Republic of the Philippines Congress of the Philippines Metro Manila Fourth Special Session Begun and held in Metro

Manila, on Wednesday, the eleventh day of February, nineteen hundred and ninety-eight.

REPUBLIC ACT NO. 8552

A AC! "#!AB$%#&% ' !&" R($"# A ) P*$%C%"# * F%$%P% * C&%$)R" A ) F*R *!&"R P(RP*#"# !&" )*M"#!%C A)*P!%* *F

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: AR!%C$" % General Provisions SECTION 1. Short Title.- !his Act shall be +no,n as the -)o.estic Adoption Act of /001.SEC. 2. Declaration of Policies.a2 %t is hereby declared the policy of the #tate to ensure that every child re.ains under the care of his3her parent4s2 and be provided ,ith love, care, understanding and security to,ards the full and har.onious develop.ent of his3her personality. *nly ,hen such efforts prove insufficient and no appropriate place.ent or adoption ,ithin the child5s e6tended fa.ily is available shall adoption by an unrelated person be considered.

b2 %n all .atters relating to the care, custody and adoption of a child, his3her interest shall be para.ount consideration in accordance ,ith the tenets set forth in the (nited ations 4( 2 Convention on the Rights of the Child7 ( )eclaration on #ocial and $egal Principles Relating to the Protection and Welfare of Children ,ith #pecial Reference to Foster Place.ent and Adoption, ationally and %nternationally7 and the &ague Convention on the Protection of Children and Cooperation in Respect of %ntercountry Adoption. !o,ards this end, the #tate shall provide alternative protection and assistance through foster care or adoption for every child ,ho is neglected, orphaned or abandoned. c2 %t shall also be a #tate policy to8 4i2 4ii2 4iii2 #afeguard the biological parent4s2 fro. .a+ing hurried decisions to relinguish his3her parental authority over his3her o,n child7 Prevent the child fro. unnecessary separation fro. his3her biological parent4s27 Protect adoptive parent4s2 fro. atte.pts to disturb his3her parental authority and custody over his3her adopted child. Any voluntary or involuntary ter.ination of parental authority shall be ad.inistratively or 9udicially declared so as to establish the status of the child as -legally available for adoption- and his3her custody transferred to the )epart.ent of #ocial Welfare and

)evelop.ent or to any duly licensed and accredited child-placing or child-caring agency, ,hich entity shall be authori:ed to ta+e steps for the per.anent place.ent of the child7 4iv2 4v2 Conduct public infor.ation and educational ca.paigns to pro.ote a positive environ.ent for adoption7 "nsure that sufficient capacity e6ists ,ithin govern.ent and private sector agencies to handle adoption in;uiries, process do.estic adoption applications, and offer adoptionrelated services including but not li.ited to, parent preparation and post-adoption education and counselling7 and "ncourage do.estic adoption so as to preserve the child5s identity and culture in his3her native land, and only ,hen this is not available shall intercountry adoption be considered as a last resort.

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SEC. 3. Definition of Terms.- For purposes of this Act, the follo,ing ter.s shall be defined as8 a2 -Child- is a person belo, eighteen 4/12 years of age.

b2 -A child legally available for adoption - refers to a child ,ho has been voluntarily or involuntarily co..itted to the )epart.ent or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental authority of his3her biological parent4s2 or guardian or adopter4s2 in case of rescission of adoption. c2 -Voluntarily committed child- is one ,hose parent4s2 +no,ingly and ,illingly relinguishes parental authority to the )epart.ent.

d2 - nvoluntarily committed child- is one ,hose parent4s2, +no,n or un+no,n, has been per.anently and 9udicially deprived of parental authority due to abandon.ent7 substantial, continuous, or repeated neglect7 abuse7 or inco.petence to discharge parental responsibilities. e2 -Abandoned child- refers to one ,ho has no proper parental care or guardianship or ,hose parent4s2 has deserted hi.3her for a period of at least si6 4<2 continuous .onths and has been 9udicially declared as such. -Supervised trial custody- is a period of ti.e ,ithin ,hich a social ,or+er overseas the ad9ust.ent and e.otional readiness of both adopter4s2 and adoptee in stabili:ing their filial relationship.

