06 January 2022

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

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:

Section l. Short Title - This Act shall be known as the "Domestic Administrative Adoption and Alternative Child Care Act".

Sec. 2. Declaration of Policies. - 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’s 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.

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 Reference to Foster Placement and Adoption. Nationally and Internationally”; and the "Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption”.

Toward this end, the State shall:

1. 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;

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

3. Safeguard the biological parents from making hasty decisions to relinquish parental authority over the child;

4. Prevent unnecessary separation of the child from the biological parents;

5. Protect the adoptive parents from attempts to disturb their parental authority and custody over the adopted child;

6. Conduct public information and educational campaign to promote a positive environment for adoption;

7. 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;

8. 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

9. 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.

Sec. 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.

Sec. 4. Definition of Terms. - As used in this Act:

1. Abandoned child refers to a child who has no proper parental care or guardianship, a foundling, or one 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;

2. Abandoned Filipino child in a 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 temporary informal care, and has been declared as such by the NACC, upon recommendation of the Office of Social Welfare Attaché (OSWA) of the Department of Social Welfare and Development (DSWD). or the Department of Foreign Affairs (DFA);

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

4. 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 also 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;

5. 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;

6. 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;

7. 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;

8. 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;

9. 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 guardian;

10. 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;

11. 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;

12. 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;

13. 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;

14. 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 a 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;

15. 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;

16. 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;

17. Foreign national refers to any person who is not a Filipino citizen;

18. Foster care refers to the provision of planned temporary substitute parental care to a child by a foster parent;

19. Foster child refers to a child placed under foster care;

20. Foster parent refers to a person, duly licensed by the NACC, to provide foster care;

21. 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 circumstances of birth during their infancy and/or childhood, and have reached the age of majority without benefitting from adoption procedures;

22. 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;

23. 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;

24. 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;

25. 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;

26. 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;

27. 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;

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

29. Placement refers to the physical entrustment of the child with the foster parent or to the adoptive parents;

30. 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;

31. Pre-Adoption Placement Authority (PAPA) refers to a document issued by the NACC, through the Regional Alternative Child Care Office (RACCO), authorizing or confirming the placement of a child to the prospective adoptive parents;

32. Prospective Adoptive Parent (PAP) refers to an individual who has filed a petition for administrative adoption;

33. Regional Child Placement Committee (RCPC) 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;

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

35. 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;

36. 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;

37. 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 techniques 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;

38. 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;

39. 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;

40. 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

41. 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.

Sec. 5. National Authority for Child Care (NACC). - The Inter-Country Adoption Board (ICAB) is hereby reorganized to a one-stop 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.

Sec. 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. 8013, 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.

Sec. 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 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.

Sec. 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 bone 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:

1. Act and resolve petitions for the issuance of CDCLAA as provided under this Act;

2. Facilitate, act, and resolve all matters relating to domestic administrative adoption as provided in this Act;

3. Facilitate, act, and resolve all matters relating to inter-country adoption, pursuant to Republic Act No. 8043;

4. Facilitate, act, or resolve all matters relating to foster care pursuant to Republic Act No. 10165;

5. Facilitate, act, and resolve all matters relating to the rectification of simulated bii-th pursuant to Republic Act No. 11222;

6. Supervise and control the following acts to be performed by the RACCO under the provisions of this Act;

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

8. Set standards and guidelines on adoption including pre- and post-legal adoption services;

9. 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 RACOO level;

10. Act as the central authority in matters relating to inter-country adoption and shall act as the policy-making body for purposes 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 1 of the aforementioned law;

11. 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;

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

13. Conduct national information dissemination and advocacy campaign on alternative child care;

14. Establish clear programs to keep children with their biological families wherever possible;

15. Assess the progress and identify gaps in the implementation of this Act and come up with policy recommendations;

16. 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;

17. 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;

18. Provide technical assistance and conduct capability building activities to all concerned agencies and stakeholders;

19. Determine and impose administrative fees;

20. 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;

21. 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;

22. 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;

23. 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

24. 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 CDCL/VA, domestic administrative adoption, and inter-country adoption, and all other forms of alternative care, that would redound to the best interest of the child.

Sec. 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:

1. Issuance of the CDCLAA;

2. Domestic administrative adoption;

3. Inter-country adoption;

4. Foster care;

5. All other forms of alternative care including family like care, kinship care, and residential care; and

6. 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 Bar, 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.

Sec. 10. Appointments and Staffing Patterns. — The DBM, in coordination with the ICAB and DSWD. shall create the organizational structure and staffing pattern 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 all 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.

Sec. 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 is 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 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.

Sec. 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, LGU, 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.

Sec. 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:

1. 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;

2. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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 20 appropriate counseling services by adoption social workers to the following:

1. 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 burned 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 home 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.

2. 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.

Sec. 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 efforts fail, the child shall, if applicable, be registered as a foundling and subsequently be the subject of administrative proceedings whore 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.

Sec. 21. Who May Adopt. - The following may adopt:

1. 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)-year difference between the ago 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;

2. The legal guardian with respect to the ward after the termination of the guardianship and clearance of financial accountabilities;

3. The foster parent with respect to the foster child;

4. Philippine government officials and employees deployed or stationed abroad: Provided, That they are able to bring the child with them; and

5. 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 the 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 the 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:

1. If one spouse seeks to adopt the legitimate child of the other; or

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

3. If the spouses are legally separated from each other.

Sec. 22. Who May Be Adopted. - The following may be adopted:

1. Any child who has been issued a CDCLAA;

2. The legitimate child of one spouse by the other spouse;

3. An illegitimate child by a qualified adopter to improve status of legitimacy;

4. 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:

5. A foster child;

6. A child whose adoption has been previously rescinded;

7. 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

8. A relative of the adopter.

Sec. 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:

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

2. 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;

3. The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;

4. 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

5. 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 written consent.

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

1. 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;

2. Authenticated or security paper copies of birth record of the PAPs and the child;

3. 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;

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

5. 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;

6. Authenticated or security paper copies of the Death Certificate of biological parents, as applicable;

7. Original copy of CDCLAA, as applicable;

8. Result of the recent medical evaluation of the child and the PAPs;

9. Mandatory result of the psychological evaluation of the PAPs;

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

11. 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;

12. 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 whom the PAPs have business dealings. The contact details of the person attesting must be so indicated in the letter;

13. Recent close-up and whole-body pictures of the child and the PAPs taken within the last six (6) months: and

14. 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 not 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.

Sec. 25. Case Study. - No Petition for Adoption shall be processed by the NACC or its RACCOs 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 interest 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.

Sec. 26. Matching Process. - There shall be a matching process for cases 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 he 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 P.APs 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 circumstances. 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.

Sec. 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.

Sec. 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 (60) 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.

Sec. 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.

Sec. 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 nse to the filing 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 affirmations and oaths.

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

Sec. 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 published once a week for three (3) successive weeks in a newspaper of general circulation.

Sec. 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:

1. 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 RACCO require the PAPs to submit additional information or documents, the said fifteen(15)-day period shall be suspended;

2. 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 30 the said fifteen (15)-day period, excluding the periods of suspension;

3. 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 RACCO for further examination with a written explanation of its insufficiency, or

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

4. 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;

5. 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) working 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;

6. 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 pail of the PAPs, the latter may apply for a PAPA, if none has been issued yet, with the Executive Director, through the RACCO, for the temporary placement of the child:

7. 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 with 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.

