Eighteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11642, January 06, 2022 ]

AN ACT STRENGTHENING ALTERNATIVE CHILD CARE BY PROVIDING FOR AN

ADMINISTRATIVE PROCESS OF DOMESTIC ADOPTION, REORGANIZING FOR THE
PURPOSE THE INTER-COUNTRY ADOPTION BOARD (ICAB) INTO THE NATIONAL
AUTHORITY FOR CHILD CARE (NACC), AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
8043, REPUBLIC ACT NO. 11222, AND REPUBLIC ACT NO. 10165, REPEALING REPUBLIC
ACT NO. 8552, AND REPUBLIC ACT NO. 9523, AND APPROPRIATING FUNDS THEREFOR

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 “Domestic Administrative Adoption and
Alternative Child Care Act”.

Section 2. Declaration of Policy. – It is hereby declared the policy of the State to ensure that every
child remains under the care and custody of the parents and be provided with love, care,
understanding, and security towards the full and harmonious development of the child’ personality.
Only when such efforts prove insufficient and no appropriate placement or adoption by an unrelated
person be considered.

The best interest of the child shall be the paramount consideration in the enactment of alternative
care, custody, and adoption policies. It shall be in accordance with the tenets set forth in all the
rights of the child enumerated under Article 3 of Presidential Decree No. 603, otherwise known as
the “Child and Youth Welfare Code”; the “United Nations Convention on the Rights of the Child
(UNCRC)”; the “United Nations Guidelines on Alternative Care of Children”; the “United Nations
Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with
Special Internationally’; and the “Hague Convention on the Protection of Children and Cooperation in
Respect of Inter-Country Adoption”.

Toward this end, the State shall:

(a) Ensure that a child without parental care, or at risk of losing it, is provided with alternative
care options such as adoption and foster care;

(b) Establish alternative care standards to ensure that the quality of life and living conditions
set are conducive to the child’s development;

(c) Safeguard the biological parents from making hasty decisions to relinquish parental
authority over the child;
 (d) Prevent unnecessary separation of the child from the biological parents;

(e) Protect the adoptive parents from attempts to disturb their parental authority and custody
over the adopted child;

(f) Conduct public information and educational campaign to promote a positive environment
for adoption;

(g) Ensure that sufficient capacity exists within government and private sector agencies to
handle adoption inquiries, process domestic adoption petitions, and offer adoption-related
services, including pre-adoption and post-adoption services, for the biological parents,
children, and adoptive parents;

(h) Encourage domestic adoption so as to preserve the child’s identity and culture in the
child’s native land, and only when this is not feasible shall inter-country adoption be
considered; and

(i) Establish a system of cooperation with the Inter-Agency Council Against Trafficking
(IACAT), to prevent the sale, trafficking, and abduction of children and to protect Filipino
children abandoned overseas who are made vulnerable by their irregular status.

No child shall be a subject of administrative adoption unless the status of the child has been
declared legally available for adoption except in cases of relative or step-parent adoption where such
declaration is not required. Independent placement cases, or the entrustment of a child by the
birthparents to a relative or another person without seeking intervention from government,
nongovernment, or any social worker, will be covered by the provisions of this Act if the child is
already in the custody of their custodian before the effectivity of this Act.

It is hereby recognized that the administrative adoption processes for the cases of legally-available
children, relative, stepchild, and adult adoptees are the most expeditious proceedings that will
redound to their best interest.

Section 3. Objectives. – This Act shall provide for and allow simpler and inexpensive domestic
administrative adoption proceedings and shall streamline services for alternative child care.
Pursuant to this, it shall create the National Authority for Child Care (NACC), which shall exercise all
powers and functions relating to alternative child care including, declaring a child legally available for
both domestic, administrative adoption and inter-country adoption, foster care, kinship care, family-
like care, or residential care.

Section 4. Definition of Terms. – As used in this Act:

(a) Abandoned child refers to a child who has no proper parental care or guardianship, a
foundling, or on who has been deserted by one’s parents for a period of at least three (3)
continuous months, and has been declared as such by the NACC;

(b) Abandoned Filipino child in foreign country refers to an unregistered or undocumented

child found outside the Philippine territory, with known or unknown facts of birth, separated
from or deserted by the biological Filipino parent guardian, or custodian for a period of at
least three (3) continuous months and committed to a foreign orphanage or charitable
institution or in a temporary informal care, and has been declared as such by the NACC,
upon recommendation of the Office of the Social Welfare Attaché (OSWA) of the Department
of Social Welfare and Development (DSWD), or the Department of Foreign Affairs (DFA);

(c) Actual custodian refers to the guardian or spouses who raised a child or person and
consistently treated the child as their own;

(d) Adoption refers to the socio-legal process of providing a permanent family to a child
whose parents had voluntarily or involuntarily given up their parental rights, permanently
transferring all rights and responsibilities, along with filiation, making the child a legitimate
child of the adoptive parents: Provided, That adult adoption shall be covered by the benefits
of this Act;

In the interest of clarity, adoption shall cease to be part of alternative child care and becomes
parental care as soon as the process is completed.

(e) Adoption para-social worker refers to an unregistered and unlicensed social work
practitioner who ideally has three (3) years of experience in handling alternative child care or
adoption cases, or both;

(f) Adoption social worker refers to an individual who is registered and licensed by the
Professional Regulation Commission (PRC), in accordance with Republic Act No. 9433,
otherwise known as the “Magna Carta for Public Social Workers” and who ideally has three
(3) years of experience in handling alternative child care or adoption cases, or both. For
purposes of this Act, in the event that an adoption social worker is not available, adoption
para-social worker shall be allowed to render the services required: Provided, That only duly
registered and licensed social workers shall sign and submit the pertinent documents;

(g) Alternative child care refers to the provision of planned substitute parental care to a child
who is orphaned, abandoned, neglected, or surrendered, by a child-caring or child-placing
agency. This may include foster care, kinship care, family-like care, and residential care;

(h) Child refers to a person below eighteen (18) years of age or a person eighteen (18) years
of age or over but who is unable to fully take care or protect himself or herself from abuse,
neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability
or condition: Provided, That for the purpose of this Act, where relevant, a child shall also
refer to an adult son, daughter, or offspring;

(i) Child Legally Available for Adoption (CLAA) refers to a child in whose favor a certification
was issued by the NACC that such child is legally available for adoption after the fact of
abandonment or neglect has been proven through the submission of pertinent documents, or
one who was voluntarily committed by the child’s parents or legal guardians;

(j) Certificate Declaring a Child Legally Available for Adoption (CDCLAA) refers to the final
written administrative order issued by the NACC declaring a child to be abandoned and
neglected, and committing such child to the care of the NACC through a foster parent,
guardian, or duly licensed child-caring or child-placing agency. The rights of the biological
parents, guardian, or other custodian to exercise authority over the child shall cease upon
issuance of the CDCLAA;

(k) Child-caring agency refers to a duly licensed and accredited agency by the DSWD that
provides twenty-four (24)-hour residential care services for abandoned, orphaned, neglected,
or voluntarily and involuntarily committed children;
(l) Child case study report refers to a written report prepared by an adoption social worker
containing all the necessary information about a child, including the child’s legal status,
placement history, past and present biopsychosocial and spiritual aspects, case background,
ethno-cultural background, and biological family background or history;

(m) Child-placing agency refers to a private nonprofit or charitable or government agency

duly licensed and accredited agency by the DSWD to provide comprehensive child welfare
services including receiving and processing of petitions, for adoption and foster care,
evaluating the prospective adoptive parents (PAPs) or foster parents, preparing the child
case study report and home study report;

(n) Child Placement Committee (CPC) refers to the committee under the supervision of the
Deputy Director for Services composed of a child psychiatrist or psychologist, a medical
doctor, a lawyer, an adoption social worker, a representative of nongovernmental
organization (NGO) engaged in child welfare, and any other professional as may be needed,
to provide the necessary assistance in reviewing petitions for adoption;

(o) Deed of Voluntary Commitment (DVC) refers to the notarized instrument relinquishing
parental authority and committing the child to the care and custody of the NACC or child-
placing or child-caring agency, executed by the child’s biological parents 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 NACC, after counseling and other services have been
made available to encourage the child’s biological parents or legal guardian to keep the
child;