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g2 -!epartment- refers to the )epart.ent of #ocial Welfare and )evelop.ent. h2 -Child"placing agency- is a duly licensed and accredited agency by the )epart.ent to provide co.prehensive child ,elfare services including, but not li.ited to, receiving applications for adoption, evaluating the prospective adoptive parents, and preparing the adoption ho.e study. i2 -Child"caring agency- is a duly licensed and accredited agency by the )epart.ent that provides t,enty four 4=>2 hour residential care services for abandoned, orphaned, neglected, or voluntarily co..itted children. -Simulation of birth- is the ta.pering of the civil registry .a+ing it appear in the birth records that a certain child ,as born to a person ,ho is not his3her biological .other, causing such child to lose his3her true identity and status. AR!%C$" %% Pre-Adoption Services

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SEC. 4. Counselling Services.- !he )epart.ent shall provide the services of licensed social ,or+ers to the follo,ing8 a2 Biological Parent#s$ - Counselling shall be provided to the parent4s2 before and after birth of his3her child. o binding co..it.ent to an adoption plan shall be per.itted before the birth of his3her child. a period of si6 4<2 .onths shall be allo,ed for the biological parent4s2 to reconsider any decision to relinguish his3her child for adoption before the decision beco.es irrevocable. Counselling and rehabilitation services shall also be offered to the biological parent4s2 after he3she has relinguished his3her child for adoption. #teps shall be ta+en by the depart.ent to ensure that no hurried decisions are .ade and all alternatives for the child5s future and the i.plications of each alternative have been provided. b2 Prospective Adoptive Parent#s$ - Counselling sessions, adoption fora and se.inars, a.ong others, shall be provided to prospective adoptive parent4s2 to resolve possible adoption issues and to prepare hi.3her for effective parenting. c2 Prospective Adoptee - Counselling sessions shall be provided to ensure that he3she understands the nature and effects of adoption and is able to e6press his3her vie,s on adoption in accordance ,ith his3her age and level of .aturity.

SEC. 5. Location of Unknown Parent s! .- %t shall be the duty of the )epart.ent or the child-placing or child-caring agency ,hich has custody of the child to e6ert all efforts to locate his3her un+no,n biological parent4s2. %f such efforts fail, the child shall be registered as a foundling and subse;uently be the sub9ect of legal proceedings ,here he3she shall be declared abandoned. SEC. 6. Support Services"- !he )epart.ent shall develop a pre-adoption progra. ,hich shall include, a.ong others, the above .entioned services. AR!%C$" %%% #ligi$ilit% SEC. 7. &ho 'a% Adopt.- !he follo,ing .ay adopt8 a2 Any Filipino citi:en of legal age, in possession of full civil capacity and legal rights, of good .oral character, has not been convicted of any cri.e involving .oral turpitude, e.otionally and psychologically capable of caring for children, at least si6teen 4/<2 years older than the adoptee, and ,ho is in a position to support and care for his3her children in +eeping ,ith the .eans of the fa.ily. !he re;uire.ent of si6teen 4/<2 years difference bet,een the age of the adopter and the adoptee .ay be ,aived ,hen the adopter is the biological parent of the adoptee, or is the spouse of the adoptee5s parent7

b2 Any alien possessing the sa.e ;ualification as above stated for Filipino nationals8 Provided, !hat his3her country has diplo.atic relations ,ith the Republic of the Philippines, that he3she has been living in the Philippines for at least three 4?2 continuous years prior to the filing of the application for adoption and .aintains such residence until the adoption decree is entered, that he3she has been certified by his3her diplo.atic or consular office or any appropriate govern.ent agency that he3she has the legal capacity to adopt in his3her country, and that his3her govern.ent allo,s the adoptee to enter his3her country as his3her adopted son3daughter8 Provided, further, !hat the re;uire.ents on residency and certification of the alien5s ;ualifications to adopt in his3her country .ay be ,aived for the follo,ing8

