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Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress

Republic Act No. 8552

February 25, 1

AN ACT !"TA#$%"&%N' T&! R($!" AN) P*$%C%!" *N T&! )*+!"T%C A)*PT%*N *F F%$%P%N* C&%$)R!N AN) F*R *T&!R P(RP*"!" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: ART%C$! % '!N!RA$ PR*,%"%*N" "ection 1. Short Title. This Act shall be known as the "Domestic Adoption Act of 1 !."

"ection 2. Declaration of Policies. (a) It is hereby declared the policy of the State to ensure that e ery child re!ains under the care and custody of his"her parent(s) and be pro ided with lo e# care# understandin$ and security towards the full and har!onious de elop!ent of his"her personality. %nly when such efforts pro e insufficient and no appropriate place!ent or adoption within the child&s e'tended fa!ily is a ailable shall adoption by an unrelated person be considered. (b) In all !atters relatin$ to the care# custody and adoption of a child# his"her interest shall be the para!ount consideration in accordance with the tenets set forth in the (nited )ations (()) *on ention on the +i$hts of the *hild, () -eclaration on Social and .e$al /rinciples +elatin$ to the /rotection and 0elfare of *hildren with Special +eference to 1oster /lace!ent and Adoption# )ationally and Internationally, and the 2a$ue *on ention on the /rotection of *hildren and *ooperation in +espect of Intercountry Adoption. Toward this end# the State shall pro ide alternati e protection and assistance throu$h foster care or adoption for e ery child who is ne$lected# orphaned# or abandoned. (c) It shall also be a State policy to: (i) Safe$uard the biolo$ical parent(s) fro! !akin$ hurried decisions to relin3uish his"her parental authority o er his"her child, (ii) /re ent the child fro! unnecessary separation fro! his"her biolo$ical parent(s), (iii) /rotect adopti e parent(s) fro! atte!pts to disturb his"her parental authority and custody o er his"her adopted child.

Any oluntary or in oluntary ter!ination of parental authority shall be ad!inistrati ely or 4udicially declared so as to establish the status of the child as "le$ally a ailable for adoption" and his"her custody transferred to the -epart!ent of Social 0elfare and -e elop!ent or to any duly licensed and accredited child5placin$ or child5carin$ a$ency# which entity shall be authori6ed to take steps for the per!anent place!ent of the child, (i ) *onduct public infor!ation and educational ca!pai$ns to pro!ote a positi e en iron!ent for adoption, ( ) 7nsure that sufficient capacity e'ists within $o ern!ent and pri ate sector a$encies to handle adoption in3uiries# process do!estic adoption applications# and offer adoption5 related ser ices includin$# but not li!ited to# parent preparation and post5adoption education and counselin$, and ( i) 7ncoura$e do!estic adoption so as to preser e the child&s identity and culture in his"her nati e land# and only when this is not a ailable shall intercountry adoption be considered as a last resort. "ection -. Definition of Terms. 1or purposes of this Act# the followin$ ter!s shall be defined as: (a) "Child" is a person below ei$hteen (89) years of a$e. (b) "A child legally available for adoption" refers to a child who has been oluntarily or in oluntarily co!!itted to the -epart!ent or to a duly licensed and accredited child5 placin$ or child5carin$ a$ency# freed of the parental authority of his"her biolo$ical parent(s) or $uardian or adopter(s) in case of rescission of adoption. (c) "#oluntarily committed child" is one whose parent(s) knowin$ly and willin$ly relin3uishes parental authority to the -epart!ent. (d) "$nvoluntarily committed child" is one whose parent(s)# known or unknown# has been per!anently and 4udicially depri ed of parental authority due to abandon!ent, substantial# continuous# or repeated ne$lect, abuse, or inco!petence to dischar$e parental responsibilities. (e) "Abandoned child" refers to one who has no proper parental care or $uardianship or whose parent(s) has deserted hi!"her for a period of at least si' (:) continuous !onths and has been 4udicially declared as such. (f) "Supervised trial custody" is a period of ti!e within which a social worker o ersees the ad4ust!ent and e!otional readiness of both adopter(s) and adoptee in stabili6in$ their filial relationship. ($) "Department" refers to the -epart!ent of Social 0elfare and -e elop!ent.