(p) Domestic adoption refers to an administrative adoption proceeding where the Order of
Adoption is issued within the Philippines and is undertaken between a Filipino child and
eligible adoptive parents;

(q) Foreign national refers to any person who is not a Filipino citizen;

(r) Foster care refers to the provision of planned temporary substitute parental care to a child
by a foster parent;

(s) Foster child refers to a child placed under foster care;

(t) Foster parent refers to a person, duly licensed by the NACC, to provide foster care;

(u) Foundling refers to a deserted or abandoned child of unknown parentage and whose date
or circumstances of birth on Philippine territory are unknown and undocumented. This shall
also include those with the above circumstance of birth during their infancy and/or childhood,
and have reached the age of majority without benefiting from adoption procedures;

(v) Home study report refers to a written report prepared by an adoption social worker
relative to the motivation and capacity of the prospective adoptive or foster parents to
provide a home that meets the needs of a child;

(w) Inter-country adoption refers to the socio-legal process of adopting a child by a foreign
national or a Filipino citizen habitually a resident outside Philippine territory which complies
with the principles stated in the Hague Convention of 1993;
(x) Involuntarily committed child refers to one who has been permanently deprived of
parental authority due to: abandonment; substantial, continuous, or repeated neglect; abuse
or incompetence to discharge parental responsibilities, of known or unknown parents;

(y) Local Social Welfare Development Officer (LSWDO) refers to a person who is a duly
licensed social worker and appointed by the local chief executive to head the provincial, city,
or municipal social welfare development office which serves as the frontline of the local
government unit (LGU) in the delivery of social welfare and development programs and
services;

(z) Matching refers to the judicious selection from the regional or interregional levels of a
family for a child based on the child’s needs and 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;

(aa) Neglected child refers to a child whose physical and emotional needs have been
deliberately unattended or inadequately attended within a period of three (3) continuous
months. A child is unattended when left without the proper provisions or proper supervision;

(bb) Petition refers to the duly accomplished application from for the foster case or adoption,
including the social case study report and its supporting documents from an authorized or
accredited agency or central authority;

(cc) Placement refers to the physical entrustment of the child with the foster parent or to the
adoptive parents;

(dd) Post-adoption services refer to psychosocial services and support services provided by
adoption social workers after the issuance of the Order of Adoption by the NACC or Final
Decree of Adoption or its equivalent;

(ee) Pre-Adoption Placement Authority (PAPA) refers to the matching committee organized
by the NACC, through the RACCO, that is tasked to deliberate the regional and interregional
matching of children legally available for adoption and approved prospective adoptive
parents;

(hh) Relative refers to someone other than family members, within fourth (4th) degree of
consanguinity or affinity;

(ii) Simulation of birth record refers to the tampering of the civil registry to make it appear in
the record of birth that a child was born to a person who is not such child’s biological mother,
causing the loss of the true identity and status of such child;

(jj) Social case study report refers to the report prepared by the adoption social worker on the
PAP’s capacity to raise the child; the social agency efforts to locate the child’s biological
parents or relatives; interventions given to the child and the family; and the adoption social
worker’s assessment of the case. It shall include both the child case study report and the
home study report;

(kk) Social worker refers to a licensed practitioner by the PRC who, by academic training and
social work professional experience, possesses the skill to achieve the objectives as defined
and set by the social work profession, through the use of the basic methods and technique of
 social work (case work, group work, and community organization) which are designed to
enable individuals, groups and communities to meet their needs and to solve the problems of
adjustment to a hanging pattern of society and, through coordination with an organized social
work agency which is supported partially or wholly from government or community solicited
funds;

(ll) Step-parent refers to a parent who is married to the mother or father of a child, but who is
not that child’s biological mother or father;

(mm) Supervised trial custody (STC) refers to the period of time after the placement of a
child in an adoptive home whereby an adoption social worker helps the adoptive family and
the child in the adjustment process to facilitate the legal union through adoption;

(nn) Support refers to everything indispensable for the full and harmonious development of
the child, including sustenance, dwelling, clothing, medical attention, and education, in
keeping with the financial capacity of the family; and

(oo) Voluntarily committed child refers to the one whose parent or legal guardian knowingly
and willingly relinquished parental authority to the NACC, the DSWD, or any duly accredited
child-placing or child-caring agency or institution.

ARTICLE II
NATIONAL AUTHORITY FOR CHILD CARE

Section 5. National Authority for Child Care (NACC). – The Inter-Country Adoption Board (ICAB) is
hereby reorganized to a one-step quasi-judicial agency on alternative child care, known as the
National Authority for Child Care (NACC), attached to the DSWD.

All duties, functions, and responsibilities of the ICAB, the DSWD, and those of other government
agencies relating to alternative child care and adoption are hereby transferred to the NACC.

The Department of Budget and Management (DBM), in coordination with the ICAB and the DSWD,
shall formulate a cohesive organizational structure with corresponding plantilla positions responsive
to fulfill the functions and divisions of the NACC as stipulated under this Act.

Section 6. Jurisdiction of the NACC. – The NACC shall have the original and exclusive jurisdiction
over all matters pertaining to alternative child care, including declaring a child legally available for
adoption; domestic administrative adoption; adult adoption; foster care under Republic Act No.
10165, otherwise known as the “Foster Care Act of 2012”; adoptions under Republic Act No. 11222,
otherwise known as the “Simulated Birth Rectification Act”; and inter-country adoption under
Republic Act No. 8043, otherwise known as the “Inter-Country Adoption Act of 1995”. The NACC
shall also have the authority to impose penalties in case of any violation of this Act.

Section 7. Composition of the NACC. – The NACC shall be composed of a Council and a
Secretariat.

The Council shall be composed of the Secretary of the DSWD as ex officio chairperson and six (6)
other members, who are 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 (RTC) judge, one (1) registered
social worker, and two (2) representatives from NGOs engaged in child-caring and child-placing
activities.

The members of the Council shall receive a reasonable per diem allowance for each meeting
attended.

The Council shall act as the policy-making body for purposes of carrying out the provisions of this
Act and shall formulate child welfare policies which shall constantly adjust to ongoing studies on
alternative child care. En banc, it shall serve as Appeals Committee for contested denials of petitions
issued by the Executive Director or the Deputy Director for Services.

The Secretariat shall implement and execute policies on alternative child care pursuant to the
provisions of this Act. It shall be headed by an Executive Director, with the rank of an
Undersecretary who shall be assisted by two (2) deputy directors, one (1) for services and another
one (1) for administration and finance with the rank of Assistant Secretary.

The Deputy Director for Services shall, pursuant to the provisions of this Act, assist the Executive
Director in the supervision and monitoring of the overall process for alternative child care, including
declaring a child legally available for adoption, domestic, and inter-country adoption, foster care,
residential care, family-like care, and kinship care, as well as the provision of child and family welfare
services.

The NACC may hire professionals and various experts, who shall form part of the CPC to be
composed of a child psychiatrist or psychologist, a medical doctor, a lawyer, an adoption social
worker, a representative of an NGO engaged in child welfare, and any other professionals, as may
be needed, to provide the necessary assistance to the Deputy Director for Services and Executive
Director in reviewing petitions for adoption.

The Deputy Director for Administration and Finance shall be in charge of human resource
development and management, property and logistics management, assets and financial
management, and other administrative support services.

Section 8. Functions of the NACC. – The NACC shall ensure that the petitions, and all other matters
involving alternative child care, including the issuance of CDCLAA, and the process of domestic and
inter-country adoption, foster care, kinship care, family-like care, or residential care are simple,
expeditious, and inexpensive, and will redound to the best interest of the child involved.

