal adoption:
Placing a child with a loving family". Retrieved April 22, 2016.
59. Jump up^ Rodriguez, Fritzie (February 26, 2015). "Consider adopting a child, gov't asks couples".
Retrieved April 23, 2016 via www.rappler.com.
60. Jump up^ Retrieved from the Policy Development and Planning Bureau, Department of Social
Welfare and Services, on 2016, April 14.
61. Jump up^ Interview with Social Welfare Officer, Department of Social Welfare and Services. 11 April
2016.
62. Jump up^ "Adoption open to singlesDSWD | Inquirer News". Newsinfo.inquirer.net. 12 February
2012. Retrieved 14 December 2014.
63. Jump up^ Go-Evangelista, Ronald Brian (2006). "Philippine Inter-Country Adoption Laws and the
Foreign Homosexual Couple as Prospective Adoptive Parents" (PDF). Philippine Law Journal.
Retrieved April 24, 2016.
64. Jump up^ Abrenica, Jessica; Asuncion, Amabelle; Katigbak, Mona Francesca (June 2001)."Beyond
Malakas and Maganda: Re-welcoming the Baybayan into the Filipino Family"(PDF). Philippine Law
Journal. Retrieved April 24, 2016.
65. Jump up^ Esmaquel, Paterno II (24 March 2012). "DSWD: Get rid of adoption stereotypes on
TV". Rappler. Retrieved 23 April 2016.
2. Adoption is an available option to those who want to provide love and care to
abandoned or neglected children. After all, everyone deserves to live a normal
and healthy life. However, no one is above the law. Even when you have pure
intentions, adoption will not be considered legal unless it is in accordance with
the Philippine law. The court will not honor any verbal agreement as legal
procedures must be followed to prevent any issues with parental authority. The
Republic Act No. 8552 or better known as the Domestic Adoption Act of 1998
provides details of the adoption process.
3. Section 7. Who May Adopt. The following may adopt:
4. (a) Any Filipino citizen of legal age, in possession of full civil capacity and legal
rights, of good moral character, has not been convicted of any crime involving
moral turpitude, emotionally and psychologically capable of caring for children, at
least sixteen (16) years older than the adoptee, and who is in a position to
support and care for his/her children in keeping with the means of the family. The
requirement of sixteen (16) year difference between the age of the adopter and
adoptee may be waived when the adopter is the biological parent of the adoptee,
or is the spouse of the adoptee's parent;
5. (b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been living in the Philippines for at
least three (3) continuous years prior to the filing of the application for adoption
and maintains such residence until the adoption decree is entered, that he/she
has been certified by his/her diplomatic or consular office or any appropriate
government agency that he/she has the legal capacity to adopt in his/her country,
and that his/her government allows the adoptee to enter his/her country as
his/her adopted son/daughter: Provided, Further, That the requirements on
residency and certification of the alien's qualification to adopt in his/her country
may be waived for the following:
6. (i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
7. (ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse;
or
8. (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her
spouse a relative within the fourth (4th) degree of consanguinity or affinity of the
Filipino spouse; or
9. (c) The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.
10. Husband and wife shall jointly adopt, except in the following cases:
11. (i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
12. (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided,
However, that the other spouse has signified his/her consent thereto; or
13. (iii) if the spouses are legally separated from each other.
14. In case husband and wife jointly adopt, or one spouse adopts the illegitimate
son/daughter of the other, joint parental authority shall be exercised by the
spouses.
15. Section 8. Who May Be Adopted. The following may be adopted:
16. (a) Any person below eighteen (18) years of age who has been administratively
or judicially declared available for adoption;
17. (b) The legitimate son/daughter of one spouse by the other spouse;
18. (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to