(h) "Child%placing agency" is a duly licensed and accredited a$ency by the -epart!ent to pro ide co!prehensi e child welfare ser ices includin$# but not li!ited to# recei in$ applications for adoption# e aluatin$ the prospecti e adopti e parents# and preparin$ the adoption ho!e study. (i) "Child%caring agency" is a duly licensed and accredited a$ency by the -epart!ent that pro ides twenty four (;<)5hour residential care ser ices for abandoned# orphaned# ne$lected# or oluntarily co!!itted children. (4) "Simulation of birth" is the ta!perin$ of the ci il re$istry !akin$ it appear in the birth records that a certain child was born to a person who is not his"her biolo$ical !other# causin$ such child to lose his"her true identity and status. ART%C$! %% PR!.A)*PT%*N "!R,%C!" "ection /. Counseling Service. The -epart!ent shall pro ide the ser ices of licensed social workers to the followin$: (a) Biological Parent&s' *ounselin$ shall be pro ided to the parent(s) before and after the birth of his"her child. )o bindin$ co!!it!ent to an adoption plan shall be per!itted before the birth of his"her child. A period of si' (:) !onths shall be allowed for the biolo$ical parent(s) to reconsider any decision to relin3uish his"her child for adoption before the decision beco!es irre ocable. *ounselin$ and rehabilitation ser ices shall also be offered to the biolo$ical parent(s) after he"she has relin3uished his"her child for adoption. Steps shall be taken by the -epart!ent to ensure that no hurried decisions are !ade and all alternati es for the child&s future and the i!plications of each alternati e ha e been pro ided. (b) Prospective Adoptive Parent&s' *ounselin$ sessions# adoption fora and se!inars# a!on$ others# shall be pro ided to prospecti e adopti e parent(s) to resol e possible adoption issues and to prepare hi!"her for effecti e parentin$. (c) Prospective Adoptee ( *ounselin$ sessions shall be pro ided to ensure that he"she understands the nature and effects of adoption and is able to e'press his"her iews on adoption in accordance with his"her a$e and le el of !aturity. "ection 5. Location of Unknown Parent(s). It shall be the duty of the -epart!ent or the child5 placin$ or child5carin$ a$ency which has custody of the child to e'ert all efforts to locate his"her unknown biolo$ical parent(s). If such efforts fail# the child shall be re$istered as a foundlin$ and subse3uently be the sub4ect of le$al proceedin$s where he"she shall be declared abandoned. "ection 0. Support Services. The -epart!ent shall de elop a pre5adoption pro$ra! which shall include# a!on$ others# the abo e !entioned ser ices.