Towards this end, the NACC Council shall act as the policy-making body and when convened as
such, as an en banc appeals committee for contested denials of petitions issued by the Executive
Director or the Deputy Director for Services, while the NACC Secretariat shall be responsible for the
following key functions:

(a) Act and resolve petitions for the issuance of CDCLAA as provided under this Act;

(b) Facilitate, act, and resolve all matters relating domestic administrative adoption as
provided in this Act;

(c) Facilitate, act, and resolve all matter relating to inter-country adoption, pursuant to
Republic Act No. 8043;
(d) Facilitate, act, and resolve all matters relating to foster care pursuant to Republic Act No.
10165;

(e) Facilitate, act and resolve all matters relating to the rectification of simulated birth
pursuant to Republic Act No. 11222;

(f) Supervise and control the following acts to be performed by the RACCO under the
provisions of this Act;

(g) Determine action on petitions for adoption, foster care, and other forms of alternative
child care that been filed through and processed by the RACCOs;

(h) Set standards and guidelines on adoption including pre- and post-legal adoption services;

(i) Convene an Independent Appeals Committee whenever necessary to be composed of

professionals and experts from its CPC, to resolve appeals filed by interested parties
involving denials of petitions at the RACCO level;

(j) Act as the central authority in matter relating to inter-country adoption and shall act as the
policy-making body for purposed of carrying out the provisions of this Act, including Republic
Act No. 8043, in consultation and coordination with the DSWD-OSWA, DFA, the different
child care and placement agencies, adoptive agencies, as well as NGOs engaged in child
care and placement activities, specifically the functions under Section 4 of the
aforementioned law;

(k) Determine, in coordination with the DFA or the OSWA, procedures for suitable alternative
care of Filipino children stranded abroad, including countries not party to the Hague
Convention or have no diplomatic relations with the Philippines;

(l) Ensure that inter-country adoption will not be pursued until all possible domestic
placement of the child has been exhausted;

(m) Conduct national information dissemination and advocacy campaign on alternative child
care;

(n) Establish clear programs to keep children with their biological families wherever possible;

(o) Assess the progress and identify gaps in the implementation of this Act and come up with
policy recommendations;

(p) Keep records of all adoption, foster care, and other alternative child care cases, and
provide periodic information and reports on the performance of the agency;

(q) Conduct research on adoption, foster care, and other alternative child care policies or in
related fields to further improve and strengthen the office programs and services and for
policy formulation and development;

(r) Provide technical assistance and conduct capability-building activities to all concerned
agencies and stakeholders;

(s) Determine and impose administrative fees;

 (t) In partnership with the Department of the Interior and Local Government (DILG), provide
the necessary support and technical assistance to LGUs, especially the Local Council for
Protection of Children (LCPC), who are among the first responders to cases of child
abandonment and voluntary commitment, on matters related to alternative child care
processes and engage them during the pre-adoption process;

(u) Build linkages and partnerships with independent and private entities such as licensed
and accredited child-caring institutions, foundations, and social worker groups to ease the
burden on the government to monitor all petitions;

(v) Impose fines or penalties for any noncompliance with or breach of this Act, its
implementing rules and regulations (IRR), and the rules and regulations which it promulgates
or administers;

(w) Formulate and develop policies for programs and services relating to the process of
adoption, foster care, kinship care, family-like care, or residential care; and

(x) Enforce this Act and its IRR, as well as perform all other functions necessary to carry out
the objectives of this Act and other related laws, such as Republic Act No. 8043 and
Republic Act No. 10165 toward the simple, expeditious, and inexpensive process relating to
foster care, issuance of CDCLAA, domestic administrative adoption, and inter-country
adoption, and all other forms of alternative care, that would redound to the best interest of
the child.

Section 9. Regional Alternative Child Care Office (RACCO). – There shall also be a Regional
Alternative Child Care Office (RACCO) created for each region of the country, which shall be headed
by a Regional Alternative Child Care (RACC) officer.

The RACCO is tasked to ensure a well-functioning system of receipt of local petitions for CDCLAA
and adoption, and other requests regarding alternative placement and well-being of children.

The RACCO shall have dedicated personnel who shall exclusively handle each of the following:

(a) Issuance of the CDCLAA;

(b) Domestic administrative adoption;

(c) Inter-country adoption;

(d) Foster care;

(e) All other forms of alternative care including family-like care, kinship care, and residential
care; and

(f) Rectification of simulated birth pursuant to Republic Act No. 11222.

There shall be an RCPC installed in each RACCO which shall be supervised by the RACC officer. It
shall be composed of a multidisciplinary group including a child psychiatrist or psychologist, a
medical doctor, a member of the Philippine Bard, an adoption social worker and a representative of
an NGO involved in child welfare: Provided, That no member of the group shall have relations with
the child or PAP being matched.
Section 10. Appointments and Staffing Patterns. – The DBM, in coordination with the ICAB and
DSWD, shall create the organizational structure and staffing patterns necessary for the performance
of functions of the NACC: Provided, That officers and employees holding permanent appointments
shall be given preference for appointment to the new positions in the approved staffing pattern
comparable to their former positions.

Provided, further, That existing plantilla items in the ICAB and DSWD which are dedicated to
alternative child care and adoption shall be transferred to the NACC.

Provided, finally, That no new employees shall be hired until all permanent officers and employees
have been appointed, including temporary and casual employees who possess the necessary
qualification requirements, among which is the appropriate civil service eligibility, for permanent
appointment to positions in the approved staffing pattern, in case there are still positions to be filled,
unless such positions are policy-determining, primarily confidential or highly technical in nature.

Qualifications of all appointees shall be in accordance with civil service rules and regulations. The
existing Adoption Resource and Referral Unit (ARRU) of the DSWD shall now function as the
RACCOs for each region of the country under the NACC.

ARTICLE III
DECLARATION OF A CHILD LEGALLY
AVAILABLE FOR ADOPTION

Section 11. Declaration of Availability for Adoption of Involuntarily Committed Child and Voluntarily
Committed Child. – The CDCLAA in case of an involuntarily committed child under Article 141,
paragraph 4(a) and Article 142 of Presidential Decree No. 603 shall be issued by the NACC within
three (3) months following such involuntary commitment.

In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. 603, the
CDCLAA shall be issued by the Executive Director within three (3) months following the filing of the
DVC, as signed by the parents with the NACC.

Upon petition filed with the NACC, the parents or legal guardian who voluntarily committed a child
may recover legal custody and parental authority from the agency or institution to which such child
was voluntarily committed when it shown to the satisfaction of the NACC that the parents or legal
guardian is in a position to adequately provide for the needs of the child: Provided, That the petition
for restoration is filed within three (3) months after the signing of the DVC.

In the case of foundlings, the CDCLAA shall be issued by the Executive Director within three (3)
months following the issuance of the child’s foundling certificate or birth certificate

Section 12. Who May File a Petition for CDCLAA. – The Head or Executive Director of a licensed or
accredited child-caring or child-placing agency or institution managed by the government, PGU,
NGO, or provincial, city, or municipal social welfare development officer (SWDO) who has actual
custody of the minor may file a petition before the NACC, through the RACCO, for the issuance of a
CDCLAA. If the child is under the custody of any other individual, the child-caring or child-placing
agency or institution shall do so with the consent of the child’s custodian.

Section 13. Petition for CDCLAA. – The petition shall be in the form of an affidavit, subscribed and
sworn to before any person authorized by law to administer oaths.
It shall contain facts necessary to establish the merits of the petition and shall state the
circumstances surrounding the abandonment, neglect, voluntary commitment of the child, or
discovery of the foundling.

The petition shall be supported by the following documents:

(a) Social case study report made by the RACCO, LGU, licensed or accredited child-caring
or child-placing agency or institution charged with the custody of the child;

(b) Proof that efforts were made to locate the parents or any known relatives of the child. The
following shall be considered sufficient;

(1) Written certification from a local or national radio or television station that the
case was aired on three (3) different occasions;

(2) Publication in one (1) newspaper of general circulation to be shouldered by the

petitioner: Provided, That publication can be dispensed with in the case of step-
parent and relative adoption;

(3) Police report or barangay certification from the locality where the child was found,
or a certified copy of tracing report issued by the Philippine Red Cross national
headquarters (NHQ) or social service division, which states that despite due
diligence, the child’s parents could not be found;

(4) Returned registered mail to the last known address of the parents or known
relatives, if any; or in the case of a voluntarily committed child, the DVC signed by
the biological parent;

(5) Birth certificate, if available; and

(6) Recent photograph of the child and photograph of the child upon abandonment or
admission to the agency or institution.

Section 14. Procedure for the Filing of the Petition for CDCLAA. – The petition shall be filed in the
RACCO where the child was found, abandoned, voluntarily committed, or discovered.

The RACCO shall immediately examine the petition and its supporting documents, if sufficient in
form and substance, and shall authorize the posting of the notice of the petition in a conspicuous
place for five (5) consecutive days in the locality where the child was found, abandoned, voluntarily
committed, or discovered, and in social media platforms or other online platforms of the NACC and
the concerned LGU.

