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Republic Act No.

8552 February 25, 1998 Internationally; and the Hague Convention on the Protection of
Children and Cooperation in Respect of Intercountry Adoption.
AN ACT ESTABLISHING THE RULES AND POLICIES ON Toward this end, the State shall provide alternative protection and
THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND assistance through foster care or adoption for every child who is
FOR OTHER PURPOSES neglected, orphaned, or abandoned.

(c) It shall also be a State policy to:

ARTICLE I (i) Safeguard the biological parent(s) from making hurried decisions
GENERAL PROVISIONS to relinquish his/her parental authority over his/her child;

(ii) Prevent the child from unnecessary separation from his/her


biological parent(s);
Section 1. Short Title. This Act shall be known as the "Domestic
Adoption Act of 1998." (iii) Protect adoptive parent(s) from attempts to disturb his/her
parental authority and custody over his/her adopted child.

Any voluntary or involuntary termination of parental authority shall


Section 2. Declaration of Policies. be administratively or judicially declared so as to establish the status
of the child as "legally available for adoption" and his/her custody
(a) It is hereby declared the policy of the State to ensure that every transferred to the Department of Social Welfare and Development or
child remains under the care and custody of his/her parent(s) and be to any duly licensed and accredited child-placing or child-caring
provided with love, care, understanding and security towards the full agency, which entity shall be authorized to take steps for the
and harmonious development of his/her personality. Only when such permanent placement of the child;
efforts prove insufficient and no appropriate placement or adoption
within the child's extended family is available shall adoption by an (iv) Conduct public information and educational campaigns to
unrelated person be considered. promote a positive environment for adoption;

(b) In all matters relating to the care, custody and adoption of a child, (v) Ensure that sufficient capacity exists within government and
his/her interest shall be the paramount consideration in accordance private sector agencies to handle adoption inquiries, process
with the tenets set forth in the United Nations (UN) Convention on domestic adoption applications, and offer adoption-related services
the Rights of the Child; UN Declaration on Social and Legal including, but not limited to, parent preparation and post-adoption
Principles Relating to the Protection and Welfare of Children with education and counseling; and
Special Reference to Foster Placement and Adoption, Nationally and
(vi) Encourage domestic adoption so as to preserve the child's (g) "Department" refers to the Department of Social Welfare and
identity and culture in his/her native land, and only when this is not Development.
available shall intercountry adoption be considered as a last resort.
(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,
Section 3. Definition of Terms. For purposes of this Act, the evaluating the prospective adoptive parents, and preparing the
following terms shall be defined as: adoption home study.

(a) "Child" is a person below eighteen (18) years of age. (i) "Child-caring agency" is a duly licensed and accredited agency by
the Department that provides twenty four (24)-hour residential care
(b) "A child legally available for adoption" refers to a child who has services for abandoned, orphaned, neglected, or voluntarily
been voluntarily or involuntarily committed to the Department or to a committed children.
duly licensed and accredited child-placing or child-caring agency,
freed of the parental authority of his/her biological parent(s) or (j) "Simulation of birth" is the tampering of the civil registry making
guardian or adopter(s) in case of rescission of adoption. 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
(c) "Voluntarily committed child" is one whose parent(s) knowingly his/her true identity and status.
and willingly relinquishes parental authority to the Department.
ARTICLE II
(d) "Involuntarily committed child" is one whose parent(s), known or PRE-ADOPTION SERVICES
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. Section 4. Counseling Service. The Department shall provide the
services of licensed social workers to the following:
(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 (a) Biological Parent(s) Counseling shall be provided to the
of at least six (6) continuous months and has been judicially declared parent(s) before and after the birth of his/her child. No binding
as such. 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
(f) "Supervised trial custody" is a period of time within which a biological parent(s) to reconsider any decision to relinquish his/her
social worker oversees the adjustment and emotional readiness of child for adoption before the decision becomes irrevocable.
both adopter(s) and adoptee in stabilizing their filial relationship. Counseling and rehabilitation services shall also be offered to the
biological parent(s) after he/she has relinquished his/her child for
adoption.
Steps shall be taken by the Department to ensure that no hurried (a) Any Filipino citizen of legal age, in possession of full civil
decisions are made and all alternatives for the child's future and the capacity and legal rights, of good moral character, has not been
implications of each alternative have been provided. convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least sixteen (16)
(b) Prospective Adoptive Parent(s) Counseling sessions, adoption years older than the adoptee, and who is in a position to support and
fora and seminars, among others, shall be provided to prospective care for his/her children in keeping with the means of the family. The
adoptive parent(s) to resolve possible adoption issues and to prepare requirement of sixteen (16) year difference between the age of the
him/her for effective parenting. adopter and adoptee may be waived when the adopter is the
biological parent of the adoptee, or is the spouse of the adoptee's
(c) Prospective Adoptee Counseling sessions shall be provided to parent;
ensure that he/she understands the nature and effects of adoption and
is able to express his/her views on adoption in accordance with (b) Any alien possessing the same qualifications as above stated for
his/her age and level of maturity. Filipino nationals: Provided, That his/her country has diplomatic
relations with the Republic of the Philippines, that he/she has been
Section 5. Location of Unknown Parent(s). It shall be the duty of living in the Philippines for at least three (3) continuous years prior
the Department or the child-placing or child-caring agency which has to the filing of the application for adoption and maintains such
custody of the child to exert all efforts to locate his/her unknown residence until the adoption decree is entered, that he/she has been
biological parent(s). If such efforts fail, the child shall be registered certified by his/her diplomatic or consular office or any appropriate
as a foundling and subsequently be the subject of legal proceedings government agency that he/she has the legal capacity to adopt in
where he/she shall be declared abandoned. 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
Section 6. Support Services. The Department shall develop a pre- following:
adoption program which shall include, among others, the above
mentioned services. (i) a former Filipino citizen who seeks to adopt a relative within the
fourth (4th) degree of consanguinity or affinity; or

(ii) one who seeks to adopt the legitimate son/daughter of his/her


ARTICLE III Filipino spouse; or
ELIGIBILITY
(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
Section 7. Who May Adopt. The following may adopt:
(c) The guardian with respect to the ward after the termination of the (f) A child whose biological or adoptive parent(s) has
guardianship and clearance of his/her financial accountabilities. died: Provided, That no proceedings shall be initiated within six (6)
months from the time of death of said parent(s).
Husband and wife shall jointly adopt, except in the following cases:
Section 9. Whose Consent is Necessary to the Adoption. After
(i) if one spouse seeks to adopt the legitimate son/daughter of the being properly counseled and informed of his/her right to give or
other; or withhold his/her approval of the adoption, the written consent of the
following to the adoption is hereby required:
(ii) if one spouse seeks to adopt his/her own illegitimate
son/daughter: Provided, However, that the other spouse has signified (a) The adoptee, if ten (10) years of age or over;
his/her consent thereto; or
(b) The biological parent(s) of the child, if known, or the legal
(iii) if the spouses are legally separated from each other. guardian, or the proper government instrumentality which has legal
custody of the child;
In case husband and wife jointly adopt, or one spouse adopts the
illegitimate son/daughter of the other, joint parental authority shall be (c) The legitimate and adopted sons/daughters, ten (10) years of age
exercised by the spouses. or over, of the adopter(s) and adoptee, if any;

(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;
Section 8. Who May Be Adopted. The following may be adopted: and

(a) Any person below eighteen (18) years of age who has been (e) The spouse, if any, of the person adopting or to be adopted.
administratively or judicially declared available for adoption;

(b) The legitimate son/daughter of one spouse by the other spouse;


ARTICLE IV
(c) An illegitimate son/daughter by a qualified adopter to improve PROCEDURE
his/her status to that of legitimacy;

(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 Section 10. Hurried Decisions. In all proceedings for adoption, the
own child since minority; court shall require proof that the biological parent(s) has been
properly counseled to prevent him/her from making hurried decisions
(e) A child whose adoption has been previously rescinded; or 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 Section 12. Supervised Trial Custody. No petition for adoption
prolonged stay of the child in his/her own home will be inimical to shall be finally granted until the adopter(s) has been given by the
his/her welfare and interest. 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
Section 11. Case Study. No petition for adoption shall be set for the adopter(s).
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 The court may motu proprio or upon motion of any party reduce the
report and recommendations on the matter to the court hearing such trial period if it finds the same to be in the best interest of the
petition. 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).