that of legitimacy;
19. (d) A person of legal age if, prior to the adoption, said person has been
consistently considered and treated by the adopter(s) as his/her own child since
minority;
20. (e) A child whose adoption has been previously rescinded; or
21. (f) A child whose biological or adoptive parent(s) has died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of said
parent(s).
22. Section 9. Whose Consent is Necessary to the Adoption. After being properly
counseled and 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 hereby required:
23. (a) The adoptee, if ten (10) years of age or over;
24. (b) The biological parent(s) of the child, if known, or the legal guardian, or the
proper government instrumentality which has legal custody of the child;
25. (c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of
the adopter(s) and adoptee, if any;
26. (d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter
if living with said adopter and the latter's spouse, if any; and
27. (e) The spouse, if any, of the person adopting or to be adopted.
28. ARTICLE IV
29. PROCEDURE
30. Section 10. Hurried Decisions. In all proceedings for adoption, the court shall
require proof that the biological parent(s) has been properly counseled to prevent
him/her from making hurried decisions caused by strain or anxiety to give up the
child, and to sustain that all measures to strengthen the family have been
exhausted and that any prolonged stay of the child in his/her own home will be
inimical to his/her welfare and interest.
31. Section 11. Case Study. No petition for adoption shall be set for hearing unless
a licensed social worker of the Department, the social service office of the local
government unit, or any child-placing or child-caring agency has made a case
study of the adoptee, his/her biological parent(s), as well as the adopter(s), and
has submitted the report and recommendations on the matter to the court
hearing such petition.
32. At the time of preparation of the adoptee's case study, the concerned social
worker shall confirm with the Civil Registry the real identity and registered name
of the adoptee. If the birth of 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.
33. The case study on the adoptee shall establish that he/she is legally available for
adoption and that the documents to support this fact are valid and authentic.
Further, the case study of the adopter(s) shall ascertain his/her genuine
intentions and that the adoption is in the best interest of the child.
34. The Department shall intervene on behalf of the adoptee if it finds, after the
conduct of the case studies, that the petition should be denied. The case studies
and other relevant documents and records pertaining to the adoptee and the
adoption shall be preserved by the Department.
35. Section 12. Supervised Trial Custody. No petition for adoption shall be finally
granted until the adopter(s) has been given by the court a supervised trial
custody period for at least six (6) months within which the parties are expected to
adjust psychologically and emotionally to each other and establish a bonding
relationship. During said period, temporary parental authority shall be vested in
the adopter(s).
36. The court may motu proprio or upon motion of any party reduce the trial period if
it finds the same 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 must complete
the six (6)-month trial custody except for those enumerated in Sec. 7 (b) (i) (ii)
(iii).
37. If the child is below seven (7) years of age and is placed with the prospective
adopter(s) through a pre-adoption placement authority issued by the Department,
the prospective adopter(s) shall enjoy all the benefits to which biological
parent(s) is entitled from the date the adoptee is placed with the prospective
adopter(s)
38. Section 13. Decree of Adoption. If, after the publication of the order of hearing
has been complied with, and no opposition has been interposed to the petition,
and after consideration of the case studies, the qualifications of the adopter(s),
trial custody report and the evidence submitted, the court is convinced that the
petitioners are qualified to adopt, and that the adoption would redound to the best
interest 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 shall also
apply in case the petitioner(s) dies before the issuance of the decree of adoption
to protect the interest of the adoptee. The decree shall state the name by which
the child is to be known.
39. Section 14. Civil Registry Record. An amended certificate of birth shall be
issued by the Civil 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 with his/her
surname. The original certificate of birth shall be stamped "cancelled" with the
annotation of the issuance of an amended birth certificate in its place and shall
be sealed in the civil registry records. The new birth certificate to be issued to the
adoptee shall not bear any notation that it is an amended issue.
40. Section 15. Confidential Nature of Proceedings and Records. All hearings in
adoption cases 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 the court,
the Department, or any other agency or institution participating in the adoption
proceedings shall be kept strictly confidential.
41. If the court finds that the disclosure of the information to a third person is
necessary for purposes connected with or arising out of the adoption and will be
for the best interest of the adoptee, the court may merit the necessary
information to be released, restricting the purposes for which it may be used.
42. Republic of the Philippines

Congress of the Philippines
Metro Manila
43. Tenth Congress
44.
45. Republic Act No. 8552 February 25, 1998

46. AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION
OF FILIPINO CHILDREN AND FOR OTHER PURPOSES
47. Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
48. ARTICLE I
GENERAL PROVISIONS
49. Section 1. Short Title. This Act shall be known as the "Domestic Adoption Act of 1998."
50. Section 2. Declaration of Policies. (a) It is hereby declared 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 the full and harmonious
development of his/her personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the child's extended family is available shall
adoption by an unrelated person be considered.
51. (b) In all matters relating to the care, custody and adoption of a child, his/her interest shall be
the paramount consideration in accordance with the tenets set forth in the United Nations
(UN) Convention on the Rights of the Child; UN 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; and the Hague Convention on the
Protection of Children and Cooperation in Respect of Intercountry Adoption. Toward this end,
the State shall provide alternative protection and assistance through foster care or adoption
for every child who is neglected, orphaned, or abandoned.
52. (c) It shall also be a State policy to:
53. (i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her
parental authority over his/her child;
54. (ii) Prevent the child from unnecessary separation from his/her biological parent(s);
55. (iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody
over his/her adopted child.
56. Any voluntary or involuntary termination of parental authority shall be administratively or
judicially declared so as to establish the status of the child as "legally available for adoption"
and his/her custody transferred to the Department of Social Welfare and Development or to
any duly licensed and accredited child-placing or child-caring agency, which entity shall be
authorized to take steps for the permanent placement of the child;
57. (iv) Conduct public information and educational campaigns to promote a positive
environment for adoption;
58. (v) Ensure that sufficient capacity exists within government and private sector agencies to
handle adoption inquiries, process domestic adoption applications, and offer adoption-related
services including, but not limited to, parent preparation and post-adoption education and
counseling; and
59. (vi) Encourage domestic adoption so as to preserve the child's identity and culture in his/her
native land, and only when this is not available shall intercountry adoption be considered as
a last resort.
60. Section 3. Definition of Terms. For purposes of this Act, the following terms shall be
defined as:
61. (a) "Child" is a person below eighteen (18) years of age.
62. (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 accredited child-placing
or child-caring agency, freed of the parental authority of his/her biological parent(s) or
guardian or adopter(s) in case of rescission of adoption.
63. (c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes
parental authority to the Department.
64. (d) "Involuntarily committed child" is one whose parent(s), known or unknown, has been
permanently and judicially deprived of parental authority due to abandonment; substantial,
continuous, or repeated neglect; abuse; or incompetence to discharge parental
responsibilities.
65. (e) "Abandoned child" refers to one who has no proper parental care or guardianship 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.
66. (f) "Supervised trial custody" is a period of time within which a social worker oversees the
adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial
relationship.
67. (g) "Department" refers to the Department of Social Welfare and Development.
68. (h) "Child-placing agency" is a duly licensed and accredited agency by the Department to
provide comprehensive child welfare services including, but not limited to, receiving
applications for adoption, evaluating the prospective adoptive parents, and preparing the
adoption home study.
69. (i) "Child-caring agency" is a duly licensed and accredited agency by the Department that
provides twenty four (24)-hour residential care services for abandoned, orphaned, neglected,
or voluntarily committed children.
70. (j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth
records 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 and status.
71. ARTICLE II
PRE-ADOPTION SERVICES
72. Section 4. Counseling Service. The Department shall provide the services of licensed
social workers to the following:
73. (a) Biological Parent(s) Counseling shall be provided to the parent(s) before and after the
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 (6) months shall be allowed for the biological
parent(s) to reconsider any decision to relinquish his/her child for adoption before the
decision becomes irrevocable. Counseling and rehabilitation services shall also be offered to
the biological parent(s) after he/she has relinquished his/her child for adoption.
74. Steps shall be taken by the Department to ensure that no hurried decisions are made and all
alternatives for the child's future and the implications of each alternative have been provided.
75. (b) Prospective Adoptive Parent(s) Counseling sessions, adoption fora and seminars,
among others, shall be provided to prospective adoptive parent(s) to resolve possible
adoption issues and to prepare him/her for effective parenting.
76. (c) Prospective Adoptee Counseling sessions shall be provided to ensure that he/she
understands the nature and effects of adoption and is able to express his/her views on
adoption in accordance with his/her age and level of maturity.
77. Section 5. Location of Unknown Parent(s). It shall be the duty of the Department or the
child-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 efforts fail, the child shall be registered as
a foundling and subsequently be the subject of legal proceedings where he/she shall be
