Laws and Rule on Adoption and Child Care

Section 4

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 4

There is hereby created the Inter-Country Adoption Board, hereinafter referred to as the Board, to act as the central authority in matters relating to inter-country adoption. It shall act as the policy-making body for purposes of carrying out the provisions of this Act, in consultation and coordination with the Department, the different child-care and placement agencies, adoptive agencies, as well as non-governmental organizations engaged in child-care and placement activities. As such, it shall: a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any other practice in connection with adoption which is harmful, detrimental, or prejudicial to the child; b) Collect, maintain, and preserve confidential information about the child and the adoptive parents; c) Monitor, follow up, and facilitate completion of adoption of the child through authorized and accredited agency; d) Prevent improper financial or other gain in connection with an adoption and deter improper practices contrary to this Act; e) Promote the development of adoption services including post-legal adoption; f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino children; g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own country; and h) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency involved from the accreditation list of the Board upon a finding of violation of any provision under this Act.

Sec 5

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.

Section 5

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 5

The Board shall be composed of the Secretary of the Department as ex officio Chairman, and six (6) other members to be appointed by the President for a nonrenewable term of six (6) years: Provided, That there shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers who shall have at least the qualifications of a regional trial court judge, one (1) registered social worker and two (2) representatives from non-governmental organizations engaged in child-caring and placement activities. The members of the Board shall receive a per diem allowance of One thousand five hundred pesos (P1,500) for each meeting attended by them: Provided, further, That no compensation shall be paid for more than four (4) meetings a month.

Sec 6

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.

Section 6

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.

Section 6

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. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE ADOPTION

Sec 7

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

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: Act and resolve petitions for the issuance of CDCLAA as provided under this Act; Facilitate, act, and resolve all matters relating to domestic administrative adoption as provided in this Act; Facilitate, act, and resolve all matters relating to inter-country adoption, pursuant to Republic Act No. 8043; Facilitate, act, or resolve all matters relating to foster care pursuant to Republic Act No. 10165; Facilitate, act, and resolve all matters relating to the rectification of simulated bii-th pursuant to Republic Act No. 11222; Supervise and control the following acts to be performed by the RACCO under the provisions of this Act; 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; Set standards and guidelines on adoption including pre- and post-legal adoption services; 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; 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; 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; Ensure that inter-country adoption will not be pursued until all possible domestic placement of the child has been exhausted; Conduct national information dissemination and advocacy campaign on alternative child care; Establish clear programs to keep children with their biological families wherever possible; Assess the progress and identify gaps in the implementation of this Act and come up with policy recommendations; 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; 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; Provide technical assistance and conduct capability building activities to all concerned agencies and stakeholders; Determine and impose administrative fees; 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; 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; 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; 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 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

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: Issuance of the CDCLAA; Domestic administrative adoption; Inter-country adoption; Foster care; All other forms of alternative care including family like care, kinship care, and residential care; and 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 9

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

The following documents shall be required before the foundling may be registered with the local Civil Registrar: Affidavit of the finder; 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 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 10

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

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: Percentage of the foundling has been established; or 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

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: Petition for the issuance of Certificate Declaring a Child Legally Available for Adoption (CDCLAA), Supervised trial custody, or 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. 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: A licensed child-caring agency; A licensed child-placing agency; A church: Provided, That, for purposes of this Act, a church shall be defined as a place devoted to religious worship held with regularity; DOH-accredited health facilities including hospitals, infirmaries, city health offices, birthing homes, rural health units and barangay health stations; A Local Social Welfare and Development Office; and DSWD-managed residential care facilities and LGU-managed residential care facilities.