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 If the child is below seven (7) years of age and is placed with the
not registered with the Civil Registry, it shall be the responsibility of prospective adopter(s) through a pre-adoption placement authority
the concerned social worker to ensure that the adoptee is registered. issued by the Department, the prospective adopter(s) shall enjoy all
the benefits to which biological parent(s) is entitled from the date the
The case study on the adoptee shall establish that he/she is legally adoptee is placed with the prospective adopter(s).
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. Section 13. Decree of Adoption. If, after the publication of the
order of hearing has been complied with, and no opposition has been
The Department shall intervene on behalf of the adoptee if it finds, interposed to the petition, and after consideration of the case studies,
after the conduct of the case studies, that the petition should be the qualifications of the adopter(s), trial custody report and the
denied. The case studies and other relevant documents and records evidence submitted, the court is convinced that the petitioners are
pertaining to the adoptee and the adoption shall be preserved by the qualified to adopt, and that the adoption would redound to the best
Department. 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 Section 16. Parental Authority. Except in cases where the
known. biological parent is the spouse of the adopter, all legal ties between
the biological parent(s) and the adoptee shall be severed and the
Section 14. Civil Registry Record. An amended certificate of birth same shall then be vested on the adopter(s).
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 Section 17. Legitimacy. The adoptee shall be considered the
of the issuance of an amended birth certificate in its place and shall legitimate son/daughter of the adopter(s) for all intents and purposes
be sealed in the civil registry records. The new birth certificate to be and as such is entitled to all the rights and obligations provided by
issued to the adoptee shall not bear any notation that it is an amended law to legitimate sons/daughters born to them without discrimination
issue. of any kind. To this end, the adoptee is entitled to love, guidance, and
support in keeping with the means of the family.

Section 18. Succession. In legal and intestate succession, the


Section 15. Confidential Nature of Proceedings and Records. All adopter(s) and the adoptee shall have reciprocal rights of succession
hearings in adoption cases shall be confidential and shall not be open without distinction from legitimate filiation. However, if the adoptee
to the public. All records, books, and papers relating to the adoption and his/her biological parent(s) had left a will, the law on
cases in the files of the court, the Department, or any other agency or testamentary succession shall govern.
institution participating in the adoption proceedings shall be kept
strictly confidential.

ARTICLE VI
RESCISSION OF ADOPTION
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 Section 19. Grounds for Rescission of Adoption. Upon petition of
purposes for which it may be used. 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
ARTICLE V and verbal maltreatment by the adopter(s) despite having undergone
EFFECTS OF ADOPTION counseling; (b) attempt on the life of the adoptee; (c) sexual assault
or violence; or (d) abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child, shall not be subject (i) obtaining consent for an adoption through coercion, undue
to rescission by the adopter(s). However, the adopter(s) may influence, fraud, improper material inducement, or other similar acts;
disinherit the adoptee for causes provided in Article 919 of the Civil
Code. (ii) non-compliance with the procedures and safeguards provided by
the law for adoption; or

(iii) subjecting or exposing the child to be adopted to danger, abuse,


Section 20. Effects of Rescission. If the petition is granted, the or exploitation.
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 (b) Any person who shall cause the fictitious registration of the birth
still a minor or incapacitated. The reciprocal rights and obligations of of a child under the name(s) of a person(s) who is not his/her
the adopter(s) and the adoptee to each other shall be extinguished. 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
The court shall order the Civil Registrar to cancel the amended exceeding Fifty thousand pesos (P50,000.00).
certificate of birth of the adoptee and restore his/her original birth
certificate. Any physician or nurse or hospital personnel who, in violation of
his/her oath of office, shall cooperate in the execution of the
Succession rights shall revert to its status prior to adoption, but only abovementioned crime shall suffer the penalties herein prescribed
as of the date of judgment of judicial rescission. Vested rights and also the penalty of permanent disqualification.
acquired prior to judicial rescission shall be respected.
Any person who shall violate established regulations relating to the
All the foregoing effects of rescission of adoption shall be without confidentiality and integrity of records, documents, and
prejudice to the penalties imposable under the Penal Code if the communications of adoption applications, cases, and processes shall
criminal acts are properly proven. 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
ARTICLE VII pesos (P5,000.00) but not more than Ten thousand pesos
VIOLATIONS AND PENALTIES (P10,000.00), at the discretion of the court.

A penalty lower by two (2) degrees than that prescribed for the
consummated offense under this Article shall be imposed upon the
Section 21. Violations and Penalties. (a) The penalty of principals of the attempt to commit any of the acts herein
imprisonment ranging from six (6) years and one (1) day to twelve enumerated. Acts punishable under this Article, when committed by
(12) years and/or a fine not less than Fifty thousand pesos a syndicate or where it involves two (2) or more children shall be
(P50,000.00), but not more than Two hundred thousand pesos considered as an offense constituting child trafficking and shall merit
(P200,000.00) at the discretion of the court shall be imposed on any the penalty of reclusion perpetua.
person who shall commit any of the following acts:
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 Section 23. Adoption Resource and Referral Office. There shall
of the unlawful acts defined under this Article. Penalties as are herein be established an Adoption Resources and Referral Office under the
provided, shall be in addition to any other penalties which may be Department with the following functions: (a) monitor the existence,
imposed for the same acts punishable under other laws, ordinances, number, and flow of children legally available for adoption and
executive orders, and proclamations. prospective adopter(s) so as to facilitate their matching; (b) maintain
a nationwide information and educational campaign on domestic
When the offender is an alien, he/she shall be deported immediately adoption; (c) keep records of adoption proceedings; (d) generate
after service of sentence and perpetually excluded from entry to the resources to help child-caring and child-placing agencies and foster
country. homes maintain viability; and (e) do policy research in collaboration
with the Intercountry Adoption Board and other concerned agencies.
Any government official, employee or functionary who shall be The office shall be manned by adoption experts from the public and
found guilty of violating any of the provisions of this Act, or who private sectors.
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, Section 24. Implementing Rules and Regulations. Within six (6)
employee, or functionary concerned shall automatically suffer months from the promulgation of this Act, the Department, with the
suspension until the resolution of the case. Council for the Welfare of Children, the Office of Civil Registry
General, the Department of Justice, Office of the Solicitor General,
Section 22. Rectification of Simulated Births. A person who has, and two (2) private individuals representing child-placing and child-
prior to the effectivity of this Act, simulated the birth of a child shall caring agencies shall formulate the necessary guidelines to make the
not be punished for such act: Provided, That the simulation of birth provisions of this Act operative.
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 Section 25. Appropriations. Such sum as may be necessary for the
five (5) years from the effectivity of this Act and completed implementation of the provisions of this Act shall be included in the
thereafter: Provided, finally, That such person complies with the General Appropriations Act of the year following its enactment into
procedure as specified in Article IV of this Act and other law and thereafter.
requirements as determined by the Department.

ARTICLE VIII
FINAL PROVISIONS 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.

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.

Section 28. Effectivity Clause. This Act shall take effect fifteen RULE ON ADOPTION
(15) days following its complete publication in any newspaper of
general circulation or in the Official Gazette.

A. DOMESTIC ADOPTION

Approved: February 25, 1998

Section 1. Applicability of the Rule. This Rule covers the domestic


adoption of Filipino children.

Section 2. Objectives. (a) The best interests of the child shall be the
paramount consideration in all matters relating to his care, custody
and adoption, in accordance with Philippine laws, 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 Inter-country
Adoption.
(b) The State shall provide alternative protection and assistance of the child as legally available for adoption and his custody
through foster care or adoption for every child who is a foundling, transferred to the Department of Social Welfare and Development or
neglected, orphaned, or abandoned. To this end, the State shall: to any duly licensed and accredited child-placing or child-caring
agency, which entity shall be authorized to take steps for the
(i) ensure that every child remains under the care and custody of his permanent placement of the child.
parents and is provided with love, care, understanding and security
for the full and harmonious development of his personality. Only Section 3. Definition of Terms. For purposes of this Rule:
when such efforts prove insufficient and no appropriate placement or
adoption within the childs extended family is available shall (a) Child is a person below eighteen (18) years of age at the time
adoption by an unrelated person be considered. of the filing of the petition for adoption.

(ii) safeguard the biological parents from making hasty decisions in (b) A child legally available for adoption refers to a child who has
relinquishing their parental authority over their child; been voluntarily or involuntarily committed to the Department or to a
duly licensed and accredited child-placing or child-caring agency,
(iii) prevent the child from unnecessary separation from his freed of the parental authority of his biological parents, or in case of
biological parents; rescission of adoption, his guardian or adopter(s).

(iv) conduct public information and educational campaigns to (c) Voluntarily committed child is one whose parents knowingly
promote a positive environment for adoption; and willingly relinquish parental authority over him in favor of the
Department.
(v) ensure that government and private sector agencies have the
capacity to handle adoption inquiries, process domestic adoption (d) Involuntarily committed child is one whose parents, known or
applications and offer adoption-related services including, but not unknown, have been permanently and judicially deprived of parental
limited to, parent preparation and post-adoption education and authority over him due to abandonment; substantial, continuous or
counseling; repeated neglect and abuse; or incompetence to discharge parental
responsibilities.
(vi) encourage domestic adoption so as to preserve the childs
identity and culture in his native land, and only when this is not (e) Foundling refers to a deserted or abandoned infant or child
available shall inter-country adoption be considered as a last resort; whose parents, guardian or relatives are unknown; or a child
and committed to an orphanage or charitable or similar institution with
unknown facts of birth and parentage and registered in the Civil
(vii) protect adoptive parents from attempts to disturb their parental Register as a foundling.
authority and custody over their adopted child.
(f) Abandoned child refers to one who has no proper parental care
Any voluntary or involuntary termination of parental authority shall or guardianship or whose parents have deserted him for a period of at
be administratively or judicially declared so as to establish the status
least six (6) continuous months and has been judicially declared as (n) Deed of Voluntary Commitment refers to the written and
such. notarized instrument relinquishing parental authority and committing
the child to the care and custody of the Department executed by the
(g) Dependent child refers to one who is without a parent, guardian childs biological parents or in their absence, mental incapacity or
or custodian or one whose parents, guardian or other custodian for death, by the childs legal guardian, to be witnessed by an authorized
good cause desires to be relieved of his care and custody and is representative of the Department after counseling and other services
dependent upon the public for support. have been made available to encourage the biological parents to keep
the child.
(h) Neglected child is one whose basic needs have been
deliberately not attended to or inadequately attended to, physically or (o) Child Study Report refers to a study made by the court social
emotionally, by his parents or guardian. worker of the childs legal status, placement history, psychological,
social, spiritual, medical, ethno-cultural background and that of his
(i) Physical neglect occurs when the child is malnourished, ill-clad biological family needed in determining the most appropriate
and without proper shelter. placement for him.

