Persons provisions \ 1
CIVIL CODE PROVISIONS Art. 364. Legitimate and legitimated children shall principally use the surname of
Art. 356. Every child:
(1) Is entitled to parental care;
(2) Shall receive at least elementary education;
(3) Shall be given moral and civic training by the parents or guardian;
(4) Has a right to live in an atmosphere conducive to his physical, moral and
intellectual development.
Art. 357. Every child shall:
(1) Obey and honor his parents or guardian;
(2) Respect his grandparents, old relatives, and persons holding substitute parental
authority;
(3) Exert his utmost for his education and training;
(4) Cooperate with the family in all matters that make for the good of the same.
Art. 358. Every parent and every person holding substitute parental authority shall
see to it that the rights of the child are respected and his duties complied with, and
shall particularly, by precept and example, imbue the child with highmindedness,
love of country, veneration for the national heroes, fidelity to democracy as a way of
life, and attachment to the ideal of permanent world peace.
Art. 359. The government promotes the full growth of the faculties of every child.
For this purpose, the government will establish, whenever possible:
(1) Schools in every barrio, municipality and city where optional religious instruction
shall be taught as part of the curriculum at the option of the parent or guardian;
(2) Puericulture and similar centers;
(3) Councils for the Protection of Children; and
(4) Juvenile courts.
Art. 360. The Council for the Protection of Children shall look after the welfare of
children in the municipality. It shall, among other functions:
(1) Foster the education of every child in the municipality;
(2) Encourage the cultivation of the duties of parents;
(3) Protect and assist abandoned or mistreated children, and orphans;
(4) Take steps to prevent juvenile delinquency;
(5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds;
(7) Coordinate the activities of organizations devoted to the welfare of children, and
secure their cooperation.
Art. 361. Juvenile courts will be established, as far as practicable, in every
chartered city or large municipality.
Art. 362. Whenever a child is found delinquent by any court, the father, mother, or
guardian may in a proper case be judicially admonished.
Art. 363. In all questions on the care, custody, education and property of children
the latter's welfare shall be paramount. No mother shall be separated from her child
under seven years of age, unless the court finds compelling reasons for such
measure.
Title XIII. - USE OF SURNAMES (n)
the father.
Art. 365. An adopted child shall bear the surname of the adopter.
Art. 375. In case of identity of names and surnames between ascendants and
descendants, the word "Junior" can be used only by a son. Grandsons and other
direct male descendants shall either:
(1) Add a middle name or the mother's surname, or
(2) Add the Roman Numerals II, III, and so on.
Art. 376. No person can change his name or surname without judicial authority.
REPUBLIC ACT NO. 8552 - AN ACT ESTABLISHING THE RULES AND
POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR
OTHER PURPOSES
ARTICLE I-GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the "Domestic Adoption Act of
1998."
SECTION 2. Declaration of Policies. — (a) It is hereby declared the policy of the
State to ensure that every child remains under the care and custody of his/her
parent(s) and be provided with love, care, understanding and security towards the
full and harmonious development of his/her personality. Only when such efforts
prove insufficient and no appropriate placement or adoption within the child's
extended family is available shall adoption by an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her
interest shall be the paramount consideration in accordance with the tenets set forth
in the United Nations (UN) Convention on the Rights of the Child; UN Declaration on
Social and Legal Principles Relating to the Protection and Welfare of Children with
Special Reference to Foster Placement and Adoption, Nationally and Internationally;
and the Hague Convention on the Protection of Children and Cooperation in Respect
of Intercountry Adoption. Toward this end, the State shall provide alternative
protection and assistance through foster care or adoption for every child who is
neglected, orphaned, or abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to
relinquish his/her parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological
parent(s);
(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 be administratively
or judicially declared so as to establish the status of the child as
"legally available for adoption" and his/her custody transferred to the
Persons provisions \ 2
Department of Social Welfare and Development or to any duly licensed
and accredited child-placing or child-caring agency, which entity shall
be authorized to take steps for the permanent placement of the child;
(iv) Conduct public information and educational campaigns to promote a
positive environment for adoption;
(v) Ensure that sufficient capacity exists within government and private
sector agencies to handle adoption inquiries, process domestic
adoption applications, and offer adoption-related services including,
but not limited to, parent preparation and post-adoption education and
counseling; and
(vi) Encourage domestic adoption so as to preserve the child's identity and
culture in his/her native land, and only when this is not available shall
intercountry adoption be considered as a last resort.
SECTION 3. Definition of Terms. — For purposes of this Act, the following terms
shall be defined as:
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption" refers to a child who has been voluntarily
or involuntarily committed to the Department or to a duly licensed and accredited
child-placing or child-caring agency, freed of the parental authority of his/her
biological parent(s) or guardian or adopter(s) in case of rescission of adoption.
(c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly
relinquishes parental authority to the Department.
(d) "Involuntarily committed child" is one whose parent(s), known or unknown, has
been permanently and judicially deprived of parental authority due to
abandonment; substantial, continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities.
(e) "Abandoned child" refers to one who has no proper parental care or
guardianship or whose parent(s) has deserted him/her for a period of at least six
(6) continuous months and has been judicially declared as such.
(f) "Supervised trial custody" is a period of time within which a social worker
oversees the adjustment and emotional readiness of both adopter(s) and adoptee in
stabilizing their filial relationship.
(g) "Department" refers to the Department of Social Welfare and Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the
Department to provide comprehensive child welfare services including, but not
limited to, receiving applications for adoption, evaluating the prospective adoptive
parents, and preparing the adoption home study.
(i) "Child-caring agency" is a duly licensed and accredited agency by the
Department that provides twenty four (24)-hour residential care services for
abandoned, orphaned, neglected, or voluntarily committed children.
(j) "Simulation of birth" is the tampering of the civil registry making it appear in the
birth records that a certain child was born to a person who is not his/her biological
mother, causing such child to lose his/her true identity and status.
ARTICLE II - PRE-ADOPTION SERVICES
SECTION 4. Counseling Service. — The Department shall provide the services of
licensed social workers to the following:
(a) Biological Parent(s) — Counseling shall be provided to the parent(s) before and
after the birth of his/her child. No binding commitment to an adoption plan shall be
permitted before the birth of his/her child. A period of six (6) months shall be
allowed for the biological parent(s) to reconsider any decision to relinquish his/her
child for adoption before the decision becomes irrevocable. Counseling and
rehabilitation services shall also be offered to the biological parent(s) after he/she
has relinquished his/her child for adoption.
Steps shall be taken by the Department to ensure that no hurried decisions are
made and all alternatives for the child's future and the implications of each
alternative have been provided.
(b) Prospective Adoptive Parent(s) — Counseling sessions, adoption fora and
seminars, among others, shall be provided to prospective adoptive parent(s) to
resolve possible adoption issues and to prepare him/her for effective parenting.
(c) Prospective Adoptee — Counseling sessions shall be provided to ensure that
he/she understands the nature and effects of adoption and is able to express
his/her views on adoption in accordance with his/her age and level of maturity.
SECTION 5. Location of Unknown Parent(s). — It shall be the duty of the
Department or the child-placing or child-caring agency which has custody of the
child to exert all efforts to locate his/her unknown biological parent(s). If such
efforts fail, the child shall be registered as a foundling and subsequently be the
subject of legal proceedings where he/she shall be declared abandoned.
SECTION 6. Support Services. — The Department shall develop a pre-adoption
program which shall include, among others, the above mentioned services.
ARTICLE III - ELIGIBILITY
SECTION 7. Who May Adopt. — The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal
rights, of good moral character, has not been convicted of any crime involving moral
turpitude, emotionally and psychologically capable of caring for children, at least
sixteen (16) years older than the adoptee, and who is in a position to support and
care for his/her children in keeping with the means of the family. The requirement
of sixteen (16) year difference between the age of the adopter and adoptee may be
waived when the adopter is the biological parent of the adoptee, or is the spouse of
the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the Republic
of the Philippines, that he/she has been living in the Philippines for at least three (3)
continuous years prior to the filing of the application for adoption and maintains
such residence until the adoption decree is entered, that he/she has been certified
by his/her diplomatic or consular office or any appropriate government agency that
he/she has the legal capacity to adopt in his/her country, and that his/her
government allows the adoptee to enter his/her country as his/her adopted
Persons provisions \ 3
son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be waived for
the following:
(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 Filipino
spouse; or
(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
(c) The guardian with respect to the ward after the termination of the guardianship
and clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter:
Provided, However, that the other spouse has signified his/her consent thereto;
or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate
son/daughter of the other, joint parental authority shall be exercised by the
spouses.
SECTION 8. Who May Be Adopted. — The following may be adopted:
(a) Any person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve 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 own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of said
parent(s).
SECTION 9. Whose Consent is Necessary to the Adoption. — After being properly
counseled and informed of his/her right to give or withhold his/her approval of the
adoption, the written consent of the following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the
proper government instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age 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; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV - PROCEDURE
SECTION 10. Hurried Decisions. — In all proceedings for adoption, the court shall
require proof that the biological parent(s) has been properly counseled to prevent
him/her from making hurried decisions caused by strain or anxiety to give up the
child, and to sustain that all measures to strengthen the family have been
exhausted and that any prolonged stay of the child in his/her own home will be
inimical to his/her welfare and interest.
SECTION 11. Case Study. — No petition for adoption shall be set for hearing unless
a licensed social worker of the Department, the social service office of the local
government unit, or any child-placing or child-caring agency has made a case study
of the adoptee, his/her biological parent(s), as well as the adopter(s), and has
submitted the report and recommendations on the matter to the court hearing such
petition.
At the time of preparation of the adoptee's case study, the concerned social worker
shall confirm with the Civil Registry the real identity and registered name of the
adoptee. If the birth of the adoptee was not registered with the Civil Registry, it
shall be the responsibility of the concerned social worker to ensure that the adoptee
is registered.
The case study on the adoptee shall establish that he/she is legally available for
adoption and that the documents to support this fact are valid and authentic.
Further, the case study of the adopter(s) shall ascertain his/her genuine intentions
and that the adoption is in the best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after the conduct
of the case studies, that the petition should be denied. The case studies and other
relevant documents and records pertaining to the adoptee and the adoption shall be
preserved by the Department.
SECTION 12. Supervised Trial Custody. — No petition for adoption shall be finally
granted until the adopter(s) has been given by the court a supervised trial custody
period for at least six (6) months within which the parties are expected to adjust
psychologically and emotionally to each other and establish a bonding relationship.
Persons provisions \ 4
During said period, temporary parental authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period if it
finds the same to be in the best interest of the adoptee, stating the reasons for the
reduction of the period. However, for alien adopter(s), he/she must complete the six
(6)-month trial custody except for those enumerated in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the prospective
adopter(s) through a pre-adoption placement authority issued by the Department,
the prospective adopter(s) shall enjoy all the benefits to which biological parent(s)
is entitled from the date the adoptee is placed with the prospective adopter(s).
SECTION 13. Decree of Adoption. — If, after the publication of the order of hearing
has been complied with, and no opposition has been interposed to the petition, and
after consideration of the case studies, the qualifications of the adopter(s), trial
custody report and the evidence submitted, the court is convinced that the
petitioners are qualified to adopt, and that the adoption would redound to the best
interest of the adoptee, a decree of adoption shall be entered which shall be
effective as of the date the original petition was filed. This provision shall also apply
in case the petitioner(s) dies before the issuance of the decree of adoption to
protect the interest of the adoptee. The decree shall state the name by which the
child is to be known.
SECTION 14. Civil Registry Record. — An amended certificate of birth shall be issued
by the Civil Registry, as required by the Rules of Court, attesting to the fact that the
adoptee is the child of the adopter(s) by being registered with his/her surname. The
original certificate of birth shall be stamped "cancelled" with the annotation of the
issuance of an amended birth certificate in its place and shall be sealed in the civil
registry records. The new birth certificate to be issued to the adoptee shall not bear
any notation that it is an amended issue.
SECTION 15. Confidential Nature of Proceedings and Records. — All hearings in
adoption cases shall be confidential and shall not be open to the public. All records,
books, and papers relating to the adoption cases in the files of the court, the
Department, or any other agency or institution participating in the adoption
proceedings shall be kept strictly confidential.
If the court finds that the disclosure of the information to a third person is
necessary for purposes connected with or arising out of the adoption and will be for
the best interest of the adoptee, the court may merit the necessary information to
be released, restricting the purposes for which it may be used.
ARTICLE V - EFFECTS OF ADOPTION
SECTION 16. Parental Authority. — Except in cases where the biological parent is
the spouse of the adopter, all legal ties between the biological parent(s) and the
adoptee shall be severed and the same shall then be vested on the adopter(s).
SECTION 17. Legitimacy. — The adoptee shall be considered the legitimate
son/daughter of the adopter(s) for all intents and purposes and as such is entitled
to all the rights and obligations provided by law to legitimate sons/daughters born
to them without discrimination of any kind. To this end, the adoptee is entitled to
love, guidance, and support in keeping with the means of the family.
SECTION 18. Succession. — In legal and intestate succession, the adopter(s) and
the adoptee shall have reciprocal rights of succession without distinction from
legitimate filiation. However, if the adoptee and his/her biological parent(s) had left
a will, the law on testamentary succession shall govern.
ARTICLE VI - RESCISSION OF ADOPTION
SECTION 19. Grounds for Rescission of Adoption. — Upon petition of the adoptee,
with the assistance of the Department if a minor or if over eighteen (18) years of
age but is incapacitated, as guardian/counsel, the adoption may be rescinded on
any of the following grounds committed by the adopter(s): (a) repeated physical
and verbal maltreatment by the adopter(s) despite having undergone counseling;
(b) attempt on the life of the adoptee; (c) sexual assault or violence; or (d)
abandonment and failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by
the adopter(s). However, the adopter(s) may disinherit the adoptee for causes
provided in Article 919 of the Civil Code.
SECTION 20. Effects of Rescission. — If the petition is granted, the parental
authority of the adoptee's biological parent(s), if known, or the legal custody of the
Department shall be restored if the adoptee is still a minor or incapacitated. The
reciprocal rights and obligations of the adopter(s) and the adoptee to each other
shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of
the adoptee and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date
of judgment of judicial rescission. Vested rights acquired prior to judicial rescission
shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the
penalties imposable under the Penal Code if the criminal acts are properly proven.
ARTICLE VII - VIOLATIONS AND PENALTIES
SECTION 21. Violations and Penalties. — (a) The penalty of imprisonment ranging
from six (6) years and one (1) day to twelve (12) years and/or a fine not less than
Fifty thousand pesos (P50,000.00), but not more than Two hundred thousand pesos
(P200,000.00) at the discretion of the court shall be imposed on any person who
shall commit any of the following acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud,
improper material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for
Persons provisions \ 5

adoption; or requirements as determined by the Department.