If the RACCO finds that the petition is insufficient, the case shall be put on hold and the petition shall
be returned to the petitioner for compliance with the additional information or documents requested
by the RACCO.

Within fifteen (15) working days after the completion of its posting, the RACCO shall render a
recommendation and transmit a copy of such recommendation, together with the records, to the
Executive Director.
Section 15. Declaration of Availability for Adoption. – Upon finding merit in the petition, the
Executive Director shall issue a CDCLAA within seven (7) working days from receipt of the
recommendation, unless further investigation or additional information or documents are needed to
determine the merits of the petition. A copy of the CDCLAA shall be transmitted to the petitioner and
all interested parties known to the Executive Director.

Section 16. Opposition to the Petition for CDCLAA. – In cases of abandoned, neglected children,
and foundlings, if the biological parents, relatives or legal guardian of the child appear and oppose
the issuance of the CDCLAA, prior to its issuance, the case shall be put on hold and the RACCO,
Deputy Director for Services, or Executive Director, depending on where the case is pending for
review at the time the petition is opposed, shall direct the handling adoption social worker to
immediately investigate and request for a Parenting Capability Assessment Report (PCAR) from the
LGU where the biological parents, relatives, or legal guardian reside.

Within fifteen (15) working days after the issuance of the PCAR, the handling adoption social worker
shall render a recommendation on whether to grant or deny the opposition of the biological parents,
relatives, or legal guardian of the child.

Within fifteen (15) working days after the receipt of the handling adoption social worker’s
recommendation, the RACCO, Deputy Director for Services, or Executive Director shall decide on
the merits of the petition.

Section 17. Appeal. – The decision of the NACC shall be appealable to the Court of Appeals within
ten (10) days from receipt of the Order by the interested party, otherwise the same shall be final and
executory.

Section 18. Certification. – The CDCLAA issued by the NACC Executive Director shall be, for all
intents and purposes, the best evidence that the child is legally available in a domestic adoption
proceeding: and in an inter-country adoption proceeding, as provided in Republic Act No. 8043.

Section 19. Counseling Services. – It shall be the duty of the NACC, through the RACCO, child-
caring or child-placing agencies, as well as the city, municipal, or barangay social workers, when
appropriate, to provide necessary and appropriate counseling services by adoption social workers to
the following:

(a) Biological Parents – Counseling shall be provided to the biological parents before and
after the birth of the child. No binding commitment to an adoption plan shall be permitted
before the birth of the child.

In all proceedings for adoption, the NACC shall require proof that the biological parents have
been properly counseled to prevent them 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 own how will be inimical to child
welfare and interest.

A period of three (3) months shall be allowed for the biological parents to reconsider any
decision to relinquish a child for adoption before the decision becomes irrevocable.

Counseling and other appropriate social service interventions and services shall also be
offered to the biological parents after the child has been relinquished for adoption.
 Steps shall be taken by the NACC 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 Parents (PAPs) – Counseling sessions, forums, and seminars on
adoption, among others, shall be provided to resolve possible adoption issues and to
prepare them for effective parenting.

Adoption telling shall be one of the central themes of the sessions, forums, or seminars to
equip the PAPs with the ability to divulge the adoption to the adoptee in a manner that will
strengthen the parent-child relationship.

As a proven helpful practice, adoption shall be disclosed to the child as early as possible by
the adoptive parents: Provided, That disclosure of adoption shall be mandatory before the
adoptee reaches the age of thirteen (13) years old. An adoption social worker must conduct
adoption-themed activities to such children, which will inculcate the positive aspects of
adoption in their young minds.

Section 20. Biological Parent Search. – It shall be the duty of the NACC, LGU, or the child-placing
or the child-caring agency, which has custody of a child to exert all efforts using tri-media and any
other possible means to locate the biological parents of the child and seek their consent. If such
effort fail, the child shall, if applicable, be registered as a foundling and subsequently be the subject
of administrative proceedings where said child shall be declared abandoned: Provided, That if the
adoptee is an adult, the biological parent search is at the discretion of the adoptee.

Section 21. Who May Adopt. – The following may adopt:

(a) Any Filipino citizen at least twenty-five (25) years of age, who is in possession of full civil
capacity and legal rights; has not been convicted of any crime involving moral turpitude; is of
good moral character and can model the same; is 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 adopted children in keeping with the means of the
family: Provided, That the requirement of sixteen (16)-years difference between the age of
the adopter and the adoptee may be waived when the adopter is the biological parent of the
adoptee, or is the spouse of the adoptee’s parent;

(b) The legal guardian with respect to the ward after the termination of the guardianship and
clearance of financial accountabilities;

(c) The legal guardians with respect to the foster child;

(d) Philippine government officials and employees deployed or stationed

abroad: Provided, That they are able to bring the child with them; and

(e) Foreign nationals who are permanent or habitual residents of the Philippines for at least
five (5) years possessing the same qualifications as above stated for Filipino nationals prior
to filing of the petition: Provided, That they come from a country with diplomatic relations with
the Republic of the Philippines and that the laws of the adopter’s country will acknowledge
the Certificate of Adoption as valid, acknowledge the child as a legal child of the adopters,
and allow entry of the child into such country as an adoptee: Provided, further, That
requirements of residency may be waived for the following:
 (1) A former Filipino citizen, habitually residing in the Philippines, who seeks to adopt
a relative within fourth (4th) civil degree of consanguinity or affinity; or

(2) One who seeks to adopt the legitimate child of the Filipino spouse; or

(3) One who is married to a Filipino citizen and seeks to adopt jointly with the spouse
a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino
spouse.

Spouses shall jointly adopt, except in the following cases:

(a) If one spouse seeks to adopt the legitimate child of the other; or

(b) If one spouse seeks to adopt own illegitimate child: Provided, That the
other spouse has signified consent thereto; or

(c) If the spouses are legally separated from each other.

Section 22. Who May Be Adopted. – The following may be adopted:

(a) Any child who has been issued a CDCLAA;

(b) The legitimate child of one spouse by the other spouse;

(c) An illegitimate child by a qualified adopter to improve status of legitimacy;

(d) A Filipino of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopters as their own child for a period of at least three (3)
years;

(e) A foster child;

(f) A child whose adoption has been previously rescinded;

(g) A child whose biological or adoptive parents have died: Provided, That no proceedings
shall be initiated within six (6) months from the time of death of said parents; or

(h) A relative of the adopter.

Section 23. Whose Consent is Necessary to the Adoption. – After being properly counseled and
informed of the right to give or withhold approval of the adoption, the written consent of the following
to the adoption are hereby required:

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parents of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child, except in the case of a
Filipino of legal age if, prior to the adoption, said person has been consistently considered
and treated as their own child by the adopters for at least three (3) years;
 (c) The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;

(d) The illegitimate children, ten (10) years of age or over, of the adopter if living with said
adopter or over whom the adopter exercises parental authority and the latter’s spouse, if any;
and

(e) The spouse, if any, of the person adopting or to be adopted.

Provided, That children under ten (10) years of age shall be counseled and consulted, but
shall not be required to execute within consent.

Section 24. Documentary Requirements. – The PAPs shall attach the following to the Petition for
Adoption and shall submit the same to the RACCO:

(a) Home study report and child case study report duly prepared pursuant to the provisions
of this Act, which requires a uniform and standardized format of the report;

(b) Authenticated or security paper copies of birth record of the PAPs and the child;

(c) Authenticated or security paper copies of Marriage Certificate, if the PAPs are married; or
Court Decision or Certificate of Finality, if annulled, divorced or legally separated;

(d) National Bureau of Investigation (NBI) or Police Clearance; If foreign national, clearance
from police authorities where he or she lived for more than twelve (12) months any time in
the past fifteen (15) years;

(e) Written consent to the adoption by the biological parent(s) or the person(s) exercising
substitute parental authority over the child and the written consent of the child if at least ten
(10) years old, signed in the presence of an adoption social worker of the NACC or child-
caring agency, or of the child-placing agency for cases where the child is from a foster home,
after proper counseling as prescribed in this Act;

(f) Authenticated or security paper copies of the Death Certificate of biological parents, as
applicable;

(g) Original copy of CDCLAA, as applicable;

(h) Result of the recent medical evaluation of the child and the PAPs;

(i) Mandatory result of the psychological evaluation of the PAPs;

(j) Mandatory result of the psychological evaluation of the child, for children five (5) years old
and above;

(k) Child care plan with a list of at least three (3) temporary custodian of the child in order of
preference in case of death, absence or incapacity of the PAPs;

(l) Letter attesting to the character and general reputation of the PAPs from at least three (3)
non-related character references, of whom one must preferably come from an employer or
supervisor or with who the PAPs have business dealings. The contact details of the person
attesting must be so indicated in the letter;
 (m) Recent close-up and whole-body pictures of the child and the PAPs taken within the last
six (6) months; and

(n) Documents showing the financial capacity of the PAPs.