(j) Emotional neglect exists when a child is raped, seduced, (p) Home Study Report refers to a study made by the court social
maltreated, exploited, overworked or made to work under conditions worker of the motivation and capacity of the prospective adoptive
not conducive to good health or made to beg in the streets or public parents to provide a home that meets the needs of a child.
places, or placed in moral danger, or exposed to drugs, alcohol,
gambling, prostitution and other vices. (q) Supervised trial custody refers to the period of time during
which a social worker oversees the adjustment and emotional
(k) Child-placement agency refers to an agency duly licensed and readiness of both adopters and adoptee in stabilizing their filial
accredited by the Department to provide comprehensive child relationship.
welfare services including, but not limited to, receiving applications
for adoption, evaluating the prospective adoptive parents and (r) Licensed Social Worker refers to one who possesses a degree in
preparing the adoption home study report. bachelor of science in social work as a minimum educational
requirement and who has passed the government licensure
(l) Child-caring agency refers to an agency duly licensed and examination for social workers as required by Republic Act No.
accredited by the Department that provides 24-hour residential care 4373.
services for abandoned, orphaned, neglected or voluntarily
committed children. (s) Simulation of birth is the tampering of the civil registry to make
it appear in the birth records that a certain child was born to a person
(m) Department refers to the Department of Social Welfare and who is not his biological mother, thus causing such child to lose his
Development. true identity and status.
(t) Biological Parents refer to the childs mother and father by relations with the Republic of the Philippines, that he has been living
nature. in the Philippines for at least three (3) continuous years prior to the
filing of the petition for adoption and maintains such residence until
(u) Pre-Adoption Services refer to psycho-social services provided the adoption decree is entered, that he has been certified by his
by professionally-trained social workers of the Department, the diplomatic or consular office or any appropriate government agency
social services units of local governments, private and government to have the legal capacity to adopt in his country, and that his
health facilities, Family Courts, licensed and accredited child-caring government allows the adoptee to enter his country as his adopted
and child-placement agencies and other individuals or entities child. Provided, further, That the requirements on residency and
involved in adoption as authorized by the Department. certification of the aliens qualification to adopt in his country may
be waived for the following:
(v) Residence means a persons actual stay in the Philippines for
three (3) continuous years immediately prior to the filing of a (i) a former Filipino citizen who seeks to adopt a relative within the
petition for adoption and which is maintained until the adoption fourth (4th) degree of consanguinity or affinity; or
decree is entered. Temporary absences for professional, business,
health, or emergency reasons not exceeding sixty (60) days in one (1) (ii) one who seeks to adopt the legitimate child of his Filipino
year does not break the continuity requirement. spouse; or

(w) Alien refers to any person, not a Filipino citizen, who enters (iii) one who is married to a Filipino citizen and seeks to adopt
and remains in the Philippines and is in possession of a valid jointly with his spouse a relative within the fourth (4th) degree of
passport or travel documents and visa. consanguinity or affinity of the Filipino spouse.

Section 4. Who may adopt. The following may adopt: (3) The guardian with respect to the ward after the termination of the
guardianship and clearance of his financial accountabilities.
(1) Any Filipino citizen of legal age, in possession of full civil
capacity and legal rights, of good moral character, has not been Husband and wife shall jointly adopt, except in the following cases:
convicted of any crime involving moral turpitude; who is
emotionally and psychologically capable of caring for children, at (i) if one spouse seeks to adopt the legitimate child of one spouse by
least sixteen (16) years older than the adoptee, and who is in a the other spouse; or
position to support and care for his children in keeping with the
means of the family. The requirement of a 16-year difference (ii) if one spouse seeks to adopt his own illegitimate child: Provided,
between the age of the adopter and adoptee may be waived when the however, That the other spouse has signified his consent thereto; or
adopter is the biological parent of the adoptee or is the spouse of the
adoptees parent; (iii) if the spouses are legally separated from each other.

(2) Any alien possessing the same qualifications as above-stated for


Filipino nationals: Provided, That his country has diplomatic
In case husband and wife jointly adopt or one spouse adopts the whether the petition contains an application for change of name,
illegitimate child of the other, joint parental authority shall be rectification of simulated birth, voluntary or involuntary commitment
exercised by the spouses. of children, or declaration of child as abandoned, dependent or
neglected.
Section 5. Who may be adopted. The following may be adopted:
1) If the adopter is a Filipino citizen, the petition shall allege the
(1) Any person below eighteen (18) years of age who has been following:
voluntarily committed to the Department under Articles 154, 155 and
156 of P.D. No. 603 or judicially declared available for adoption; (a) The jurisdictional facts;

(2) The legitimate child of one spouse, by the other spouse; (b) That the petitioner is of legal age, in possession of full civil
capacity and legal rights; is of good moral character; has not been
(3) An illegitimate child, by a qualified adopter to raise the status of convicted of any crime involving moral turpitude; is emotionally and
the former to that of legitimacy; psychologically capable of caring for children; is at least sixteen (16)
years older than the adoptee, unless the adopter is the biological
(4) A person of legal age regardless of civil status, if, prior to the parent of the adoptee or is the spouse of the adoptees parent; and is
adoption, said person has been consistently considered and treated by in a position to support and care for his children in keeping with the
the adopters as their own child since minority; means of the family and has undergone pre-adoption services as
required by Section 4 of Republic Act No. 8552.
(5) A child whose adoption has been previously rescinded; or
2) If the adopter is an alien, the petition shall allege the following:
(6) A child whose biological or adoptive parents have died: Provided,
That no proceedings shall be initiated within six (6) months from the (a) The jurisdictional facts;
time of death of said parents.
(b) Sub-paragraph 1(b) above;
(7) A child not otherwise disqualified by law or these rules.
(c) That his country has diplomatic relations with the Republic of the
Section 6. Venue. The petition for adoption shall be filed with the Philippines;
Family Court of the province or city where the prospective adoptive
parents reside. (d) That he has been certified by his diplomatic or consular office or
any appropriate government agency to have the legal capacity to
adopt in his country and his government allows the adoptee to enter
his country as his adopted child and reside there permanently as an
Section 7. Contents of the Petition. The petition shall be verified adopted child; and
and specifically state at the heading of the initiatory pleading
(e) That he has been living in the Philippines for at least three (3) 6) If the petition prays for a change of name, it shall also state the
continuous years prior to the filing of the petition and he maintains cause or reason for the change of name.
such residence until the adoption decree is entered.
In all petitions, it shall be alleged:
The requirements of certification of the aliens qualification to adopt
in his country and of residency may be waived if the alien: (a) The first name, surname or names, age and residence of the
adoptee as shown by his record of birth, baptismal or foundling
(i) is a former Filipino citizen who seeks to adopt a relative within certificate and school records.
the fourth degree of consanguinity or affinity; or
(b) That the adoptee is not disqualified by law to be adopted.
(ii) seeks to adopt the legitimate child of his Filipino spouse; or
(c) The probable value and character of the estate of the adoptee.
(iii) is married to a Filipino citizen and seeks to adopt jointly with his
spouse a relative within the fourth degree of consanguinity or affinity (d) The first name, surname or names by which the adoptee is to be
of the Filipino spouse. known and registered in the Civil Registry.