declared abandoned.
78. Section 6. Support Services. The Department shall develop a pre-adoption program
which shall include, among others, the above mentioned services.
79. ARTICLE III
ELIGIBILITY
80. Section 7. Who May Adopt. The following may adopt:
81. (a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of
good moral character, has not been convicted of any crime involving moral turpitude,
emotionally and psychologically capable of caring for children, at least sixteen (16) years
older than the adoptee, and who is in a position to support and care for his/her children in
keeping with the means of the family. The requirement of sixteen (16) year difference
between the age of the adopter and adoptee may be waived when the adopter is the
biological parent of the adoptee, or is the spouse of the adoptee's parent;
82. (b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the Republic of the
Philippines, that he/she has been living in the Philippines for at least three (3) continuous
years prior to the filing of the application for adoption and maintains such residence until the
adoption decree is entered, that he/she has been certified by his/her diplomatic or consular
office or any appropriate government agency that he/she has the legal capacity to adopt in
his/her country, and that his/her government allows the adoptee to enter his/her country as
his/her adopted son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be waived for the
following:
83. (i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
84. (ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
85. (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or
86. (c) The guardian with respect to the ward after the termination of the guardianship and
clearance of his/her financial accountabilities.
87. Husband and wife shall jointly adopt, except in the following cases:
88. (i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
89. (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However,
that the other spouse has signified his/her consent thereto; or
90. (iii) if the spouses are legally separated from each other.
91. In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of
the other, joint parental authority shall be exercised by the spouses.
92. Section 8. Who May Be Adopted. The following may be adopted:
93. (a) Any person below eighteen (18) years of age who has been administratively or judicially
declared available for adoption;
94. (b) The legitimate son/daughter of one spouse by the other spouse;
95. (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of
legitimacy;
96. (d) A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his/her own child since minority;
97. (e) A child whose adoption has been previously rescinded; or
98. (f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings
shall be initiated within six (6) months from the time of death of said parent(s).
99. Section 9. Whose Consent is Necessary to the Adoption. After being properly
counseled and 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 hereby required:
100. (a) The adoptee, if ten (10) years of age or over;
101. (b) The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child;
102. (c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the
adopter(s) and adoptee, if any;
103. (d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if
living with said adopter and the latter's spouse, if any; and
104. (e) The spouse, if any, of the person adopting or to be adopted.
105. ARTICLE IV
PROCEDURE
106. Section 10. Hurried Decisions. In all proceedings for adoption, the court shall
require proof that the biological parent(s) has been properly counseled to prevent him/her
from making hurried decisions caused by strain or anxiety to give up the child, and to sustain
that all measures to strengthen the family have been exhausted and that any prolonged stay
of the child in his/her own home will be inimical to his/her welfare and interest.
107. Section 11. Case Study. No petition for adoption shall be set for hearing unless a
licensed social worker of the Department, the social service office of the local government
unit, or any child-placing or child-caring agency has made a case study of the adoptee,
his/her biological parent(s), as well as the adopter(s), and has submitted the report and
recommendations on the matter to the court hearing such petition.
108. At the time of preparation of the adoptee's case study, the concerned social worker
shall confirm with the Civil Registry the real identity and registered name of the adoptee. If
the birth of 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.
109. The case study on the adoptee shall establish that he/she is legally available for
adoption and that the documents to support this fact are valid and authentic. Further, the
case study of the adopter(s) shall ascertain his/her genuine intentions and that the adoption
is in the best interest of the child.
110. The Department shall intervene on behalf of the adoptee if it finds, after the conduct
of the case studies, that the petition should be denied. The case studies and other relevant
documents and records pertaining to the adoptee and the adoption shall be preserved by the
Department.
111. Section 12. Supervised Trial Custody. No petition for adoption shall be finally
granted until the adopter(s) has been given by the court a supervised trial custody period for
at least six (6) months within which the parties are expected to adjust psychologically and
emotionally to each other and establish a bonding relationship. During said period, temporary
parental authority shall be vested in the adopter(s).
112. The court may motu proprio or upon motion of any party reduce the trial period if it
finds the same 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 must complete the six (6)-month trial
custody except for those enumerated in Sec. 7 (b) (i) (ii) (iii).