ART%C$! %%% !$%'%#%$%T1 "ection 2. Who Ma !"opt. The followin$ !ay adopt: (a) Any 1ilipino citi6en of le$al a$e# in possession of full ci il capacity and le$al ri$hts# of $ood !oral character# has not been con icted of any cri!e in ol in$ !oral turpitude# e!otionally and psycholo$ically capable of carin$ for children# at least si'teen (8:) years older than the adoptee# and who is in a position to support and care for his"her children in keepin$ with the !eans of the fa!ily. The re3uire!ent of si'teen (8:) year difference between the a$e of the adopter and adoptee !ay be wai ed when the adopter is the biolo$ical parent of the adoptee# or is the spouse of the adoptee&s parent, (b) Any alien possessin$ the sa!e 3ualifications as abo e stated for 1ilipino nationals: Provided# That his"her country has diplo!atic relations with the +epublic of the /hilippines# that he"she has been li in$ in the /hilippines for at least three (=) continuous years prior to the filin$ of the application for adoption and !aintains such residence until the adoption decree is entered# that he"she has been certified by his"her diplo!atic or consular office or any appropriate $o ern!ent a$ency that he"she has the le$al capacity to adopt in his"her country# and that his"her $o ern!ent allows the adoptee to enter his"her country as his"her adopted son"dau$hter: Provided) *urther) That the re3uire!ents on residency and certification of the alien&s 3ualification to adopt in his"her country !ay be wai ed for the followin$: (i) a for!er 1ilipino citi6en who seeks to adopt a relati e within the fourth (<th) de$ree of consan$uinity or affinity, or (ii) one who seeks to adopt the le$iti!ate son"dau$hter of his"her 1ilipino spouse, or (iii) one who is !arried to a 1ilipino citi6en and seeks to adopt 4ointly with his"her spouse a relati e within the fourth (<th) de$ree of consan$uinity or affinity of the 1ilipino spouse, or (c) The $uardian with respect to the ward after the ter!ination of the $uardianship and clearance of his"her financial accountabilities. 2usband and wife shall 4ointly adopt# e'cept in the followin$ cases: (i) if one spouse seeks to adopt the le$iti!ate son"dau$hter of the other, or (ii) if one spouse seeks to adopt his"her own ille$iti!ate son"dau$hter: /ro ided# 2owe er# that the other spouse has si$nified his"her consent thereto, or (iii) if the spouses are le$ally separated fro! each other.

In case husband and wife 4ointly adopt# or one spouse adopts the ille$iti!ate son"dau$hter of the other# 4oint parental authority shall be e'ercised by the spouses. "ection 8. Who Ma #e !"opte". The followin$ !ay be adopted: (a) Any person below ei$hteen (89) years of a$e who has been ad!inistrati ely or 4udicially declared a ailable for adoption, (b) The le$iti!ate son"dau$hter of one spouse by the other spouse, (c) An ille$iti!ate son"dau$hter by a 3ualified adopter to i!pro e his"her status to that of le$iti!acy, (d) A person of le$al a$e if# prior to the adoption# said person has been consistently considered and treated by the adopter(s) as his"her own child since !inority, (e) A child whose adoption has been pre iously rescinded, or (f) A child whose biolo$ical or adopti e parent(s) has died: Provided) That no proceedin$s shall be initiated within si' (:) !onths fro! the ti!e of death of said parent(s). "ection . Whose Consent is $ecessar to the !"option. After bein$ properly counseled and infor!ed of his"her ri$ht to $i e or withhold his"her appro al of the adoption# the written consent of the followin$ to the adoption is hereby re3uired: (a) The adoptee# if ten (8>) years of a$e or o er, (b) The biolo$ical parent(s) of the child# if known# or the le$al $uardian# or the proper $o ern!ent instru!entality which has le$al custody of the child, (c) The le$iti!ate and adopted sons"dau$hters# ten (8>) years of a$e or o er# of the adopter(s) and adoptee# if any, (d) The ille$iti!ate sons"dau$hters# ten (8>) years of a$e or o er# of the adopter if li in$ with said adopter and the latter&s spouse# if any, and (e) The spouse# if any# of the person adoptin$ or to be adopted. ART%C$! %, PR*C!)(R! "ection 13. %urrie" Decisions. In all proceedin$s for adoption# the court shall re3uire proof that the biolo$ical parent(s) has been properly counseled to pre ent hi!"her fro! !akin$ hurried decisions caused by strain or an'iety to $i e up the child# and to sustain that all !easures to