Sec. 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.

Sec. 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:

1. 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

2. 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.

Sec. 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.

Sec. 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 the Order of Adoption was issued to the adoptive parent. Adoptive parents may avail of paid maternity and paternity leaves as provided for under existing laws for biological parents: Provided, That the leave benefits in this paragraph shall only be availed of by the adoptive parents within one (1) year from the issuance of the Order of Adoption: Provided, further. That the leave benefits in this paragi-aph 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 lea.st three (3) years before the issuance of the Order of Adoption by the NACC.

Sec. 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 is 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.

Sec. 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."

Sec. 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 above mentioned 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:

1. 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;

2. 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; or

3. 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.

Sec. 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.

Sec. 41. Legitimacy. - The adoptee shall be considered the legitimate child of the adopter for all intents and purposes and as such is 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.

Sec. 42. Parental Authority. - Upon issuance 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.

Sec. 43. Succession. - In testate and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without distinction from legitimate fixations. However, if the adoptees and their biological parents have left a will, the law on testamentary succession shall govern.

Sec. 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.

Sec. 45. Search or Tracing of Biological Family. - Upon reaching the age of majority, the assistance of the NACC, LOU, 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 meetup.

Sec. 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 chUd. 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 the 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.

Sec. 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):

1. Repeated physical or verbal maltreatment by the adopter despite having undergone counseling;

2. Attempt on the life of the adoptee;

3. Sexual abuse or violence: or

4. 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. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code of the Philippines.

Sec. 48. Venue. - The petition shall be filed with the RACCO where the adoptee resides.

Sec. 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.

Sec. 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.

Sec. 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:

1. 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 to the latter’s best interest, the NACC shall take legal custody over the adoptee if still a child;

2. 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;

3. Order the adoptee to use the name stated in the original birth or foundling certificate; and

4. 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.

Sec. 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 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.

Sec. 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 biologic^ parents can prove that they are in ss 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.

Sec. 54. Violations and Penalties. -

1. 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.

2. 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).

3. 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 prescriptions of the law and governing authorities.

4. Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents, and communications of adoption petitions, cases, and processes shall suffer the penalty of imprisonment ranging from one (1) year and 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 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 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.

Acts 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.

Sec. 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.

Sec. 56. Transitory Clause. - All judicial petitions for domestic adoption pending in court upon the effectivity of this Act may be immediately withdrawn, and parties to the same shall be given the option to avail of the benefits of this Act. Upon the effectivity of this Act and during the pendency of the establishment of the NACC, the functions relating to foster care, issuance of CDCLAA, and adoptions 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 processes, a transition team composed of the DSWD and the ICAB shall act as the NACC. The ICAB Executive Director shall sit as Chairperson of the transition team, assisted by the DSWD-PMB Director as the ViceChairperson, Personnel of the DSWD 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 DSWD 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 ten (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. The relevant offices in the regional offices of the DSWD involved in alternative child care shall, hereafter, be converted into RACCOs.

Upon the 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.

Sec. 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.

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

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 62. Repealing Clause. - Republic Act No. 8552 and 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.

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

May 6, 2022

AN ACT PROMOTING THE RIGHTS OF AND PROVIDING GREATER PROTECTIONS TO DESERTED OR ABANDONED CHILDREN WITH UNKNOWN PARENTS, AMENDING FOR THIS PURPOSE ARTICLES 276 AND 277 OF THE REVISED PENAL CODE AND SPECIAL LAWS, RECOGNIZING THEIR STATUS AS NATURAL-BORN CITIZENS OF THE PHILIPPINES, PROVIDING PENALTIES AGAINST ACTS INIMICAL TO THEIR WELFARE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. — This Act shall be entitled as the "Foundling Recognition and Protection Act".

SEC. 2. Declaration of Policy. — The State values the dignity of every human being and guarantees full respect for human rights. A child has the same general human rights as an adult, with specific rights that recognize specific needs. As such, the State shall protect the rights and ensure access to assistance, including proper care, nutrition and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to the development of every child.

The State shall uphold the best interests of the child, including and especially the child with distinct vulnerabilities, such as the neglected, stateless, and abandoned or deserted, by proactively and diligently inquiring into the facts of the child's birth and parentage. It recognizes the generally accepted thrust of international law to reduce and prevent statelessness. It shall protect any child with unknown parents by ensuring a natural-born citizen status consistent with our Constitution, the United Nations Convention on the Rights of the Child and other relevant instruments, and the generally accepted principles of international law. The State shall also adopt measures to ensure that support services are provided to foundlings and acts inimical to their welfare are penalized.

In furtherance of the State policy to create one body to exercise all powers and functions relating to alternative child care, State services relating to the protection and welfare of foundlings shall be placed under the National Authority for Child Care (NACC).

SEC. 3. Definition of Foundling. — For purposes of this Act, s foundling shall be a deserted or abandoned child or infant with unknown facts of birth and parentage. This shall also include those who have been duly registered as a foundling during her or his infant childhood, but have reached the age of majority without benefitting from adoption procedures upon the passage of this law.

SEC. 4. Finder. — The finder shall be a person of legal age who discovered the deserted or abandoned child: Provided, That if the actual finder is a minor, his or her parent or legal guardian shall assist in making the report. The finder shall report within forty-48 (48) hours upon discovery of the child to inform the Local Social Welfare and Development Office (LSWDO), closest to him/her, or any safe haven provider, which shall in turn coordinate with the NACC through the Regional Alternative Child Care Office (RACCO), for the provision of appropriate care and services in line with the foundling's needs and best interest.

In case the finder/s apply to become foster parent/s of the foundling, the NACC shall prioritize the assessment if they meet the qualifications under Republic Act No. 10165, or the "Foster Care Act of 2012".

ARTICLE I STATUS AND LEGITIMACY

SEC. 5. Citizenship Status of a Foundling Found in the Philippines and/or in Philippine Embassies, Consulates and Territories Abroad. — A foundling found in the Philippines and/or in Philippine embassies, consulates and territories abroad is presumed a natural-born Filipino citizen regardless of the status or circumstances of birth. As a natural-born citizen of the Philippines, a foundling is accorded with rights and protections at the moment of birth equivalent to those belonging to such class of citizens whose citizenship does not need perfection or any further act.

The presumption of natural-born status of a foundling may not be impugned in any proceeding unless substantial proof of foreign parentage is shown. The natural-born status of a foundling shall not also be affected by the fact that the birth certificate was simulated, or that there was absence of a legal adoption process, or that there was inaction or delay in reporting, documenting, or registering a foundling.

SEC. 6. Administrative Adoption and Status of Legitimacy. — In the event that the biological parents cannot be identified and located, the foundling shall be declared legally available for adoption subject to existing laws, rules and regulations and taking into consideration the best interest of the child.

The relevant provisions of Republic Act No. 11642, otherwise known as the "Domestic Administrative Adoption and Alternative Child Care Act", shall apply in the adoption of foundlings.

Consistent with Section 41 of Republic Act No. 11642, once the adoption of the foundling is finalized, the adopted foundling shall be considered the legitimate child of the adopter for all intents and purposes and, as such, is 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 adopted foundling 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 adopted foundling is to be known, consistent with the best interest of the child.