113. If the child is below seven (7) years of age and is placed with the prospective
adopter(s) through a pre-adoption placement authority issued by the Department, the
prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from
the date the adoptee is placed with the prospective adopter(s).
114. Section 13. Decree of Adoption. If, after the publication of the order of hearing
has been complied with, and no opposition has been interposed to the petition, and after
consideration of the case studies, the qualifications of the adopter(s), trial custody report and
the evidence submitted, the court is convinced that the petitioners are qualified to adopt, and
that the adoption would redound to the best interest 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 shall also apply in case the petitioner(s) dies before the issuance of the decree of
adoption to protect the interest of the adoptee. The decree shall state the name by which the
child is to be known.
115. Section 14. Civil Registry Record. An amended certificate of birth shall be issued
by the Civil 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 with his/her surname. The original certificate
of birth shall be stamped "cancelled" with the annotation of the issuance of an amended birth
certificate in its place and shall be sealed in the civil registry records. The new birth
certificate to be issued to the adoptee shall not bear any notation that it is an amended issue.
116. Section 15. Confidential Nature of Proceedings and Records. All hearings in
adoption cases 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 the court, the Department, or any
other agency or institution participating in the adoption proceedings shall be kept strictly
confidential.
117. If the court finds that the disclosure of the information to a third person is necessary
for purposes connected with or arising out of the adoption and will be for the best interest of
the adoptee, the court may merit the necessary information to be released, restricting the
purposes for which it may be used.
118. ARTICLE V
EFFECTS OF ADOPTION
119. Section 16. Parental Authority. Except in cases where the biological parent is the
spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be
severed and the same shall then be vested on the adopter(s).
120. Section 17. Legitimacy. The adoptee shall be considered the legitimate
son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the
rights and obligations provided by law to legitimate sons/daughters born to them without
discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support
in keeping with the means of the family.
121. Section 18. Succession. In legal and intestate succession, the adopter(s) and the
adoptee shall have reciprocal rights of succession without distinction from legitimate filiation.
However, if the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern.
122. ARTICLE VI
RESCISSION OF ADOPTION
123. Section 19. Grounds for Rescission of Adoption. Upon petition of the adoptee,
with the assistance of the Department if a minor or if over eighteen (18) years of age but is
incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following
grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counseling; (b) attempt on the life of the adoptee; (c)
sexual assault or violence; or (d) abandonment and failure to comply with parental
obligations.
124. Adoption, being in the best interest of the child, shall not be subject to rescission by
the adopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
125. Section 20. Effects of Rescission. If the petition is granted, the parental authority
of the adoptee's biological parent(s), if known, or the legal custody of the Department shall
be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and
obligations of the adopter(s) and the adoptee to each other shall be extinguished.
126. The court shall order the Civil Registrar to cancel the amended certificate of birth of
the adoptee and restore his/her original birth certificate.
127. Succession rights shall revert to its status prior to adoption, but only as of the date of
judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be
respected.
128. All the foregoing effects of rescission of adoption shall be without prejudice to the
penalties imposable under the Penal Code if the criminal acts are properly proven.
129. ARTICLE VII
VIOLATIONS AND PENALTIES
130. Section 21. Violations and Penalties. (a) The penalty of imprisonment ranging
from six (6) years 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 hundred thousand pesos
(P200,000.00) at the discretion of the court shall be imposed on any person who shall
commit any of the following acts:
131. (i) obtaining consent for an adoption through coercion, undue influence, fraud,
improper material inducement, or other similar acts;
132. (ii) non-compliance with the procedures and safeguards provided by the law for
adoption; or
133. (iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
134. (b) Any person who shall cause the fictitious registration of the birth of a child under
the name(s) 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 medium period and a fine not
exceeding Fifty thousand pesos (P50,000.00).
135. Any physician or nurse or hospital personnel who, in violation of his/her oath of
office, shall cooperate in the execution of the abovementioned crime shall suffer the
penalties herein prescribed and also the penalty of permanent disqualification.
136. Any person who shall violate established regulations relating to the confidentiality
and integrity of records, documents, and communications of adoption applications, cases,
and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1)
day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000.00) but not
more than Ten thousand pesos (P10,000.00), at the discretion of the court.
137. A penalty lower by two (2) degrees than that prescribed for the consummated