The NACC shall formulate and produce official, uniform, and standard forms of the foregoing
documentary requirements that will be easily used and submitted by the PAPs for their Petition for
Domestic Adoption.

The documentary requirements previously submitted to the NACC for other child care services may
be considered and admitted for domestic administrative adoption, if applicable: Provided, That the
adoption social worker of the NACC, LGU, and child-caring or child-placing agencies are nor
precluded from asking for additional documents as may be necessary as proof of the facts alleged in
the petition or to establish a factual claim.

ARTICLE IV
PROCEDURE

Section 25. Case Study. – No Petition for Adoption shall be processed by the NACC or its RACCs
unless an adoption social worker of the NACC, the social service office of the LGU, or any child-
placing or child-caring agency, has made a case study of the adoptee, the biological parents as well
as the adopters, and has submitted the report and recommendations on the matter to the respective
RACCO as among the supporting documents of the petition, and the NACC for the issuance of the
Certificate of Adoption.

At the time of preparation of the prospective adoptive child’s case study, the concerned adoption
social worker shall confirm with the Philippine Statistics Authority (PSA) the real identity and
registered name of the prospective adoptee. If the birth of a prospective adoptee was not registered
with the PSA, it shall be the responsibility of the said social worker to ensure that said prospective
adoptee is registered.

The case study on the prospective adoptive child shall establish that said child is legally available for
adoption and that the documents to support this fact are valid and authentic.

Further, the case study of the prospective adopters shall ascertain their genuine intentions and that
the adoption is in the best interest of the child. If the adoption social worker determines that the
adoption shall redound to the best interests of the child, a recommendation shall be made to the
RACCO or the NACC for the petition to be granted; otherwise, a denial thereof shall be
recommended. Upon discovery of new information that would warrant denial of the petition to protect
the best interest of the child, the said social worker is duty bound to report the same to the RACCO
or the NACC.

The case studies and other relevant documents and records pertaining to the adoptee and the
adoption shall be preserved with confidentiality by the NACC.

Section 26. Matching Process. – There shall be a matching process for case of legally available
children thirty (30) calendar days after the issuance of the CDCLAA or the next matching
conference, whichever is applicable. The matching of the child to approved PAPs shall be carried
out during the regular matching conference by the Matching Committee in the regional level, the
RCPC under the RACCOs: Provided, That interregional matching, which shall be monitored and
supervised by the Deputy Director for Services, may be conducted upon recommendation of the
Executive Director, at any time, depending on the number of children declared legally available for
adoption and the number of approved PAPs. Subject to the approval of the NACC, the RCPC shall
fix its own internal rules and procedures. However, the records of the children and the approved
PAPs not matched after two (2) presentations in the regional level shall be forwarded to the NACC
for inclusion in the interregional matching presentation: Provided, That children with special needs
shall be immediately forwarded if not matched in the first meeting, except under special
circumstance. The matching proposal made by the RCPC shall be approved by the NACC, through
the Executive Director.

Cases of step-parent adoption, relative adoption, and adult adoption, shall not undergo the matching
process: Provided, That the child and the PAPs have been living in one household for not less than
two (2) years.

Section 27. Personal Appearance of Prospective Adoptive Parents. – To further ascertain fitness,
qualifications, good intentions, and sincerity of PAPs, the handling RACCO shall require PAPs to
personally appear before it at least twice during the application period and on specific dates to be
determined by the same.

Section 28. Issuance of Pre-Adoption Placement Authority (PAPA). – Once a child is matched to an
approved PAPs and was subsequently accepted, the NACC through the RACCO shall authorize the
pre-adoption placement of the child to the PAPs if recommended by the appropriate social worker
that there is a need for supervised trial custody prior to the filing of Petition for Adoption, and in
cases when there is no decision on the Petition for Adoption within sixty (6)) calendar days from the
receipt of the Deputy Director for Services of the positive recommendation of the RACCO on the
petition, through no fault or negligence on the part of the PAPs.

In cases of adult or relative adoption, the PAPs shall automatically be issued a PAPA without
undergoing the matching process.

Section 29. Supervised Trial Custody (STC). – Upon the recommendation of the adoption social
worker of the need for STC, and after the matching process and issuance of the PAPA, the NACC
through the RACCO shall give the adopters an STC over the adoptee for a period of not more than
six (6) months within which the parties are expected to adjust psychologically and emotionally to
each other and establish a bonding relationship. The STC shall be supervised and monitored
monthly by the adoption social worker who prepared the child case study and home study report,
and who shall submit a report regarding the placement.

The PAPs shall assume all the responsibilities, rights, and duties to which the biological parents are
entitled from the date the adoptee is placed with the prospective adopters.

The STC may be waived in all cases of stepchild, relative, infant, or adult adoptions, as assessed
and recommended by the adoption social worker.

Further, for regular cases, the STC may be reduced or waived depending on the assessment and
recommendation of the adoption social worker, and the express consent of the PAPs.

For independently placed cases, the adoption social worker shall prepare one post-placement report
recommending the qualified adoptive parents to continue their parental obligations towards the child
or adoptee.

Section 30. Petition for Administrative Adoption. – The thriving parent-child relationship during the
said STC, if recommended, as substantiated by the monthly monitoring report of the adoption social
worker, shall give rise to the filling of a Petition for Adoption.
In all cases, the Petition for Adoption shall be prepared and signed by the petitioner or PAPs. The
said petition shall state the facts necessary to establish the merits of the petition. The petitioners
must specifically allege that they are at least twenty-five (25) years of age, in possession of full civil
capacity and legal rights; of good moral character; have not been convicted of any crime involving
moral turpitude; are emotionally and psychologically capable of caring for children; are at least
sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee
or is the spouse of the adoptee’s parent; and are in a position to support and care for their children in
keeping with the means of the family and have undergone pre-adoption services. The petition should
also indicate the new name the petitioner wishes the child to have, if any.

The petition shall be in the form of an affidavit and shall be subscribed and sworn to by the
petitioners before any person authorized by law to administer affirmation and oaths.

No subsequent petition involving the same PAPs shall be entertained unless the prior petition has
attained finality.

Section 31. Where to File the Petition. – The petition together with complete and original supporting
documents shall be filed by the petitioners with the RACCO of the city or municipality where the
PAPs reside.

Upon receipt by the RACCO of the petition and its supporting documents, a copy of the petition shall
be punished once a week for three (3) successive weeks in a newspaper of general circulation.

Section 32. Administrative Adoption Process. – In all proceedings for adoption, the NACC shall
decide on the basis of all the documents presented to it, as well as the evidence gathered during the
personal interviews conducted by the RACCO with the handling adoption social worker, PAPs, and
the adoptee. There shall be no adversarial proceedings and all domestic adoption cases shall be
decided within sixty (60) calendar days from the receipt of the Deputy Director for Services of the
recommendation of the RACCO on the petition.

