Laws and Rule on Adoption and Child Care

Section 7

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 7

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

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 8

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. ADMINISTRATIVE ADOPTION PROCEDURE

Section 9

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

An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court having jurisdiction over the child, or with the Board, through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive parents, which application shall be in accordance with the requirements as set forth in the implementing rules and regulations to be promulgated by the Board. The application shall be supported by the following documents written and officially translated in English: a) Birth certificate of applicant(s); b) Marriage contract, if married, and divorce decree, if applicable; c) Written consent of their biological or adoptive children above ten (10) years of age, in the form of sworn statement; d) Physical, medical and psychological evaluation by a duly licensed physician and psychologist; e) Income tax returns or any document showing the financial capability of the applicant(s); f) Police clearance of applicant(s); g) Character reference from the local church/minister, the applicant's employer and a member of the immediate community who have known the applicant(s) for at least five (5) years; and h) Recent postcard-size pictures of the applicant(s) and his immediate family. The Rules of Court shall apply in case of adoption by judicial proceedings.

Sec 11

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.

Section 11

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

The applicant(s) shall bear the following costs incidental to the placement of the child: a) The cost of bringing the child from the Philippines to the residence of the applicant(s) abroad, including all travel expenses within the Philippines and abroad; and b) The cost of passport, visa, medical examination and psychological evaluation required, and other related expenses.

Sec 12

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

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: 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; Proof that efforts were made to locate the parents or any known relatives of the child. The following shall be considered sufficient; Written certification from a local or national radio or television station that the case was aired on three (3) different occasions;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;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; 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; Birth certificate, if available: and Recent photograph of the child and photograph of the child upon abandonment or admission to the agency or institution. Proof that efforts were made to locate the parents or any known relatives of the child. The following shall be considered sufficient; Written certification from a local or national radio or television station that the case was aired on three (3) different occasions; 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; 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; 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; Birth certificate, if available: and Recent photograph of the child and photograph of the child upon abandonment or admission to the agency or institution.

Section 13

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

The governmental agency or the authorized and accredited agency in the country of the adoptive parents which filed the application for inter-country adoption shall be responsible for the trial custody and the care of the child. It shall also provide family counseling and other related services. The trial custody shall be for a period of six (6) months from the time of placement. Only after the lapse of the period of trial custody shall a decree of adoption be issued in the said country, a copy of which shall be sent to the Board to form part of the records of the child. During the trial custody, the adopting parent(s) shall submit to the governmental agency or the authorized and accredited agency, which shall in turn transmit a copy to the Board, a progress report of the child's adjustment. The progress report shall be taken into consideration in deciding whether or not to issue the decree of adoption. The Department of Foreign Affairs shall set-up a system by which Filipino children sent abroad for trial custody are monitored and checked as reported by the authorized and accredited inter-country adoption agency as well as the repatriation to the Philippines of a Filipino child whose adoption has not been approved.

Sec 14

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 14

The safe haven provider shall: Act appropriately to take care of the infant; Inform the parent that the parent may, but is not required to answer questions regarding the identity and medical history of the infant; Confirm, if practicable, that the parent wishes to permanently relinquish their parental rights and release the infant for adoption; and 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.

Section 15

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.

Sec 15

Infants relinquished under the safe haven provisions of this Act shall be considered foundlings.

Sec 15

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

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 16

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.

Sec 17

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

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

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: 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. 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

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

The following may adopt: 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; The legal guardian with respect to the ward after the termination of the guardianship and clearance of financial accountabilities; The foster parent with respect to the foster child; Philippine government officials and employees deployed or stationed abroad: Provided, That they are able to bring the child with them; and 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: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 One who seeks to adopt the legitimate child of the Filipino spouse; or 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. 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: 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 One who seeks to adopt the legitimate child of the Filipino spouse; or 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: If one spouse seeks to adopt the legitimate child of the other; or If one spouse seeks to adopt own illegitimate child: Provided, That the other spouse has signified consent thereto; or If the spouses are legally separated from each other.

Sec 22

The following may be adopted: Any child who has been issued a CDCLAA; The legitimate child of one spouse by the other spouse; An illegitimate child by a qualified adopter to improve status of legitimacy; 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: A foster child; A child whose adoption has been previously rescinded; 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 A relative of the adopter.

Sec 23

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

The PAPs shall attach the following to the Petition for Adoption and shall submit the same to the RACCO: 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; Authenticated or security paper copies of birth record of the PAPs and the child; 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; 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; 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; Authenticated or security paper copies of the Death Certificate of biological parents, as applicable; Original copy of CDCLAA, as applicable; Result of the recent medical evaluation of the child and the PAPs; Mandatory result of the psychological evaluation of the PAPs; Mandatory result of the psychological evaluation of the child, for children five (5) years old and above; 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; 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; Recent close-up and whole-body pictures of the child and the PAPs taken within the last six (6) months: and 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.