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a for.er Filipino citi:en ,ho see+s to adopt a relative ,ithin the fourth 4>th2 degree of consanguinity or affinity7 or one ,ho see+s to adopt the legiti.ate son3daughter of his3her Filipino spouse7 or one ,ho is .arried to a Filipino citi:en and see+s to adopt 9ointly ,ith his3her spouse a relative ,ithin the fourth 4>th2 degree of consanguinity or affinity of the Filipino spouse7 or

!he guardian ,ith respect to the ,ard after the ter.ination of the guardianship and clearance of his3her financial accountabilities. &usband and ,ife shall 9ointly adapt, e6cept in the follo,ing cases8 4i2 4ii2 4iii2 if one spouse see+s to adopt the legiti.ate son3daughter of the other7 or if one spouse see+s to adopt his3her o,n illegiti.ate son3daughter8 Provided, ho,ever, !hat the other spouse has signified his3her consent thereto7 or if the spouses are legally separated fro. each other.

%n case husband and ,ife 9ointly adopt, or one spouse adopts the illegiti.ate son3daughter of the other, 9oint parental authority shall be e6ercised by the spouses. S#C" (" &ho 'a% )e Adopted"- !he follo,ing .ay be adopted8 a2 Any person belo, eighteen 4/12 years of age ,ho has been ad.inistratively or 9udicially declared available for adoption7

b2 !he legiti.ate son3daughter of one spouse by the other spouse7 c2 An illegiti.ate son3daughter by a ;ualified adopter to i.prove his3her status to that of legiti.acy7

d2 A person of legal age, if prior to the adoption, said person has been consistently considered and treated by the adopter4s2 as his3her o,n child since .inority7 e2 f2 A child ,hose adoption has been previously rescinded7 or A child ,hose biological or adoptive parent4s2 has died8 Provided, !hat no proceedings shall be initiated ,ithin si6 4<2 .onths fro. the ti.e of death of said parent4s2.

SEC. 9. &hose Consent is *ecessar% to the Adoption .- After being properly counselled and infor.ed of his3her right to give or ,ithhold his3her approval of the adoption, the ,ritten consent of the follo,ing to the adoption is hereby re;uired8 a2 !he adoptee, if ten 4/@2 years of age or over7

b2 !he biological parent4s2 of the child, if +no,n, or the legal guardian, or the proper govern.ent instru.entality ,hich has legal custody of the child7 c2 !he legiti.ate and adopted sons3daughters, ten 4/@2 years of age or over, of the adopter4s2 and adoptee, if any8

d2 !he illegiti.ate sons3daughters, ten 4/@2 years of age or over, of the adopter if living ,ith said adopter and the latter5s spouse, if any7 and e2 !he spouse, if any, of the person adopting or to be adopted. AR!%C$" %A