SEC. 7. Alternative Child Care Options. — The NACC, LSWDO, and any accredited child-caring or child-placing agency shall ensure that foundlings are provided with alternative child care options, such as but not limited to kinship care, foster care, or even residential care, consistent with existing laws, while the search and inquiry into the facts of birth and parentage of the foundling is ongoing.

SEC. 8. Right to Government Programs and Services. — A foundling shall, as a matter of right, be entitled to every available government program or service, including registration, facilitation of documents for adoption, education, legal and police protection, proper nourishment and medical care for survival and development, and admission to safe and secure child centers.

The NACC, through the RACCOs, all relevant government agencies, the concerned local government units (LGUs), police authority and the finder shall, at all times, consider the child's best interest in all actions or support services provided for a foundling.

ARTICLE II REGISTRATION

SEC. 9. Conduct of Search and Inquiry. — Within fifteen (15) days after commitment, or submission of the affidavit of the finder or other concerned person, or the information that there is a probable foundling was brought to the attention of the NACC, unless more time is needed in view of significant developments, the NACC, through the RACCOs, shall conduct a proactive and diligent search and inquiry into the facts of birth and parentage of the foundling.

The NACC, through the RACCOs, shall ask assistance from the finder, the LGUs, LSWDOs, the local or rural health units, the women and child protection desks of the Philippine National Police (PNP), the Department of Health (DOH), any public or private hospital, and other concerned individuals in the conduct of the search and inquiry. The official report of such inquiry shall thereafter be used for the application for and issuance of the Certificate of Live Birth.

Television, radio or print media or tri-media and other social media platforms shall be used to conduct the search or to locate the whereabouts of the parents of the foundling without compromising the confidentiality of one's identity.

SEC. 10. Registration of a Foundling. — The following documents shall be required before the foundling may be registered with the local Civil Registrar:

1. Affidavit of the finder;

2. Certification of the barangay captain or police authority on the circumstance surrounding the foundling's discovery: Provided, That in the event that the child is found in a different barangay from the residence of the finder, both barangay captains shall be informed; and

3. Report of the NACC duly signed by the authorized officer.

The NACC report must attest to the fact that the birth and parentage of the foundling are unknown despite the proactive and diligent search and inquiry conducted. The report must be exhaustive and must include all the facts that have been gathered regarding the parents and the birth of the foundling: Provided, That, for adult foundlings with no foundling certificate, no exhaustive social case study report by the RACCO shall be required but the LSWDO shall issue a report on his or her background and qualifications as a foundling under this Act.

The NACC shall fill out and submit the application for registration to the Local Civil Registrar which shall issue the Certificate of Live Birth of the foundling after the receipt of the foregoing requirements: Provided, That one whi has an existing certificate of foundling or a similar official document issued before the implementation of this Act may secure a Certificate of Live Birth before the Local Civil Registrar, which shall immediately issue one, without cost, on the basis of such document alone: Provided, further, That a certificate of foundling or a similar official document shall continue to have the same legal effect as a Certificate of Live Birth.

The concerned agencies shall streamline the registration process for a foundling, regardless of age and circumstances in order to expedite the issuance of a Certificate of Live Birth and without placing any unnecessary burden on the foundling: Provided, That the foundling has the right to access all the documentary requirements submitted for registration: Provided, further, That in the Certificate of Live Birth and succeeding public documents, the foundling shall not be referred to as such, or in any other discriminatory manner: Provided, furthermore, That the foundling shall not be considered stateless between the period of inding or discovery and the issuance of the order of confirmation of citizenship: Provide, finally, That the privacy and best interest of the child shall be protected at all times.

SEC. 11. Revocation of Issued Certificate of Live Birth. — The biological parent/s, the NACC or the LSWDO may file a petition for the revocation of the Certificate of Live Birth before the Local Civil Registrar based on the following grounds:

1. Percentage of the foundling has been established; or

2. Fraud to conceal the material facts of birth or parentage of the person that would otherwise not render the person as a foundling.

If the parentage of one foundling is established, and the foundling cannot acquire the citizenship of the parents which will result in statelessness, the foundling shall retain Philippine citizenship until such time that it can be established that the foundling is able to benefit from the citizenship of either parent.

SEC. 12. Recovering Legal Custody and Restoring Parental Authority. — The biological parent/s or legal guardian of a foundling may petition the NACC to recover the legal custody and restore parental authority over the child: Provided, That if the child was voluntarily committed, or if any of the following is pending with the NACC:

1. Petition for the issuance of Certificate Declaring a Child Legally Available for Adoption (CDCLAA),

2. Supervised trial custody, or

3. Petition for Adoption, the relevant provisions of Republic Act No. 11642 shall apply. In deciding all cases, the best interest of the child shall be the paramount consideration of the NACC.

If the child is already adopted, all legal ties between the biological parents or legal guardian and the child are severed and the same shall be vested on the adopters.

The NACC or the LSWDO shall provide necessary counseling and other necessary programs and services to the biological parents, and the necessary assistance to authorities when the biological parents of a foundling are identified and express the desire to reclaim or exercise parental authority over them.

ARTICLE III SAFE HAVEN

SEC 13. Safe Haven. — Notwithstanding Articles 276 and 277 of the Revised Penal Code and Republic Act No. 7610, any parent who relinquishes an infant thirty (30) days old and younger to the following persons or entities shall be exempt from criminal liability:

1. A licensed child-caring agency;

2. A licensed child-placing agency;

3. A church: Provided, That, for purposes of this Act, a church shall be defined as a place devoted to religious worship held with regularity;

4. DOH-accredited health facilities including hospitals, infirmaries, city health offices, birthing homes, rural health units and barangay health stations;

5. A Local Social Welfare and Development Office; and

6. DSWD-managed residential care facilities and LGU-managed residential care facilities.

SEC. 14. Duties and Responsibilities of the Safe Haven Provider. — The safe haven provider shall:

1. Act appropriately to take care of the infant;

2. Inform the parent that the parent may, but is not required to answer questions regarding the identity and medical history of the infant;

3. Confirm, if practicable, that the parent wishes to permanently relinquish their parental rights and release the infant for adoption; and

4. Within the forty-eight (48) hours from the time of relinquishment of the child by birth parent/s to safe haven provider or from the report by a finder that a foundling was discovered, as applicable, inform the NACC through the RACCO that a child has been relinquished in its custody, including all information surrounding the identity and circumstances of abandonment of the child.

SEC. 15. Status of Infants Relinquished under the Safe Haven Provisions. — Infants relinquished under the safe haven provisions of this Act shall be considered foundlings.

SEC. 16. Immunity for the Safe Haven Provider. — A safe haven provider who receives an infant pursuant to this Act shall not be liable for any civil damages for any act or omission done in maintaining custody of the infant: Provided,, That the safe haven provider acts in good faith without gross negligence.