3) If the adopter is the legal guardian of the adoptee, the petition A certification of non-forum shopping shall be included pursuant to
shall allege that guardianship had been terminated and the guardian Section 5, Rule 7 of the 1997 Rules of Civil Procedure.
had cleared his financial accountabilities.
Section 8. Rectification of Simulated Birth. In case the petition also
4) If the adopter is married, the spouse shall be a co-petitioner for seeks rectification of a simulated of birth, it shall allege that:
joint adoption except if:
(a) Petitioner is applying for rectification of a simulated birth;
(a) one spouse seeks to adopt the legitimate child of the other, or
(b) The simulation of birth was made prior to the date of effectivity
(b) if one spouse seeks to adopt his own illegitimate child and the of Republic Act No. 8552 and the application for rectification of the
other spouse signified written consent thereto, or birth registration and the petition for adoption were filed within five
years from said date;
(c) if the spouses are legally separated from each other.
(c) The petitioner made the simulation of birth for the best interests
5) If the adoptee is a foundling, the petition shall allege the entries of the adoptee; and
which should appear in his birth certificate, such as name of child,
date of birth, place of birth, if known; sex, name and citizenship of (d) The adoptee has been consistently considered and treated by
adoptive mother and father, and the date and place of their marriage. petitioner as his own child.
Section 9. Adoption of a foundling, an abandoned, dependent or 2. The biological parents of the child, if known, or the legal guardian,
neglected child. In case the adoptee is a foundling, an abandoned, or the child-placement agency, child-caring agency, or the proper
dependent or neglected child, the petition shall allege: government instrumentality which has legal custody of the child;

(a) The facts showing that the child is a foundling, abandoned, 3. The legitimate and adopted children of the adopter and of the
dependent or neglected; adoptee, if any, who are ten (10) years of age or over;

(b) The names of the parents, if known, and their residence. If the 4. The illegitimate children of the adopter living with him who are
child has no known or living parents, then the name and residence of ten (10) years of age or over; and
the guardian, if any;
5. The spouse, if any, of the adopter or adoptee.
(c) The name of the duly licensed child-placement agency or
individual under whose care the child is in custody; and C. Child study report on the adoptee and his biological parents;

(d) That the Department, child-placement or child-caring agency is D. If the petitioner is an alien, certification by his diplomatic or
authorized to give its consent. consular office or any appropriate government agency that he has the
legal capacity to adopt in his country and that his government allows
Section 10. Change of name. In case the petition also prays for the adoptee to enter his country as his own adopted child unless
change of name, the title or caption must contain: exempted under Section 4(2);

(a) The registered name of the child; E. 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
(b) Aliases or other names by which the child has been known; and foreign adoption agency duly accredited by the Inter-Country
Adoption Board; and
(c) The full name by which the child is to be known.
F. Decree of annulment, nullity or legal separation of the adopter as
Section 11. Annexes to the Petition. The following documents shall well as that of the biological parents of the adoptee, if any.
be attached to the petition:
Section 12. Order of Hearing. If the petition and attachments are
A. Birth, baptismal or foundling certificate, as the case may be, and sufficient in form and substance, the court shall issue an order which
school records showing the name, age and residence of the adoptee; shall contain the following:

B. Affidavit of consent of 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
1. The adoptee, if ten (10) years of age or over; the caption;
(2) the purpose of the petition; Section 13. Child and Home Study Reports. In preparing the child
study report on the adoptee, the concerned social worker shall verify
(3) the complete name which the adoptee will use if the petition is with the Civil Registry the real identity and registered name of the
granted; adoptee. If the birth of the adoptee was not registered with the Civil
Registry, it shall be the responsibility of the social worker to register
(4) the date and place of hearing which shall be set within six (6) the adoptee and secure a certificate of foundling or late registration,
months from the date of the issuance of the order and shall direct that as the case may be.
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 The social worker shall establish that the child is legally available for
for hearing shall not be within four (4) months after the last adoption and the documents in support thereof are valid and
publication of the notice nor within thirty (30) days prior to an authentic, that the adopter has sincere intentions and that the
election. adoption shall inure to the best interests of the child.

The newspaper shall be selected by raffle under the supervision of


the Executive Judge.
In case the adopter is an alien, the home study report must show the
(5) a directive to the social worker of the court, the social service legal capacity to adopt and that his government allows the adoptee to
office of the local government unit or any child-placing or child- enter his country as his adopted child in the absence of the
caring agency, or the Department to prepare and submit child and certification required under Section 7(b) of Republic Act No. 8552.
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 If after the conduct of the case studies, the social worker finds that
of the latter; and there are grounds to deny the petition, he shall make the proper
recommendation to the court, furnishing a copy thereof to the
(6) a directive to the social worker of the court to conduct counseling petitioner.
sessions with the biological parents on the matter of adoption of the
adoptee and submit her report before the date of hearing.

At the discretion of the court, copies of the order of hearing shall also Section 14. Hearing. Upon satisfactory proof that the order of
be furnished the Office of the Solicitor General through the hearing has been published and jurisdictional requirements have been
provincial or city prosecutor, the Department and the biological complied with, the court shall proceed to hear the petition. The
parents of the adoptee, if known. petitioner and the adoptee must personally appear and the former
must testify before the presiding judge of the court on the date set for
If a change in the name of the adoptee is prayed for in the petition, hearing.
notice to the Solicitor General shall be mandatory.
c) one who is married to a Filipino citizen and seeks to adopt jointly
with his or her spouse the latters relative within the fourth (4th)
The court shall verify from the social worker and determine whether degree of consanguinity or affinity.
the biological parent has been properly counseled against making
hasty decisions caused by strain or anxiety to give up the child; If the child is below seven (7) years of age and is placed with the
ensure that all measures to strengthen the family have been prospective adopter through a pre-adoption placement authority
exhausted; and ascertain if any prolonged stay of the child in his own issued by the Department, the court shall order that the prospective
home will be inimical to his welfare and interest. adopter shall enjoy all the benefits to which the biological parent is
entitled from the date the adoptee is placed with him.
Section 15. Supervised Trial Custody. Before issuance of the
decree of adoption, the court shall give the adopter trial custody of The social worker shall submit to the court a report on the result of
the adoptee for a period of at least six (6) months within which the the trial custody within two weeks after its termination.
parties are expected to adjust psychologically and emotionally to
each other and establish a bonding relationship. The trial custody
shall be monitored by the social worker of the court, the Department,
or the social service of the local government unit, or the child- Section 16. Decree of Adoption. If the supervised trial custody is
placement or child-caring agency which submitted and prepared the satisfactory to the parties and the court is convinced from the trial
case studies. During said period, temporary parental authority shall custody report and the evidence adduced that the adoption shall
be vested in the adopter. 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
The court may, motu proprio or upon motion of any party, reduce the petition was filed even if the petitioners die before its issuance.
period or exempt the parties if it finds that the same shall be for the
best interests of the adoptee, stating the reasons therefor.

The decree shall:

An alien adopter however must complete the 6-month trial custody A. State the name by which the child is to be known and registered;
except the following:
B. Order:
a) a former Filipino citizen who seeks to adopt a relative within the
fourth (4th) degree of consanguinity or affinity; or 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
b) one who seeks to adopt the legitimate child of his Filipino spouse; appeal;
or
2) the adopter to submit a certified true copy of the decree of Section 17. Book of Adoptions. The Clerk of Court shall keep a
adoption and the certificate of finality to the Civil Registrar where book of adoptions showing the date of issuance of the decree in each
the child was originally registered within thirty (30) days from case, compliance by the Civil Registrar with Section 16(B)(3) and all
receipt of the certificate of finality. In case of change of name, the incidents arising after the issuance of the decree.
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: Section 18. Confidential Nature of Proceedings and Records. All
hearings in adoption cases, after compliance with the jurisdictional
a. to annotate on the adoptees original certificate of birth the decree requirements shall be confidential and shall not be open to the public.
of adoption within thirty (30) days from receipt of the certificate of All records, books and papers relating to the adoption cases in the
finality; files of the court, the Department, or any other agency or institution
participating in the adoption proceedings shall be kept strictly
b. to issue a certificate of birth which shall not bear any notation that confidential.
it is a new or amended certificate and which shall show, among
others, the following: registry number, date of registration, name of If the court finds that the disclosure of the information to a third
child, sex, date of birth, place of birth, name and citizenship of person is necessary for security reasons or for purposes connected
adoptive mother and father, and the date and place of their marriage, with or arising out of the adoption and will be for the best interests of
when applicable; the adoptee, the court may, upon proper motion, order the necessary
information to be released, restricting the purposes for which it may
c. to seal the original certificate of birth in the civil registry records be used.
which can be opened only upon order of the court which issued the
decree of adoption; and

d. to submit to the court issuing the decree of adoption proof of Section 19. Rescission of Adoption of the Adoptee. The petition
compliance with all the foregoing within thirty days from receipt of shall be verified and filed by the adoptee who is over eighteen (18)
the decree. years of age, or with the assistance of the Department, if he is a
minor, or if he is over eighteen (18) years of age but is incapacitated,
If the adoptee is a foundling, the court shall order the Civil Registrar by his guardian or counsel.
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 adoption may be rescinded based on any of the following
grounds committed by the adopter:
1) repeated physical and verbal maltreatment by the adopter despite Section 23. Judgment. If the court finds that the allegations of the
having undergone counseling; petition are true, it shall render judgment ordering the rescission of
adoption, with or without costs, as justice requires.
2) attempt on the life of the adoptee;
The court shall order that the parental authority of the biological
3) sexual assault or violence; or parent of the adoptee, if known, or the legal custody of the
Department shall be restored if the adoptee is still a minor or
4) abandonment or failure to comply with parental obligations. incapacitated and declare that the reciprocal rights and obligations of
the adopter and the adoptee to each other shall be extinguished.
Adoption, being in the best interests of the child, shall not be subject
to rescission by the adopter. However, the adopter may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.
The court shall further declare that successional rights shall revert to
its status prior to adoption, as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial rescission shall be
Section 20. Venue. The petition shall be filed with the Family respected.
Court of the city or province where the adoptee resides.