Procedure SEC. 10. +urried Decisions.- %n all proceedings for adoption, the court shall re;uire proof that the biological parent4s2 has been properly counselled to prevent hi.3her fro. .a+ing hurried decisions caused by strain or an6iety to give up the child, and to sustain that all .easures to strengthen the fa.ily have been e6hausted and that any prolonged stay of the child in his3her o,n ho.e ,ill be ini.ical to his3her ,elfare and interest. SEC. 11. Case Stud%.- o petition for adoption shall be set for hearing unless a licensed social ,or+er of the )epart.ent, the social service office of the local govern.ent unit, or any child-placing or childcaring agency had .ade a case study of the adoptee, his3her biological parent4s2, as ,ell as the adopter4s2, and has sub.itted the report and reco..endations on the .atter to the court hearing such petition. At the ti.e of preparation of the adoptee5s case study, the concerned social ,or+er shall confir. ,ith the civil Registry the real identity and registered na.e of the adoptee. %f the birth of the adoptee ,as not registered ,ith the Civil Registry, it shall be the responsibility of the concerned social ,or+er to ensure that the adoptee is registered. !he case study on the adoptee shall establish that he3she is legally available for adoption and that the docu.ents to support this fact are valid and authentic. Further, the case study of the adopter4s2 shall ascertain his3her genuine intentions and that the adoption in the best interest of the child. !he )epart.ent shall intervene on behalf of the adoptee if it finds, after the conduct of the case studies, that the petition should be denied. !he case studies and other relevant docu.ents and records pertaining to the adoptee and the adoption shall be preserved by the )epart.ent. SEC. 12. Supervised Trial Custod%.- o petition for adoption shall be finally granted until the adopter4s2 has been given by the court a supervised trial custody period for at least si6 4<2 .onths ,ithin ,hich the parties are e6pected to ad9ust psychologically and e.otionally to each other and establish a bonding relationship. )uring said period, te.porary parental authority shall be vested in the adopter4s2. !he court .ay .otu proprio or upon .otion of any party reduce the trial period if it finds the sa.e to be in the best interest of the adoptee, stating the reasons for the reduction of the period. &o,ever, for alien adopter4s2, he3she .ust co.plete the si6 4<2 .onth trial custody e6cept for those enu.erated in #ec. B 4b2 4i2 4ii2 4iii2. %f the child is belo, seven 4B2 years of age and is placed ,ith the prospective adopter4s2 through a preadoption place.ent authority issued by the )epart.ent, the prospective adopter4s2 shall en9oy all the benefits to ,hich biological parent4s2 is entitled fro. the date the adoptee is placed ,ith the prospective adopter4s2. SEC. 13. Decree of Adoption.- %f, after the publication of the order of hearing has been co.plied ,ith, and no opposition has been interposed to the petition, and after consideration of the case studies, the ;ualifications of the adopter4s2, trial custody report and the evidence sub.itted, the court is convinced that the petitioners are ;ualified to adopt, and that the adoption ,ould redound to the best interest of the adoptee, a decree of adoption shall be entered ,hich shall be effective as of the date the original petition ,as filed. !his provision shall also apply in case the petitioner4s2 dies before the issuance of the decree of adoption to protect the interest of the adoptee. !he decree shall state the na.e by ,hich the child is to be +no,n.

SEC. 14. Civil ,egistr% ,ecord.- An a.ended certificate of birth shall be issued by the Civil Registry, as re;uired by the Rules of Court, attesting to the fact that the adoptee is the child of the adopter4s2 by being registered ,ith his3her surna.e. !he original certificate of birth shall be sta.ped -cancelled- ,ith the annotation of the issuance of an a.ended birth certificate in its place and shall be sealed in the civil registry records. !he ne, birth certificate to be issued to the adoptee shall not bear any notation that it is an a.ended issue. SEC. 15. Confidential *ature of Proceedings and ,ecords" - All hearings in adoption cases shall be confidential and shall not be open to the public. All records, boo+s, and papers relating to the adoption cases in the files of the court, the )epart.ent, or any other agency or institution participating in the adoption proceedings shall be +ept strictly confidential. %f the court finds that the disclosure of the infor.ation to a third person is necessary for purposes connected ,ith or arising out of the adoption and ,ill be for the best interest of the adoptee, the court .ay .erit the necessary infor.ation to be released, restricting the purposes for ,hich it .ay be used. AR!%C$" A #ffects of Adoption SEC. 16. Parental Authorit%"- "6cept in cases ,here the biological parent is the spouse of the adopter, all legal ties bet,een the biological parent4s2 and the adoptee shall be severed and the sa.e shall then be vested on the adopter4s2. SEC. 17. Legitimac%.- !he adoptee shall be considered the legiti.ate son3daughter of the adopter4s2 for all intents and purposes as such is entitled to all the rights and obligations provided by la, to legiti.ate sons3daughters born to the. ,ithout discri.ination of any +ind. !o this end, the adoptee is entitled to love, guidance and support in +eeping ,ith the .eans of the fa.ily. SEC. 18. Succession"- %n legal and intestate succession, the adopter4s2 and the adoptee shall have reciprocal rights of succession ,ithout distinction fro. legiti.ate filiation. &o,ever, if the adoptee and his3her biological parent4s2 had left a ,ill, the la, on testa.entary succession shall govern. AR!%C$" A% ,escission of Adoption SEC. 19. Ground for ,escission of Adoption.- (pon petition of the adoptee, ,ith the assistance of the )epart.ent if a .inor or if over eighteen 4/12 years of age but is not incapacitated, as guardian or counsel, the adoption .ay be rescinded on any of the follo,ing grounds co..itted by the adopter4s28 4a2 repeated physical and verbal .altreat.ent by the adopter4s2 despite having undergone counselling7 4b2 atte.pt on the life of the adoptee7 4c2 se6ual assault or violence7 or 4d2 abandon.ent and failure to co.ply ,ith parental obligations. Adoption, being in the interest of the child, shall not be sub9ect to rescission by the adopter4s2. &o,ever, the adopter4s2 .ay disinherit the adoptee for causes provided in Article 0/0 of the Civil Code. SEC. 20. #ffects of ,escission"- %f the petition is granted, the parental authority of the adoptee5s biological parent4s2, if +no,n, or the legal custody of the )epart.ent shall be restored if the adoptee is still a .inor or incapacitated. !he reciprocal rights and obligations of the adopter4s2 and the adoptee to each other shall be e6tinguished.