ARTICLE IV PENALTIES

SEC. 17. Penalties. — The following penalties shall be imposed:

1. The penalty of imprisonment of not less than six (6) months but not more than six (6) years shall be imposed on any person who falsifies or is involved in the falsification of the registration of the supposed foundling, including the documents required therefor: Provided, That a public officer found to have been involved in such act of falsification shall be punished by the penalty next higher in degree;

2. The penalty of imprisonment of not less than six (6) months but not more than five (5) years shall be imposed on the finder, the concerned NACC or RACCO employees, staff of child-caring and child-placing facilities, safe haven providers, police officers, city, municipal and barangay officers, health employees, hospital staff and any other concerned person who refuses, delays, or obstructs the conduct of search and inquiry into the facts of birth and parentage of the foundling;

3. A fine ranging from Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00) shall be imposed on a safe haven provider that does not report within forty-eight (48) hours that an infant was relinquished within its premises;

4. Without prejudice to criminal liability under other laws, a fine ranging from One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00) or imprisonment of not less than three (3)) months but not more than two (2) years, or both, shall be imposed on any person who falsifies or is involved in the falsification of the registration of the supposed foundling, including the documents required therefor, to facilitate the crime of kidnapping or trafficking in persons: Provided, That a public officer found to have been involved in such act of falsification shall be punished by the penalty next higher in degree and shall perpetually disqualified from office.

The penalties under this section are without prejudice to other liabilities arising from existing civil, administrative and criminal laws for the same act or violation.

ARTICLE V FINAL PROVISIONS

SEC. 18. Advocacy and Information Dissemination. — The Philippine Statistics Authority (PSA) and the NACC, together with the LSWDOs, Local Council for the Protection of Children (LCPC), Department of the Interior and Local Government (DILG), and other relevant stakeholders shall conceptualize, conduct and coordinate information dissemination and advocacy campaigns on the provisions and implementation of this Act, and the issues and concerns affecting a foundling

SEC. 19. Data Collection. — In order to develop and implement more responsive policies, plans and programs for foundlings, regular and synchronized data collection shall be conducted by the LGUs in coordination with the PSA, NACC and other relevant stakeholders. The collection, preservation and sharing of data shall be conducted pursuant to Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012".

SEC. 20. Retroactive Application. — This Act shall have retroactive effect for any foundling insofar as it does not prejudice or impair vested or acquired rights pursuant to existing laws.

SEC. 21. Implementing Rules and Regulations. — Within ninety (90) days from the approval of this Act, the Secretary of Social Welfare and Development and the Executive Director of the Inter-Country Adoption Board shall, in consultation with the Secretary of Justice, Secretary of the Interior and Local Government, PSA, Council for the Welfare of Children (CWC) and two (2) representatives from child-caring agencies catering to abandoned children and foundlings, formulate the rules and regulations to implement this Act.

SEC. 22. Transitory Provision. — All the benefits of this Act shall also apply yo foundlings duly registered as such during their childhood, but have reached the age of maturity without benefitting from adoption procedures: Provided, That such foundling shall undergo the procedure and comply with the requirements outlined in the IRR within ten (10) years from its effectivity.

Before the establishment of the NACC as provided under Section 56 of Republic Act No. 11642, the functions of the NACC relating to foundlings shall remain with the DSWD. The functions of the RACCO shall, during the three (3)-year period, be performed by the DSWD field offices in coordination with the LSWDOs.

SEC. 23. Repealing Clause. — All other laws, decrees, executive orders, issuances, rules and regulations, or parts thereof inconsistent with this Act are hereby likewise repealed or amended accordingly.

SEC. 24. Separability Clause. — If, for any reason, any section or provisions of this Act is declared unconstitutional or invalid, the other sections or provisions not affected thereby shall remain in full force and effect.

SEC. 25. Suppletory Clause. — Republic Act No. 11642, otherwise known as the "Domestic Administrative Adoption and Alternative Child Care Act", Republic Act No. 11222 or the "Simulated Birth Rectification Act", Executive Order No. 209, s. 1987 or "The Family Code of the Philippines", and other existing and applicable laws on adoption and on child welfare, care and protection shall have suppletory application to this Act.

SEC. 26. Effectivity. — This Act shall take effect after fifteen (15) days upon publication in at least two (2) newspapers of general circulation.

21 February 2019

An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

ARTICLE I

GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Simulated Birth Rectification Act".

Section 2. Objectives. - This Act shall have the following objectives:

(a) To grant amnesty and allow the rectification of the simulated birth of a child where the simulation was made for the best interest of the child, and that such child has been consistently considered and treated by the person or persons who simulated such birth as her, his, or their own daughter or son;

(b) To fix the status and filiation of a child whose birth was simulated by giving such child all the benefits of adoption and ensuring that the child shall be entitled to all the rights provided by law to legally adopted children, without any discrimination of any kind, as well as to love, guidance, and support from the child’s adoptive family;

(c) To exempt from criminal, civil, and administrative liability those who simulated the birth record of a child prior to the effectivity of this Act: Provided, That a petition for adoption with an application for the rectification of the simulated birth record is filed within ten (10) years from the effectivity of this Act;

(d) To provide for and allow a simpler and less costly administrative adoption proceeding where the child has been living with the person or persons who simulated her or his birth record for at least three (3) years before the effectivity of this Act; and

(e) To educate and inform the public about the rectification of simulated births, and to encourage people to avail of the benefits of this Act.

Section 3. Definition of Terms. - As used in this Act:

(a) Certification Declaring a Child Legally Available for Adoption (CDCLAA) refers to a document issued by the Secretary of the Department of Social Welfare and Development (DSWD) or the Secretary’s duly authorized representative as provided for by Republic Act No. 9523, otherwise known as "An Act Requiring Certification of the Department of Social Welfare and Development (DSWD) to Declare a ‘Child Legally Available for Adoption’ as a Prerequisite for Adoption Proceedings, Amending for this Purpose Certain Provisions of Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998; Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of 1995; and Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, and for Other Purposes", administratively declaring that a child is legally available for adoption which terminates the rights of the biological parents, guardian, or other custodian to exercise authority over the child upon issuance of the certificate;

(b) Child refers to a person below eighteen (18) years of age, or a person eighteen (18) years of age or over who is unable to fully take care of herself or himself or protect herself or himself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, whose birth was simulated;

(c) Foundling refers to a child who is abandoned and whose parentage is unknown;

(d) Regional Director refers to the head of a field office of the DSWD;

(e) Secretary refers to the Secretary of the DSWD;

(f) 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; and

(g) Social Welfare and Development Officer refers to the head of a city or municipal social welfare and development office, which serves as the frontline of a city or municipal government in the delivery of social welfare and development programs and services.

ARTICLE II

RECTIFICATION OF SIMULATED BIRTHS

Section 4. Rectification of Simulated Birth Record. - Notwithstanding any provision of law to the contrary, a person or persons who, prior to the effectivity of this Act, simulated the birth of a child, and those who cooperated in the execution of such simulation, shall not be criminally, civilly, or administratively liable for such act: Provided, That the simulation of birth was made for the best interest of the child and that the child has been consistently considered and treated by such person or persons as her, his, or their own daughter or son: Provided, further, That such person or persons has or have filed a petition for adoption with an application for the rectification of the simulated birth record within ten (10) years from the effectivity of this Act: Provided, finally, That all the benefits of this Act shall also apply to adult adoptees.