The NACC, in the exercise of its quasi-judicial powers, shall observe and comply with the following
administrative domestic adoption process:

(a) Within fifteen (15) working days from the filing of the Petition for Adoption by the PAPs,
the RACCO shall determine whether the PAPs have complied with the substantive and
procedural requirements for domestic adoption by extensively reviewing and examining the
petition and its supporting documents, as well as conducting personal interviews with the
handling adoption social worker, the PAPs, and the adoptee: Provided, That should the
ROCCO require the PAPs to submit additional information or documents, the said fifteen
(15)-day period shall be suspended;

(b) Should the RACCO find that the PAPs sufficiently complied with the requirements under
this Act, it shall issue a certification attesting to the same, render a recommendation on
whether to grant or deny the Petition for Adoption, and forward the same to the Deputy
Director for Services within the said fifteen (15)-day period, excluding the periods of
suspension;

(c) The Deputy Director for Services, who may consult the CPC consultants, as may be
necessary, shall review the recommendation of the RACCO within fifteen (15) working days
from receipt thereof and either;
 (1) return it to the ROCCO for further examination with a written explanation of its
insufficiency, or

(2) forward the Petition for Adoption to the Executive Director for final approval;

(d) In case the petition is returned by the Deputy Director for Services to the RACCO, the
latter shall address the concerns raised by the Deputy Director for Services within fifteen (15)
working days from receipt thereof;

(e) When the petition is forwarded by the Deputy Director for Services to the Executive
Director, the latter shall act and decide on the recommendation within fifteen (15) working
days from receipt thereof. However, if within the fifteen (15)-day period, the Executive
Director finds that there is a need to return the petition to the RACCO for submission of
additional information and documents or conduct of further investigation, as may be
necessary, the action of the RACCO on the returned petition and finally deciding on whether
to grant or deny the petition by the Executive Director should be settled within fifteen (15)
workings days from the day the Executive Director returns the same to the RACCO, except
when the information and documents needed are of such nature that cannot be easily
obtained by the PAPs.

(f) In cases when there is no decision on the petition within sixty (60) calendar days from the
receipt of the Deputy Director for Services of the recommendation of the RACCO on the
petition, through no fault or negligence on the part of the PAPs, the latter may apply for
PAPA, if none has been issued yet, with the Executive Director, through the RACCO, for the
temporary placement of the child;

(g) If the Executive Director returns the petition or documents for further investigation to the
RACCO, during the period that the child is under the custody of the PAPs, the child will
remain the PAPs, taking into consideration the child’s best interests: Provided, That if the
Executive Director issues a denial on the petition, the child will be immediately removed by
the RACCO from its temporary placement with the PAPs.

Section 33. Objection to the Petition. – Any person who has personal knowledge of any information,
which by ordinary diligence could not be discovered, and which when introduced and admitted,
would result in the denial of the petition and protect the child from possible harm or abuse may, at
any time during the STC or before the issuance of the Order of Adoption, interpose an objection to
the petition and file a complaint supported by evidence to that effect, with the NACC, through the
RACCO where the petition was filed. The complaint will be subjected to verification and further
investigation.

Section 34. Order of Adoption. – If the STC, as may be applicable, is satisfactory to the parties and
the NACC is convinced that, from the trial custody report, the petition and its supporting documents
including the STC report if applicable, that the adoption shall redound to the best interest of the child
or prospective adoptee, the NACC through the Executive Director, shall issue an Order of Adoption
which is a registrable civil registry document stating the name by which the child shall be known and
shall likewise direct the following to perform the actions as stated:

(a) The adopter to submit a certified true copy of the Order of Adoption to the Civil Registrar
where the child was originally registered within thirty (30) calendar days from receipt of the
Order of Adoption; and

(b) The Civil Registrar of the place where the adoptee was registered;
 (1) To seal the original birth record in the civil registry records which can be opened
only upon order of the NACC; and

(2) To submit to the NACC proof of compliance with all the foregoing within thirty (30)
calendar days from receipt of the Order of Adoption.

An Order of Adoption obtained under this Act shall have the same effect as a Decree of Adoption
issued pursuant to the Domestic Adoption Act of 1998. A motion for reconsideration may be filed
before the NACC, through the Executive Director, within fifteen (15) calendar days from an Order
denying the adoption.

Section 35. Judicial Recourse. – Orders of Adoption may be appealed before the Court of Appeals
within ten (10) days from receipt of the Order by the interested party, or from the denial of the motion
for reconsideration; otherwise, the same shall be final and executory. Rule 43 of the 1997 Rules of
Civil Procedure, as amended, shall have suppletory application.

Section 36. Benefits of Adoptive Parents. – The adoptive parents shall enjoy all the benefits entitled
to biological parents, including benefits that can be availed through the Social Security System
(SSS), Government Service Insurance System (GSIS), Department of Labor and Employment
(DOLE), Bureau of Internal Revenue (BIR), Philippine Health Insurance Corporation (PhilHealth),
Health Maintenance Organization (HMO) providers, among others, or through other existing laws
from the date of the Order of Adoption was issued to the adoptive parent. Adoptive parents may
avail of paid maternity and paternity leaves as provided under existing laws for biological
parents: Provided, That the leave benefits in this paragraph shall only be availed if by the adoptive
parents within one (1) year from the issuance of the Order of Adoption: Provided, further, That the
leave benefits in this paragraph shall not apply in cases of adult adoptions, and in all cases where
the adoptive child has been in the care and custody of the adoptive parent for at least three (3) years
before the issuance of the Order of Adoption by the NACC.

Section 37. Civil Registry Record. – An amended certificate of birth shall be issued by the civil
registry, pursuant to the Order of Adoption, attesting to the fact that the adoptee ss the child of the
adopter by being registered with the adopter’s surname. The original birth record 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 38. Database. – The NACC shall keep a database showing the date of issuance of the
Order in each case, compliance by the Local Civil Registrar with the preceding section and all
incidents arising after the issuance of the Order of Adoption. This database shall be governed by the
provision on the succeeding section, as well as the provisions of Republic Act No. 10173, otherwise
known as the “Data Privacy Act of 2012”.

Section 39. Confidentiality. – All petitions, documents, records, and papers relating to administrative
adoption proceedings in the files of the city or municipal SWDOs, the RACCOs, the NACC, the
DSWD, or any other agency or institution participating in such proceedings shall be kept strictly
confidential. If the disclosure of certain information to a third person is necessary for security
reasons or for purposes connected with or arising out of the administrative adoption and will be for
the best interest of the adoptee, the Executive Director of the NACC may, upon appropriate request,
order the necessary information released, restricting the purposes for which it may be used and in
accordance with the existing laws on data privacy.
In any event, the disclosure of any information shall only be allowed upon the order of the Executive
Director, based on the written request of the adoptee or in the case of a minor adoptee, his or her
legal guardian or the adoptive parent or upon order of any lawful authority.

Any violation of the confidential nature of the records abovementioned shall be punishable pursuant
to the penal provisions of this Act, Republic Act No. 10173 or other relevant laws.

No copy thereof as well as any information relating hereto shall be released without written authority
from the NACC or the written request of any of the following:

(a) The adopted child, with appropriate guidance and counseling, or a duly authorized
representative, spouse, parent, direct descendant, guardian or legal institution legally in
charge of the adopted person, if 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 adopted child;

(c) The nearest kin, in case of death of the adopted child.

The NACC shall ensure that information held by them concerning the origin of the adopted child, in
particular the identity of the biological parents, is preserved.

Section 40. Assistance to Indigent PAPs. – Socialized fees may be charged to those who avail of
the administrative adoption proceedings under this Act.

The Public Attorney’s Office (PAO) shall provide free legal assistance including notarization of
documents related thereto whenever warranted for qualified PAPs.

ARTICLE V
EFFECTS OF ADOPTION

Section 41. Legitimacy. – the adoptee shall be considered the legitimate child of the adopter for all
intents and purposes and as such in entitled to all the rights and obligations provided by law to
legitimate children 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. The legitimate
filiation that is created between the adopter and adoptee shall be extended to the adopter’s parents,
adopter’s legitimate siblings, and legitimate descendants.

The adopter is also given the right to choose the name by which the child is to be known, consistent
with the best interest of the child.

Section 42. Parental Authority. – Upon issuances of the Order of Adoption, adoption shall cease as
alternative care and becomes parental care. Adoptive parents shall now have full parental authority
over the child. Except in cases where the biological parent is the spouse of the adopter, all legal ties
between the biological parents and the adoptee shall be severed and the same shall then be vested
on the adopters.

In case spouses jointly adopt or one spouse adopts the legitimate child of the other, joint parental
authority shall be exercised by the spouses.
Section 43. Succession. – In testate and intestate succession, the adopters and the adoptee shall
have reciprocal rights of succession without distinction from legitimate filiations. However, if the
adoptees and their biological parents have left a will, the law on testamentary succession shall
govern.

ARTICLE VI
POST ADOPTION SERVICES

Section 44. Preliminaries to Adoption Telling. – The adoption social worker handling the adopted
child’s case shall assist the adoptive parents in disclosing to the child the story about the adoption at
an age deemed proper by psychosocial standards: Provided, That the actual disclosure regarding
the adoption shall be the duty of the adoptive parents.