It shall also order the adoptee to use the name stated in his original
Section 21. Time within which to file petition. The adoptee, if birth or foundling certificate.
incapacitated, must file the petition for rescission or revocation of
adoption within five (5) years after he reaches the age of majority, or The court shall further order the Civil Registrar where the adoption
if he was incompetent at the time of the adoption, within five (5) decree was registered to cancel the new birth certificate of the
years after recovery from such incompetency. adoptee and reinstate his original birth or foundling certificate.

Section 22. Order to Answer. The court shall issue an order Section 24. Service of Judgment. A certified true copy of the
requiring the adverse party to answer the petition within fifteen (15) judgment together with a certificate of finality issued by the Branch
days from receipt of a copy thereof. The order and copy of the Clerk of the Court which rendered the decision in accordance with
petition shall be served on the adverse party in such manner as the the preceding Section shall be served by the petitioner upon the Civil
court may direct. Registrar concerned within thirty (30) days from receipt of the
certificate of finality. The Civil Registrar shall forthwith enter the
rescission decree in the register and submit proof of compliance to
the court issuing the decree and the Clerk of Court within thirty (30) c) take all measures to ensure that the placement arising therefrom
days from receipt of the decree. does not result in improper financial gain for those involved.

Section 28. Where to File Petition. A verified petition to adopt a


Filipino child may be filed by a foreign national or Filipino citizen
The Clerk of Court shall enter the compliance in accordance with permanently residing abroad with the Family Court having
Section 17 hereof. jurisdiction over the place where the child resides or may be found.

Section 25. Repeal. - This supersedes Rule 99 on Adoption and Rule It may be filed directly with the Inter-Country Adoption Board.
100 of the Rules of Court.

Section 29. Who may be adopted. Only a child legally available for
domestic adoption may be the subject of inter-country adoption.

B. INTER-COUNTRY ADOPTION

Section 30. Contents of Petition. The petitioner must allege:

Section 26. Applicability. The following sections apply to inter- a) his age and the age of the child to be adopted, showing that he is at
country adoption of Filipino children by foreign nationals and least twenty-seven (27) years of age and at least sixteen (16) years
Filipino citizens permanently residing abroad. older than the child to be adopted at the time of application, unless
the petitioner is the parent by nature of the child to be adopted or the
spouse of such parent, in which case the age difference does not
apply;
Section 27. Objectives. The State shall:
b) if married, the name of the spouse who must be joined as co-
a) consider inter-country adoption as an alternative means of child petitioner except when the adoptee is a legitimate child of his spouse;
care, if the child cannot be placed in a foster or an adoptive family or
cannot, in any suitable manner, be cared for in the Philippines; c) that he has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws, and has
b) ensure that the child subject of inter-country adoption enjoys the undergone the appropriate counseling from an accredited counselor
same protection accorded to children in domestic adoption; and in his country;
d) that he has not been convicted of a crime involving moral d) Physical, medical and psychological evaluation of the petitioner
turpitude; certified by a duly licensed physician and psychologist;

e) that he is eligible to adopt under his national law; e) Income tax returns or any authentic document showing the current
financial capability of the petitioner;
f) that he can provide the proper care and support and instill the
necessary moral values and example to all his children, including the f) Police clearance of petitioner issued within six (6) months before
child to be adopted; the filing of the petitioner;

g) that he agrees to uphold the basic rights of the child, as embodied g) Character reference from the local church/minister, the petitioners
under Philippine laws and the U. N. Convention on the Rights of the employer and a member of the immediate community who have
Child, and to abide by the rules and regulations issued to implement known the petitioner for at least five (5) years;
the provisions of Republic Act No. 8043;
h) Full body postcard-size pictures of the petitioner and his
h) that he comes from a country with which the Philippines has immediate family taken at least six (6) months before the filing of the
diplomatic relations and whose government maintains a similarly petition.
authorized and accredited agency and that adoption of a Filipino
child is allowed under his national laws; and Section 32. Duty of Court. The court, after finding that the petition
is sufficient in form and substance and a proper case for inter-country
i) that he possesses all the qualifications and none of the adoption, shall immediately transmit the petition to the Inter-Country
disqualifications provided in this Rule, in Republic Act No. 8043 and Adoption Board for appropriate action.
in all other applicable Philippine laws.
Section 33. Effectivity. - This Rule shall take effect on August 22,
2002 following its publication in a newspaper of general circulation.

Section 31. Annexes. - The petition for adoption shall contain the
following annexes written and officially translated in English:

a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce


decree, or judgment dissolving the marriage;

c) Sworn statement of consent of petitioners biological or adopted


children above ten (10) years of age;
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Authority to Correct Clerical or Typographical


Error and Change of First Name or Nickname - No entry in a
civil register shall be changed or corrected without a judicial order,
except for clerical or typographical errors and change of first name
or nickname which can be corrected or changed by the concerned
city or municipal civil registrar or consul general in accordance with
the provisions of this Act and its implementing rules and regulations.

SECTION 2. Definition of Terms - As used in this Act, the


following terms shall mean:

1. "City or Municipal civil registrar" refers to the head of the


local civil registry office of the city or municipality, as the case
may be, who is appointed as such by the city or municipal mayor
in accordance with the provisions of existing laws.

2. "Petitioner" refers to a natural person filing the petition and


who has direct and personal interest in the correction of a clerical
or typographical error in an entry or change of first name or
nickname in the civil register.

3. "Clerical or typographical error" refers to a mistake


committed in the performance of clerical work in writing,
copying, transcribing or typing an entry in the civil register that
is harmless and innocuous, such as misspelled name or
[REPUBLIC ACT NO. 9048] misspelled place of birth or the like, which is visible to the eyes
or obvious to the understanding, and can be corrected or changed
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL only by reference to other existing record or records: Provided,
REGISTRAR OR THE CONSUL GENERAL TO CORRECT A however, That no correction must involve the change of
CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY nationality, age, status or sex of the petitioner.
AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE
CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, 4. "Civil Register" refers to the various registry books and
AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF related certificates and documents kept in the archives of the
THE CIVIL CODE OF THE PHILIPPINES.
local civil registry offices, Philippine Consulates and of the SECTION 4. Grounds for Change of First Name or
Office of the Civil Registrar General. Nickname. - The petition for change of first name or nickname may
be allowed in any of the following cases:
5. "Civil registrar general" refers to the Administrator of the
National Statistics Office which is the agency mandated to carry 1. The petitioner finds the first name or nickname to be
out and administer the provision of laws on civil registration. ridiculous, tainted with dishonor or extremely difficult to write or
pronounce.
6. "First name" refers to a name or nickname given to a
person which may consist of one or more names in addition to 2. The new first name or nickname has been habitually and
the middle and last names. continuously used by the petitioner and he has been publicly
known by that by that first name or nickname in the community:
SECTION 3. Who May File the Petition and Where. - Any or
person having direct and personal interest in the correction of a
clerical or typographical error in an entry and/or change of first name 3. The change will avoid confusion.
or nickname in the civil register may file, in person, a verified
petition with the local civil registry office of the city or municipality SECTION 5. Form and Contents of the Petition. - The petition
where the record being sought to be corrected or changed is kept. shall be in the form of an affidavit, subscribed and sworn to before
any person authorized by the law to administer oaths. The affidavit
In case the petitioner has already migrated to another place in the shall set forth facts necessary to establish the merits of the petition
country and it would not be practical for such party, in terms of and shall show affirmatively that the petitioner is competent to testify
transportation expenses, time and effort to appear in person before to the matters stated. The petitioner shall state the particular
the local civil registrar keeping the documents to be corrected or erroneous entry or entries, which are sought to be corrected and/or
changed, the petition may be filed, in person, with the local civil the change sought to be made.
registrar of the place where the interested party is presently residing
or domiciled. The two (2) local civil registrars concerned will then The petition shall be supported with the following documents:
communicate to facilitate the processing of the petition.
1. A certified true machine copy of the certificate or of the page
Citizens of the Philippines who are presently residing or domiciled in
of the registry book containing the entry or entries sought to be
foreign countries may file their petition, in person, with the nearest
corrected or changed.
Philippine Consulates.