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

exploitation.
ARTICLE VIII - FINAL PROVISIONS

(b) Any person who shall cause the fictitious registration of the birth of a child under
SECTION 23. Adoption Resource and Referral Office. — There shall be established
the name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of
an Adoption Resources and Referral Office under the Department with the following
simulation of birth, and shall be punished by prision mayor in its medium period and
functions: (a) monitor the existence, number, and flow of children legally available
a fine not exceeding Fifty thousand pesos (P50,000.00).
for adoption and prospective adopter(s) so as to facilitate their matching; (b)
Any physician or nurse or hospital personnel who, in violation of his/her oath of
maintain a nationwide information and educational campaign on domestic adoption;
office, shall cooperate in the execution of the abovementioned crime shall suffer the
(c) keep records of adoption proceedings; (d) generate resources to help child-
penalties herein prescribed and also the penalty of permanent disqualification.
caring and child-placing agencies and foster homes maintain viability; and (e) do
policy research in collaboration with the Intercountry Adoption Board and other
Any person who shall violate established regulations relating to the confidentiality
concerned agencies. The office shall be manned by adoption experts from the public
and integrity of records, documents, and communications of adoption applications,
and private sectors.
cases, and processes shall suffer the penalty of imprisonment ranging from one (1)
year and one (1) day to two (2) years, and/or a fine of not less than Five thousand
SECTION 24. Implementing Rules and Regulations. — Within six (6) months from
pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), at the
the promulgation of this Act, the Department, with the Council for the Welfare of
discretion of the court.
Children, the Office of Civil Registry General, the Department of Justice, Office of
the Solicitor General, and two (2) private individuals representing child-placing and
A penalty lower by two (2) degrees than that prescribed for the consummated
child-caring agencies shall formulate the necessary guidelines to make the
offense under this Article shall be imposed upon the principals of the attempt to
provisions of this Act operative.
commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or where it
SECTION 25. Appropriations. — Such sum as may be necessary for the
involves two (2) or more children shall be considered as an offense constituting
implementation of the provisions of this Act shall be included in the General
child trafficking and shall merit the penalty of reclusion perpetua.
Appropriations Act of the year following its enactment into law and thereafter.
Acts punishable under this Article are deemed committed by a syndicate if carried
SECTION 26. Repealing Clause. — Any law, presidential decree or issuance,
out by a group of three (3) or more persons conspiring and/or confederating with
executive order, letter of instruction, administrative order, rule, or regulation
one another in carrying out any of the unlawful acts defined under this Article.
contrary to, or inconsistent with the provisions of this Act is hereby repealed,
Penalties as are herein provided, shall be in addition to any other penalties which
modified, or amended accordingly.
may be imposed for the same acts punishable under other laws, ordinances,
executive orders, and proclamations.
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
When the offender is an alien, he/she shall be deported immediately after service of
subsisting.
sentence and perpetually excluded from entry to the country.
Any government official, employee or functionary who shall be found guilty of
SECTION 28. Effectivity Clause. — This Act shall take effect fifteen (15) days
violating any of the provisions of this Act, or who shall conspire with private
following its complete publication in any newspaper of general circulation or in the
individuals shall, in addition to the above-prescribed penalties, be penalized in
Official Gazette.
accordance with existing civil service laws, rules and regulations: Provided, That
upon the filing of a case, either administrative or criminal, said government official,
Approved: February 25, 1998
employee, or functionary concerned shall automatically suffer suspension until the
resolution of the case.
RULES AND REGULATIONS TO IMPLEMENT
SECTION 22. Rectification of Simulated Births. — A person who has, prior to the THE DOMESTIC ADOPTION ACT OF 1998
effectivity of this Act, simulated the birth of a child shall not be punished for such Pursuant to the authority of the Department of Social Welfare and Development
act: Provided, That the simulation of birth was made for the best interest of the under Article VIII, Section 24 of Republic Act 8552, otherwise known as "The
child and that he/she has been consistently considered and treated by that person Domestic Adoption Act of 1998", the following Rules and Regulations are hereby
as his/her own son/daughter: Provided, further, That the application for correction promulgated to govern the adoption of Filipino children within the Philippines.
of the birth registration and petition for adoption shall be filed within five (5) years
from the effectivity of this Act and completed thereafter: Provided, finally, That such ARTICLE 1 - GENERAL PROVISIONS
person complies with the procedure as specified in Article IV of this Act and other SECTION 1. Affirmation of Policy. – It is the policy of the State to ensure
that every child remains under the care and custody of his/her biological parents
Persons provisions \ 6
and be provided with love, care, understanding and security toward the full
development of his/her personality. When care of the biological parents is
unavailable or inappropriate and no suitable alternative parental care or adoption
within the child’s extended family is available, adoption by an unrelated person shall
be considered. However, no direct placement of a child to a non-related shall be
countenanced.
Adoption is the most complete means whereby permanent family life can be
restored to a child deprived of his/her biological family.
The child’s best welfare and interest shall be the paramount consideration in all
questions relating to his/her care and custody.
SECTION 2. Applicability. – These Rules shall apply to the adoption in the
Philippines of a Filipino child by a Filipino or alien qualified to adopt under Article III,
Section 7 of RA 8552.
Adoption of a child by any member of his/her extended family shall likewise be
governed by these Rules.
ARTICLE 1I - DEFINITION OF TERMS
SECTION 3. Definition of Terms. – As used in these Rules, unless the
context otherwise requires, the following terms shall mean:
a. "Act" shall refer to Republic Act No. 8552 otherwise known as the "Domestic
Adoption Act of 1998."
b. "Department" shall refer to the Department of Social Welfare and
Development.
c. "Child" shall refer to a person below eighteen (18) years of age.
d. "A child legally available for adoption" shall refer to a child who has been
voluntarily or involuntarily committed to the Department or to a duly licensed
and accredited child-placing or child-caring agency, freed of the parental
authority of his/her biological parent(s) or guardian or adopter(s) in case of
rescission of adoption.
e. "Voluntarily committed child" shall refer to one whose parent(s) knowingly
and willingly relinquishes parental authority to the Department.
f. "Involuntarily committed child" shall refer to one whose parent(s), known
or unknown, has been permanently and judicially deprived of parental authority
due to abandonment; substantial, continuous or rejected neglect; abuse; or
incompetence to discharge parental responsibilities.
g. "Abandoned child" shall refer to one who has no proper parental care or legal
guardianship or whose parent(s) has deserted him/her for a period of at least
six (6) continuous months and has been judicially declared as such.
h. "Foundling" shall refer to a deserted or abandoned infant or a child found,
with parents, guardian, or relatives being unknown, or a child committed in an
orphanage or charitable or similar institution with unknown facts of birth and
parentage and registered in the Civil Register as a "foundling".
i. "Deed of Voluntary Commitment" shall refer to the written and notarized
instrument relinquishing parental authority and committing the child to the care
and custody of the Department executed by the child’s biological parent(s) or
by the child’s legal guardian in their absence, mental incapacity or death, to be
signed in the presence of an authorized representative of the Department after
counseling and other services have been made available to encourage the
child’s biological parent(s) to keep the child. A minor, after proper counseling by
a licensed social worker, may also execute the deed of voluntary commitment.
j. "Child Study Report" shall refer to a study of a child’s legal status, placement
history, psychological, social, spiritual, medical, ethno-cultural background, and
that of his/her biological family as basis in determining the most desirable
placement for him/her.
k. "Home Study Report" shall refer to a study of the motivation and capacity of
the prospective adoptive parents to provide a home that meets the needs of a
child.
l. "Matching" shall refer to the judicious selection from the regional or
interregional levels of a family for a child based on the child’s needs and in
his/her best interest as well as the capability and commitment of the adoptive
parents to provide such needs and promote a mutually satisfying parent-child
relationship.
m. "Supervised trial custody" shall refer to the period during which a social
worker oversees the adjustment and emotional readiness of both adopting
parents and adopted child in stabilizing their filial relationship
n. "Licensed Social Worker" shall refer to one who possesses a bachelor of
science in social work degree as a minimum education requirement and must
have passed the government licensure examination for social workers as
required by Republic Act 4373.
o. "Child-placing agency" shall refer to a private non-profitable or charitable
institution or government agency licensed and accredited by the Department to
provide comprehensive child welfare services including but not limited to,
receiving applications for adoption/foster care, evaluating the prospective
adoptive/foster parents preparing the home study and all other processes as
provided for in Article V of the Rules.
p. "Child-caring agency" shall refer to a private non-profitable or charitable
institution or government agency licensed and accredited by the Department
that provides twenty-four (24) hour residential care services for abandoned,
orphaned, neglected or voluntarily committed children
q. "Simulation of birth" shall refer to the tampering of the civil registry making
it appear in the birth records that a certain child was born to a couple or a
person who is not his/her biological mother and/or his/her biological father,
causing such child to lose his/her true identity and status.
r. "Extended Family" shall refer to a relative of a child both at the paternal and
maternal side within the fourth degree of consanguinity.
s. "Biological Parents" shall refer to the child’s mother and father by nature or
the mother alone if the child is unacknowledged illegitimate child.
t. "Prospective Adoptive Parent(s)" shall refer to person mentioned under
Section 7 of the Act who have filed an application for adoption.
u. "Prospective Adoptee" shall refer to one who is legally available for adoption
as defined in Section 3 (d) of this Rule or one who falls under the enumeration
in Section 8 of the Act.
v. "Pre-Adoption Services" shall refer to psycho-social services provided by
professionally trained social workers of the Department, the social services
units of local government, private and government health facilities, Family
Courts, licensed and accredited child-caring and child-placing agency and such
Persons provisions \ 7
other individuals or entities involved in adoption as may be authorized by the
Department.
w. "Post-Adoption Services" shall refer to psychosocial services and support
services provided by professionally trained social workers from offices above-
mentioned after the issuance of the Decree of Adoption.
x. "Residence" shall refer to a person’s actual and legal stay in the Philippines
for three (3) continuous years immediately prior to the filing of application for
adoption and maintains such residence until the adoption decree is entered;
Provided that temporary absences for professional, business or emergency
reasons not exceeding sixty (60) days in one (1) year shall not be considered
as breaking the continuity requirement; Provided further that the Department
may extend this period in meritorious cases.
y. "Alien" shall refer to any person, not a Filipino citizen, who enters and remains
in the Philippines and in possession of a valid passport or travel documents and
visa.
ARTICLE 111 - PRE-ADOPTION SERVICES
SECTION 4. Pre-Adoption Services. – Pre-Adoption Services including
counseling shall be provided by professionally trained social workers of the
Department, the social services units of local government, private and government
health facilities, Family Courts, licensed and accredited child-caring and child-placing
agency and such other individuals or entities involved in adoption as may be
authorized by the Department to the following:
1. Biological Parent(s)
1. Biological Parents shall be counseled regarding their options:
a. to keep the child and avail of services and assistance;
b. avail of temporary child care arrangements such as foster care; or
c. relinquish the child for adoption
2. Counseling shall be provided in a language and manner understandable to
the biological parent(s)/legal guardian on the implications of relinquishing
his/her parental authority over the child focusing on:
a. the loss of parental rights over the child and as a rule, not having
further contact with the child;
b. the importance of providing relevant information on the child, their
own medical history and family background;
c. the possibility that the child may be placed for adoption within the
Philippines or in a foreign country;
d. the possibility that in the future, there may be communication with the
child at their or the child’s initiative.
e. the right to reconsider his/her decision to relinquish his/her child
within six (6) months from signing the Deed of Voluntary Commitment
(DVC) subject to assessment by the Department.
3. Continuing services shall be provided after relinquishment to cope with
feelings of loss, etc. and other services for his/her reintegration to the
community.
4. The biological parent(s) who decided to keep the child shall be provided with
adequate services and assistance to fulfill parental responsibilities.
2. Prospective Adoptive Parent(s)
1. Biological Parents shall be counseled regarding their options:
a. to disseminate basic information about adoption including the adoption
process and procedures and the effects of adoption.
b. to inform them of the general background of children in need of
adoptive homes including children with special needs;
c. to develop among prospective adoptive parents a respect for the
child’s biological origin and an awareness of the importance of telling
the child that he/she is adopted.
d. To provide a support group for adoptive parents which shall give them
a venue for sharing their adoption experiences.
2. A certificate shall be issued by the Department to the prospective adoptive
parents attesting that they have undergone pre-adoption services. The
certificate shall be made a pre-requisite of the homestudy.
3. Prospective Adoptee
1. A prospective adoptee shall be provided with counseling and other support
services appropriate to his/her age and maturity, and in a manner and
language that the child comprehends, especially to enable him/her to