Section 5. Administrative Adoption and Rectification. - A person or persons who simulated the birth of a child under the conditions provided under Section 4 of this Act may avail of administrative proceedings for the adoption and rectification of the simulated birth record of such child: Provided, That the child has been living with the person for at least three (3) years before the effectivity of this Act: Provided, further, That a certificate declaring the child legally available for adoption (CDCLAA) is issued by the DSWD in favor of such child.

Section 6. Inadmissible Evidence. - All petitions, documents, records, and papers relating to adoption and rectification of simulated births under this Act cannot be used as evidence against those who simulated the birth of a child or who cooperated in the execution of such simulation in any criminal, civil, or administrative proceeding.

ARTICLE III

ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE ADOPTION

Section 7. Personal Qualifications. - Adopters must:

(a) Be Filipino citizens;

(b) Be of legal age;

(c) Possess full civil capacity and legal rights;

(d) Be of good moral character;

(e) Have not been convicted of any crime involving moral turpitude;

(f) Be emotionally and psychologically capable of caring for children; and

(g) Be in a position to support and care for the child in keeping with the means of the family.

In case of adoption by a married couple, where one of the adopters is a foreign national married to a Filipino, the foreign national must have been residing in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and application for rectification of simulated birth record.

Section 8. Required Consent. - After being properly counseled and informed of the right to give or withhold approval of the adoption, the written consent of the following shall be required:

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

(b) The legitimate and adopted daughters and sons, ten (10) years of age or over, of the adopter and adoptee, if any;

(c) The illegitimate daughters and sons, ten (10) years of age or over, of the adopter if living with said adopter and the latter’s spouse, if any; and

(d) The spouse, if any, of the adoptee.

ARTICLE IV

ADMINISTRATIVE ADOPTION PROCEDURE

Section 9. Petition. - The petition for adoption with an application for rectification of simulated birth record shall be in the form of an affidavit and shall be subscribed and sworn to by the petitioner or petitioners before any person authorized by law to administer affirmations and oaths. It shall state the facts necessary to establish the merits of the petition, and the circumstances surrounding the simulation of the birth of the child. The petition shall be supported by the following:

(a) A copy of simulated birth or foundling certificate of the child;

(b) Affidavit of admission if the simulation of birth was done by a third person;

(c) Certification issued and signed by the punong barangay attesting that the petitioner or petitioners is a resident or are residents of the barangay, and that the child has been living with the petitioner or petitioners for at least three (3) years prior to the effectivity of this Act;

(d) Affidavits of at least two (2) disinterested persons, who reside in the same barangay where the child resides, attesting that the child has been living with the petitioner for at least three (3) years prior to the effectivity of this Act;

(e) CDCLAA issued by the DSWD; and

(f) Photographs of the child and the petitioner or petitioners taken within the last three (3) months prior to the filing of the petition.

A CDCLAA shall no longer be required if the adoptee is already an adult or a relative of the adopter within the fourth degree of consanguinity or affinity.

Section 10. Adoption Process. - The petition shall be filed with the Office of the Social Welfare and Development Officer (SWDO) of the city or municipality where the child resides. The SWDO shall have seven (7) days to examine the petition and its supporting documents and determine whether the same is sufficient in form and substance. If the SWDO finds that the petition is insufficient in form or substance, the SWDO shall return the same to the petitioner with a written explanation of its insufficiency. If the SWDO finds the petition sufficient in form and substance, the SWDO shall forward the petition and the supporting documents within three (3) days to the Regional Director.

The Regional Director shall review the petition, establish the identity of the child, and prepare the recommendation on the petition not later than thirty (30) days from receipt thereof. The Regional Director may require the petitioner to submit additional information or evidence to support the petition. The failure of the petitioner to comply with such request shall not preclude the Regional Director from acting on the petition based on the evidence on hand.

The Regional Director shall transmit to the Secretary the recommendation on the petition together with a copy of the petition and supporting documents.

The Secretary shall act and decide on the petition within thirty (30) days from receipt of the recommendation of the Regional Director.

Section 11. Order of Adoption. - If the Secretary determines that the adoption shall redound to the best interest of the child, an order of adoption shall be issued which shall take effect on the date the petition was filed with the Office of the SWDO, even if the petitioner dies before its issuance.

The order of adoption shall state the name by which the adoptee shall be known and shall likewise direct the:

(a) Cancellation of the simulated birth record of the child;

(b) Issuance of the rectified birth record bearing the names of the biological parents of the child or the issuance of a foundling certificate; and

(c) Issuance of a new birth certificate.

An administrative adoption order obtained under this Act shall have the same effect as a decree of adoption issued pursuant to Republic Act No. 8552, otherwise known as the "Domestic Adoption Act of 1998".

Section 12. Civil Registry Record. - The Secretary shall immediately transmit the order of adoption to the concerned DSWD Regional Office, which shall in turn provide copies to the petitioners, the concerned agencies and the appropriate local civil registrar.

The Local Civil Registrar shall stamp the simulated birth record "cancelled" with an annotation of the issuance of a new rectified certificate of birth in its place. The rectified birth certificate bearing the names of the biological parents of the child or the foundling certificate shall then likewise be stamped "cancelled" with the annotation of the issuance of a new birth record in its place, and shall be sealed in the civil registry records. Thereafter, the Local Civil Registrar shall record, register, and issue a new certificate of birth which shall not bear any notation that it is a new or amended issue.

Section 13. Socialized Fees. - The city or municipal SWDO, the Regional Director, and the Office of the Local Civil Registrar may charge socialized fees to those who avail of the administrative adoption proceedings under this Act. Fees shall be waived if the petitioner is indigent.

Section 14. Confidentiality. - All petitions, documents, records, and papers relating to administrative adoption proceedings in the files of the city or municipal SWDOs, the DSWD central and field offices, or any other agency or institution participating in such proceedings shall be strictly confidential.

The disclosure of any information shall be allowed only upon the written request of the adoptee or in the case of a minor adoptee, her or his guardian.

ARTICLE V

EFFECTS OF ADMINISTRATIVE ADOPTION

Section 15. Legitimacy. - The adoptee shall be considered the legitimate daughter or son of the adopter for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate daughters or sons born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family.

Section 16. Parental Authority. - Except where a 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 in the adopter.

Section 17. Succession. - In legal and intestate succession, the adopter and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee and her or his biological parents left a will, the law on testamentary succession shall govern.

ARTICLE VI

RESCISSION OF ADMINISTRATIVE ADOPTION

Section 18. Grounds for Rescission. - Upon petition of the adoptee, with the assistance of the city or municipal SWDO or the DSWD if a minor or if over eighteen (18) years of age but is incapacitated, the adoption may be rescinded on any of the following grounds committed by the adopter:

(a) Repeated physical or verbal maltreatment by the adopter;

(b) Attempt on the life of the adoptee;

(c) Sexual assault or violence;

(d) Abandonment and failure to comply with parental obligations; or

(e) Other acts that are detrimental to the psychological and emotional development of the adoptee.

Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

Section 19. Rescission of Administrative Adoption. - The process for administrative adoption as provided under Section 10 of this Act shall apply to the rescission of administrative adoption: Provided, That the concerned SWDO, Regional Director, and the Secretary shall act immediately on the petition for rescission bearing in mind the best interest of the child.