The petitions filed with the city or municipal civil registrar or the 2. At least two (2) public or private documents showing the
consul general shall be processed in accordance with this Act and its correct entry or entries upon which the correction or change shall
implementing rules and regulations. be based; and

All petitions for the clerical or typographical errors and/or


change of first names or nicknames may be availed of only once.
3. Other documents which the petitioner or the city or 1. The error is not clerical or typographical;
municipal civil registrar or the consul general may consider
relevant and necessary for the approval of the petition. 2. The correction of an entry or entries in the civil register is
substantial or controversial as it affects the civil status of a
In case of change of first name or nickname, the petition shall person; or
likewise be supported with the documents mentioned in the
immediately preceding paragraph. In addition, the petition shall be 3. The basis used in changing the first name or nickname of a
published at least once a week for two (2) consecutive weeks in a person does not fall under SECTION 4.
newspaper of general circulation. Furthermore, the petitioner shall
submit a certification from the appropriate law enforcement agencies The civil registrar general shall immediately notify the city or
that he has no pending case or no criminal record. municipal civil registrar or the consul general of the action taken on
the decision. Upon receipt of the notice thereof, the city or municipal
The petition and its supporting papers shall be filed in three (3)
civil registrar or the consul general shall notify the petitioner of such
copies to be distributed as follows: first copy to the concerned city or
action.
municipal civil registrar, or the consul general; second copy to the
Office of the Civil Registrar General; and third copy to the petitioner. The petitioner may seek reconsideration with the civil registrar
general or file the appropriate petition with the proper court.
SECTION 6. Duties of the City or Municipal Civil Registrar or
the Consul General. - The city or municipal civil registrar or the If the civil registrar general fails to exercise his power to
consul general to whom the petition is presented shall examine the impugn the decision of the city or municipal civil registrar or of the
petition and its supporting documents. He shall post the petition in a consul general within the period prescribed herein, such decision
conspicuous place provided for that purpose for ten (10) consecutive shall become final and executory.
days after he finds the petition and its supporting documents
sufficient in form and substance. Where the petition is denied by the city or municipal civil
registrar or the consul general, the petitioner may either appeal the
The city or municipal civil registrar or the consul general shall decision to the civil registrar general or file the appropriate petition
act on the petition and shall render a decision not later than five (5) with the proper court.
working days after the completion of the posting and/or publication
requirement. He shall transmit a copy of his decision together with SECTION 8. Payment of Fees. - The city or municipal civil
the records of the proceedings to the Office of the Civil Registrar registrar or the consul general shall be authorized to collect
General within five (5) working days from the date of the decision. reasonable fees as a condition for accepting the petition. An indigent
petitioner shall be exempt from the payment of the said fee.
SECTION 7. Duties and Powers of the Civil Registrar
General. - The civil registrar general shall, within ten (10) working SECTION 9. Penalty Clause. - A person who violates any of the
days from receipt of the decision granting a petition, exercise the provisions of this Act shall, upon conviction, be penalized by
power to impugn such decision by way of an objection based on the imprisonment of not less than six (6) years but not more than twelve
following grounds: (12) years, or a fine of not less than Ten thousand pesos (P10,000.00)
but not more than One Hundred Thousand pesos (P100,000.00), or
both, at the discretion of the court.

In addition, if the offender is a government official or


employee he shall suffer the penalties provided under civil service
laws, rules and regulations. REPUBLIC ACT NO. 8043
SECTION 10. Implementing Rules and Regulations. - The civil
AN ACT ESTABLISHING THE RULES TO GOVERN INTER-
registrar general shall, in consultation with the Department of
COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR
Justice, the Department of Foreign Affairs, the Office of the Supreme
OTHER PURPOSES.
Court Administrator, the University of the Philippines Law Center
and the Philippine Association of Civil Registrars, issue the
necessary rules and regulations for the effective implementation of ARTICLE I
this Act not later than three (3) months from the effectivity of this GENERAL PROVISIONS
law.
Section 1. Short Title. This Act shall be known as the "Inter-
SECTION 11. Retroactivity Clause. - This Act shall have Country Adoption Act of 1995."
retroactive effect insofar as it does not prejudice or impair vested or
acquired rights in accordance with the Civil Code and other laws. Sec. 2. Declaration of Policy. It is hereby declared the policy of
the State to provide every neglected and abandoned child with a
SECTION 12. Separability Clause. - If any portion or provision of family that will provide such child with love and care as well as
this Act is declared void or unconstitutional, the remaining portions opportunities for growth and development. Towards this end, efforts
or provisions thereof shall not be affected by such declaration. shall be exerted to place the child with an adoptive family in the
Philippines. However, recognizing that inter-country adoption may
SECTION 13. Repealing Clause. - All laws, decrees, orders, rules be considered as allowing aliens not presently allowed by law to
and regulations, other issuances, or parts thereof inconsistent with adopt Filipino children if such children cannot be adopted by
the provisions of this Act are hereby repealed or modified qualified Filipino citizens or aliens, the State shall take measures to
accordingly. ensure that inter-country adoptions are allowed when the same shall
prove beneficial to the child's best interests, and shall serve and
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen
protect his/her fundamental rights.
(15) days after its complete publication in at least two (2) national
newspapers of general circulation.
Sec. 3. Definition of Terms. As used in this Act. the term:
(a) Inter-country adoption refers to the socio-legal process of
adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the decree of adoption is
issued outside the Philippines.
(b) Child means a person below fifteen (15) years of age unless (b) Collect, maintain, and preserve confidential information about the
sooner emancipated by law. child and the adoptive parents;
(c) Department refers to the Department of Social Welfare and (c) Monitor, follow up, and facilitate completion of adoption of the
Development of the Republic of the Philippines. child through authorized and accredited agency;
(d) Secretary refers to the Secretary of the Department of Social (d) Prevent improper financial or other gain in connection with an
Welfare and Development. adoption and deter improper practices contrary to this Act;
(e) Authorized and accredited agency refers to the State welfare (e) Promote the development of adoption services including post-
agency or a licensed adoption agency in the country of the adopting legal adoption;
parents which provide comprehensive social services and which is
(f) License and accredit child-caring/placement agencies and
duly recognized by the Department.
collaborate with them in the placement of Filipino children;
(f) Legally-free child means a child who has been voluntarily or
(g) Accredit and authorize foreign adoption agency in the placement
involuntarily committed to the Department, in accordance with the
of Filipino children in their own country; and
Child and Youth Welfare Code.
(h) Cancel the license to operate and blacklist the child-caring and
(g) Matching refers to the judicious pairing of the adoptive child and
placement agency or adoptive agency involved from the
the applicant to promote a mutually satisfying parent-child
accreditation list of the Board upon a finding of violation of any
relationship.
provision under this Act.
(h) Board refers to the Inter-country Adoption Board.
Sec. 5. Composition of the Board. The Board shall be composed
of the Secretary of the Department as ex officio Chairman, and six
ARTICLE II (6) other members to be appointed by the President for a
THE INTER-COUNTRY ADOPTION BOARD nonrenewable term of six (6) years: Provided, That there shall be
appointed one (1) psychiatrist or psychologist, two (2) lawyers who
Sec. 4. The Inter-Country Adoption Board. There is hereby shall have at least the qualifications of a regional trial court judge,
created the Inter-Country Adoption Board, hereinafter referred to as one (1) registered social worker and two (2) representatives from
the Board to act as the central authority in matters relating to inter- non-governmental organizations engaged in child-caring and
country adoption. It shall act as the policy-making body for purposes placement activities. The members of the Board shall receive a per
of carrying out the provisions of this Act, in consultation and diem allowance of One thousand five hundred pesos (P1,500) for
coordination with the Department, the different child-care and each meeting attended by them: Provided, further, That no
placement agencies, adoptive agencies, as well as non-governmental compensation shall be paid for more than four (4) meetings a month.
organizations engaged in child-care and placement activities. As
such, it shall: Sec. 6. Powers and Functions of the Board. The Board shall
(a) Protect the Filipino child from abuse, exploitation, trafficking have the following powers and functions:
and/or sale or any other practice in connection with adoption which (a) to prescribe rules and regulations as it may deem reasonably
is harmful, detrimental, or prejudicial to the child; necessary to carry out the provisions of this Act, after consultation
and upon favorable recommendation of the different agencies governments, international organizations and recognized
concerned with the child-caring, placement, and adoption; international non-governmental organizations;
(b) to set the guidelines for the convening of an Inter-country (l) to assist other concerned agencies and the courts in the
Adoption Placement Committee which shall be under the direct implementation of this Act, particularly as regards coordination with
supervision of the Board; foreign persons, agencies and other entities involved in the process
of adoption and the physical transfer of the child; and
(c) to set the guidelines for the manner by which selection/matching
of prospective adoptive parents and adoptive child can be made; (m) to perform such other functions on matters relating to inter-
country adoption as may be determined by the President.
(d) to determine a reasonable schedule of fees and charges to be
exacted in connection with the application for adoption;
ARTICLE III
(e) to determine the form and contents of the application for inter-
PROCEDURE
country adoption;
(g) to institute systems and procedures to prevent improper financial Sec. 7. Inter-Country Adoption as the Last Resort. The Board
gain in connection with adoption and deter improper practices which shall ensure that all possibilities for adoption of the child under the
are contrary to this Act; Family Code have been exhausted and that inter-country adoption is
(h) to promote the development of adoption services, including post- in the best interest of the child. Towards this end, the Board shall set
legal adoption services, up the guidelines to ensure that steps will be taken to place the child
in the Philippines before the child is placed for inter-country
(i) to accredit and authorize foreign private adoption agencies which adoption: Provided, however, That the maximum number that may
have demonstrated professionalism, competence and have be allowed for foreign adoption shall not exceed six hundred (600) a
consistently pursued non-profit objectives to engage in the placement year for the first five (5) years.
of Filipino children in their own country: Provided, That such
foreign private agencies are duly authorized and accredited by their Sec. 8. Who May be Adopted. Only a legally free child may be
own government to conduct inter-country adoption: Provided, the subject of inter-country adoption. In order that such child may be
however, That the total number of authorized and accredited foreign considered for placement, the following documents must be
private adoption agencies shall not exceed one hundred (100) a year; submitted to the Board:
(j) to take appropriate measures to ensure confidentiality of the
records of the child, the natural parents and the adoptive parents at (a)Child study;
all times; (b)Birth certificate/foundling certificate;
(k) to prepare, review or modify, and thereafter, recommend to the (c)Deed of voluntary commitment/decree of abandonment/death
Department of Foreign Affairs, Memoranda of Agreement respecting certificate of parents;
inter-country adoption consistent with the implementation of this Act
and its stated goals, entered into, between and among foreign (d)Medical evaluation /history;
(e)Psychological evaluation, as necessary; and
(f)Recent photo of the child.
Sec. 10. Where to File Application. An application to adopt a
Filipino child shall be filed either with the Philippine Regional Trial
Sec. 9. Who May Adopt. An alien or a Filipino citizen
Court having jurisdiction over the child, or with the Board, through
permanently residing abroad may file an application for inter-country
an intermediate agency, whether governmental or an authorized and
adoption of a Filipino child if he/she:
accredited agency, in the country of the prospective adoptive parents,
which application shall be in accordance with the requirements as set
(a) is at least twenty-seven (27) years of age and at least sixteen (16)
forth in the implementing rules and regulations to be promulgated by
years older than the child to be adopted, at the time of application
the Board.
unless the adopter is the parent by nature of the child to be adopted
or the spouse of such parent:
The application shall be supported by the following documents
written and officially translated in English.
(b) if married, his/her spouse must jointly file for the adoption;
(a) Birth certificate of applicant(s);
(c) has the capacity to act and assume all rights and responsibilities
of parental authority under his national laws, and has undergone the (b) Marriage contract, if married, and divorce decree, if applicable;
appropriate counseling from an accredited counselor in his/her (c) Written consent of their biological or adoptive children above ten
country; (10) years of age, in the form of sworn statement;
(d) has not been convicted of a crime involving moral turpitude; (d) Physical, medical and psychological evaluation by a duly
(e) is eligible to adopt under his/her national law; licensed physician and psychologist;