understand why he/she has been relinquished for adoption.
2. In the case of a prospective adoptee whose consent to his/her own adoption
is necessary, the social worker/counselor shall consider the child’s wishes and
opinions, ensure that his/her consent is voluntary and duly inform him/her of
the effects of such consent.
SECTION 5. Location of Unknown Parent(s). – It shall be the duty of the
Department or the child-caring or child-placing agency which has custody of the
child to exert all efforts to locate his/her unknown biological parents.
The following shall be sufficient proof that such efforts to locate the biological
parents, guardians or relatives have been made:
a. Certification from radio and/or TV stations that the case was aired on three
(3) different occasions; and
b. Publication in newspapers of general or local circulation whichever is
appropriate to the circumstances.
If the biological parent(s) is located, he/she will be assessed to determine their
willingness to keep the child and their parenting capability. If reunification is desired
it shall be effected after the parent(s) and child undergo counseling.
If efforts to locate child’s parent/s fail, the child shall be registered as a foundling
and within three (3) months from the time he/she is found, be the subject of legal
proceedings where he/she shall be declared abandoned. If the child’s parents are
located but reunification is not desired, the parent(s) shall execute a deed of
voluntary commitment to the department.
SECTION 6. Support Services. – the Department and other authorized
agencies shall organize and assist groups for adoptive parents, biological parents
Persons provisions \ 8
and adoptees, provide parent and family life education sessions and referral for
specialized services.
ARTICLE IV - ELIGIBILITY
SECTION 7. Who May Adopt. – any Filipino citizen or alien residing in the
Philippines who has the qualification and none of the disqualifications under the Act
may be eligible to adopt if he/she:
a. is of legal age.
b. is at least sixteen (16) years older than the adoptee; Provided, however
that the minimum age gap between the adopter and the adoptee may not
be required if the adopter is the biological parent or sibling of the adoptee
or the spouse of the adoptee’s parent;
c. has the capacity to act and assume all the rights and duties incident to the
exercise of parental authority;
d. is of good moral character and has not been convicted of any crime
involving moral turpitude;
e. is in a position to support, educate and care for his/her legitimate and
illegitimate children and the child to be adopted in keeping with the means
of the family;
f. has undergone pre-adoption services as required in Section 4 of the Act.
In addition to these qualifications, an alien may adopt if he/she:
a. is a citizen of a state which has diplomatic relations with the Philippines;
b. has been certified by his/her diplomatic or consular office or any
appropriate agency that:
i. he/she is qualified to adopt in his/her country; and
ii. his/her government will allow the adoptee to enter the adopter’s
country and reside there permanently as an adopted child;
c. has submitted the necessary clearances and such other certifications as
may be required by the Department.
SECTION 8. Who May Be Adopted – the following may be adopted:
a. any person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption in accordance with the procedures as
indicated in Articles 142 to 155 of the P.D. 603: The Child and Youth Welfare
Code;
b. the legitimate son/daughter of one spouse by the other spouse.
c. the illegitimate son/daughter by a qualified adopter to improve 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 own child since minority.
e. a child whose adoption has previously been rescinded; or
f. a child whose biological or adoptive parent(s) has died: Provided, that no
proceedings shall be initiated within six (6) months from the time of death of
said parent(s)
SECTION 9. Persons Whose Consent Is Necessary To The Adoption. – In
addition to the Consent to Adopt by the Department under Section 22 of these
Rules, the written consent of the following persons to the adoption shall be given in
the required legal form and attached to every petition for adoption:
a. the prospective adoptee, if ten (10) years of age or over.
b. the prospective adoptee’s biological parents of the child or legal guardian;
c. the prospective adopter’s legitimate and adopted sons/daughters who are ten
(10 years of age or over and, if any illegitimate sons/daughters living with
them;
d. the prospective adopter’s spouse in appropriate cases; and prospective adopted
in appropriate cases.
The foregoing consent shall be given freely after they have been properly counseled
as required under Section 4 by a social worker who shall attest in the same
document that the required counseling and information have been given.
ARTICLE V - PROCEDURE
SECTION 10. Hurried Decision. – In all proceedings for adoption, a
comprehensive study report prepared by a licensed social worker shall be submitted
to the court as proof that the biological parent(s) has been properly counseled and
provided other support services:
1. to exhaust all measures to strengthen family ties and keep the child;
2. to ensure that their decision to relinquish their child for adoption is not caused
by stress, anxiety or pressure; and
3. to ascertain that such decision does not result in improper financial gain for
those involved in it.
SECTION 11. Attendance In Adoption Fora and Seminar. – In accordance
with Section 4.2 of these Rules, prospective adoptive parents shall attend adoption
fora and seminars prior to filing their application to adopt.
SECTION 12. Fees and Charges. – Pursuant to Section 23 (d) of the Act, child-
caring and child-placement agencies may charge reasonable fees as determined by
the Department to cover expenses in providing adoption services. The applicant(s)
shall be apprised of the fees at the start of the adoption process.
SECTION 13. Application for Adoption. – A person eligible to adopt under
Article III, Section 7 of the Act who desires to adopt a child in the Philippines
whether a relative or not has attended adoption fora and seminar, shall file his/her
application for adoption with the Department directly or with a social service office
of a local government unit, or with any licensed accredited child placing agency.
Spouses shall file their application jointly.
SECTION 14. Preparation of Home Study Report. – A home study report of
the applicant shall be prepared by a licensed and accredited social worker of the
Department, or social service office of the local government unit or licensed and
accredited child-placing agency where pre application is filed who shall conduct
home visits to the applicants to determine capacity to adopt and possession of
qualification. The Home study report shall clearly indicate whether the applicant is
being recommended for child placement or not. The applicant’s Home study Report
shall be accompanied by the following documents/certifications:
1. Authenticated birth certificate
2. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal
Separation documents;
3. Written consent to the adoption by the legitimate and adopted sons/daughters,
and illegitimate sons/daughters if living with the applicant, who are at least ten
(10) years old;
Persons provisions \ 9
4. Physical and medical evaluation by a duly licensed physician and psychological
evaluation by a psychologist;
5. NBI/Police Clearance
6. Latest income tax return or any other documents showing financial capability,
e.g. Certificate of Employment, Bank Certificate or Statement of Assets and
Liabilities;
7. Three (3) character references, namely from the local church/minister, the
employer, and a non-relative member of the immediate community who have
known the applicant(s) for at least three (3) years;
8. 3x5 sized pictures of the applicant(s) and his/her immediate family taken within
the last three (3) months;
9. Certificate of attendance to pre-adoption fora or seminars.
In addition, foreign nationals shall submit the following:
10. Certification that the applicant(s) have legal capacity to adopt in his/her
country and that his/her country has a policy, or is a signatory of an
international agreement, which allows a child adopted in the Philippines by its
national to enter his/her country and permanently reside therein as his/her
legitimate child which may be issued by his/her country’s diplomatic or consular
office or central authority n intercountry adoption or any government agency
which has jurisdiction over child and family matters; or in the absence of any of
the foregoing, the Philippine Intercountry Adoption Board may also certify that
the Philippines and the applicants’ country have an existing agreement or
arrangement on intercountry adoption whereby a child who has been adopted
in the Philippines or has a pre-adoption placement approved by the Board is
allowed to enter and remain as permanent resident in the applicant’s country as
his/her legitimate child.
11. Certificate of Residence in the Philippines issued by the Bureau of Immigration
or Department of Foreign Affairs, as appropriate;
12. Two (2) character references from a non-relatives who knew the applicant(s) in
the country of which he/she is a citizen or was a resident prior to residing in the
Philippines, except for those who have resided in the Philippines for more than
fifteen (15) years;
13. Police Clearance from all places of residence in the past two years immediately
prior to residing in the Philippines.
In the case of an applicant who is residing abroad, but is otherwise qualifies to
adopt in the Philippines under the provisions of the Act, the Homestudy report shall
be prepared by an accredited foreign adoption agency. However, a certification from
the Intercountry Adoption Board shall be required to ensure that said agency is
accredited.
SECTION 15. Disapproval of Adoption Application. – the applicants shall be
informed as soon as possible about the approval or disapproval of the adoption
application. In case of disapproval, the social worker shall help them understand the
reasons for their disapproval and shall assist or refer them for appropriate services
in areas where they need to be helped. Except when found by the social worker that
such application can no longer be considered, there shall be no prejudice to future
application of said applicants.
SECTION 16. Certificate Of Availability Of Child For Adoption. – No child
shall be placed for adoption unless a clearance has been obtained from the
Department that said child is available for adoption. The Department shall not issue
such certification unless the child Study Report prepared by a duly licensed and
accredited social worker of the Department, or of a child caring agency recommends
that the child’s best interest will be served by adoption.
The Department shall issue the Certificate of Availability for Adoption not later than
fifteen (15) days after expiration of the six (6) month period after execution of Deed
of Voluntary Commitment by the child’s parents or legal guardian required under PD
No. 603 or the Child and Youth Welfare Code or after receipt of entry of judgement
in case of involuntary commitment. Copy of the Certificate of Availability for
Adoption and Child Study Report shall be sent to the Child Welfare Specialist Group
(CWSG) for purpose of placement of the child for adoption.
SECTION 17. Supporting Documents Of Child Study Report. – The child
study report shall be prepared only by a licensed and accredited social worker of the
Department or child caring agency not involved in child placement. Such child study
report shall include assessment and recommendations of the social worker as to the
alternative child custody and care appropriate for the child.
The following documents shall accompany the child report:
1. Authenticated birth or foundling certificate, when appropriate;
2. Written Consent to adoption by the biological parent(s) or the legal guardian
and the written consent of the child if at least ten (10) years old, signed in the
presence of the social worker of the Department or child caring agency after
proper counseling as prescribed in Section III of these Rules;
3. Death Certificate of biological parents, Decree of abandonment or Deed of
Voluntary Commitment, as appropriate;
4. Medical evaluation of the child and his/her parent(s), if available;
5. Psychological Evaluation when appropriate;
6. Picture of the child
SECTION 18. Submission Of Case Records Of Prospective Adoptees and
Prospective Adoptive Parents. – Case Records of prospective adoptees and
prospective adoptive parents shall be submitted to the concerned Adoption Resource
and Referral Office (ARRO) which was established according to Section 23 of the Act
for matching.
SECTION 19. Matching. – The matching of the child to an approved adoptive
parent(s) shall be carried out during the regular matching conference by the
Matching Committee otherwise called the Child Welfare Specialist Group (CWSG) in
the regional level where the social workers of the child and family are present.
Subject to approval of the Department, the CWSG shall fix its own internal rules and
procedures in accordance with the rules of Court; Provided, however, that records of
children and approved adoptive parent/s not matched within thirty (30) days in the
regional level shall be forwarded to the Department’s Central Office for interregional
matching; Provided further that children with special needs shall be immediately
forwarded if not matched in the first meeting, except under special circumstances.
The matching proposal made by the CWSG shall be approved by the Department.
SECTION 20. Interregional Matching. – Records of prospective adoptees and
approved adoptive parent/s not matched in the regional level shall be forwarded to
the Department’s Central Office for interregional matching by the Interregional
Adoptive Placement Committee whose internal rules and procedures shall be
established by the Department.
Persons provisions \ 10
SECTION 21. Pre-Placement. – The respective social worker who prepared the
reports shall also prepare the adoptive family and the child, physically and
psychologically before actual placement.
SECTION 22. Placement. – The physical transfer of a child from a child caring
agency or foster home to the prospective adoptive parents who shall be responsible
for his/her care and custody shall be made after the necessary form are
accomplished and the Pre-Adoption Placement Authority (PAPA) has been issued
after approval of the Regional Director for placement within the region or by the
Department Secretary or his/her duly authorized representative in cases of
interregional placements.
SECTION 23. Supervised Trial Custody. – The placement of the child shall
take effect upon issuance of the Pre-Adoption Placement Authority by the
Department after which the supervised trial custody shall commence.
During the supervised trial custody, the social worker shall conduct monthly home
visits to monitor adjustment of the prospective adopter(s) and child to each other
and submit progress report to the Department. A copy of these reports shall be
given to the child caring agency where the child came from.
The court may upon its own motion or on motion of the petitioner, reduce or
dispense with the trial period if it finds that it is to the best interest of the child. In
such case, the court shall state its reasons for reducing said period.
SECTION 24. Disruption of Pre-Adoptive Placement. – If the
placement/relationship is found unsatisfactory by the child or the adopter(s), or
both, or if the social worker finds that the continued placement of the child is not in
the child’s best interest, said relationship/placement shall be suspended by the
Department which shall recommend to the Adoption Resource and Referral Office to
consider another possible placement. Should there be no available prospective
adoptive family, the Department shall arrange for the child’s temporary care. No