The Secretary shall furnish a copy of the order of rescission to the concerned DSWD Regional Office, which shall in turn provide copies to the petitioner, the concerned agencies and the concerned local civil registrar. Thereafter, the concerned local civil registrar shall cancel the new certificate of birth of the adoptee, and restore the adoptee’s rectified birth certificate bearing the name/s of the biological parents, or the foundling certificate, as the case may be.

Section 20. Effects of Rescission. - If the petition for rescission of administrative adoption is granted by the Secretary, the parental authority of the adoptee’s biological parents, if known, shall be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.

Successional rights shall revert to its status prior to adoption, but only as of the date of judgment of administrative rescission. Vested rights acquired prior to administrative rescission shall be respected.

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

ARTICLE VII

VIOLATIONS AND PENALTIES

Section 21. Violations and Penalties. - The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine not less than Two hundred thousand pesos (₱200,000.00) at the discretion of the court shall be imposed on any person who shall commit any of the following acts:

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

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

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

ARTICLE VIII

FINAL PROVISIONS

Section 22. Information Dissemination. - The DSWD, in coordination with the Department of the Interior and Local Government (DILG), the Department of Education (DepEd), the Department of Health (DOH), various national leagues of local government units, the Council for the Welfare of Children (CWC), and the Philippine Statistics Authority (PSA), shall disseminate to the public information regarding this Act and its implementation.

Section 23. Implementing Rules and Regulations. - The Secretary, after due consultation with the PSA, the DILG, the Department of Justice (DOJ), and the CWC, together with representatives from the Association of Local Civil Registrars, child-caring and child-placing agencies, and child’s rights civil society organizations, shall issue rules and regulations for the effective implementation of this Act within sixty (60) days from its effectivity.

Section 24. Repealing Clause. - Section 22 of Republic Act No. 8552 is hereby repealed. All other 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 25. 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 26. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

07 June 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."

SECTION 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.

SECTION 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

SECTION 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.

SECTION 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.

SECTION 6. Powers and Functions of the Board. — The Board shall have the following powers and functions:

a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act, after consultation and upon favorable recommendation of the different agencies concerned with child-caring, placement, and adoption;

b) to set the guidelines for the convening of an Inter-country Adoption Placement Committee which shall be under the direct supervision of the Board;

c) to set the guidelines for the manner by which selection/matching 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;

f) to formulate and develop policies, programs and services that will protect the Filipino child from abuse, exploitation, trafficking and other adoption practice that is harmful, detrimental and prejudicial to the best interest of the child;

g) to institute systems and procedures to prevent improper financial gain in connection with adoption and deter improper practices which are contrary to this Act;

h) to promote the development of adoption services, including post-legal adoption services;

i) to accredit and authorize foreign private adoption agencies which have demonstrated professionalism, competence and have consistently pursued non-profit objectives to engage in the placement of Filipino children in their own country: Provided, That such foreign private agencies are duly authorized and accredited by their own government to conduct inter-country adoption: Provided, however, That the total number of authorized and accredited foreign private adoption agencies shall not exceed one hundred (100) a year;

j) to take appropriate measures to ensure confidentiality of the records of the child, the natural parents and 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

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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

SECTION 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.

SECTION 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

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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

Section 1. Applicability of the Rule. – This Rule covers the domestic adoption of Filipino children.

Section 2. Objectives. – (a) The best interests of the child shall be the paramount consideration in all matters relating to his care, custody and adoption, in accordance with Philippine laws, 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 Inter-country Adoption.

(b) The State shall provide alternative protection and assistance through foster care or adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this end, the State shall:

(i) ensure that every child remains under the care and custody of his parents and is provided with love, care, understanding and security for the full and harmonious development of his 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.

(ii) safeguard the biological parents from making hasty decisions in relinquishing their parental authority over their child;

(iii) prevent the child from unnecessary separation from his biological parents;

(iv) conduct public information and educational campaigns to promote a positive environment for adoption;

(v) ensure that government and private sector agencies have the capacity 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;

(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his native land, and only when this is not available shall inter-country adoption be considered as a last resort; and

(vii) protect adoptive parents from attempts to disturb their parental authority and custody over their 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 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.

Section 3. Definition of Terms. – For purposes of this Rule:

(a) “Child” is a person below eighteen (18) years of age at the time of the filing of the petition for adoption.

(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 biological parents, or in case of rescission of adoption, his guardian or adopter(s).

(c) “Voluntarily committed child” is one whose parents knowingly and willingly relinquish parental authority over him in favor of the Department.

(d) “Involuntarily committed child” is one whose parents, known or unknown, have been permanently and judicially deprived of parental authority over him due to abandonment; substantial, continuous or repeated neglect and abuse; or incompetence to discharge parental responsibilities.

(e) “Foundling” refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil Register as a “foundling.”

(f) “Abandoned child” refers to one who has no proper parental care or guardianship or whose parents have deserted him for a period of at least six (6) continuous months and has been judicially declared as such.

(g) “Dependent child” refers to one who is without a parent, guardian or custodian or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody and is dependent upon the public for support.

(h) “Neglected child” is one whose basic needs have been deliberately not attended to or inadequately attended to, physically or emotionally, by his parents or guardian.

(i) “Physical neglect” occurs when the child is malnourished, ill-clad and without proper shelter.

(j) “Emotional neglect” exists when a child is raped, seduced, maltreated, exploited, overworked or made to work under conditions not conducive to good health or made to beg in the streets or public places, or placed in moral danger, or exposed to drugs, alcohol, gambling, prostitution and other vices.

(k) “Child-placement agency” refers to an agency duly licensed and accredited 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 report.

(l) “Child-caring agency” refers to an agency duly licensed and accredited by the Department that provides 24-hour residential care services for abandoned, orphaned, neglected or voluntarily committed children.

(m) “Department” refers to the Department of Social Welfare and Development.

(n) “Deed of Voluntary Commitment” refers to the written and notarized instrument relinquishing parental authority and committing the child to the care and custody of the Department executed by the child’s biological parents or in their absence, mental incapacity or death, by the child’s legal guardian, to be witnessed by an authorized representative of the Department after counseling and other services have been made available to encourage the biological parents to keep the child.

(o) “Child Study Report” refers to a study made by the court social worker of the child’s legal status, placement history, psychological, social, spiritual, medical, ethno-cultural background and that of his biological family needed in determining the most appropriate placement for him.

(p) “Home Study Report” refers to a study made by the court social worker of the motivation and capacity of the prospective adoptive parents to provide a home that meets the needs of a child.

(q) “Supervised trial custody” refers to the period of time during which a social worker oversees the adjustment and emotional readiness of both adopters and adoptee in stabilizing their filial relationship.

(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of science in social work as a minimum educational requirement and who has passed the government licensure examination for social workers as required by Republic Act No. 4373.

(s) “Simulation of birth” is the tampering of the civil registry to make it appear in the birth records that a certain child was born to a person who is not his biological mother, thus causing such child to lose his true identity and status.

(t) “Biological Parents” refer to the child’s mother and father by nature.

(u) “Pre-Adoption Services” refer to psycho-social services provided by professionally-trained social workers of the Department, the social services units of local governments, private and government health facilities, Family Courts, licensed and accredited child-caring and child-placement agencies and other individuals or entities involved in adoption as authorized by the Department.