!he court shall order the Civil Registrar to cancel the a.ended certificate of birth of the adoptee and restore his3her original birth certificate. #uccession rights shall revert to its status prior to adoption, but only as of the date of 9udg.ent of 9udicial rescission. Aested rights ac;uired prior to 9udicial rescission shall be respected. All the foregoing effects of rescission of adoption shall be ,ithout pre9udice to the penalties i.posable under the Penal Code if the cri.inal acts are properly proven. AR!%C$" A%% -iolations and Penalties SEC. 21. -iolations and Penalties"" a2 !he penalty of i.prison.ent ranging fro. si6 4<2 years and one 4/2 day to t,elve 4/=2 years and3or a fine of not less than Fifty thousand pesos 4PC@,@@@.@@2, but not .ore than !,o hundred thousand pesos 4P=@@,@@@.@@2 at the discretion of the court shall be i.posed on any person ,ho shall co..it any of the follo,ing acts8 i2 ii2 iii2 obtaining consent for an adoption through coercion, undue influence, fraud, i.proper .aterial induce.ent, or other si.ilar acts7 nonco.pliance ,ith the procedures and safeguards provided by the la, for adoption7 or sub9ecting or e6posing the child to be adopted to danger, abuse, or e6ploitation.

b2 Any person ,ho shall cause the fictitious registration of the birth of a child under the na.e4s2 of a person4s2 ,ho is not his3her biological parent4s2 shall be guilty of si.ulation of birth, and shall be punished by prison .ayor in its .ediu. period and a fine not e6ceeding Fifty thousand pesos 4PC@,@@@.@@2. Any physician or nurse or hospital personnel ,ho, in violation of his3her oath of office, shall cooperate in the e6ecution of the above .entioned cri.e shall suffer the penalties herein prescribed and also the penalty of per.anent dis;ualification. Any person ,ho shall violate established regulations relating to the confidentiality and integrity of records, docu.ents, and co..unications of adoption applications, cases, and processes shall suffer the penalty of i.prison.ent ranging fro. one 4/2 year and one 4/2 day to t,o 4=2 years and3or a fine of not less than Five thousand pesos 4PC,@@@.@@2 but not .ore than !en thousand pesos 4P/@,@@@.@@2 at the discretion of the court. A penalty lo,er by t,o 4=2 degrees than that prescribed for the consu..ated offense under this Article shall be i.posed upon the principals of the atte.pt to co..it any of the acts herein enu.erated. Acts punishable under this Article, ,hen co..itted by a syndicate or ,hen it involves t,o 4=2 or .ore children shall be considered as an offense constituting child traffic+ing and shall .erit the penalty of reclusion pepetua% Acts punishable under this Article are dee.ed co..itted by a syndicate if carried out by a group of three 4?2 or .ore persons conspiring and3or confederating ,ith one another in carrying out any of the unla,ful acts defined under this Article. Penalties as are herein provided, shall be in addition to any other penalties ,hich .ay be i.posed for the sa.e acts punishable under other la,s, ordinances, e6ecutive orders, and procla.ations.

