Laws and Rule on Adoption and Child Care

Section 18

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municipal SWDO or the DSWD if a minor or if over eighteen (18) years of age but is incapacitated, the adoption may be rescinded on any of the following grounds committed by the adopter: (a) Repeated physical or verbal maltreatment by the adopter; (b) Attempt on the life of the adoptee;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

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

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. VIOLATIONS AND PENALTIES

Sec 44

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

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

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

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): Repeated physical or verbal maltreatment by the adopter despite having undergone counseling; Attempt on the life of the adoptee; Sexual abuse or violence: or 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

The petition shall be filed with the RACCO where the adoptee resides.

Sec 49

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

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

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

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

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.