offense under this Article shall be imposed upon the principals of the attempt to commit any
of the acts herein enumerated. Acts punishable under this Article, when committed by a
syndicate or where it involves two (2) or more children shall be considered as an offense
constituting child trafficking and shall merit the penalty of reclusion perpetua.
138. Acts punishable under this Article are deemed committed by a syndicate if carried
out by a group of three (3) or more persons conspiring and/or confederating with one another
in carrying out any of the unlawful acts defined under this Article. Penalties as are herein
provided, shall be in addition to any other penalties which may be imposed for the same acts
punishable under other laws, ordinances, executive orders, and proclamations.
139. When the offender is an alien, he/she shall be deported immediately after service of
sentence and perpetually excluded from entry to the country.
140. Any government official, employee or functionary who shall be found guilty of
violating any of the provisions of this Act, or who shall conspire with private individuals shall,
in addition to the 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 government official, employee, or functionary concerned shall
automatically suffer suspension until the resolution of the case.
141. Section 22. Rectification of Simulated Births. A person who has, prior to the
effectivity of this 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 interest of the child and that
he/she has been consistently considered and treated by that person as his/her own
son/daughter: Provided, further, That the application for correction of the birth registration
and petition for adoption shall be filed within five (5) years from the effectivity of this Act and
completed thereafter: Provided, finally, That such person complies with the procedure as
specified in Article IV of this Act and other requirements as determined by the Department.
142. ARTICLE VIII
FINAL PROVISIONS
143. Section 23. Adoption Resource and Referral Office. There shall be established
an Adoption Resources and Referral Office under the Department with the following
functions: (a) monitor the existence, number, and flow of children legally available for
adoption and prospective adopter(s) so as to facilitate their matching; (b) maintain a
nationwide information and educational campaign on domestic adoption; (c) keep records of
adoption proceedings; (d) generate resources to help child-caring and child-placing agencies
and foster homes maintain viability; and (e) do policy research in collaboration with the
Intercountry Adoption Board and other concerned agencies. The office shall be manned by
adoption experts from the public and private sectors.
144. Section 24. Implementing Rules and Regulations. Within six (6) months from
the promulgation of this Act, the Department, with the Council for the Welfare of Children, the
Office of Civil Registry General, the Department of Justice, Office of the Solicitor General,
and two (2) private individuals representing child-placing and child-caring agencies shall
formulate the necessary guidelines to make the provisions of this Act operative.
145. Section 25. Appropriations. Such sum as may be necessary for the
implementation of the provisions of this Act shall be included in the General Appropriations
Act of the year following its enactment into law and thereafter.
146. Section 26. Repealing Clause. Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation contrary to, or
inconsistent with the provisions of this Act is hereby repealed, modified, or amended
accordingly.
147. Section 27. Separability Clause. If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
148. Section 28. Effectivity Clause. This Act shall take effect fifteen (15) days
following its complete publication in any newspaper of general circulation or in the Official
Gazette.
149. Approved: February 25, 1998
DSWD: LGBT has equal rights to adopt | SunStar Skip to main content SunStar BAGUIO
Mon, September 25, 2017 HOME LOCAL NEWS BUSINESS OPINION SPORTS
FEATURE LIFESTYLE ENTERTAINMENT HOME / BAGUIO / LOCAL NEWS / DSWD:
LGBT HAS EQUAL RIGHTS TO ADOPT Time to read less than 1 minute Share 2 0 Print a-
a+ Read so far DSWD: LGBT has equal rights to adopt Thursday, February 18, 2016 By
DANICA GUIEB MEMBERS of the lesbian, gay, bisexual, and transgender (LGBT)
community can adopt children too according to the Department of Social Welfare and
Development-Cordillera. Edelyn Genove, focal person on adoption and foster care said
members of the LGBT community have equal rights in legally adopting a child. We give
equal rights to members of the LGBT community because they too have rights to be
parents, Genove told Sun*Star Baguio. If a member of the LGBT community applies for
adoption, he or she will be identified as single parent. As to the status of the LGBT
adoptive parents, they will be identified as single, Genove added. Genove said the
applicant will also have to undergo evaluation and if they pass, the applicant will be allowed
to adopt. If they have partners it has to be a mutual decision to adopt, Genove stated.
Requirements for adoption among singles are birth certificate, character reference,
certificate of employment, certificates to prove their income and psychological evaluation,
National Bureau of Investigation and barangay clearance and health certificate. For married
and with children, applicants must include their marriage certificate and affidavit of consent
from their child/children. Ads by Kiosked Published in the Sun.Star Baguio newspaper on
February 19, 2016. Latest issues of SunStar Baguio also available on your mobile phones,
laptops, and tablets. Subscribe to our digital editions at epaper.sunstar.com.ph and get a
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Adoption in The Philippines

