An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino Children and for other Purposes

Domestic Adoption Act of 1998 Republic Act 8552

RAQUEL E. NUEZ CBSU Unit Head

Adoption
A socio-legal process of providing a permanent family to a child whose parents have voluntarily relinquished their parental authority over the child

State Policies
1. Ensure that every child remains under the care and custody of his/her parents and be provided with love, care, understanding and security towards the full and harmonious development of his/her personality. 2. In all matters relating to care, custody and adoption of a child, his/her interest shall be the paramount consideration in accordance with the levels set forth in the UN CRC and other international instruments. The state shall provide alternative protection and assistance through foster care or adoption for every child who is neglected, orphaned or abandoned

3. It is a State Policy to:

3.1. Safeguard biological parents from making hurried decisions to relinquish his/her parental authority over his/her child. 3.2. Prevent the child from unnecessary separation from his/her biological parents.

3.3. Protect adoptive parents 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 to establish the status of child as legally available for adoption

custody of child is transferred to DSWD or to any licensed CCA/CPA which shall be authorized to do permanent placement of child

3.4. Conduct public information and educational campaign

3.5. Ensure sufficient capacity exists within government and private agencies to handle adoption inquiries, applications and adoption related services. 3.6. Encourage domestic adoption to preserve childs identity and culture and to consider ICA as a last resort

Salient Features of RA 8552

1. Pre-Adoption Services (Sec.4)

1.1. Biological Parent(s)
counseling services ensure that no hurried decision is made 6 months to reconsider decision to relinquish child

1.2. Prospective Adoptive Parent(s)

counseling sessions attendance to adoption fora and seminars (certificate of attendance)

1.3. Prospective Adoptee

counseling sessions To understand nature and effects of adoption To express views on adoption

2. An Alien Possessing all the Qualifications stated for Filipino Nationals may Adopt (Sec.7)
His/her country has diplomatic relations with the Philippines

Has been living in the Philippines for at least 3 continuous years prior to filing of application for adoption

 Maintains such residence until the adoption decree is entered Has been certified by his/her diplomatic or consular office or any appropriate agency that he/she has legal capacity to adopt in his/her country His/her government allows the adoptee to enter his/her country as his/her adopted child

Requirements on residency may waived for the following reasons:

be

A former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity; or One who seeks to adopt the legitimate child of his/her spouse; or One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the 4th degree of consanguinity or affinity of the Filipino spouse.

3. Benefits of Adoption
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 (PAPA) issued by the Department.

4. Succession (Sec. 18)

In legal and interstate succession, the adopters and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiations. However, if the adoptee and his/her biological parent(s) had left a will, the law or testamentary succession will govern.

5. Grounds for Rescission of Adoption (Sec. 19)

An adoptee shall not be subject to recission by adopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

The adoptee, if minor or over 18 but is incapacitated with the assistance of DSWD or a guardian may be rescinded on the following grounds committed by the adopter(s): repeated physical and verbal maltreatment by the adopters despite having undergone counseling; attempt on the life of the adoptee; sexual assault or violence; or abandonement and failure to comply with parental obligations.

6. Post Adoption Services (IRR Sec. 32)

these shall be made available to the adoptee, adopter and the biological parents by the DSWD, LGU, CC/CPAs:
counseling services tracing of roots other issues on adoption

7. Creation of the Adoption Resource and Reference Office (ARRO)

Under the supervision of the DSWD Central Office and Regional Director

Central Office ARRO - PMB Field Office ARRU Regional Director

Functions monitor the existence, number and flow of children legally available for adoption and prospective adopter(s), so as to facilitate their matching; maintain a nationwide/regional information and educational campaign on domestic adoption; keep records of adoption proceedings; generate resources to help child-caring and child-placing agencies and maintain viability; do policy research in collaboration with the Intercountry Adoption Board and other concerned agencies; and acts as the Secretariat to the Child Welfare Specialist Group (CWSG) during interregional/ regional matching conferences.