termination of placement shall be made unless it is shown that the social worker has
exhausted all efforts to remove the cause of the unsatisfactory
relationship/placement within a reasonable period of time.
SECTION 25. New Placement. – In the event of the disruption of the pre-
adoptive placement, the Department shall arrange without delay a new placement
of the child, or, if inappropriate, other alternative long term care. The consent of the
child to the measures taken under this section shall be obtained having regard to
his/her age and level of maturity in particular.
SECTION 26. Consent to Adoption. – If the adjustment of the child/adopter(s)
is satisfactory, the social worker shall forward to the Department the final
supervisory report which shall include the recommendation for the issuance of the
written consent to adoption to be executed by the Department.
SECTION 27. Filing Of Petition For Adoption. – the prospective adoptive
parent(s) shall initiate judicial proceeding by filing the petition to adopt not later
than 30 days from date of receipt of the Department’s written consent to adoption.
SECTION 28. Issuance of Decree of Adoption and Entry of Judgement. –
If, after considering the recommendation and reports of the social worker and other
evidence, the Court is satisfied that the adopter(s) are qualified to adopt, then an
adoption decree and an Entry of Judgement shall be issued stating the name by
which the child is to be known. A copy of the decree of adoption shall be forwarded
to the Department. The effectivity of the decree shall be as of the date of the
original petition was filed.
SECTION 29. Travel Authority of Adopted Child. – No adoptee shall be
issued a travel authority unless a decree of adoption has already became final and
executory. In this respect, the amended birth certificate shall be presented. If for
any valid reason the same cannot be presented, the application for travel authority
shall be accompanied by the duplicate original or certified true copy of the decree of
adoption and entry of judgement issued by the court which promulgated the
decision and a certification from the Office of the Solicitor General at the decision is
final and executory and that no appeal there from has been filed by the said office.
SECTION 30. Recording Of The Court Decision. – A court decision on
adoption as well as the finality of decision shall be submitted by the clerk of court or
in his default, by the adopting parent(s), to the Local Civil Registry Office of the
City/municipality where the court issuing the same is situated, for entry in the
Register of Court Decrees, not later that thirty (30) days after the court decision has
become final and executory. Such Local Civil Registry Office shall submit one copy of
the court decision to the Local Civil Registrar of the city or municipality where the
birth of the adopted child was registered and the latter office shall have the duty to
prepare the amended certificate of live birth of the adopted child.
SECTION 31. Civil Registry Record. – The adopted child shall be entitled to
the issuance of a new certificate of live birth. Amendment to the certificate of live
birth shall be done in accordance with the rules and regulations promulgated by the
Office of the Civil Registrar General and Section 14 of the Act.
A copy of the new birth certificate shall be transmitted by the local civil registrar to
the National Statistics Office within 30 days from registration.
SECTION 32. Post Adoption Services. – Post Adoption Services which shall
include counseling shall be made available by the social workers of the Department,
social services unit of the local government, child placing and child caring agencies
to develop the adoptee, adopter and the biological parents.
ARTICLE VI - EFFECTS OF ADOPTION
SECTION 33. Effects of Adoption. – Adoption shall have the following effects:
1. sever all legal ties between the biological parents and the adoptee, except when
the biological parent is the spouse of the adopter;
2. Deem the adoptee as a legitimate child of the adopter;
3. Give adopter and adoptee reciprocal rights and obligations arising from the
relationship of parent and child, including but not limited to:
i. the right of the adopter to choose the name, the child’ is to be known;
and
ii. the right of the adopter and adoptee to legal and compulsory heirs of
each other
SECTION 34. Benefits. – the adoptive parents shall, with respect to the
adopted child, enjoy all the benefits to which biological parents are entitled.
Maternity and paternity benefits and other benefits given to biological parents upon
the birth of a child shall be enjoyed if the adoptee is below seven (7) years of age
as of the date the child is placed with the adoptive parents thru the Pre-Adoptive
Placement Authority issued by the Department.
Persons provisions \ 11
ARTICLE VII - RESCISSION OF ADOPTION
SECTION 35. Grounds for Rescission. – Adoption being in the best interest of
the child, shall not be subject to rescission by the adopter(s). The adoption may be
rescinded only upon the petition of the adoptee with the assistance of the
Department, if a minor or if over eighteen (18) years of age but is incapacitated, on
any of the following grounds committed by the adopter(s):
1. Repeated physical and verbal maltreatment by the adopter(s) despite having
undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4. Abandonment and failure to comply with parental obligations
SECTION 36. Disinheritance of Adoptee. – the adopter(s) may disinherit the
adoptee for cause provided in Article 919 of the Civil Code.
SECTION 37. Effects of Rescission. – Rescission of Adoption shall have the
following effects.
1. Restoration of parental authority of the adoptee’s biological parent(s), if known
or the legal custody of the Department of the adoptee if still a minor or
incapacitated.
2. The reciprocal rights and obligations of the adopter(s) and the adoptee to each
other shall be extinguished.
3. Cancellation of the new birth certificate of the adoptee by the Civil Registrar as
ordered by the court and restoration of the adopter’s original birth certificate.
4. Succession rights shall revert to its status prior to adoption but only as of the
date of judgement of judicial rescission.
5. Vested rights acquired prior to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the
penalties imposable under the Penal Code if the criminal acts are properly proven.
ARTICLE VIII - ADOPTION RESOURCE AND REFERRAL OFFICE
SECTION 38. Functions. – The Adoption Resource and Referral Office (ARRO)
shall be under the supervision of the Department’s Central Office and Regional
Office Director.
The functions of the ARRO shall include the following:
1. Monitor the existence, number and flow of children legally available for adoption
and prospective adopter(s), so as to facilitate their matching;
2. Maintain a nationwide/regional information and educational campaign o
domestic adoption;
3. Keep records of adoption proceedings;
4. Generate resources to help child-caring and child-placing agencies and maintain
viability;
5. Do policy research in collaboration with the Intercountry Adoption Board and
other concerned agencies; and
6. Act as the Secretariat to the Child Welfare Specialist Group (CWSG) during
Interregional/regional matching conferences.
SECTION 39. Composition Of the CSWG. – The CWSG shall have five (5)
members composed of a social worker of the Department, a lawyer specializing on
child and youth welfare cases, a physician, a psychiatrist or psychologist, and a
representative of a non-government organization of adoptive parents or child
welfare agencies who shall be selected in consultation with the recognized
association or organization of adoptive parents and child caring agencies.
The Department shall appoint qualified persons who shall serve in the CWSG for a
term of two (2) years which may be renewed for another term.
Only CWSG members who are not with the Department shall be entitled to a per
diem for every meeting attended but not to exceed four (4) meetings a month.
SECTION 40. Functions Of The CWSG. – The CWSG shall have the following
functions:
1. Match children for adoption
2. Implement an integrated system and network of selection and matching of
applicants and children;
3. Initiate, review and recommend changes in policies concerning child placement
and other matters related to child welfare;
4. Perform such other functions and duties as may be prescribed by the
Department.
ARTICLE IX - PROCEDURE FOR RECTIFICATION OF SIMULATED BIRTH
SECTION 41. Procedure for Rectification. – A person who has under his care
and custody a child whose birth registration has been simulated to make it appear
that the child is his/her own son or daughter shall file in the appropriate court an
application for correction of the birth registration and for adoption of the child. For
the purpose of availing of the benefit under Section 22 of the Act, said person shall
initiate said proceedings within five (5) years from the effectivity of the Act and
shall thereafter complete said proceedings wherein he/she shall prove that the
simulation of birth was made for the best interest of the child, and the child has
been consistently considered and treated as his/her own son/daughter. The
Department shall conduct its own child and home study reports through a licensed
and duly accredited social worker to determine if said conditions exist.
In all cases of rectification of simulated birth and adoption of said child, the
Department shall secure a deed of voluntary commitment executed by the child’s
biological parent(s) or a judicial declaration of abandonment transferring legal
custody of the child to the Department; Provided that if adoption by the person who
has custody of the child is recommended, said person shall retain custody of the
child unless the court decided otherwise.
Any publication to determine the whereabouts of the child’s biological parents and
relatives shall be limited to the circumstances at the time the child was found
without revealing the present identity of the child and his/her current custodian.
Any inquiries regarding the child shall be directed to the Department.
ARTICLE X - REGISTRATION OF BIRTH
SECTION 42. Registration of Birth. – All hospitals, attending physicians and
midwives in attendance at the birth of a child shall register such birth of a child not
later than 30 days from the date of said birth as required under the Civil Register
Law.
ARTICLE XI - CONFIDENTIALITY OF ADOPTION RECORDS
SECTION 43. Confidentiality. – All records, documents and court proceedings
relating to the adoption shall be confidential. No copy thereof shall be released
without determination that it is for reasons substantially connected with or arising
out of the adoption.
Persons provisions \ 12
In such event, records and information shall be disclosed in a way that will prevent
persons who do not have a legitimate interest, from learning the fact that a person
has been adopted or, if that is revealed, the identity of his/her biological parents.
ARTICLE XII - REPORTING VIOLATIONS
SECTION 44. Office In Charge of Handling Violations. – The CWSG, child
caring/placing agency and every person who has knowledge of any violation under
the Act or related laws shall immediately report the same to the nearest police
station, local government unit or office of the Department who shall act thereon
within twenty-four (24) hours from receipt of the report. Any delay or negligence in
acting on the violations shall be dealt with criminally and administratively.
Failure of adopters to initiate legalization of the adoption of children placed in their
care and custody within six (6) months from the end of supervised trial custody
shall be considered an act not in the best interest of the child.
ARTICLE XIII - VIOLATIONS AND PENALTIES
Any person who shall violate any of the provisions of the act shall be dealt with
accordingly pursuant to Article VII Section 21 of the Act.
ARTICLE XIV - FINAL PROVISIONS
SECTION 45. Interpretation Of The Provisions Of The Rule. – Any doubt or
ambiguity in the provisions of these Rules shall be interpreted in the best interest of
the child.
SECTION 46. Repealing Clause. – All rules and regulations, orders,
resolutions, and parts thereof inconsistent with the provisions of this Rules are
hereby repealed or modified accordingly.
SECTION 47. Separability Clause. – If for any reason, any section or provision
of these Rules is declared unconstitutional or invalid, the other sections or
provisions hereof which are not affected shall continue in full force and effect.
SECTION 48. Effectivity. – These Rules shall take effect fifteen (15) days after
its publication in two (2) newspapers of general circulation, except those which
pertain to self-executing provision of this Act.
Approved in _____________________________ this _____ day of _______ in the
year of our Lord, Nineteen Hundred and Ninety Eight.
Approved by:
The Joint Social Development Committee, Cabinet Level, Cabinet Cluster C
14th Draft, October 30, 1998
REPUBLIC ACT NO. 8043 - AN ACT ESTABLISHING THE RULES TO GOVERN
INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
ARTICLE I - GENERAL PROVISIONS
SECTION 1. Short Title.- This Act shall be known as the "Inter-Country Adoption
Act of 1995."
SEC. 2. Declaration of Policy.- It is hereby declared the policy of the State to
provide every neglected and abandoned child with opportunities for growth and
development. Towards this end, efforts shall be exerted to place the child with an
adoptive family in the Philippines. However, recognizing that inter-country adoption
may be considered as allowing aliens, not presently allowed by law to adopt Filipino
children if such children cannot be adopted by qualified Filipino citizens or aliens,
the State shall take measures to ensure that inter-country adoptions are allowed
when the same shall prove beneficial to the child's best interests, and shall serve
and protect his/her fundamental rights.
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 field, 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 sooner
emancipated by law.
c) Department refers to the Department of Social Welfare and Development of the
Republic of the Philippines.
d) Secretary refers to the Secretary of the Department of Social Welfare and
Development.
e) Authorized and accredited agency refers to the State welfare agency or a
licensed adoption agency in the country of the adopting parents which provide
comprehensive social services and which is duly recognized by the Department.
f) Legally-free child means a child who has been voluntarily or involuntarily
committed to the Department, in accordance with the Child and Youth Welfare
Code.
g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a
mutually satisfying parent-child relationship.
h) Board refers to the Inter-country Adoption Board.
ARTICLE II - THE INTER-COUNTRY ADOPTION BOARD
SEC. 4. The Inter-Country Adoption Board.- There is hereby created the Inter-
Country Adoption Board, hereinafter referred to as the Board, to act as the central
authority in matters relating to inter-country adoption. It shall act as the policy-
making body for purposes of carrying out the provisions of this Act, in consultation
and coordination with the Department, the different child-care and placement
agencies, adoptive agencies, as well as non-governmental organizations engaged in
child-care and placement activities. As such, it shall:
a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any
other practice in connection with adoption which is harmful, detrimental, or
prejudicial to the child;
b) Collect, maintain, and preserve confidential information about the child and the
adoptive parents;
c) Monitor, follow-up, and facilitate completion of adoption of the child through
authorized and accredited agency;
Persons provisions \ 13
d) Prevent improper financial or other gain in connection with an adoption and
deter improper practices contrary to this Act;
e) Promote the development of adoption services including post-legal adoption;