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ADOPTION IN THE PHILIPPINES: A

The Applicable laws

Adoption Act of 1998.

Who can adopt and be adopted

Possesses full civil capacity and legal rights.

Emotionally and psychologically capable of caring for children.

His / her country has diplomatic relations with the Philippines.

The legitimate son or daughter of one spouse by the other spouse;

A child whose adoption has been previously rescinded;

If the spouses are legally separated from each other.

Supervised trial custody

The following should give consent to the adoption:

1. The adoptee, if ten (10) years of age or over;

5. The spouse, if any, of the adopter or adoptee.

The petition should accompany the following documents:

2. Affidavit of consent of those required to give consent

3. Child study report on the adoptee and his biological parents;

Procedure in initiating the petition

(2) the purpose of the petition;

Order of proceedings according to the Adoption Rules

1. State the name by which the child is to be known and registered;

LEGAL ISSUES ON INTERNATIONAL CHILD ABDUCTION

Procedures for agency adoption[edit]

Counseling of biological parents[edit]

Counseling for prospective adoptive parents[edit]

Counseling of the adoptee[edit]

Matching process or family selection[edit]

Filing a petition for adoption[edit]

Governing bodies for agency adoption[edit]

1. Regular adoption (4,075)

New Civil Code[edit]

Presidential Decree No. 603[edit]

Domestic Adoption Act of 1998[edit]

Republic Act 9523[edit]

Foster Care Act of 2012[edit]

Eligibility and requirements[edit]

Joint adoption applications[edit]

Inter-country Adoption Act of 1995[edit]

Inter-Country Adoption Board[edit]

Guidelines for child adoptability[23][edit]

1. Child must be below 15 years of age

According to the ICAB, marital requirements also apply[26]

Minimum length of marriage requirement for ICA applicants is 3 years;

Additional requirements set by the ICAB include

Educational requirements: must have at least a high school diploma

Supporting laws and conventions[56][edit]

E.O. 209 (Family Code)

Facts and figures[edit]

Number of Children Served Through Child Placement Policies

NCR 13 7 6 7 3 4 4 1 3 290 145 145

II 119 68 51 60 19 41 59 38 21 172 55 117

IX 42 24 18 29 16 13 10 6 4 600 265 335

XII 227 124 103 17 8 9 15 8 7 40 14 26

CDCLAA: Certification Declaring a Child Legally Available for Adoption

PAPA: Pre-Adoption Placement Authority

ACA: Affidavit of Consent to Adoption

Highest Region XII (33.04%)

2nd Highest Region II (17.32%)

Lowest Region VII (0.87%)

Issued with PAPA:

Highest Region XII (33.04%)

2nd Highest Region II (17.32%)

Lowest Region VII (0.87%)