8. Rectification of Simulated Births

Prior to effectivity of law (March 18, 1998) those who simulated the birth of a child shall not be punished provided that: it was made for the best interest of the child Child was considered and treated by the person as his/her own son/ daughter It was filed within 5 years from effectivity of the Act. (Amnesty ended March 18, 2003) Procedures in Art. IV of the Act and other requirements are followed

9. Violations and Penalties (Sec. 21)

Imprisonment ranging from 6 years and 1 day to 12 years And/or a fine not less than P50,000.00 but not more than P200,000.00 at the discretion of the court shall be imposed on any person who shall commit the following acts:
obtaining consent for an adoption through coercion, under influence, fraud, improper inducement or other similar acts; non-compliance with the procedure and safeguards provided by law for adoption; or subjecting or exposing the child to be adopted to danger, abuse or exploitation.

Causing the fictitious registration of the birth of a child under the names of persons who is/are not the childs biological parents shall be guilty of simulation of birth Penalty: fine not exceeding P50,000.00 prison major/medium period

Types of Adoption
1. Agency Adoption

is when a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed. The adoptive families go through the process from application to finalization of the childs adoption under the auspices of the Department of Social Welfare and Development or a licensed childplacing agency.

2. Direct / Independent Placement Adoption is when the biological parents make a direct placement of the child either to a relative, a member of their family, or a friend/nonrelative with whom they relinquish their child.

Effects of Adoption
1. Sever legal ties between the biological parent(s) and the adoptee, except when the biological parents is the spouse of the adopter; 2. Deem adoptee as a legitimate child of the adopter; 3. Give the adopter and adoptee equal rights and obligations arising from the relationship of parents and child, including but not limited to: the right of the adopter to choose the name the child is to be known; and the rights of the adopter & adoptee to be legal and compulsory heirs of each other.

Who may be adopted?

1. Any person below (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 PD 603: The Child & Youth Welfare Code;

2. The legitimate son/daughter of one spouse by the other spouse;

3. An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;

4. 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; 5. A child whose adoption has been previously rescinded; or 6. 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).

Who may adopt?

1. Is of legal age; 2. Is at least sixteen (16) years older than the adoptee; Provided, however that the minimum age gap between the adopter and adoptee may not be required if the adopter is the biological parent or sibling of the adoptee or the spouse of the adoptees parent; 3. Has the capacity to act and assume all the rights and duties incident to the exercise of parental authority; 4. Is of good moral character and has not been convicted of any crime involving moral turpitude;

5. Is in 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; 6. 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 adopters country and reside there permanently as an adopted child; c. Has submitted the necessary & such other certifications as may be required by the Department.

What are the documents needed?

For the prospective adoptive parents (PAP) 1. Authenticated birth certificate 2. Marriage contract or divorce, annulment, declaration of nullity or legal separation documents 3. Written consent to the adoption of the legitimate, adopted or illegitimate children living with the applicant who are aged 10 years old and above 4. Physical and medical evaluation from a duly licensed physician; psychological evaluation, if necessary.

5. NBI/Police clearance 6. Latest Income Tax 7. Three (3) character reference 8. 3 x 5 picture 9. Certificate of attendance to adoption fora 10. Home Study Report

For the prospective adoptive child

1.
2.

3.

4. 5. 6. 7.

Authenticated birth certificate or foundling certificate Written consent to adoption by the biological parent/s or the legal guardian & the written consent of the child if at least 10 years old Death certificate of biological parents, Decree of Abandonment or Deed of Voluntary Commitment, as appropriate Medical Evaluation of the child and his/her parents, if available Psychological Evaluation Picture of the child Case study report

Domestic Adoption Process

1. 2. 3. 4. 5. 6. 7. 8. Attendance to adoption fora / seminar Application Preparation of homestudy report Approval / disapproval of application Matching or family selection Pre-placement of child with the PAP Placement Supervised trial custody

9.

10. 11. 12. 13.