f) License and accredit child-caring/placement agencies and collaborate with them
in the placement of Filipino children;
g) Accredit and authorize foreign adoption agency in the placement of Filipino
children in their own country; and
h) Cancel the license to operate and blacklist the child-caring and placement
agency or adoptive agency involved from the accreditation list of the Board
upon a finding of violation of any provision under this Act.
SEC. 5. Composition of the Board. - The Board shall be composed of the
Secretary of the Department as ex-officio Chairman, and six (6) other members to
be appointed by the President for a nonrenewable term of six (6) years: Provided,
That there shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers
who shall have at least the qualifications of a regional trial court judge, one (1)
registered social worker and two (2) representatives from non-governmental
organizations engaged in child-caring and placement activities. The members of the
Board shall receive a per diem allowance of One thousand five hundred pesos
(P1,500.00) for each meeting attended by them: Provided, further, That no
compensation shall be paid for more than four (4) meetings a month,
SEC. 6. Powers and Functions of the Board.- The Board shall have the following
powers and functions:
a) to prescribe rules and regulations as it may deem reasonably necessary to
carry out the provisions of this Act, after consultation and upon favorable
recommendation of the different agencies concerned with child-caring,
placement, and adoption;
b) to set the guidelines for the convening of an Inter-country Adoption Placement
Committee which shall be under the direct supervision of the Board;
c) to set the guidelines for the manner by which selection/matching or prospective
adoptive parents and adoptive child can be made;
d) to determine a reasonable schedule of fees and charges to be exacted in
connection with the application for adoption;
e) to determine the form and contents of the application for inter-country
adoption;
f) to formulate and develop policies, programs and services that will protect the
Filipino child from abuse, exploitation, trafficking and other adoption practice
that is harmful, detrimental and prejudicial to the best interest of the child;
g) to institute systems and procedures to prevent improper financial gain in
connection with adoption and deter improper practices which are contrary to
this Act;
h) to promote the development of adoption services, including post-legal adoption
services;
i) to accredit and authorize foreign private adoption agencies which have
demonstrated professionalism, competence and have consistently pursued non-
profit objectives to engage in the placement of Filipino children in their own
country: Provided, That such foreign private agencies are duly authorized and
accredited by their own government to conduct inter-country adoption:
Provided, however, That the total number of authorized and accredited foreign
private adoption agencies shall not exceed one hundred (100) a year;
j) to take appropriate measures to ensure confidentiality of the records of the
child, the natural parents and adoptive parents at all times;
k) to prepare, review or modify; and thereafter, recommend to the Department of
Foreign Affairs, Memoranda of Agreement respecting inter-country adoption
consistent with the implementation of this Act and its stated goals, entered
into, between and among foreign governments, international organizations and
recognized international non-governmental organizations;
l) to assist other concerned agencies and courts in the implementation of this Act,
particularly as regards coordination with foreign persons, agencies and other
entities involved in the process of adoption and the physical transfer of the
child; and
m) to perform such other functions on matters relating to inter-country adoption as
may be determined by the President.
ARTICLE III - PROCEDURE
SEC. 7. Inter-Country Adoption as the Last Resort.- The Board shall
ensure that all possibilities for adoption of the child under the Family Code have
been exhausted and that inter-country adoption is in the best interest of the child.
Towards this end, the Board shall set 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
adoption: Provided, however, That the maximum number that may be allowed for
foreign adoption shall not exceed six hundred (600) a year for the first five (5)
years.
SEC. 8. Who May be Adopted.- Only a legally free child may be the subject of
inter-country adoption. In order that such child may be considered for placement,
the following documents must be submitted to the Board:
a) Child study;
b) Birth certificate/founding certificate;
c) Deed of voluntary commitment/decree of abandonment/death certificate of
parents;
d) Medical evaluation/history;
e) Psychological evaluation, as necessary; and
f) Recent photo of the child.
SEC. 9. Who May Adopt.- Any alien or a Filipino citizen permanently residing
abroad may file an application for inter-country adoption of a Filipino child if he/she;
a) is at least twenty-seven (27) years of age and at least sixteen (16) years older
than the child to be adopted, at the time of application unless the adaptor is the
parent by nature of the child to be adopted or the spouse of such parent;
Persons provisions \ 14
b) if married, his/her spouse must jointly file for the adoption;
c) has the capacity to act and assume all rights and responsibilities of parental
authority under his national laws, and has undergone the appropriate
counselling from an accredited counsellor in his/her country;
d) has not been convicted of a crime involving moral turpitude;
e) is eligible to adopt under his/her nation law;
f) is in a position to provide the proper care and support and to give the
necessary moral values and example to all his children, including the child to be
adopted;
g) agrees to uphold the basic rights of the child as embodied under Philippine
laws, the U.N. Convention on the Rights of the Child, and to abide by the rules
and regulations issued to implement the provisions of this Act;
h) comes from a country with whom the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and
that adoption is allowed under his/her national laws; and
i) possesses all the qualifications and none of the disqualifications provided herein
and in other applicable Philippine laws.
SEC. 10. Where to File Application.- An application to adopt a Filipino child
shall be field either with the Philippine Regional Trial Court having jurisdiction over
the child, or with the Board, through an intermediate agency, whether governmental
or an authorized and accredited agency, in the country of the prospective adoptive
parents, which application shall be in accordance with the requirements as set forth
in the implementing rules and regulations to be promulgated by the Board.
The application shall be supported by the following documents written and
officially translated in English:
a) Birth certificate of applicant(s);
b) Marriage contract, if married, and divorce decree, if applicable;
c) Written consent of their biological or adopted children above ten (10) years of
age, in the form of sworn statement;
d) Physical, medical and psychological evaluation by a duly licensed physician and
psychologist;
e) Income tax returns or any document showing the financial capability of the
applicant(s);
f) Police clearance of applicant(s);
g) Character reference from the local church/minister, the applicant's employer
and a member of the immediate community who have known the applicant(s)
for at least five (5) years; and
h) Recent postcard-size pictures of the applicant(s) and his immediate family;
The Rules of Court shall apply in case of adoption by judicial proceedings.
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 Board, with the copy of the minutes of the
meetings, shall form part of the records of the child to be adopted. When the Board
is ready to transmit the Placement Authority to the authorized and accredited inter-
country adoption agency and all the travel documents of the child are ready, the
adoptive parents, or any one of them, shall personally fetch the child in the
Philippines.
SEC. 12. Pre-adoptive Placement Costs.- The applicant(s) shall bear the
following costs incidental to the placement of the child;
a) The cost of bringing the child from the Philippines to the residence of the
applicant(s) abroad, including all travel expenses within the Philippines and
abroad: and
b) The cost of passport, visa, medical examination and psychological evaluation
required, and other related expenses.
SEC. 13. Fees, Charges and Assessments.- Fees, charges, and assessments
collected by the Board in the exercise of its functions shall be used solely to process
applications for inter-country adoption and to support the activities of the Board.
SEC. 14. Supervision of Trial Custody.- The governmental agency or the
authorized and accredited agency in the country of the adoptive parents which filed
the application for inter-country adoption shall be responsible for the trial custody
and the care of the child. It shall also provide family counselling and other related
services. The trial custody shall be for a period of six (6) months from the time of
placement. Only after the lapse of the period of trial custody shall a decree of
adoption be issued in the said country, a copy of which shall be sent to the Board to
form part of the records of the child.
During the trial custody, the adopting parent(s) shall submit to the
governmental agency or the authorized and accredited agency, which shall in turn
transmit a copy to the Board, a progress report of the child's adjustment. The
progress report shall be taken into consideration in deciding whether or not to issue
the decree of adoption.
The department of Foreign Affairs shall set-up a system by which Filipino
children sent abroad for trial custody are monitored and checked as reported by the
authorized and accredited inter-country adoption agency as well as the repatriation
to the Philippines of a Filipino child whose adoption has not been approved.
SEC. 15. Executive Agreements.- The Department of Foreign Affairs, upon
representation of the Board, shall cause the preparation of Executive Agreements
with countries of the foreign adoption agencies to ensure the legitimate
concurrence of said countries in upholding the safeguards provided by this Act.
ARTICLE IV - PENALTIES
SEC. 16. Penalties.-
a) Any person who shall knowingly participate in the conduct or carrying out
of an illegal adoption, in violation of the provisions of this Act, shall be
punished with a penalty of imprisonment ranging from six (6) years and
one (1) day to twelve (12) years and/or a fine of not less than Fifty
thousand pesos (P50,000), but not more than Two hundred thousand pesos
Persons provisions \ 15
(P200,000), at the discretion of the court. For purposes of this Act, an
adoption is illegal if it is effected in any manner contrary to the provisions
of this Act or established State policies, its implementing rules and
regulations, executive agreements, and other laws pertaining to adoption.
Illegality may be presumed from the following acts:
1) consent for an adoption was acquired through, or attended by
coercion, fraud, improper material inducement;
2) there is no authority from the Board to effect adoption;
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, abuse
and exploitation.
b) Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents and communications of
adoption applications, cases and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000), but not more
than Ten thousand pesos (P10,000), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated
felony under this Article shall be imposed upon the principals of the attempt to
commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or where it involves two or
more children shall be considered as an offense constituting child trafficking and shall merit the penalty
of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring and/or confederating
with one another in carrying out any of the unlawful acts defined under this Article.
Penalties as are herein provided shall be in addition to any other penalties which
may be imposed for the same acts punishable under other laws, ordinances,
executive orders, and proclamations.
SEC. 17. Public Officers as Offenders.- Any government official, employee
or functionary, who shall be found guilty of violating any of the provisions of this
Act, or who shall conspire with private individuals shall, in addition to the above-
prescribed penalties, be penalized in accordance with existing civil service laws,
rules and regulations: Provided, That upon the filing of a case, either administrative
or criminal, said government official, employee or functionary concerned shall
automatically suffer suspension until the resolution of the case.
ARTICLE V - FINAL PROVISIONS
SEC. 18. Implementing Rules and Regulations.- The Inter-country
Adoption Board, in coordination with the Council for the Welfare of Children, the
Department of Foreign Affairs, and the Department of Justice, after due consultation
with agencies involved in child-care and placement, shall promulgate the necessary
rules and regulations to implement the provisions of this Act within six (6) months
after its effectivity.
SEC. 19. Appropriations.- the amount of Five million pesos (P5,000,000) is
hereby appropriated from the proceeds of the Lotto for the initial operations of the
Board and subsequently the appropriations of the same shall be included in the
General Appropriations Act for the year following its enactment.
SEC. 20. Separability Clause.- If any provision, or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise
affected, shall remain valid and subsisting.
SEC. 21. Repealing Clause.- Any law, decree, executive order, administrative
order or rules and regulations contrary to, or inconsistent with the provisions of this
Act are hereby repealed, modified or amended accordingly.
SEC. 22. Effectivity Clause.- This Act shall take effect fifteen (15) days after
its publication in two (2) newspapers of general circulation.
Approved: June 7, 1995
INTERCOUNTRY ADOPTION BOARD MANILA
RULES AND REGULATIONS ON INTERCOUNTRY ADOPTION
Pursuant to the authority of the Inter-Country Adoption Board under
Section 6, paragraph (a), of Republic Act No. 8043, otherwise known as “The Inter-
Country Adoption Act 1995”, the following Rules and Regulations are hereby
promulgated to govern the adoption of a Filipino child abroad:
ARTICLE I - GENERAL PROVISIONS
SECTION 1. POLICY OBJECTIVES. - It shall be the policy of the State to
provide every neglected child with a family that will provide such child with love and
care as well as opportunities for growth and development. Towards this end, efforts
shall be exerted to place the child with an adoptive family in the Philippines.
However, the State shall take measures to ensure that inter-country adoptions are
allowed when the same shall prove beneficial to the child’s best interest and shall
serve and protect his/her fundamental rights, in order to present the sale,
trafficking and abduction of children.
SECTION 2. APPLICABILITY. - The Rules shall apply to the adoption of
a Filipino child in a foreign country by a person who may not be qualified to adopt
under the Family Code.
ARTICLE II - DEFINITION OF TERMS
SECTION 3. DEFINITION OF TERMS. - As used in these Rules, unless
the context otherwise requires, the following terms shall mean:
(a) “Child” shall refer to a Filipino child below fifteen (15) years of age who can be
legally adopted;
(b) “Inter-Country Adoption” shall refer to the socio-legal process of adopting a
Filipino child by a foreign national or a Filipino citizen permanently residing
abroad where the petition for adoption is filed, the supervised trial custody is
undertaken and the decree of adoption is issued in the foreign country where
the applicant resides thereby creating a permanent parent-child relationship
between the child and the adoptive parents;