stren$then the fa!ily ha e been e'hausted and that any prolon$ed stay of the child in his"her own ho!e will be ini!ical to his"her welfare and interest. "ection 11. Case Stu" . )o petition for adoption shall be set for hearin$ unless a licensed social worker of the -epart!ent# the social ser ice office of the local $o ern!ent unit# or any child5placin$ or child5carin$ a$ency has !ade a case study of the adoptee# his"her biolo$ical parent(s)# as well as the adopter(s)# and has sub!itted the report and reco!!endations on the !atter to the court hearin$ such petition. At the ti!e of preparation of the adoptee&s case study# the concerned social worker shall confir! with the *i il +e$istry the real identity and re$istered na!e of the adoptee. If the birth of the adoptee was not re$istered with the *i il +e$istry# it shall be the responsibility of the concerned social worker to ensure that the adoptee is re$istered. The case study on the adoptee shall establish that he"she is le$ally a ailable for adoption and that the docu!ents to support this fact are alid and authentic. 1urther# the case study of the adopter(s) shall ascertain his"her $enuine intentions and that the adoption is in the best interest of the child. The -epart!ent shall inter ene on behalf of the adoptee if it finds# after the conduct of the case studies# that the petition should be denied. The case studies and other rele ant docu!ents and records pertainin$ to the adoptee and the adoption shall be preser ed by the -epart!ent. "ection 12. Supervise" Trial Custo" + )o petition for adoption shall be finally $ranted until the adopter(s) has been $i en by the court a super ised trial custody period for at least si' (:) !onths within which the parties are e'pected to ad4ust psycholo$ically and e!otionally to each other and establish a bondin$ relationship. -urin$ said period# te!porary parental authority shall be ested in the adopter(s). The 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# statin$ the reasons for the reduction of the period. 2owe er# for alien adopter(s)# he"she !ust co!plete the si' (:)5!onth trial custody e'cept for those enu!erated in Sec. ? (b) (i) (ii) (iii). If the child is below se en (?) years of a$e and is placed with the prospecti e adopter(s) throu$h a pre5adoption place!ent authority issued by the -epart!ent# the prospecti e adopter(s) shall en4oy all the benefits to which biolo$ical parent(s) is entitled fro! the date the adoptee is placed with the prospecti e adopter(s). "ection 1-. Decree of !"option+ If# after the publication of the order of hearin$ has been co!plied with# and no opposition has been interposed to the petition# and after consideration of the case studies# the 3ualifications of the adopter(s)# trial custody report and the e idence sub!itted# the court is con inced that the petitioners are 3ualified to adopt# and that the adoption would redound to the best interest of the adoptee# a decree of adoption shall be entered which shall be effecti e as of the date the ori$inal petition was filed. This pro ision 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 na!e by which the child is to be known. "ection 1/. Civil &egistr &ecor". An a!ended certificate of birth shall be issued by the *i il +e$istry# as re3uired by the +ules of *ourt# attestin$ to the fact that the adoptee is the child of the adopter(s) by bein$ re$istered with his"her surna!e. The ori$inal certificate of birth shall be sta!ped "cancelled" with the annotation of the issuance of an a!ended birth certificate in its place and shall be sealed in the ci il re$istry records. The new birth certificate to be issued to the adoptee shall not bear any notation that it is an a!ended issue. "ection 15. Confi"ential $ature of Procee"ings an" &ecor"s+ ( All hearin$s in adoption cases shall be confidential and shall not be open to the public. All records# books# and papers relatin$ to the adoption cases in the files of the court# the -epart!ent# or any other a$ency or institution participatin$ in the adoption proceedin$s shall be kept strictly confidential. If the court finds that the disclosure of the infor!ation to a third person is necessary for purposes connected with or arisin$ out of the adoption and will be for the best interest of the adoptee# the court !ay !erit the necessary infor!ation to be released# restrictin$ the purposes for which it !ay be used. ART%C$! , !FF!CT" *F A)*PT%*N "ection 10. Parental !uthorit . 7'cept in cases where the biolo$ical parent is the spouse of the adopter# all le$al ties between the biolo$ical parent(s) and the adoptee shall be se ered and the sa!e shall then be ested on the adopter(s). "ection 12. Legitimac ' ( The adoptee shall be considered the le$iti!ate son"dau$hter of the adopter(s) for all intents and purposes and as such is entitled to all the ri$hts and obli$ations pro ided by law to le$iti!ate sons"dau$hters born to the! without discri!ination of any kind. To this end# the adoptee is entitled to lo e# $uidance# and support in keepin$ with the !eans of the fa!ily. "ection 18. Succession. In le$al and intestate succession# the adopter(s) and the adoptee shall ha e reciprocal ri$hts of succession without distinction fro! le$iti!ate filiation. 2owe er# if the adoptee and his"her biolo$ical parent(s) had left a will# the law on testa!entary succession shall $o ern. ART%C$! ,% R!"C%""%*N *F A)*PT%*N "ection 1 . (roun"s for &escission of !"option+ (pon petition of the adoptee# with the assistance of the -epart!ent if a !inor or if o er ei$hteen (89) years of a$e but is incapacitated# as $uardian"counsel# the adoption !ay be rescinded on any of the followin$ $rounds co!!itted by the adopter(s): (a) repeated physical and erbal !altreat!ent by the adopter(s) despite ha in$