Finalization of Childs adoption Issuance of the consent to adoption Preparation and filing of petition for adoption Social case study report Court hearing on the petition Issuance of the Adoption Decree Issuance of Amended Birth Certificate Issuance of a Certificate of Finality Provision of Post adoptive services

Domestic Adoption Process

Identification of child for adoption

Attendance to Adoption Fora/ Seminar

Application for Adoption by Prospective Adoptive Applicant/s (PAP)

Child Study

Legend: Y yes N no CWSG Child Welfare Specialist Group

Matching (Regional CWSG)

Childs Documents

Assessment/ Home Study of PAP

Y
Placement of Child with PAP

Inter-regional Matching (IAPC) Inter-country Matching

N
Child

Matching (Regional CWSG)

PAP

Post Adoption Services File Adoption Petition Court Hearing Adoption Decree Amended Birth Certificate

Y
Placement to Foster Families/ or return to CCAs Issuance of Consent to Adoption

Levels of Adoption
Inter country Adoption Board (ICAB) Inter country Placement Committee (ICPC)

Inter regional Matching Program Management Bureau (DSWD Central Office) Inter regional Matching Committee (IMC)

Local Adoption (DSWD Field Office)

Regional Child and Welfare Specialist Group (CWSG)

Related Issues/Concerns on Adoption

1.

Post Adoption Services (PAS) refer to psycho-social and support services provided to the adoptee, adoptive parents and birth parents by the social worker, ICAB, CC/CP agencies trained on adoption and by other professionals. a. Search for Biological Parents Factors why Adoptees Search
{studies of Triseoliotis (1973) and Sorosky (1975)} Non-disclosure of background information on the revelation of only hostile data Unsatisfactory adoptive family relationships Negative self-image

b.

Why is there a need to have a mechanism for a systematic delivery of post adoption services?

To provide protection to the rights of the adoptee, adoptive parents and the birth parents To maintain the confidentiality and privacy of the adoption To prepare the adoptee, adoptive parents and the birth parents prior to the search and reunion, if decided. To provide supervised access to relevant info/ records to the adoptee and adoptive parents To define and support all other post placement PAS as a resource for the adoptee, adoptive parents and the birth parents

2.

Disruption of Adoption Placement Occurs when adoption placement is not completed or discontinued due to problems either or both on the parts of the child and/ or adoptive family Refrain from use of the word failure so as not to reinforce feelings of guilt and inadequacy of the adoptive family, the child or social worker

Disruption may occur if there is: 1. Mismatching of adoptive family and child 2. Inadequate assessment and preparation of adoptive parents 3. Poor preparation of the child 4. Fragmented post placement visits

3.

Rescission of Adoption Require a judicial extinguishment of all reciprocal rights and obligations between the adoptees and the adoptive parents Adoption may only be rescinded only upon the petition of the adoptee with the assistance of the DSWD, if a minor, or if over 18 years old but is incapacitated Adoptees may disinherit the adoptee for causes provided in Article 919 of the Civil Code

GROUNDS: 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

EFFECTS:
1.

2.

3.

4.

5.

Restoration of parental authority of the adoptees biological parent (s), if known or the legal custody of the Department of the adoptee if still a minor or incapacitated. The reciprocal rights and obligations of the adopter (s) and the adoptee to each other shall be extinguished Cancellation of the new birth certificate of the adoptee by the Civil Registrar as ordered by the court and restoration of the adopters 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.

PROCEDURES
1.

If a report of the situations enumerated above are committed by the adoptive parents to an adoptee who is a minor below 18 years old had been received by the office, the social worker shall gather information/ data of the case and report same to the Provincial/ City Prosecutor covering the area. Proceed with your assessment and help gather evidences which may help in the evaluation of the case. Prepare a case study report.

2.

3.

Through the Legal Service of the Department of Social Welfare and Development or the Public Assistance Office or any duly authorized legal representative prepare and file the petition for the rescission of adoption, if the adoptee can not afford to hire a lawyer.
Simultaneous with the social workers assessment of the case for both the adoptee and his/ her adoptive parents, prepare a replacement plan for the child

4.

4.

Sharing with the child his/ her adoptive status

When to tell that he/ she is adopted

5.

Infertility problem Stages of Grief Shock Protest Abandonment of Hope or Despair Final Resolution