(f) is in a position to provide the proper care and support and to give (e) Income tax returns or any document showing the financial
the necessary moral values and example to all his children, including capability of the applicant(s);
the child to be adopted; (f) Police clearance of applicant(s);
(g) agrees to uphold the basic rights of the child as embodied under (g) Character reference from the local church/minister, the applicant's
Philippine laws, the U.N. Convention on the Rights of the Child, and employer and a member of the immediate community who have
to abide by the rules and regulations issued to implement the known the applicant(s) for at least five (5) years; and
provisions of this Act;
(h) Recent postcard-size pictures of the applicant(s) and his
(h) comes from a country with whom the Philippines has diplomatic immediate family;
relations and whose government maintains a similarly authorized and
accredited agency and that adoption is allowed under his/her national
The Rules of Court shall apply in case of adoption by judicial
laws; and
proceedings.
(i) possesses all the qualifications and none of the disqualifications
provided herein and in other applicable Philippine laws. Sec. 11. Family Selection/Matching. No child shall be matched
to a foreign adoptive family unless it is satisfactorily shown that the
child cannot be adopted locally. The clearance, as issued by the child's adjustment. The progress report shall be taken into
Board, with the copy of the minutes of the meetings, shall form part consideration in deciding whether or not to issue the decree of
of the records of the child to be adopted. When the Board is ready to adoption.
transmit the Placement Authority to the authorized and accredited
inter-country adoption agency and all the travel documents of the The Department of Foreign Affairs shall set up a system by which
child are ready, the adoptive parents, or any one of them, shall Filipino children sent abroad for trial custody are monitored and
personally fetch the child in the Philippines. checked as reported by the authorized and accredited inter-country
adoption agency as well as the repatriation to the Philippines of a
Sec. 12. Pre-adoptive Placement Costs. The applicant(s) shall Filipino child whose adoption has not been approved.
bear the following costs incidental to the placement of the child;
(a) The cost of bringing the child from the Philippines to the Sec. 15. Executive Agreements. The Department of Foreign
residence of the applicant(s) abroad, including all travel expenses Affairs, upon representation of the Board, shall cause the preparation
within the Philippines and abroad; and of Executive Agreements with countries of the foreign adoption
agencies to ensure the legitimate concurrence of said countries in
(b) The cost of passport, visa, medical examination and upholding the safeguards provided by this Act.
psychological evaluation required, and other related expenses.
ARTICLE IV
Sec. 13. Fees, Charges and Assessments. Fees, charges, and PENALTIES
assessments collected by the Board in the exercise of its functions
shall be used solely to process applications for inter-country adoption Sec. 16. Penalties. (a) Any person who shall knowingly
and to support the activities of the Board. participate in the conduct or carrying out of an illegal adoption, in
violation of the provisions of this Act, shall be punished with a
Sec. 14. Supervision of Trial Custody. The governmental agency penalty of imprisonment ranging from six (6) years and one (1) day
or the authorized and accredited agency in the country of the to twelve (12) years and/or a fine of not less than Fifty thousand
adoptive parents which filed the application for inter-country pesos (P50,000), but not more than Two hundred thousand pesos
adoption shall be responsible for the trial custody and the care of the (P200.000), at the discretion of the court. For purposes of this Act, an
child. It shall also provide family counseling and other related adoption is illegal if it is effected in any manner contrary to the
services. The trial custody shall be for a period of six (6) months provisions of this Act or established State policies, its implementing
from the time of placement. Only after the lapse of the period of trial rules and regulations, executive agreements, and other laws
custody shall a decree of adoption be issued in the said country a pertaining to adoption. Illegality may be presumed from the
copy of which shall be sent to the Board to form part of the records following acts:
of the child. (1) consent for an adoption was acquired through, or attended by
coercion, fraud, improper material inducement;
During the trial custody, the adopting parent(s) shall submit to the
(2) there is no authority from the Board to effect adoption;
governmental agency or the authorized and accredited agency, which
shall in turn transmit a copy to the Board, a progress report of the (3) the procedures and safeguards placed under the law for adoption
were not complied with; and
(4) the child to be adopted is subjected to, or exposed to danger, functionary concerned shall automatically suffer suspension until the
abuse and exploitation. resolution of the case.
(b) Any person who shall violate established regulations relating to
ARTICLE V
the confidentiality and integrity of records, documents and
FINAL PROVISIONS
communications of adoption applications, cases and processes shall
suffer the penalty of imprisonment ranging from one (1) year and one
Sec. 18. Implementing Rules and Regulations. The Inter-
(1) day to two (2) years, and/or a fine of not less than Five thousand
country Adoption Board, in coordination with the Council for the
pesos (P5,000), but not more than Ten thousand pesos (P10,000), at
Welfare of Children, the Department of Foreign Affairs, and the
the discretion of the court.
Department of Justice, after due consultation with agencies involved
in child-care and placement, shall promulgate the necessary rules and
A penalty lower by two (2) degrees than that prescribed for the
regulations to implement the provisions of this Act within six (6)
consummated felony under this Article shall be imposed upon the
months after its effectivity.
principals of the attempt to commit any of the acts herein
enumerated.
Sec. 19. Appropriations. The amount of Five million pesos
(P5,000,000) is hereby appropriated from the proceeds of the Lotto
Acts punishable under this Article, when committed by a syndicate
for the initial operations of the Board and subsequently the
or where it involves two or more children shall be considered as an
appropriations of the same shall be included in the General
offense constituting child trafficking and shall merit the penalty of
Appropriations Act for the year following its enactment.
reclusion perpetua.
Sec. 20. Separability Clause. If any provision, or part hereof is
Acts punishable under this Article are deemed committed by a
held invalid or unconstitutional, the remainder of the law or the
syndicate if carried out by a group of three (3) or more persons
provision not otherwise affected, shall remain valid and subsisting.
conspiring and/or confederating with one another in carrying out any
of the unlawful acts defined under this Article.Penalties as are herein
Sec. 21. Repealing Clause. Any law, decree, executive order,
provided shall be in addition to any other penalties which may be
administrative order or rules and regulations contrary to, or
imposed for the same acts punishable under other laws, ordinances,
inconsistent with the provisions of this Act are hereby repealed,
executive orders, and proclamations.
modified or amended accordingly.
Sec. 17. Public Officers as Offenders. Any government official,
Sec. 22. Effectivity Clause. This Act shall take effect fifteen (15)
employee or functionary who shall be found guilty of violating any
days after its publication in two (2) newspapers of general
of the provisions of this Act, or who shall conspire with private
circulation.
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
Republic Act No. 9523 March 12, 2009

AN ACT REQUIRING CERTIFICATION OF THE


DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) TO DECLARE A "CHILD
LEGALLY AVAILABLE FOR ADOPTION" AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS,
AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS
OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS
THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT
NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY
ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO.
603, OTHERWISE KNOWN AS THE CHILD AND YOUTH
WELFARE CODE, AND FOR OTHER PURPOSES