(c) “Department” shall refer to the Department of Social Welfare and Development;
(d) “Secretary” shall refer to the Secretary of the Department;
Persons provisions \ 16
(e) “Board” shall refer to the Inter-Country Adoption Board which is the Central
Authority in matters relating to inter-country adoption and the policy-making
body for purposes of carrying out the provisions of R.A. No. 8043;
(f) “Chairperson” shall refer to the Chairperson of the Board;
(g) “Committee” shall refer to the Inter-Country Adoption Placement Committee;
(h) “Foreign Adoption Agency” shall refer to the State welfare agency or the
licensed and accredited agency in the country of the foreign adoptive parents
that provides comprehensive social services and is duly recognized by the
Department;
(i) “Child Caring Agency” shall refer to a welfare agency that provides a twenty-
four (24) - hour resident group care service for the physical, mental, social and
spiritual well-being of nine (9) or more mentally gifted, abandoned, neglected,
disabled or disturbed children or youth offenders. The term shall include an
institution whose primary purpose is education whenever nine (9) or more of its
pupils or wards in the ordinary course of events do not return annually to the
homes of their parents or guardians for at least two (2) months of summer
vacation.
(j) “Child Placing Agency” shall refer to an institution licensed by the Department
to assume the care, custody, protection and maintenance of children for
purposes of adoption, guardianship or foster care;
(k) “Application” shall refer to the application form with a home study report for the
inter-country adoption of a child including its supporting documents;
(l) “Applicant” shall refer to a person or a married couple who files an application;
(m) “Matching” refers to the judicious pairing of the applicant and the child to
promote a mutually satisfying parent-child relationship, and;
(n) “Act” shall refer to Republic Act No. 8043 otherwise known as “The Inter-
Country Adoption Act of 1995.”
ARTICLE III - INTER-COUNTRY ADOPTION BOARD
SECTION 4. MEETINGS - The Board shall meet regularly or upon the call
of the Chairperson. In the absence of the Chairperson, the members present who
constitute a quorum may choose a presiding officer from among themselves. A
majority of all the members of the Board shall constitute a quorum. The Board may
hold meetings in executive session.
SECTION 5. VOTING. - The Board shall act as a body. The vote of a
majority of the members of the Board constituting a quorum shall be necessary to
perform its functions. The Chairperson of the Board shall not vote in a meeting
except to break a tie.
ARTICLE IV - SECRETARIAT
SECTION 6. EXECUTIVE DIRECTOR. - The Board shall have a
Secretariat headed by an Executive Director who shall be appointed by the
Chairperson with the concurrence of a majority of the members of the Board.
SECTION 7. FUNCTIONS OF THE EXECUTIVE DIRECTOR. - The
Executive Director shall act as the executive officer of the Secretariat and shall
exercise supervision over its personnel. He/she shall also act as the Secretary of
the Board.
SECTION 8. QUALIFICATIONS OF THE EXECUTIVE DIRECTOR. - The
Executive Director shall have the qualifications of a Director IV, a master’s degree in
Social Work or its equivalent in a related discipline and at least five (5) years of
supervisory experience, two (2) years of which should be in the areas of child care
and placement.
SECTION 9. SUPPORT STAFF. - The Secretariat shall have such
operating units and personnel as the Board may find necessary for the proper
performance of its functions.
SECTION 10. FUNCTION OF THE SECRETARIAT. - The functions of the
Secretariat shall include the following:
(a) maintain and facilitate communications with the Committee and the different
government offices, non-governmental agencies and the general public;
(b) review and process applications, matching proposals, placements and all
documents requiring action by the Board;
(c) review licensing and accreditation applications of agencies for action by the
Board;
(d) provide secretariat, records keeping and other services to the Board and the
Committee, and;
(e) perform such other duties as the Board may direct.
ARTICLE V - PLACEMENT COMMITTEE
SECTION 11. COMPOSITION. - The matching of a child to a foreign
adoptive family shall be approved by the Board upon the recommendation of a
Committee which shall have five (5) members composed of a child psychiatrist or
psychologist, a medical doctor or pediatrician, a lawyer, a registered social worker
and a representative of a non-governmental organization engaged in child welfare
activities.
The Board shall appoint qualified persons who shall serve in the Committee
for a term of two (2) years which may be renewed.
SECTION 12. FUNCTIONS OF THE COMMITTEE. - The Committee shall
have the following functions:
(a) carry out an integrated system and network of selection and matching of
applicants and children;
(b) recommend to the Board approval of applications and matching proposals, and;
(c) perform such other functions and duties as may be prescribed by the Board.
SECTION 13. ALLOWANCES OF COMMITTEE MEMBERS. - A
Committee member shall receive an honorarium of One Thousand Pesos
(P1,000.00) for each meeting actually attended; Provided, that the total amount of
honorarium that a member may receive shall not exceed Four Thousand Pesos
(P4,000.00) a month.
SECTION 14. RULES OF PROCEDURE. - Subject to the approval of the
Board, the Committee shall fix its own internal rules and procedures including the
selection of its chairperson.
SECTION 15. MEETINGS. - The Committee shall meet regularly or upon
the call of the Board.
ARTICLE VI - LICENSING AND ACCREDITATION
SECTION 16. LOCAL CHILD CARING AND CHILD PLACING
AGENCIES. - Only local child caring and placing agencies licensed and accredited
by the Department and with personnel and facilities to undertake a comprehensive
child welfare program shall be accredited by the Board to participate in the
intercountry adoption program.
SECTION 17. FOREIGN ADOPTION AGENCIES. - No foreign adoption
agency shall be allowed to participate in the Philippine inter-country adoption
program unless it is granted by the Board an accreditation in its own name. The
Persons provisions \ 17
accreditation from the Board shall be issued upon submission of the following
requirements:
(a) A license and/or accreditation or authorization from its government to operate
as an adoption agency to carry out inter-country adoptions;
(b) Name and qualifications of the members of the board of directors, senior
officers and other staff involved in inter-country adoption;
(c) Detailed description of its programs and services, researches and publications;
(d) Audited financial report including sources of funds, adoption fees and charges;
(e) Undertaking under oath that it shall assume responsibility for the selection of
qualified applicants; that it shall comply with the Philippine laws on inter-
country adoption; that it shall inform the Board of any change in the foregoing
information; and shall comply with post adoption requirements as specified by
the Board, and;
(f) Such other requirements which the Board may deem necessary in the best
interest of the child.
Authentication of the aforementioned documents shall be made by either
the official designated by the Philippine embassy or consulate in the country where
the foreign adoption agency operates or the authorized official of the embassy or
consulate in the Philippines of the country where the foreign adoption agency
operates.
SECTION 18. LIAISON SERVICES. - Only a non-profit licensed and
accredited child caring or child placing agency shall be allowed to serve as a
representative of a foreign adoption agency and subject to prior approval by the
Board based on specific requirements.
The Board shall periodically review the liaison services and may terminate
any such service when, after a thorough evaluation, the agency is proven to have
violated the requirements under these Rules. The agency concerned shall be given
prior notice as provided for in Section 22.
SECTION 19. RENEWAL OF ACCREDITATION. - The Board shall re-
accredit previously accredited foreign adoption agencies in order to ensure that all
pertinent requirements for proper inter-country adoption are current and valid. The
Board shall inspect the facilities of the foreign adoption agency once every four (4)
years but may require periodic reports.
SECTION 20. FEES. - No fees or charges of any kind shall be charged in
connection with licensing and accreditation under the Act.
ARTICLE VII - SUSPENSION OR REVOCATION OF LICENSE OR
ACCREDITATION
SECTION 21. GROUNDS. - The Board shall suspend or revoke the license
or accreditation issued to a child caring or child placing agency or foreign adoption
agency on any of the following grounds:
(a) Imposing or accepting directly or indirectly any consideration, money, goods or
services in exchange of an allocation of a child in violation of the Rules;
(b) Misrepresenting or concealing any vital information required under the Rules;
(c) Offering money, goods or services to any member, official or employee or
representative of the Board, to give preference in the adoption process to any
applicant;
(d) Advertising or publishing the name or photograph of a child for adoption to
influence any person to apply for adoption except special homefinding for hard-
to-place children;
(e) Failure to perform any act required under the Rules that results in prejudice to
the child or applicant;
(f) Appointing or designating any liaison or agent without prior approval of the
Board;
(g) Engaging in matching arrangement or any contact to pre-identify a child in
violation of the Rules, or;
(h) Any other act in violation of the provisions of the Act, the Rules and other
related laws.
SECTION 22. WHO MAY INITIATE ACTION TO SUSPEND OR
REVOKE LICENSE OR ACCREDITATION. - The Board, motu proprio upon receipt
of any information regarding any violation or irregularity or upon receipt of
complaint under oath or request for investigation, may conduct initial inquiries and
upon being satisfied that the report, complaint or request for investigation has legal
and factual basis, shall require the agency concerned to answer within fifteen (15)
working days from receipt of notice, furnishing the agency concerned with a copy of
the complaint or a brief statement of the report or request.
SECTION 23. PROCEEDINGS FOR SUSPENSION OR REVOCATION. -
Upon receipt of the answer or failure to receive an answer within the required
period, the Board shall conduct a hearing or investigation and decide according to
the evidence. Depending upon the gravity of the violation charged or if the agency
shall fail to answer, the Board suspend any dealings with the agency concerned
during the pendency of the investigation.
SECTION 24. ACTION OF THE BOARD. - Upon termination of the
investigation, the Board shall dismiss the charge or suspend or revoke the license or
accreditation of the agency concerned, if the evidence so warrants.
The Board’s decision shall be sent to the agency concerned, the
Department, the regulatory agency of the state or country where the agency
operates and the Department of Foreign Affairs.
ARTICLE VIII - INTERCOUNTRY ADOPTION PROCESS
SECTION 25. WHO MAY BE ADOPTED. - Any child who has been
voluntarily or involuntarily committed to the Department as dependent, abandoned
or neglected pursuant to the provisions of the Child and Youth Welfare Code may be
the subject of Inter-Country Adoption; Provided that in case of a child who is
voluntarily committed, the physical transfer of said child shall be made not earlier
than six (6) months from the date the Deed of Voluntary Commitment was executed
by the child’s biological parent/s. The prohibition against physical transfer shall not
apply to adoption by a relative or children with special medical conditions.
SECTION 26. WHO MAY ADOPT - Any foreign national or a Filipino
citizen permanently residing abroad who has the qualifications and none of the
disqualifications under the Act may file an application if he/she:
(a) is at least twenty-seven (27) years of age;
(b) is at least sixteen (16) years older than the child to be adopted at the time of
the filing of the application unless the applicant is the parent by nature of the
child to be adopted or is the spouse of such parent by nature;
(c) has the capacity to act and assume all the rights and responsibilities incident to
parental authority under his/her national law;
Persons provisions \ 18
(d) has undergone appropriate counseling from an accredited counselor in his/her
country;
(e) has not been convicted of a crime involving moral turpitude;
(f) is eligible to adopt under his/her national law;
(g) can provide the proper care and support and give the necessary moral values
and example to the child and in the proper case, to all his/her other children;
(h) comes from a country
(i) with whom the Philippines has diplomatic relations;
(ii) whose government maintains a foreign adoption agency, and;
(iii) whose laws allow adoption, and
(i) files jointly with his/her spouse, if any, who shall have the same qualifications
and none of the disqualifications to adopt as prescribed above.
SECTION 27. FORM OF APPLICATION. - An application shall be in the
form prescribed by the Board. It shall include an undertaking under oath signed by
the applicant to uphold the rights of the child under Philippine laws and the
applicant’s national laws, the United Nations Convention on the Rights of the Child
and to abide by the provisions of the Act and all rules and regulations issued
pursuant thereto. The application shall include an undertaking that should the
adoption not be approved, or if for any reason the adoption does not take place, the
applicant shall pay for the cost of travel back to the Philippines of the child and
his/her companion, if any.
SECTION 28. SUPPORTING DOCUMENTS OF APPLICATION. - The
following documents, written and officially translated in English shall accompany the
Application:
(a) Family and Home Study Reports on the family and home of the applicant;
(b) Birth Certificate of the applicant;
(c) Marriage Contract of the applicant or Decree of Absolute Divorce, in the proper
case;
(d) Written consent to the adoption by the biological or adopted children who are
ten (10) years of age or over witnessed by the social worker after proper
counseling.’
(e) Physical and medical evaluation by a duly licensed physician and psychological
evaluation by a psychologist;
(f) Latest income tax return or any other documents showing the financial
capability of the applicant;
(g) Clearance issued by the police or other proper government agency of the place
where the applicants reside;
(h) Character reference from the local church minister/priest, the applicant’s
employer or a non-relative member of the immediate community who have
known the applicant for at least five (5) years;
(i) Certification from the Department of Justice or other appropriate government
agency that the applicant is qualified to adopt under their national law and that
the child to be adopted is allowed to enter the country for trial custody and
reside permanently in the said place once adopted, and;
(j) Recent postcard-size pictures of the applicant and his immediate family.
SECTION 29. FEES, CHARGES AND ASSESSMENTS. - There shall be a
fee of $100 upon filing of the application and $900 upon acceptance of the matching
proposal for processing and operational expenses of the inter-country adoption
program and other charges and assessments for child care and placement programs
and services. Fees for applicants for special needs children shall be a filing fee of
$100 and a processing fee of $400. Such fees, charges and assessments shall be
indicated on the application form and communicated to all foreign adoption
agencies.
SECTION 30. WHERE TO FILE APPLICATION. - The application shall
be filed with the Board through a foreign adoption agency in the country where the
applicant resides. In the case of a foreign national who has filed a petition for