(v) “Residence” means a person’s actual stay in the Philippines for three (3) continuous years immediately prior to the filing of a petition for adoption and which is maintained until the adoption decree is entered. Temporary absences for professional, business, health, or emergency reasons not exceeding sixty (60) days in one (1) year does not break the continuity requirement.

(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in the Philippines and is in possession of a valid passport or travel documents and visa.

Section 4. Who may adopt. – The following may adopt:

(1) 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; who 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 his children in keeping with the means of the family. The requirement of a 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;

(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country has diplomatic relations with the Republic of the Philippines, that he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and that his government allows the adoptee to enter his country as his adopted child. Provided, further, That the requirements on residency and certification of the alien’s qualification to adopt in his 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 child of his Filipino spouse; or

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

(3) The guardian with respect to the ward after the termination of the guardianship and clearance of his financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other spouse has signified his consent thereto; or

(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint parental authority shall be exercised by the spouses.

Section 5. Who may be adopted. – The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available for adoption;

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

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority;

(5) A child whose adoption has been previously rescinded; or

(6) 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.

(7) A child not otherwise disqualified by law or these rules.

Section 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.

Section 7. Contents of the Petition. – The petition shall be verified and specifically state at the heading of the initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:

(a) The jurisdictional facts;

(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character; has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children; is 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 is in a position to support and care for his children in keeping with the means of the family and has undergone pre-adoption services as required by Section 4 of Republic Act No. 8552.

2) If the adopter is an alien, the petition shall allege the following:

(a) The jurisdictional facts;

(b) Sub-paragraph 1(b) above;

(c) That his country has diplomatic relations with the Republic of the Philippines;

(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered.

The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial accountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:

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

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto, or

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

5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as name of child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and father, and the date and place of their marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.

In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal or foundling certificate and school records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to be known and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

Section 8. Rectification of Simulated Birth. – In case the petition also seeks rectification of a simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for rectification of the birth registration and the petition for adoption were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own child.

Section 9. Adoption of a foundling, an abandoned, dependent or neglected child. – In case the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege:

(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;

(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the name and residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; and

(d) That the Department, child-placement or child-caring agency is authorized to give its consent.

Section 10. Change of name. – In case the petition also prays for change of name, the title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Section 11. Annexes to the Petition. – The following documents shall be attached to the petition:

A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee;

B. Affidavit of consent of the following:

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

2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and

5. The spouse, if any, of the adopter or adoptee.

C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to enter his country as his own adopted child unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the adoptee, if any.

Section 12. Order of Hearing. – If the petition and attachments are sufficient in form and substance, the court shall issue an order which shall contain the following:

(1) the registered name of the adoptee in the birth certificate and the names by which the adoptee has been known which shall be stated in the caption;

(2) the purpose of the petition;

(3) the complete name which the adoptee will use if the petition is granted;

(4) the date and place of hearing which shall be set within six (6) months from the date of the issuance of the order and shall direct that a copy thereof be published before the date of hearing at least once a week for three successive weeks in a newspaper of general circulation in the province or city where the court is situated; Provided, that in case of application for change of name, the date set for hearing shall not be within four (4) months after the last publication of the notice nor within thirty (30) days prior to an election.

The newspaper shall be selected by raffle under the supervision of the Executive Judge.

(5) a directive to the social worker of the court, the social service office of the local government unit or any child-placing or child-caring agency, or the Department to prepare and submit child and home study reports before the hearing if such reports had not been attached to the petition due to unavailability at the time of the filing of the latter; and

(6) a directive to the social worker of the court to conduct counseling sessions with the biological parents on the matter of adoption of the adoptee and submit her report before the date of hearing.

At the discretion of the court, copies of the order of hearing shall also be furnished the Office of the Solicitor General through the provincial or city prosecutor, the Department and the biological parents of the adoptee, if known.

If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General shall be mandatory.

Section 13. Child and Home Study Reports. – In preparing the child study report on the adoptee, the concerned social worker shall verify 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 social worker to register the adoptee and secure a certificate of foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and the documents in support thereof are valid and authentic, that the adopter has sincere intentions and that the adoption shall inure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity to adopt and that his government allows the adoptee to enter his country as his adopted child in the absence of the certification required under Section 7(b) of Republic Act No. 8552.

If after the conduct of the case studies, the social worker finds that there are grounds to deny the petition, he shall make the proper recommendation to the court, furnishing a copy thereof to the petitioner.

Section 14. Hearing. – Upon satisfactory proof that the order of hearing has been published and jurisdictional requirements have been complied with, the court shall proceed to hear the petition. The petitioner and the adoptee must personally appear and the former must testify before the presiding judge of the court on the date set for hearing.

The court shall verify from the social worker and determine whether the biological parent has been properly counseled against making hasty decisions caused by strain or anxiety to give up the child; ensure that all measures to strengthen the family have been exhausted; and ascertain if any prolonged stay of the child in his own home will be inimical to his welfare and interest.

Section 15. Supervised Trial Custody. – Before issuance of the decree of adoption, the court shall give the adopter trial custody of the adoptee for a period of at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. The trial custody shall be monitored by the social worker of the court, the Department, or the social service of the local government unit, or the child-placement or child-caring agency which submitted and prepared the case studies. During said period, temporary parental authority shall be vested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period or exempt the parties if it finds that the same shall be for the best interests of the adoptee, stating the reasons therefor.

An alien adopter however must complete the 6-month trial custody except the following:

a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

b) one who seeks to adopt the legitimate child of his Filipino spouse; or

c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the latter’s relative within the fourth (4th) degree of consanguinity or affinity.

If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-adoption placement authority issued by the Department, the court shall order that the prospective adopter shall enjoy all the benefits to which the biological parent is entitled from the date the adoptee is placed with him.

The social worker shall submit to the court a report on the result of the trial custody within two weeks after its termination.

Section 16. Decree of Adoption. – If the supervised trial custody is satisfactory to the parties and the court is convinced from the trial custody report and the evidence adduced that the adoption shall redound to the best interests of the adoptee, a decree of adoption shall be issued which shall take effect as of the date the original petition was filed even if the petitioners die before its issuance.

The decree shall:

A. State the name by which the child is to be known and registered;

B. Order:

1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary period within which to appeal;

2) the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the Civil Registrar where the child was originally registered within thirty (30) days from receipt of the certificate of finality. In case of change of name, the decree shall be submitted to the Civil Registrar where the court issuing the same is situated.

3) the Civil Registrar of the place where the adoptee was registered:

a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty (30) days from receipt of the certificate of finality;

b. to issue a certificate of birth which shall not bear any notation that it is a new or amended certificate and which shall show, among others, the following: registry number, date of registration, name of child, sex, date of birth, place of birth, name and citizenship of adoptive mother and father, and the date and place of their marriage, when applicable;

c. to seal the original certificate of birth in the civil registry records which can be opened only upon order of the court which issued the decree of adoption; and

d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within thirty days from receipt of the decree.

If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was registered, to annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered prepared by the Civil Registrar in accordance with the decree.

Section 17. Book of Adoptions. – The Clerk of Court shall keep a book of adoptions showing the date of issuance of the decree in each case, compliance by the Civil Registrar with Section 16(B)(3) and all incidents arising after the issuance of the decree.