under$one counselin$, (b) atte!pt on the life of the adoptee, (c) se'ual assault or iolence, or (d) abandon!ent and failure to co!ply with parental obli$ations. Adoption# bein$ in the best interest of the child# shall not be sub4ect to rescission by the adopter(s). 2owe er# the adopter(s) !ay disinherit the adoptee for causes pro ided in Article @8@ of the *i il *ode. "ection 23. )ffects of &escission. If the petition is $ranted# the parental authority of the adoptee&s biolo$ical parent(s)# if known# or the le$al custody of the -epart!ent shall be restored if the adoptee is still a !inor or incapacitated. The reciprocal ri$hts and obli$ations of the adopter(s) and the adoptee to each other shall be e'tin$uished. The court shall order the *i il +e$istrar to cancel the a!ended certificate of birth of the adoptee and restore his"her ori$inal birth certificate. Succession ri$hts shall re ert to its status prior to adoption# but only as of the date of 4ud$!ent of 4udicial rescission. Aested ri$hts ac3uired prior to 4udicial rescission shall be respected. All the fore$oin$ effects of rescission of adoption shall be without pre4udice to the penalties i!posable under the /enal *ode if the cri!inal acts are properly pro en. ART%C$! ,%% ,%*$AT%*N" AN) P!NA$T%!" "ection 21. *iolations an" Penalties' ( (a) The penalty of i!prison!ent ran$in$ fro! si' (:) years and one (8) day to twel e (8;) years and"or a fine not less than 1ifty thousand pesos (/B>#>>>.>>)# but not !ore than Two hundred thousand pesos (/;>>#>>>.>>) at the discretion of the court shall be i!posed on any person who shall co!!it any of the followin$ acts: (i) obtainin$ consent for an adoption throu$h coercion# undue influence# fraud# i!proper !aterial induce!ent# or other si!ilar acts, (ii) non5co!pliance with the procedures and safe$uards pro ided by the law for adoption, or (iii) sub4ectin$ or e'posin$ the child to be adopted to dan$er# abuse# or e'ploitation. (b) Any person who shall cause the fictitious re$istration of the birth of a child under the na!e(s) of a person(s) who is not his"her biolo$ical parent(s) shall be $uilty of si!ulation of birth# and shall be punished by prision !ayor in its !ediu! period and a fine not e'ceedin$ 1ifty thousand pesos (/B>#>>>.>>). Any physician or nurse or hospital personnel who# in iolation of his"her oath of office# shall cooperate in the e'ecution of the abo e!entioned cri!e shall suffer the penalties herein prescribed and also the penalty of per!anent dis3ualification.