Section 45. Search or Tracing of Biological Family. – Upon reaching the age of majority, the
assistance of the NACC, LGU, or the concerned child-caring or child-placing agency may be sought
to trace the adoptee’s biological family and eventually have a face-to-face meet-up. The right of the
adoptee to identity shall take precedence over any other considerations: Provided, That the adoptee,
adoptive parents, and biological parents received adequate preparation from an adoption social
worker regarding the said meet up.

Section 46. After-care Monitoring and Submission of Report. – Upon finalization of the adoption and
the receipt of the amended birth certificate of the child, the NACC shall monitor the parent-child
relationship to ensure that the adoption has redounded to the best interest of the child. A Closing
Summary Report shall be prepared by the handling adoption social worker and submitted to the
NACC after completing the after-care monitoring to the adopters and adoptees after one (1)-year
period. Depending on the age and circumstances of the child, the NACC may require additional
visits or reporting after the one (1)-year period.

Section 47. Grounds for Rescission of Administrative Adoption. – The adoption may be rescinded
only upon the petition of the adoptee with the NACC, or with the assistance of the SWDO if the
adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is incapacitated or
by his or her guardian on any of the following grounds committed by the adopter(s):

(a) Repeated physical or verbal maltreatment by the adopter despite having undergone
counseling;

(b) Attempt on the life of the adoptee;

(c) Abandonment and failure to comply with parental obligations.

Adoption, being in the best interest of the child, shall bot be subject to rescission by the adopter.
However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code
of the Philippines.

Section 48. Venue. – The petition shall be filed with the RACCO where the adoptee resides.

Section 49. Time Within Which to File Petition for Rescission. – Upon existence of any ground or
grounds mentioned in Section 47 of this Act, the adoptee or the adoption social worker must file the
petition for rescission of adoption before the NACC.
Section 50. Order to Answer. – The NACC shall issue an order requiring the adverse party to
answer the petition for rescission within fifteen (15) days from receipt of a copy thereof. The order
and copy of the petition shall be served on the adverse party in such manner as the NACC may
direct.

Section 51. Decision. – If the NACC finds that the allegations of the petition for rescission are true, it
shall render a decision ordering the rescission of administrative adoption, with or without costs, as
justice requires. The NACC shall:

(a) Order that the parental authority of the biological parent of the adoptee be restored, upon
petition of the biological parents and if in the best interest of the child, if the adoptee is still a
minor or incapacitated, and declare that the reciprocal rights and obligations of the adopter
and the adoptee to each other shall be extinguished. If the biological parent of the adoptee
has not filed a petition for restoration of parental authority, or is not known, or if restoring the
parental authority over the adoptee is not the latter’s best interest, the NACC shall take legal
custody over the adoptee if still a child;

(b) Declare that successional rights shall revert to its status prior to adoption, as of the date
of decision. Vested rights acquired prior to administrative rescission shall be respected;

(c) Order the adoptee to use the name stated in the original birth or foundling certificate; and

(d) Order the Civil Registrar where the adoption order was registered to cancel the new birth
certificate of the adoptee and reinstate the original birth or foundling certificate.

Section 52. Service of Decision. – A certified true copy of the decision shall be served by the
petitioner upon the Civil Registrar concerned within thirty (30) days. The Civil Registrar shall
forthwith enter the rescission order in the register and submit proof of compliance to the NACC
within thirty (30) days from the receipt of the order.

All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under the Revised Penal Code and special laws if the criminal acts are properly proven.

Section 53. Effects of Rescission. – If the petition for rescission of adoption is granted, the legal
custody of the NACC shall be restored if the adoptee is still a child. The reciprocal right and
obligations of the adopters and the adoptee to each other shall be extinguished.

In cases when the petition for rescission of adoption is granted and the biological parents can prove
that they are in a position to support and care for the child and it is in the child’s best interest, the
biological parents may petition the NACC for the restoration of their parental authority over the child.

The NACC shall order the Civil Registrar General to cancel the amended birth certificate and restore
the original birth certificate of the adoptee.

Succession rights shall revert to its status prior to adoption, but only as of the date of the approval of
the petition for rescission of adoption. Vested rights acquired prior to rescission shall be respected.

All the foregoing effects of rescissions of adoption shall be without prejudice to the penalties
imposed under the Revised Penal Code if the criminal acts are properly proven.
 ARTICLE VII
VIOLATIONS AND PENALTIES

Section 54. Violations and Penalties. –

(a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12)
years or a fine of not less than Fifty thousand pesos (P50,000.00), but not more than Two
hundred thousand pesos (P200,000.00), or both, at the discretion of the court shall be
imposed on any person who shall commit any of the following acts:

(1) Obtaining consent for an adoption through coercion, undue influence, fraud,
improper material inducement, or other similar acts;

(2) Noncompliance with the procedures and safeguards provided by the law for
adoption; or

(3) Subjecting or exposing the child to be adopted to danger, abuse, or exploitation.

(b) Any person who shall cause the fictitious registration of the birth of a child under the
name of a person who is not the child’s biological parent shall be guilty of simulation of birth,
and shall be imposed the penalty of imprisonment from eight (8) years and one (1) day to ten
(10) years and a fine not exceeding Fifty thousand pesos (P50,000.00).

(c) Any physician, midwife, nurse, or hospital personnel who, in violation of their oath of
profession, shall cooperate in the execution of the abovementioned crime shall suffer the
penalties herein prescribed as well as the penalty of permanent disqualification from the
practice of profession following relevant prescription of the law and governing authorities.

(d) Any person who shall violate regulations relating to the confidentiality and integrity of
records, documents, and communication of adoption petitions, cases, and processes shall
suffer the penalty of imprisonment ranging from one (1) year to one (1) day to two (2) years,
or a fine of not less than Five thousand pesos (P5,000.00) but not more than Ten thousand
pesos (P10,000.00) or both, at the discretion of the court.

A penalty lower by two (2) degrees than the prescribed for consummated offenses 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 and where it involves a child shall
be considered as an offense constituting child trafficking and shall merit the penalty of imprisonment
from twenty (20) years and one (1) day to forty (40) years.

Act punishable under this Article are deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or confederating with one another in carrying out any of the
unlawful acts defined under this Article.

An offender who is a foreign national shall be deported immediately after service of sentence and
perpetually denied entry to the country.

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 be suspended until the
resolution of the case.

Under this Act, adoption discrimination acts, including labelling, shaming, bullying, negative stigma,
among others, are prohibited. Any person who shall commit said adoption discrimination acts shall
be penalized with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Twenty
thousand pesos (P20,000.00), at the discretion of the court.

ARTICLE VIII
FINAL PROVISIONS

Section 55. Information Dissemination. – The NACC, in coordination with the DILG, Department of
Education (DepEd), Department of Justice (DOJ), Department of Health (DOH), Council for the
Welfare of Children (CWC), Philippine Information Agency (PIA), Civil Service Commission (CSC),
GSIS, Association of Child Caring Agencies of the Philippines (ACCAP), Leagues of Cities and
Municipalities of the Philippines, NGOs focused on child care, and the media, shall disseminate to
the public information regarding this Act and its implementation and ensure that adoption and
alternative child care are portrayed on mass media truthfully and free from stigma and
discrimination.

The PIA shall strive to rectify mass media portrayals that adopted children are inferior to other
children, and shall enjoin the Kapisanan ng mga Brodkaster ng Pilipinas, all print, media, and
various social media platforms to disseminate positive information on adoption.

The DOH shall ensure that hospital workers are knowledgeable on adoption processes and the
criminal liability attached to the act of simulating birth records.

Section 56. Transitory Clause. – All judicial petitions for domestic adoption pending in court upon
the effectivity of this Act may be immediately withdrawn, and parties of the same shall be given the
option to avail of the benefits of this Act. Upon effectivity of this Act and during the pendency of the
establishment of the NACC, the functions relating to foster care, issuance of CDCLAA, and adoption
under Republic Act No. 11222 shall remain with the DSWD, specifically, its Program Management
Bureau (PMB).

In relation to domestic administrative adoption and inter-country adoption process, a transition team
composed of the DWSD and the ICAB shall act as the NACC. The ICAB Executive Director shall sit
as Chairperson of the transitory team, assisted by the DSWD-PMB Director as the Vice-
Chairperson. Personnel of the DWSD involved in adoption services may be seconded to the
transition team during the three (3)-year period. During this period, social workers already working
with adoption cases may continue to perform all duties assigned to adoption social workers in
accordance with the provisions of this Act.