adoption in the Philippines under Article 184 of the Family Code but after hearing is
found not to be qualified under any of the exceptions therein, the Regional Trial
Court where the case is pending may determine if the petitioner is qualified to adopt
under the Act and the Rules. If the petitioner has all the qualifications and none of
the disqualifications, the Court shall issue an order for inclusion of the petitioner,
upon filing of the application and fee, in the Board’s Roster of Applicants and shall
direct the petitioner to submit a Deed of Voluntary Commitment of the child
executed by the child’s parents in favor of the Department.
SECTION 31. ROSTER OF APPLICANTS. - The Board shall act on each
application and direct the Secretariat to include those approved in the Roster of
Applicants within one (1) month from receipt thereof.
SECTION 32. ENDORSEMENT OF CHILD FOR INTER-COUNTRY
ADOPTION. - A child who has been committed to the Department and who may be
available for inter-country adoption shall be endorsed to the Board by the
Department. The endorsement shall contain a certification by the Department that
all possibilities for adoption of the child in the Philippines have been exhausted and
that inter-country adoption is in the best interest of the child. The endorsement
must be made within one (1) week after transmittal of the Child Study Report and
other pertinent documents from the local placement committee for inter-regional
matching.
SECTION 33. SUPPORTING DOCUMENTS. - The following documents
pertaining to the child shall be attached to the endorsement:
(a) Child Study Report which shall include information about the child’s identity,
upbringing and ethnic, religious and cultural backgrounds, social environment,
family history, medical history and special needs;
(b) Birth or Foundling Certificate;
(c) Decree of Abandonment of the child, the Death Certificate of the child’s parents
or the Deed of Voluntary Commitment executed after the birth of the child and
after proper counseling as to the effect of termination of parental authority to
ensure that consent was not induced by monetary or other consideration;
(d) Medical evaluation or history including that of the child’s biological parents, if
available;
(e) Psychological evaluation, as may be necessary, and;
(f) Child’s own consent if he/she is ten (10) years or older, witnessed by a social
worker of the child caring/placing agency and after proper counseling.
SECTION 34. MATCHING. - The matching of the child to an applicant
shall be carried out during a matching conference before the Committee participated
in by the Executive Director or social worker of the child caring agency or the social
worker of the Department in case of adoption by a relative. The Board shall set the
guidelines for the manner by which the matching process shall be conducted and
shall include among others the following:
(a) Matching proposal
(b) Filing of matching proposal
(c) Presentation by the social worker
Persons provisions \ 19
(d) Deliberations
(e) Committee action (approval, disapproval or deferment)
(f) Motion for reconsideration
SECTION 35. APPROVAL OF MATCHING. - The Committee shall endorse
the matching proposal to the Board for its approval or other appropriate action. The
endorsement shall state the reasons for the Committee’s recommendation on the
placement.
SECTION 36. BOARD ACTION ON APPROVED MATCHING. - The
Board shall immediately act on the matching proposal of the Committee. If the
same is approved, a notice of matching shall be sent to the concerned foreign
adoption agency within five (5) days from date of approval and shall be
accompanied by the following documents:
(a) Child Study Report;
(b) Health Certificate and medical history of the child;
(c) Recent photographs of the child, and
(d) Itemized pre-adoptive placement costs.
The applicant shall notify the foreign adoption agency in writing of his/her
decision on the matching proposal within fifteen (15) calendar days from receipt of
said proposal unless the applicant requests for additional information about the
child. The matching proposal shall be deemed rejected if the applicant, through the
foreign adoption agency, fails to notify the Board of his/her decision within fifteen
(15) days from receipt of the notice.
SECTION 37. NO CONTACT BETWEEN APPLICANT AND CHILD’S
PARENTS. - No matching arrangement except under these Rules shall be made
between the applicant and the child’s parents/guardians or custodians, nor shall any
contact between them concerning a particular child be done before the matching
proposal of the Committee has been approved by the Board. This prohibition shall
not apply in cases of adoption of a relative or in exceptional cases where the child’s
best interest, as determined by the Board is at stake.
SECTION 38. PLACEMENT AUTHORITY. - Upon receipt of the
applicant’s acceptance of the matching proposal and confirmation of the pre-
adoptive placement plans presented by the foreign adoption agency, the Board shall
issue the Placement Authority within five (5) working days. A certified excerpt of
the Minutes of the meeting of the Committee approving the matching shall be
attached to the Placement Authority and shall form part of the records of the child.
Copy of the Placement Authority shall be transmitted to the Department of
Foreign Affairs and to the foreign adoption agency.
SECTION 39. PRE-ADOPTIVE PLACEMENT COSTS. - Upon acceptance
of the matching proposal, the applicant, through the foreign adoption agency, shall
pay for the expenses incidental to the pre-adoptive placement of the child, including
the cost of the child’s travel and medical and psychological evaluation and other
related expenses. Under exceptional circumstances, the Board may defray the costs
subject to reimbursement.
SECTION 40. PRE-DEPARTURE PREPARATION OF THE CHILD. - After
the issuance of the Placement Authority and prior to departure abroad, the child
shall be given the necessary preparation and guidance by the child caring/placing
agency which submitted the matching proposal or by the social worker of the
Department in case of adoption by a relative, in order to minimize the trauma of
separation from the persons with whom the child may have formed attachments
and to ensure that the child is physically able and emotionally ready to travel and to
form new relationships.
SECTION 41. FETCHING THE CHILD BY APPLICANT. - The applicant
shall personally fetch the child from the Philippines not later than thirty (30) days
after notice of issuance of the visa of the child for travel to the country where the
applicant resides.
The unjustified failure of the applicant to fetch the child within said period
shall result in the automatic cancellation of the Placement Authority.
SECTION 42. TRANSFER OF CUSTODY OF THE CHILD. - Trial custody
shall start upon actual physical transfer of the child to the applicant who, as actual
custodian, shall exercise substitute parental authority over the person of the child.
In all cases, the foreign adoption agency shall supervise and monitor the exercise of
custody by maintaining communication with the applicant from the time the child
leaves the Philippines.
SECTION 43. SUPERVISION OF PRE-ADOPTIVE PLACEMENT. - The
foreign adoption agency shall be responsible for the pre-adoptive placement, care
and family counseling of the child for at least six (6) months from the arrival of the
child in the residence of the applicant. During the period of pre-adoptive
placement, the foreign adoption agency shall furnish the Board with bi-monthly
reports on the child’s health, psycho-social adjustment and relationships which the
child has developed with the applicant including the applicant’s health, financial
condition and legal capacity. The Board shall furnish the child’s home agency a copy
of the report.
SECTION 44. EMERGENCY REPORT. - During the trial custody period,
the foreign adoption agency shall notify the Board of any incident that may have
resulted in a serious impairment of the relationship between the child and the
applicant or of any serious ailment or injury suffered by the child, as soon as
possible but not later than seventy-two (72) hours after the incident or the
discovery of the ailment or injury.
SECTION 45. TERMINATION OF PRE-ADOPTIVE RELATIONSHIP. - If
the pre-adoptive relationship is found unsatisfactory by the child or the applicant, or
both, or if the foreign adoption agency finds that the continued placement of the
child is not in the child’s best interest, said relationship shall be suspended by the
Board and the foreign adoption agency shall arrange for the child’s temporary care.
No termination of pre-adoptive relationship shall be made unless it is shown that the
foreign adoption agency has exhausted all means to remove the cause of the
unsatisfactory relationship which impedes or prevents the creation of a mutually
satisfactory adoptive relationship.
SECTION 46. NEW PLACEMENT FOR CHILD. - In the event of
termination of the pre-adoptive relationship, the Board shall identify from the Roster
of Applicants a qualified family to adopt the child with due consideration for
suitability and proximity. In the absence of any suitable family in the Roster of
Approved Applicants, the foreign adoption agency may propose a replacement
family whose application shall be filed for the consideration of the Board.
The consent of the child shall be obtained in relation to the measures to be
taken under this Section, having regard in particular to his/her age and level of
maturity.
SECTION 47. REPATRIATION OF THE CHILD. - The child shall be
repatriated as a last resort if found by the Board to be in his/her best interests. If
Persons provisions \ 20
the Board in coordination with the foreign adoption agency fails to find another
placement for the child within a reasonable period of time after the termination of
the pre-adoptive relationship, the Board shall arrange for the child’s repatriation.
The Board shall inform the Department, the child caring/placing agency concerned
and the Department of Foreign Affairs of the decision to repatriate the child.
SECTION 48. CONSENT TO ADOPTION. - If a satisfactory pre-adoptive
relationship is formed between the applicant and the child, the Board shall transmit
the written consent to the adoption executed by the Department to the foreign
adoption agency within thirty (30) days after receipt of the latter’s request.
SECTION 49. FILING OF PETITION FOR ADOPTION. - The applicant
shall file the petition for the adoption of the child with the proper court or tribunal in
the country where the applicant resides within six (6) months after the completion
of the trial custody period.
SECTION 50. DECREE OF ADOPTION. - A copy of the final Decree of
Adoption of the child including the Certificate of Citizenship/Naturalization whenever
applicable, shall be transmitted by the foreign adoption agency to the Board within
one (1) month after its issuance. The copy of the Adoption Decree shall form part
of the records of the Board which shall require the recording of the final judgment in
the appropriate local and foreign Civil Register.
SECTION 51. DISMISSAL OF PETITION FOR ADOPTION. - In case of
dismissal by the foreign tribunal of the petition for adoption filed by the applicant,
the procedures under Section 45, 46 and 47 shall apply.
SECTION 52. POST-ADOPTION SERVICES. - The Board shall establish a
program of post-adoption services in cooperation with local child caring and child
placing agencies and foreign adoption agencies.
ARTICLE IX - CONFIDENTIALITY
SECTION 53. RECORDS. - The application, together with all the records,
documents and communications relating thereto and its processes shall be
confidential. No copy thereof as well as any information relating thereto shall be
released without written authority from the Board or the written request of any of
the following:
(a) the child/adopted person, with appropriate guidance and counseling or his/her
duly authorized representative, spouse, parent or parents, direct descendants
or guardian or legal institution legally in charge of the adopted person, if a
minor;
(b) the court or proper public official whenever necessary in an administrative,
judicial or other official proceeding to determine the identity of the parent or
parents or of the circumstances surrounding the birth of the child/adopted
person, or;
(c) the nearest kin, in case of the death of the child/adopted person.
SECTION 54. PRESERVATION OF INFORMATION. - The Board shall
ensure that information held by them concerning the origin of the child/adopted
person, in particular the identity of his/her biological parents, is preserved.
SECTION 55. ILLEGAL ADOPTION. - Any person who shall knowingly
participate in the conduct or carrying out of an illegal adoption shall be punished
with imprisonment ranging from six (6) years and one (1) day to twelve (12) years
and/or a fine not less than Fifty Thousand Pesos (P50,000.00) but not more than
Two Hundred Thousand Pesos (P200,000.00) at the discretion of the court. For
purposes of this Act, an adoption is illegal if it is effected in any manner contrary to
the provisions of this Act or established State policies, its implementing rules and
regulations, executive agreements and other laws pertaining to adoption.
SECTION 56. PRESUMPTION OF ILLEGALITY. - An adoption shall be
presumed illegal if:
(a) the consent for an adoption was acquired through or attended by coercion,
fraud or improper material inducement;
(b) there is no authority from the Board to effect adoption;
(c) the procedures and safeguards placed under the Act for adoption were not
complied with, or;
(d) if the child to be adopted is subjected or exposed to danger, abuse and
exploitation.
SECTION 57. VIOLATION OF CONFIDENTIALITY. - Any person who
shall violate the confidentiality and integrity of records, documents and
communications relating to adoption applications, cases and processes, shall suffer
the penalty of imprisonment ranging from one (1) year and one (1) day to two (2)
years and or a fine not less than Five Thousand Pesos (P5,000.00) but not more
than Ten Thousand Pesos (P10,000.00) at the discretion of the court.
SECTION 58. ATTEMPT TO COMMIT OFFENSE. - A penalty lower by
two (2) degrees than that prescribed for the consummated felony described above
shall be imposed upon the principals of the attempt to commit any of the acts
herein enumerated.
SECTION 59. CHILD TRAFFICKING. - Acts punishable under the above
provisions shall be considered as an offense constituting child trafficking and shall
be punished with reclusion perpetua when committed by a syndicate or where it
involves two or more children.
An offense is deemed committed by a syndicate if it is carried out by a
group of three (3) or more persons conspiring and/or confederating with one
another in carrying out any of the unlawful acts.
Penalties herein provided shall be in addition to any other penalties which
may be imposed for the same acts punishable under other laws, ordinances,
executive orders and proclamations.
SECTION 60. PUBLIC OFFICERS AS OFFENDERS. - Any government
official, employee or functionary who shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with private individuals shall, in
additional to the above-prescribed penalties, be penalized in accordance with
existing civil service laws, rules and regulations. Provided, that upon filing of an
administrative or criminal case, the public officer concerned shall automatically be
suspended from office until the resolution of the case.
ARTICLE X - FINAL PROVISIONS
SECTION 61. INTERPRETATION OF THE PROVISION OF THE RULES.
- Any doubt or vagueness in the provisions of the Rules shall be interpreted for the
best interests of the child.
SECTION 62. REPEALING CLAUSE. - The provisions under the Rules
shall supersede any other rules and regulations on the Inter-Country Adoption of
Filipino Children.
SECTION 63. SEPARABILITY CLAUSE. - The declaration of invalidity of
any provision of the Rules or part thereof shall not affect the validity of the
remaining provisions.
Persons provisions \ 21