Any person who shall iolate established re$ulations relatin$ to the confidentiality and inte$rity of records# docu!ents# and co!!unications of adoption applications# cases# and processes shall suffer the penalty of i!prison!ent ran$in$ fro! one (8) year and one (8) day to two (;) years# and"or a fine of not less than 1i e thousand pesos (/B#>>>.>>) but not !ore than Ten thousand pesos (/8>#>>>.>>)# at the discretion of the court. A penalty lower by two (;) de$rees than that prescribed for the consu!!ated offense under this Article shall be i!posed upon the principals of the atte!pt to co!!it any of the acts herein enu!erated. Acts punishable under this Article# when co!!itted by a syndicate or where it in ol es two (;) or !ore children shall be considered as an offense constitutin$ child traffickin$ and shall !erit the penalty of reclusion perpetua. Acts punishable under this Article are dee!ed co!!itted by a syndicate if carried out by a $roup of three (=) or !ore persons conspirin$ and"or confederatin$ with one another in carryin$ out any of the unlawful acts defined under this Article. /enalties as are herein pro ided# shall be in addition to any other penalties which !ay be i!posed for the sa!e acts punishable under other laws# ordinances# e'ecuti e orders# and procla!ations. 0hen the offender is an alien# he"she shall be deported i!!ediately after ser ice of sentence and perpetually e'cluded fro! entry to the country. Any $o ern!ent official# e!ployee or functionary who shall be found $uilty of iolatin$ any of the pro isions of this Act# or who shall conspire with pri ate indi iduals shall# in addition to the abo e5prescribed penalties# be penali6ed in accordance with e'istin$ ci il ser ice laws# rules and re$ulations: Provided# That upon the filin$ of a case# either ad!inistrati e or cri!inal# said $o ern!ent official# e!ployee# or functionary concerned shall auto!atically suffer suspension until the resolution of the case. "ection 22. &ectification of Simulate" #irths. A person who has# prior to the effecti ity of this Act# si!ulated the birth of a child shall not be punished for such act: Provided# That the si!ulation of birth was !ade for the best interest of the child and that he"she has been consistently considered and treated by that person as his"her own son"dau$hter: Provided) further) That the application for correction of the birth re$istration and petition for adoption shall be filed within fi e (B) years fro! the effecti ity of this Act and co!pleted thereafter: Provided) finally) That such person co!plies with the procedure as specified in Article IA of this Act and other re3uire!ents as deter!ined by the -epart!ent. ART%C$! ,%%% F%NA$ PR*,%"%*N" "ection 2-. !"option &esource an" &eferral +ffice. There shall be established an Adoption +esources and +eferral %ffice under the -epart!ent with the followin$ functions: (a) !onitor the e'istence# nu!ber# and flow of children le$ally a ailable for adoption and prospecti e adopter(s) so as to facilitate their !atchin$, (b) !aintain a nationwide infor!ation and educational ca!pai$n on do!estic adoption, (c) keep records of adoption proceedin$s, (d) $enerate resources to help child5carin$ and child5placin$ a$encies and foster ho!es !aintain

iability, and (e) do policy research in collaboration with the Intercountry Adoption Coard and other concerned a$encies. The office shall be !anned by adoption e'perts fro! the public and pri ate sectors. "ection 2/. ,mplementing &ules an" &egulations. 0ithin si' (:) !onths fro! the pro!ul$ation of this Act# the -epart!ent# with the *ouncil for the 0elfare of *hildren# the %ffice of *i il +e$istry Deneral# the -epart!ent of Eustice# %ffice of the Solicitor Deneral# and two (;) pri ate indi iduals representin$ child5placin$ and child5carin$ a$encies shall for!ulate the necessary $uidelines to !ake the pro isions of this Act operati e. "ection 25. !ppropriations. Such su! as !ay be necessary for the i!ple!entation of the pro isions of this Act shall be included in the Deneral Appropriations Act of the year followin$ its enact!ent into law and thereafter. "ection 20. &epealing Clause. Any law# presidential decree or issuance# e'ecuti e order# letter of instruction# ad!inistrati e order# rule# or re$ulation contrary to# or inconsistent with the pro isions of this Act is hereby repealed# !odified# or a!ended accordin$ly. "ection 22. Separa-ilit Clause. If any pro ision of this Act is held in alid or unconstitutional# the other pro isions not affected thereby shall re!ain alid and subsistin$. "ection 28. )ffectivit Clause. This Act shall take effect fifteen (8B) days followin$ its co!plete publication in any newspaper of $eneral circulation or in the %fficial Da6ette. Approved: February 25, 1 8

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