The functions of the RACCO shall, during the three (3) year period, be performed by the DWSD field
offices (FOs), specifically the Adoption Resource and Referral Units (ARRU) therein. The transition
team shall provide technical assistance and policy guidance to personnel of the FOs in handling
cases. A transitory team shall be created from the DSWD and the ICAB to ensure non-disruption of
performance of functions and continued smooth delivery of services during the migration of all
alternative child care functions and services to the NACC.

During the transition period, all Orders of Adoption issued and signed by the ICAB Executive
Director as chairperson of the transition team, upon the recommendation of its members, shall be
approved by the Secretary of the DSWD, or his representative in the ICAB Board, within a period of
then (10) days from the issuance of said order: Provided, That if no action was taken by either the
Secretary or his representative in the ICAB Board during the prescribed period, the Order of
Adoption shall be deemed approved.

Upon the establishment of the NACC not later than three (3) years from the effectivity of this Act, all
applications, submissions, and petitions involving child care, including the pre-adoption and post-
adoption services, pending before the PMB and the ICAB shall be immediately forwarded to the
NACC, which shall perform its functions and powers under this Act. Thereafter, the appropriate
personnel of the ICAB and the DSWD involved in alternative child care services shall be
permanently transferred to the NACC. This relevant offices in the regional offices of the DSWD
involved in alternative child care shall, hereafter, be converted into RACCOs.

Upon effectivity of this Act and before the establishment of the NACC, administrative adoption may
be immediately availed of and the necessary guidelines to make the benefits of this Act immediately
operative shall be included in the IRR.

Section 57. Designation of the Second Week of June as Adoption and Alternative Child Care
Week. – The second week of June of every year shall be designated as Adoption and Alternative
Child Care Week. ⚖ - ℒαɯρhi৷

Section 58. Appropriations. – The amount necessary for the implementation of the provisions of this
Act shall be included in the General Appropriations Act of the year following its enactment into law
and thereafter.

Section 59. Implementing Rules and Regulations (IRR). – The Secretary of the DSWD and the
Executive Director of the ICAB, after due consultation with the PSA, DOJ, DILG, DepEd, DOH,
DOLE, NBI, Philippine Association of Civil Registrars, Juvenile Justice and Welfare Council (JJWC),
National Council on Disability Affairs (NCDA), DFA, PhilHealth, SSS, GSIS, CWC and the Office of
the Solicitor General, and two (2) private individuals representing child-placing and child-caring
agencies shall, within six (6) months from the effectivity of this Act, formulate the necessary
guidelines to make the provisions of this Act operative: Provided, That guidelines to operationalize
Section 56 of this Act shall be enacted within three (3) months from the effectivity of this Act.

Section 60. Saving Clause. – Nothing in this Act shall affect any right of an adoptee acquired by
judicial proceeding or otherwise before the commencement of this Act.

Section 61. Separability Clause. - If any provision or part of this Act is declared unconstitutional or
invalid, the remaining parts or provisions not affected shall remain in full force and effect.

Section 62. Repealing Clause. – Republic Act No. 8552 ND Republic Act No. 9523 are hereby
repealed, and Republic Act No. 8043, Republic Act No. 11222, and Republic Act No. 10165 are
amended accordingly. All laws, decrees, letters of instruction, executive issuances, resolutions,
orders or parts thereof which are inconsistent with the provisions of this Act are hereby repealed,
modified, or amended accordingly.

Section 63. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,
 (SGD.) LORD ALLAN JAY Q. VELASCO (SGD.) VICENTE C. SOTTO III
Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 1933 and House Bill No. 8998 was passed by the
Senate of the Philippines and the House of Representatives on September 28, 2021 and September
29, 2021, respectively.

(SGD.) MARK LLANDRO L. MENDOZA (SGD.) MYRA MARIE D. VILLARICA

Secretary General House of Representatives Secretary of the Senate

Approved: JAN 06 2021

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines
 .

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."

Sec. 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.chan robles virtual law library

(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 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.

Sec. 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.chan robles virtual law library

(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

Sec. 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.

Sec. 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.chan robles virtual law library

Sec. 6. Support Services. — The Department shall develop a pre-adoption

program which shall include, among others, the above mentioned services.

ARTICLE III
ELIGIBILITY

Sec. 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 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.chan robles
virtual law library

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.

Sec. 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).

Sec. 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

Sec. 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.chan
robles virtual law library

Sec. 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.

Sec. 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. 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).

Sec. 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.
Sec. 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.

Sec. 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.chan robles
virtual law library

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

Sec. 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).

Sec. 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.

Sec. 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
Sec. 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.

Sec. 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.chan robles virtual law library

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

Sec. 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 adoption; or
 (iii) subjecting or exposing the child to be adopted to danger, abuse,
or exploitation.

(b) Any person who shall cause the fictitious registration of the birth of a
child under the name(s) of a person(s) who is not his/her biological parent(s)
shall be guilty of simulation of birth, and shall be punished by prision mayor
in its medium period and a fine not exceeding Fifty thousand pesos
(P50,000.00).
.
Any physician or nurse or hospital personnel who, in violation of his/her
oath of office, shall cooperate in the execution of the abovementioned
crime shall suffer the penalties herein prescribed and also the penalty of
permanent disqualification.

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 (P5,000.00) but not more
than Ten thousand pesos (P10,000.00), at the discretion of the court.

A penalty lower by two (2) degrees than that prescribed for the
consummated offense under this Article shall be imposed upon the
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 (2) 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.chan robles virtual law library

When the offender is an alien, he/she shall be deported immediately after

service of sentence and perpetually excluded from entry to the country.
.
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.

Sec. 22. Rectification of Simulated Births. — A person who has, prior to

the effectivity of this Act, simulated the birth of a child shall not be
punished for such act: Provided, That the simulation of birth was made for
the best interest of the child and that he/she has been consistently
considered and treated by that person as his/her own
son/daughter: Provided, further, That the application for correction of the
birth registration and petition for adoption shall be filed within five (5)
years from the effectivity of this Act and completed thereafter: Provided,
finally, That such person complies with the procedure as specified in
Article IV of this Act and other requirements as determined by the
Department.

ARTICLE VIII
FINAL PROVISIONS

Sec. 23. Adoption Resource and Referral Office. — There shall be

established an Adoption Resources and Referral Office under the
Department with the following functions: (a) monitor the existence,
number, and flow of children legally available for adoption and prospective
adopter(s) so as to facilitate their matching; (b) maintain a nationwide
information and educational campaign on domestic adoption; (c) keep
records of adoption proceedings; (d) generate resources to help child-caring
and child-placing agencies and foster homes maintain viability; and (e) do
policy research in collaboration with the Intercountry Adoption Board and
other concerned agencies. The office shall be manned by adoption experts
from the public and private sectors.

Sec. 24. Implementing Rules and Regulations. — Within six (6) months
from the promulgation of this Act, the Department, with the Council for
the Welfare of 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 child-caring agencies shall
formulate the necessary guidelines to make the provisions of this Act
operative.chan robles virtual law library

Sec. 25. Appropriations. — Such sum as may be necessary for the

implementation of the provisions of this Act shall be included in the
General Appropriations Act of the year following its enactment into law and
thereafter.

Sec. 26. Repealing Clause. — Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule, or
regulation contrary to, or inconsistent with the provisions of this Act is
hereby repealed, modified, or amended accordingly.

Sec. 27. Separability Clause. — If any provision of this Act is held invalid
or unconstitutional, the other provisions not affected thereby shall remain
valid and subsisting.

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

Approved: February 25, 1998

 Republic Act No. 8043 Inter-Country Adoption Act of
1995
AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY
ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER PURPOSES.

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 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,
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
filed, the supervised trial custody is undertaken, and the decree of adoption is issued
outside the Philippines.

(b) Child means a person below fifteen (15) years of age unless 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;
 (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) 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 the 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 of 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;

(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 the 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 the 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/foundling 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. — An 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 adopter is the parent by
nature of the child to be adopted or the spouse of such parent:
 (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 counseling from
an accredited counselor in his/her country;

(d) has not been convicted of a crime involving moral turpitude;

(e) is eligible to adopt under his/her national 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 filed
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 adoptive 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 counseling 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 (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