SECTION 64. EFFECTIVITY CLAUSE. - The Rules shall take effect fifteen (5) Parent left solo or alone with the responsibility of parenthood due to legal
(15) days after its publication in two (2) newspapers of general circulation, except separation or de facto separation from spouse for at least one (1) year, as long
those which pertain to self-executing provisions of the Act. as he/she is entrusted with the custody of the children;

Approved in the City of Manila this 26th day of December in the year of our
(6) Parent left solo or alone with the responsibility of parenthood due to
Lord, Nineteen Hundred and Ninety-Five.
declaration of nullity or annulment of marriage as decreed by a court or by a
church as long as he/she is entrusted with the custody of the children;
REPUBLIC ACT NO. 8972 - AN ACT PROVIDING FOR BENEFITS AND
PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING
(7) Parent left solo or alone with the responsibility of parenthood due to
FUNDS THEREFOR AND FOR OTHER PURPOSES
abandonment of spouse for at least one (1) year;

Be it enacted by the Senate and House of Representatives of the Philippines

(8) Unmarried mother/father who has preferred to keep and rear her/his
Congress assembled:
child/children instead of having others care for them or give them up to a
welfare institution;
Section 1. Title. - This Act shall be known as the "Solo Parents' Welfare Act of
2000."
(9) Any other person who solely provides parental care and support to a child
or children;
Section 2. Declaration of Policy. - It is the policy of the State to promote the family
as the foundation of the nation, strengthen its solidarity and ensure its total
(10) Any family member who assumes the responsibility of head of family as a
development. Towards this end, it shall develop a comprehensive program of
result of the death, abandonment, disappearance or prolonged absence of the
services for solo parents and their children to be carried out by the Department of
parents or solo parent.
Social Welfare and Development (DSWD), the Department of Health (DOH), the
Department of Education, Culture and Sports (DECS), the Department of the
Interior and Local Government (DILG), the Commission on Higher Education A change in the status or circumstance of the parent claiming benefits under
(CHED), the Technical Education and Skills Development Authority (TESDA), the this Act, such that he/she is no longer left alone with the responsibility of
National Housing Authority (NHA), the Department of Labor and Employment parenthood, shall terminate his/her eligibility for these benefits.
(DOLE) and other related government and nongovernment agencies.
(b) "Children" - refer to those living with and dependent upon the solo parent for
Section 3. Definition of Terms. - Whenever used in this Act, the following terms support who are unmarried, unemployed and not more than eighteen (18) years of
shall mean as follows: age, or even over eighteen (18) years but are incapable of self-support because of
mental and/or physical defect/disability.
(a) "Solo parent" - any individual who falls under any of the following categories:
(c) "Parental responsibility" - with respect to their minor children shall refer to the
rights and duties of the parents as defined in Article 220 of Executive Order No.
(1) A woman who gives birth as a result of rape and other crimes against
209, as amended, otherwise known as the "Family Code of the Philippines."
chastity even without a final conviction of the offender: Provided, That the
mother keeps and raises the child;
(d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable
him/her to perform parental duties and responsibilities where physical presence is
(2) Parent left solo or alone with the responsibility of parenthood due to death
required.
of spouse;

(e) "Flexible work schedule" - is the right granted to a solo parent employee to vary
(3) Parent left solo or alone with the responsibility of parenthood while the
his/her arrival and departure time without affecting the core work hours as defined
spouse is detained or is serving sentence for a criminal conviction for at least
by the employer.
one (1) year;

Section 4. Criteria for Support. - Any solo parent whose income in the place of
(4) Parent left solo or alone with the responsibility of parenthood due to
domicile falls below the poverty threshold as set by the National Economic and
physical and/or mental incapacity of spouse as certified by a public medical
Development Authority (NEDA) and subject to the assessment of the DSWD worker
practitioner;
in the area shall be eligible for assistance: Provided, however, That any solo parent
whose income is above the poverty threshold shall enjoy the benefits mentioned in
Sections 6, 7 and 8 of this Act.
Persons provisions \ 22
Section 5. Comprehensive Package of Social Development and Welfare Services. -
A comprehensive package of social development and welfare services for solo
parents and their families will be developed by the DSWD, DOH, DECS, CHED,
TESDA, DOLE, NHA and DILG, in coordination with local government units and a
nongovernmental organization with proven track record in providing services for
solo parents.
The DSWD shall coordinate with concerned agencies the implementation of the
comprehensive package of social development and welfare services for solo parents
and their families. The package will initially include:
(a) Livelihood development services which include trainings on livelihood skills, basic
business management, value orientation and the provision of seed capital or job
placement.
(b) Counseling services which include individual, peer group or family counseling.
This will focus on the resolution of personal relationship and role conflicts.
(c) Parent effectiveness services which include the provision and expansion of
knowledge and skills of the solo parent on early childhood development, behavior
management, health care, rights and duties of parents and children.
(d) Critical incidence stress debriefing which includes preventive stress management
strategy designed to assist solo parents in coping with crisis situations and cases of
abuse.
(e) Special projects for individuals in need of protection which include temporary
shelter, counseling, legal assistance, medical care, self-concept or ego-building,
crisis management and spiritual enrichment.
Section 6. Flexible Work Schedule. - The employer shall provide for a flexible
working schedule for solo parents: Provided, That the same shall not affect
individual and company productivity: Provided, further, That any employer may
request exemption from the above requirements from the DOLE on certain
meritorious grounds.
Section 7. Work Discrimination. - No employer shall discriminate against any solo
parent employee with respect to terms and conditions of employment on account of
his/her status.
Section 8. Parental Leave. - In addition to leave privileges under existing laws,
parental leave of not more than seven (7) working days every year shall be granted
to any solo parent employee who has rendered service of at least one (1) year.
Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the
following benefits and privileges:
(1) Scholarship programs for qualified solo parents and their children in institutions
of basic, tertiary and technical/skills education; and
(2) Nonformal education programs appropriate for solo parents and their children.
The DECS, CHED and TESDA shall promulgate rules and regulations for the proper
implementation of this program.
Section 10. Housing Benefits. - Solo parents shall be given allocation in housing
projects and shall be provided with liberal terms of payment on said government
low-cost housing projects in accordance with housing law provisions prioritizing
applicants below the poverty line as declared by the NEDA.
Section 11. Medical Assistance. - The DOH shall develop a comprehensive health
care program for solo parents and their children. The program shall be implemented
by the DOH through their retained hospitals and medical centers and the local
government units (LGUs) through their provincial/district/city/municipal hospitals
and rural health units (RHUs).
Section 12. Additional Powers and Functions of the DSWD. — The DSWD shall
perform the following additional powers and functions relative to the welfare of solo
parents and their families:
(a) Conduct research necessary to: (1) develop a new body of knowledge on solo
parents; (2) define executive and legislative measures needed to promote and
protect the interest of solo parents and their children; and (3) assess the
effectiveness of programs designed for disadvantaged solo parents and their
children;
(b) Coordinate the activities of various governmental and nongovernmental
organizations engaged in promoting and protecting the interests of solo parents and
their children; and
(c) Monitor the implementation of the provisions of this Act and suggest
mechanisms by which such provisions are effectively implemented.
Section 13. Implementing Rules and Regulations. - An interagency committee
headed by the DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE,
NHA, and DILG is hereby established which shall formulate, within ninety (90) days
upon the effectivity of this Act, the implementing rules and regulations in
consultation with the local government units, nongovernment organizations and
people's organizations.
Section 14. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be included in the budget of concerned government agencies in the
General Appropriations Act of the year following its enactment into law and
thereafter.1awphil.net
Section 15. Repealing Clause. - All laws, decrees, executive orders, administrative
orders or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
Persons provisions \ 23
Section 16. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full
force and effect.
Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following
its complete publication in the Official Gazette or in at least two (2) newspaper of
general circulation.
REPUBLIC ACT No. 7610 - AN ACT PROVIDING FOR STRONGER
DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
ARTICLE III - Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall
be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which
include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as
prostitute;
(4) Threatening or using violence towards a child to engage him as a
prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a
child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a
child exploited in prostitution or subject to other sexual abuse; Provided, That when
the victims is under twelve (12) years of age, the perpetrators shall be prosecuted
under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may
be: Provided, That the penalty for lascivious conduct when the victim is under
twelve (12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner
of the establishment where the prostitution takes place, or of the sauna, disco, bar,
resort, place of entertainment or establishment serving as a cover or which engages
in prostitution in addition to the activity for which the license has been issued to
said establishment.
Section 6. Attempt To Commit Child Prostitution. - There is an attempt to commit
child prostitution under Section 5, paragraph (a) hereof when any person who, not
being a relative of a child, is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other similar establishments. A
penalty lower by two (2) degrees than that prescribed for the consummated felony
under Section 5 hereof shall be imposed upon the principals of the attempt to
commit the crime of child prostitution under this Act, or, in the proper case, under
the Revised Penal Code.
ARTICLE IV - Child Trafficking
Section 7. Child Trafficking. - Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty shall be imposed in its maximum period
when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. - There is an attempt to commit
child trafficking under Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women
or couples to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.
Persons provisions \ 24

A penalty lower two (2) degrees than that prescribed for the consummated felony
under Section 7 hereof shall be imposed upon the principals of the attempt to
commit child trafficking under this Act.
ARTICLE V - Obscene Publications and Indecent Shows
(d) Any person, owner, manager or one entrusted with the operation of any public
or private place of accommodation, whether for occupancy, food, drink or otherwise,
including residential places, who allows any person to take along with him to such
place or places any minor herein described shall be imposed a penalty of prision
mayor in its medium period and a fine of not less than Fifty thousand pesos
(P50,000), and the loss of the license to operate such a place or establishment.

Section 9. Obscene Publications and Indecent Shows. - Any person who shall hire,
(e) Any person who shall use, coerce, force or intimidate a street child or any other
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions
child to;
and indecent shows, whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials shall suffer the
penalty of prision mayor in its medium period. (1) Beg or use begging as a means of living;

If the child used as a performer, subject or seller/distributor is below twelve (12)
years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a
child who shall cause and/or allow such child to be employed or to participate in an
obscene play, scene, act, movie or show or in any other acts covered by this section
shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI - Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development. -
(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree No. 603,
as amended, but not covered by the Revised Penal Code, as amended, shall suffer
the penalty of prision mayor in its minimum period.
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision
correccional in its medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of murder, homicide, other
intentional mutilation, and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age. The penalty for the
commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815,
as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption of minors, and
white slave trade, respectively, shall be one (1) degree higher than that imposed by
law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of
the Department of Social Welfare and Development.

ARTICLE XI - Remedial Procedures

(b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who in ten (10) years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage Section 27. Who May File a Complaint. - Complaints on cases of unlawful acts
parlor, beach and/or other tourist resort or similar places shall suffer the penalty of committed against the children as enumerated herein may be filed by the following:
prision mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000): Provided, That this provision shall not apply to any person who is
(a) Offended party;
related within the fourth degree of consanguinity or affinity or any bond recognized
by law, local custom and tradition or acts in the performance of a social, moral or
legal duty. (b) Parents or guardians;

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by (c) Ascendant or collateral relative within the third degree of consanguinity;
this Act to keep or have in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in its medium period and a fine (d) Officer, social worker or representative of a licensed child-caring institution;
of not less than Forty thousand pesos (P40,000); Provided, however, That should
the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to
be imposed shall be prision mayor in its maximum period, a fine of not less than (e) Officer or social worker of the Department of Social Welfare and Development;
Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.
(f) Barangay chairman; or
Persons provisions \ 25
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. - The offended party shall be
immediately placed under the protective custody of the Department of Social
Welfare and Development pursuant to Executive Order No. 56, series of 1986. In
the regular performance of this function, the officer of the Department of Social
Welfare and Development shall be free from any administrative, civil or criminal
liability. Custody proceedings shall be in accordance with the provisions of
Presidential Decree No. 603.
ARTICLE XII - Common Penal Provisions
Section 31. Common Penal Provisions. - (c) The penalty provided herein shall be
imposed in its maximum period when the perpetrator is an ascendant, parent
guardian, stepparent or collateral relative within the second degree of consanguinity
or affinity, or a manager or owner of an establishment which has no license to
operate or its license has expired or has been revoked;
PRESIDENTIAL DECREE No. 603 - THE CHILD AND YOUTH WELFARE CODE
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set
forth without distinction as to legitimacy or illegitimacy, sex, social status, religion,
political antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the
moment of his conception, as generally accepted in medical parlance, and has,
therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with
love, care and understanding, guidance and counseling, and moral and material
security.
The dependent or abandoned child shall be provided with the nearest substitute for
a home.
(3) Every child has the right to a well-rounded development of his personality to the
end that he may become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special
talents.
The emotionally disturbed or socially maladjusted child shall be treated with
sympathy and understanding, and shall be entitled to treatment and competent
care.
The physically or mentally handicapped child shall be given the treatment,
education and care required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and all the basic physical requirements of a healthy and
vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and
rectitude for the enrichment and the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to
the development of his skills for the improvement of his capacity for service to
himself and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation
and activities, individual as well as social, for the wholesome use of his leisure
hours.
(8) Every child has the right to protection against exploitation, improper influences,
hazards, and other conditions or circumstances prejudicial to his physical, mental,
emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer him
an environment free from pernicious influences and conducive to the promotion of
his health and the cultivation of his desirable traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State,
particularly when his parents or guardians fail or are unable to provide him with his
fundamental needs for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will
deepen his faith in democracy and inspire him with the morality of the constituted
authorities both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of
peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world.
Article 4. Responsibilities of the Child. - Every child, regardless of the
circumstances of his birth, sex, religion, social status, political antecedents and
other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his
religion, the teachings of his elders and mentors, and the biddings of a clean
conscience;
(2) Love, respect and obey his parents, and cooperate with them in the
strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family harmonious and united;
Persons provisions \ 26

(4) Exert his utmost to develop his potentialities for service, particularly by
undergoing a formal education suited to his abilities, in order that he may become
an asset to himself and to society;

(5) Respect not only his elders but also the customs and traditions of our people,
the memory of our heroes, the duly constituted authorities, the laws of our country,
and the principles and institutions of democracy;

(6) Participate actively in civic affairs and in the promotion of the general welfare,
always bearing in mind that it is the youth who will eventually be called upon to
discharge the responsibility of leadership in shaping the nation's future; and

(7) Help in the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit of their
common aspirations for programs and prosperity, and the furtherance of world
peace.