Section 18. Confidential Nature of Proceedings and Records. – All hearings in adoption cases, after compliance with the jurisdictional requirements shall be confidential and shall not be open to the public. All records, books and papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is necessary for security reasons or for purposes connected with or arising out of the adoption and will be for the best interests of the adoptee, the court may, upon proper motion, order the necessary information to be released, restricting the purposes for which it may be used.

Section 19. Rescission of Adoption of the Adoptee. – The petition shall be verified and filed by the adoptee who is over eighteen (18) years of age, or with the assistance of the Department, if he is a minor, or if he is over eighteen (18) years of age but is incapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.

Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

Section 20. Venue. – The petition shall be filed with the Family Court of the city or province where the adoptee resides.

Section 21. Time within which to file petition. – The adoptee, if incapacitated, must file the petition for rescission or revocation of adoption within five (5) years after he reaches the age of majority, or if he was incompetent at the time of the adoption, within five (5) years after recovery from such incompetence.

Section 22. Order to Answer. – The court shall issue an order requiring the adverse party to answer the petition 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 court may direct.

Section 23. Judgment. – If the court finds that the allegations of the petition are true, it shall render judgment ordering the rescission of adoption, with or without costs, as justice requires.

The court shall order that the parental authority of the biological parent of the adoptee, if known, or the legal custody of the Department shall be restored 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.

The court shall further declare that successional rights shall revert to its status prior to adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

The court shall further order the Civil Registrar where the adoption decree was registered to cancel the new birth certificate of the adoptee and reinstate his original birth or foundling certificate.

Section 24. Service of Judgment. – A certified true copy of the judgment together with a certificate of finality issued by the Branch Clerk of the Court which rendered the decision in accordance with the preceding Section shall be served by the petitioner upon the Civil Registrar concerned within thirty (30) days from receipt of the certificate of finality. The Civil Registrar shall forthwith enter the rescission decree in the register and submit proof of compliance to the court issuing the decree and the Clerk of Court within thirty (30) days from receipt of the decree.

The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.

Section 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of the Rules of Court.

Section 26. Applicability. – The following sections apply to inter-country adoption of Filipino children by foreign nationals and Filipino citizens permanently residing abroad.

Section 27. Objectives. – The State shall:

a) consider inter-country adoption as an alternative means of child care, if the child cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be cared for in the Philippines;

b) ensure that the child subject of inter-country adoption enjoys the same protection accorded to children in domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does not result in improper financial gain for those involved.

Section 28. Where to File Petition. – A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found.

It may be filed directly with the Inter-Country Adoption Board.

Section 29. Who may be adopted. – Only a child legally available for domestic adoption may be the subject of inter-country adoption.

Section 30. Contents of Petition. – The petitioner must allege:

a) his age and the age of the child to be adopted, showing that he 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 petitioner is the parent by nature of the child to be adopted or the spouse of such parent, in which case the age difference does not apply;

b) if married, the name of the spouse who must be joined as co-petitioner except when the adoptee is a legitimate child of his spouse;

c) that he 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 country;

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

e) that he is eligible to adopt under his national law;

f) that he can provide the proper care and support and instill the necessary moral values and example to all his children, including the child to be adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under Philippine laws and the U. N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of Republic Act No. 8043;

h) that he comes from a country with which the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption of a Filipino child is allowed under his national laws; and

i) that he possesses all the qualifications and none of the disqualifications provided in this Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.

Section 31. Annexes. - The petition for adoption shall contain the following annexes written and officially translated in English:

a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment dissolving the marriage;

c) Sworn statement of consent of petitioner’s biological or adopted children above ten (10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified by a duly licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current financial capability of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filing of the petitioner;

g) Character reference from the local church/minister, the petitioner’s employer and a member of the immediate community who have known the petitioner for at least five (5) years;

h) Full body postcard-size pictures of the petitioner and his immediate family taken at least six (6) months before the filing of the petition.

Section 32. Duty of Court. – The court, after finding that the petition is sufficient in form and substance and a proper case for inter-country adoption, shall immediately transmit the petition to the Inter-Country Adoption Board for appropriate action.

Section 33. Effectivity. - This Rule shall take effect on August 22, 2002 following its publication in a newspaper of general circulation.

1. Starting January 28, 2022 when R.A. No. 11642 took effect, courts may no longer receive or accept petitions for domestic adoption, jurisdiction over the same being now lodged with the National Authority for Child Care (NACC)

2. Pursuant to R.A. No. 11642, adoption proceedings are now administrative.

3. Per Section 56 of R.A. No. 11642, "[a]ll judicial petitions for domestic adoption pending in court upon the effectivity of the Act may be immediately withdrawn, and the parties to the same shall be given the option to avail of the benefits of the Act."

4. The phrase "judicial proceedings pending in court" refers to all cases already filed in court upon the effectivity of the law, regardless of the stage of the proceedings, applying the principle "when the law does not distinguish, the courts should not distinguish" (expressio unius est exclusio alterius).

5. Although the law uses the term "parties," the petition for adoption may be withdrawn only by the petitioner because the purpose of the withdrawal is to avail of the benefits of the new law.

6. If the petitioner/ s do not withdraw their petition, the court shall continue to hear and decide the same pursuant to Sec. 56, R.A. No. 11642.

7. All courts are required, upon the effectivity of the law, to submit to the Office of the Court Administrator a list and status report of all pending adoption cases including archived cases, which are inactive cases included in the docket of the court.

8. The courts shall require the petitioner/s in adoption cases to manifest their intent to withdraw the petition within a given period, failing which, the court shall inform the parties that the court will proceed to hear and decide the case, and the petitioner/ s shall be deemed to have waived the option to withdraw the petition under Sec. 56 of R.A. No. 11642. Should the petitioner/s avail of the provisions of R.A. No. 11642 without first withdrawing the petition for adoption, petitioner/s and counsel shall be subject to appropriate sanctions under the Rules of Court.

9. The Rule on Adoption which covers the domestic adoption of Filipino children is therefore rendered ineffective, except insofar as petitions for· adoption which have not been withdrawn from the courts pursuant to Sec. 56 of R.A. No. 11642 are concerned. In such cases, the existing Rule on Adoption shall be applied.

10. Although Sec. 47 of R.A. No. 11642 speaks of rescission of administrative adoption, rescission even of judicial adoptions should likewise be construed as being lodged with the NACC, on the following considerations:

1. intent of R.A. No. 11642 to provide for administrative adoption and to remove the judicial process which has previously made legal adoption lengthy and costly;

2. spirit behind R.A. No. 11642 to streamline the adoption process which should apply equally to the rescission process;

3. providing for judicial rescission would be to give different grounds for rescission of the adoption for those adopted prior to and those adopted after the effectivity of R.A. No. 1164210; and

4. acknowledging the jurisdiction of the NACC to rescind the adopted status of the child that was declared by order of the Family Courts would not be tantamount to permitting an administrative agency to review, or worse, reverse, a judicial decree considering that the adoption process and the rescission of adoption are separate and distinct special proceedings, and the action for rescission is not a continuation of the decree of adoption.

11. All pending inter-country adoption petitions filed in court pursuant to the provisions under part B of the Rule on Adoption shall be dismissed.