Section 1. Declaration of Policy. It is hereby declared the policy of


the State that alternative protection and assistance shall be afforded
to every child who is abandoned, surrendered, or neglected. In this
regard, the State shall extend such assistance in the most expeditious
manner in the interest of full emotional and social development of
the abandoned, surrendered, or neglected child.
It is hereby recognized that administrative processes under the not conducive to good health; or is made to beg in the streets or
jurisdiction of the Department of Social Welfare and Development public places; or when children are in moral danger, or exposed to
for the declaration of a child legally available for adoption of gambling, prostitution, and other vices.
abandoned, surrendered, or neglected children are the most
expeditious proceedings for the best interest and welfare of the child. (5) Child Legally Available for Adoption refers to a child in whose
favor a certification was issued by the DSWD that he/she is legally
Section. 2. Definition of Terms. As used in this Act, the following available for adoption after the fact of abandonment or neglect has
terms shall mean: been proven through the submission of pertinent documents, or one
who was voluntarily committed by his/her parent(s) or legal
(1) Department of Social Welfare and Development (DSWD) is the guardian.
agency charged to implement the provisions of this Act and shall
have the sole authority to issue the certification declaring a child (6) Voluntarily Committed Child is one whose parent(s) or legal
legally available for adoption. guardian knowingly and willingly relinquished parental authority to
the DSWD or any duly accredited child-placement or child-caring
(2) Child refers to a person below eighteen (18) years of age or a agency or institution.
person over eighteen (18) years of age but is unable to fully take care
of him/herself or protect himself/herself from abuse, neglect, cruelty, (7) Child-caring agency or institution refers to a private non-profit or
exploitation, or discrimination because of physical or mental government agency duly accredited by the DSWD that provides
disability or condition. twenty-four (24) hour residential care services for abandoned,
neglected, or voluntarily committed children.
(3) Abandoned Child refers to a child who has no proper parental
care or guardianship, or whose parent(s) have deserted him/her for a (8) Child-placing agency or institution refers to a private non-profit
period of at least three (3) continuous months, which includes a institution or government agency duly accredited by the DWSD that
founding. receives and processes applicants to become foster or adoptive
parents and facilitate placement of children eligible for foster care or
(4) Neglected Child refers to a child whose basic needs have been adoption.
deliberately unattended or inadequately attended within a period of
three (3) continuous months. Neglect may occur in two (2) ways: (9) Petitioner refers to the head or executive director of a licensed or
accredited child-caring or child-placing agency or institution
(a) There is physical neglect when the child is malnourished, ill-clad, managed by the government, local government unit, non-
and without proper shelter. A child is unattended when left by governmental organization, or provincial, city, or municipal Social
himself/herself without proper provisions and/or without proper Welfare Development Officer who has actual custody of the minor
supervision. and who files a certification to declare such child legally available
for adoption, or, if the child is under the custody of any other
(b) There is emotional neglect when the child is maltreated, raped, individual, the agency or institution does so with the consent of the
seduced, exploited, overworked, or made to work under conditions child's custodian.
(10) Secretary refers to the Secretary of the DSWD or his duly Philippine National Red Cross (PNRC), National Headquarters
authorized representative. (NHQ), Social Service Division, which states that despite due
diligence, the child's parents could not be found; and
(11) Conspicuous Place shall refer to a place frequented by the
public, where by notice of the petition shall be posted for information (d) Returned registered mail to the last known address of the
of any interested person. parent(s) or known relatives, if any.

(12) Social Case Study Report (SCSR) shall refer to a written report (3) Birth certificate, if available; and
of the result of an assessment conducted by a licensed social worker
as to the social-cultural economic condition, psychosocial (4) Recent photograph of the child and photograph of the child upon
background, current functioning and facts of abandonment or neglect abandonment or admission to the agency or institution.
of the child. The report shall also state the efforts of social worker to
locate the child's biological parents/relatives. Section 4. Procedure for the Filing of the Petition. The petition
shall be filed in the regional office of the DSWD where the child was
Section 3. Petition. The petition shall be in the form of an found or abandoned.
affidavit, subscribed and sworn to before any person authorized by
law to administer oaths. It shall contain facts necessary to establish The Regional Director shall examine the petition and its supporting
the merits of the petition and shall state the circumstances documents, if sufficient in form and substance and shall authorize the
surrounding the abandonment or neglect of the child. posting of the notice of the petition conspicuous place for five (5)
consecutive days in the locality where the child was found.
The petition shall be supported by the following documents:
The Regional Director shall act on the same and shall render a
(1) Social Case Study Report made by the DSWD, local government recommendation not later than five (5) working days after the
unit, licensed or accredited child-caring or child-placing agency or completion of its posting. He/she shall transmit a copy of his/her
institution charged with the custody of the child; recommendation and records to the Office of the Secretary within
forty-eight (48) hours from the date of the recommendation.
(2) Proof that efforts were made to locate the parent(s) or any known
relatives of the child. The following shall be considered sufficient: Section 5. Declaration of Availability for Adoption. Upon finding
merit in the petition, the Secretary shall issue a certification declaring
(a) Written certification from a local or national radio or television the child legally available for adoption within seven (7) working
station that the case was aired on three (3) different occasions; days from receipt of the recommendation.

(b) Publication in one (1) newspaper of general circulation; Said certification, by itself shall be the sole basis for the immediate
issuance by the local civil registrar of a foundling certificate. Within
(c) Police report or barangay certification from the locality where the seven (7) working days, the local civil registrar shall transmit the
child was found or a certified copy of a tracing report issued by the founding certificate to the National Statistic Office (NSO).
Section 6. Appeal. The decision of the Secretary shall be proceeding, as provided in Republic Act No. 8552 and in an inter-
appealable to the Court of Appeals within five (5) days from receipt country adoption proceeding, as provided in Republic Act No. 8043.
of the decision by the petitioner, otherwise the same shall be final
and executory. Section. 9. Implementing Rules and Regulations. The DSWD,
together with the Council for Welfare of Children, Inter-Country
Section 7. Declaration of Availability for Adoption of Involuntarily Adoption Board, two (2) representatives from licensed or accredited
Committed Child and Voluntarily Committed Child. The child-placing and child-caring agencies or institution, National
certificate declaring a child legally available for adoption in case of Statistics Office and Office of the Civil Registrar, is hereby tasked to
an involuntarily committed child under Article 141, paragraph 4(a) draft the implementing rules and regulations of this Act within sixty
and Article 142 of Presidential Decree No. 603 shall be issued by the (60) days following its complete publication.
DSWD within three (3) months following such involuntary
commitment. Upon effectivity of this Act and pending the completion of the
drafting of the implementing rules and regulations, petitions for the
In case of voluntary commitment as contemplated in Article 154 of issuance of a certification declaring a child legally available for
Presidential Decree No. 603, the certification declaring the child adoption may be filled with the regional office of the DSWD where
legally available for adoption shall be issued by the Secretary within the child was found or abandoned.
three (3) months following the filing of the Deed of Voluntary
Commitment, as signed by the parent(s) with the DSWD. Section 10. Penalty. The penalty of One hundred thousand pesos
(P100,000.00) to Two hundred thousand pesos (P200,000.00) shall
Upon petition filed with the DSWD, the parent(s) or legal guardian be imposed on any person, institution, or agency who shall place a
who voluntarily committed a child may recover legal custody and child for adoption without the certification that the child is legally
parental authority over him/her from the agency or institution to available for adoption issued by the DSWD. Any agency or
which such child was voluntarily committed when it is shown to the institution found violating any provision of this Act shall have its
satisfaction of the DSWD that the parent(s) or legal guardian is in a license to operate revoked without prejudice to the criminal
position to adequately provide for the needs of the child: Provided, prosecution of its officers and employees.
That, the petition for restoration is filed within (3) months after the
signing of the Deed of Voluntary Commitment. Violation of any provision of this Act shall subject the government
official or employee concerned to appropriate administrative, civil
Section 8. Certification. The certification that a child is legally and/or criminal sanctions, including suspension and/or dismissal
available for adoption shall be issued by the DSWD in lieu of a from the government service and forfeiture of benefits.
judicial order, thus making the entire process administrative in
nature. Section 11. Repealing Clause. Sections 2(c)(iii), 3(b), (e) and 8(a)
of Republic Act No. 8552, Section 3(f) of Republic Act No. 8043,
The certification, shall be, for all intents and purposes, the primary Chapter 1 of Title VII, and VIII of Presidential Decree No. 603 and
evidence that the child is legally available in a domestic adoption any law, presidential decree, executive order, letter of instruction,
administrative order, rule, or regulation contrary to or inconsistent
with the provisions of this Act are hereby reprealed, modified or
amended accordingly.

Section 12. Separability Clause. If any provision of this Act is held


invalid or unconstitutional, the other provisions not affected thereby
shall remain valid and subsisting.

Section 13. Effectivity. This Act shall take effect fifteen (15) days
following its complete publication in two (2) newspapers of general
circulation or in the Official Gazette.

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