Laws and Rule on Adoption and Child Care

Section 21

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. FINAL PROVISIONS

Sec 54

Violations and Penalties. 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:Obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts; Noncompliance with the procedures and safeguards provided by the law for adoption: or Subjecting or exposing the child to be adopted to danger, abuse, or exploitation. 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: Obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts; Noncompliance with the procedures and safeguards provided by the law for adoption: or Subjecting or exposing the child to be adopted to danger, abuse, or exploitation. 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). 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. 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.