When the offender is an alien, he3she shall be deported i..ediately after service of sentence and perpetually e6cluded fro. entry to the country. Any govern.ent official, e.ployee or functionary ,ho shall be found guilty of violating any of the provisions on this Act, or ,ho shall conspire ,ith private individuals shall, in addition to the aboveprescribed penalties, be penali:ed in accordance ,ith e6isting civil service la,s, rules and regulations8 Provided& !hat upon filing of a case, either ad.inistrative or cri.inal, said govern.ent official, e.ployee, or functionary concerned shall auto.atically suffer suspension until the resolution of the case. SEC. 22. ,ectification of Simulated )irths"- A person ,ho has, prior to the effectivity of this Act, si.ulated the birth of a child shall not be punished for such act8 Provided& !hat the si.ulation of birth ,as .ade for the best interest of the child and that he3she has been consistently considered and treated by that person as his3her o,n son3daughter8 Provided& further& !hat the application for correction of the birth registration and petition for adoption shall be filed ,ithin five 4C2 years fro. the effectivity of this Act and co.pleted thereafter8 Provided& finally& !hat such person co.plies ,ith the procedure as specified in Article %A of this Act and other re;uire.ents as deter.ined by the )epart.ent. AR!%C$" A%%% .inal Provisions SEC. 23. Adoption ,esource and ,eferral /ffice"" !here shall be established an Adoption Resources and Referral *ffice under the )epart.ent ,ith the follo,ing functions8 4a2 .onitor the e6istence, nu.ber, and flo, of children legally available for adoption and prospective adopter4s2 so as to facilitate their .atching7 4b2 .aintain a nation,ide infor.ation and educational ca.paign on do.estic adoption7 4c2 +eep records of adoption proceedings7 4d2 generate resources to help child-caring and child-placing agencies and foster ho.es .aintain viability7 and 4e2 do policy research in collaboration ,ith the %ntercountry Adoption Board and other concerned agencies. !he office shall be .anned by adoption e6perts fro. the public and private sectors. SEC. 24. 0mplementing ,ules and ,egulations" - Within si6 4<2 .onths fro. the pro.ulgation of this Act, the )epart.ent, ,ith the Council for the Welfare of Children, the *ffice of the Civil Registry 'eneral, the )epart.ent of Dustice, *ffice of the #olicitor 'eneral, and t,o 4=2 private individuals representing child-placing and child-caring agencies shall for.ulate the necessary guidelines to .a+e the provisions of this Act operative. SEC. 25. Appropriations"- #uch su. as .ay be necessary for the i.ple.entation of the provisions of this Act shall be included in the 'eneral Appropriations Act of the year follo,ing its enact.ent into la, and thereafter. SEC. 26. ,epealing Clause.- Any la,, presidential decree or issuance, e6ecutive order, letter of instruction, ad.inistrative order, rule or regulation contrary to, or inconsistent ,ith the provisions of this Act is hereby repealed, .odified, or a.ended accordingly. SEC. 27. Separa$ilit% Clause.- %f any provision of this Act is held invalid or unconstitutional, the other provisions not affected thereby shall re.ain valid and subsisting. SEC. 28. #ffectivit% Clause"- !his Act shall ta+e effect fifteen 4/C2 days follo,ing its co.plete publication in any ne,spaper of general circulation or in the *fficial 'a:ette. Approved,

4#gd.2 Dose )e Aenecia, Dr. #pea+er of the &ouse of Representatives

4#gd.2 eptali A. 'on:ales President of the #enate

!his Act, ,hich is a consolidation of #enate Bill o. /C=? and &ouse Bill passed by the #enate and the &ouse of Representatives on February /?, /001. 4#gd.2 Roberto P. a:areno #ecretary 'eneral &ouse of Representatives Approved8 =C February /001 4#gd.2 Fidel A. Ra.os President of the Philippines 4#gd.2 &e:el P. 'acutan #ecretary of the #enate

o. /@?B1, ,as finally