Domestic Adoption | RA8552 | Implementing Rules and Regulation
OF THE PHILIPPINES
Pursuant to the authority of the Department of Social Welfare and Development under Article VIII, Section 24 of Republic Act 8552, otherwise known as "The Domestic Adoption Act of 1998", the following Rules and Regulations are hereby promulgated to govern the adoption of Filipino children within the Philippines.
SECTION 1. Affirmation of Policy. – It is the policy of the State to ensure that every child remains under the care and custody of his/her biological parents and be provided with love, care, understanding and security toward the full development of his/her personality. When care of the biological parents is unavailable or inappropriate and no suitable alternative parental care or adoption within the child’s extended family is available, adoption by an unrelated person shall be considered. However, no direct placement of a child to a non-related shall be countenanced.
Adoption is the most complete means whereby permanent family life can be restored to a child deprived of his/her biological family.
The child’s best welfare and interest shall be the paramount consideration in all questions relating to his/her care and custody.
SECTION 2. Applicability. – These Rules shall apply to the adoption in the Philippines of a Filipino child by a Filipino or alien qualified to adopt under Article III, Section 7 of RA 8552.
Adoption of a child by any member of his/her extended family shall likewise be governed by these Rules.
DEFINITION OF TERMS
SECTION 3. Definition of Terms. – As used in these Rules, unless the context otherwise requires, the following terms shall mean:
- "Act" shall refer to Republic Act No. 8552 otherwise known as the "Domestic Adoption Act of 1998."
- "Department" shall refer to the Department of Social Welfare and Development.
- "Child" shall refer to a person below eighteen (18) years of age.
- "A child legally available for adoption" shall refer 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/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption.
- "Voluntarily committed child" shall refer to one whose parent(s) knowingly and willingly relinquishes parental authority to the Department.
- "Involuntarily committed child" shall refer to one whose parent(s), known or unknown, has been permanently and judicially deprived of parental authority due to abandonment; substantial, continuous or rejected neglect; abuse; or incompetence to discharge parental responsibilities.
- "Abandoned child" shall refer to one who has no proper parental care or legal guardianship or whose parent(s) has deserted him/her for a period of at least six (6) continuous months and has been judicially declared as such.
- "Foundling" shall refer to a deserted or abandoned infant or a child found, with parents, guardian, or relatives being unknown, or a child committed in an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil Register as a "foundling".
- "Deed of Voluntary Commitment" shall refer 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 parent(s) 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 Department after counseling and other services have been made available to encourage the child’s biological parent(s) to keep the child. A minor, after proper counseling by a licensed social worker, may also execute the deed of voluntary commitment.
- "Child Study Report" shall refer to a study of a child’s legal status, placement history, psychological, social, spiritual, medical, ethno-cultural background, and that of his/her biological family as basis in determining the most desirable placement for him/her.
- "Home Study Report" shall refer to a study of the motivation and capacity of the prospective adoptive parents to provide a home that meets the needs of a child.
- "Matching" shall refer to the judicious selection from the regional or interregional levels of a family for a child based on the child’s needs and in his/her 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.
- "Supervised trial custody" shall refer to the period during which a social worker oversees the adjustment and emotional readiness of both adopting parents and adopted child in stabilizing their filial relationship
- "Licensed Social Worker" shall refer to one who possesses a bachelor of science in social work degree as a minimum education requirement and must have passed the government licensure examination for social workers as required by Republic Act 4373.
- "Child-placing agency" shall refer to a private non-profitable or charitable institution or government agency licensed and accredited by the Department to provide comprehensive child welfare services including but not limited to, receiving applications for adoption/foster care, evaluating the prospective adoptive/foster parents preparing the home study and all other processes as provided for in Article V of the Rules.
- "Child-caring agency" shall refer to a private non-profitable or charitable institution or government agency licensed and accredited by the Department that provides twenty-four (24) hour residential care services for abandoned, orphaned, neglected or voluntarily committed children
- "Simulation of birth" shall refer to the tampering of the civil registry making it appear in the birth records that a certain child was born to a couple or a person who is not his/her biological mother and/or his/her biological father, causing such child to lose his/her true identity and status.
- "Extended Family" shall refer to a relative of a child both at the paternal and maternal side within the fourth degree of consanguinity.
- "Biological Parents" shall refer to the child’s mother and father by nature or the mother alone if the child is unacknowledged illegitimate child.
- "Prospective Adoptive Parent(s)" shall refer to person mentioned under Section 7 of the Act who have filed an application for adoption.
- "Prospective Adoptee" shall refer to one who is legally available for adoption as defined in Section 3 (d) of this Rule or one who falls under the enumeration in Section 8 of the Act.
- "Pre-Adoption Services" shall refer to psycho-social services provided by professionally trained social workers of the Department, the social services units of local government, private and government health facilities, Family Courts, licensed and accredited child-caring and child-placing agency and such other individuals or entities involved in adoption as may be authorized by the Department.
- "Post-Adoption Services" shall refer to psychosocial services and support services provided by professionally trained social workers from offices above-mentioned after the issuance of the Decree of Adoption.
- "Residence" shall refer to a person’s actual and legal stay in the Philippines for three (3) continuous years immediately prior to the filing of application for adoption and maintains such residence until the adoption decree is entered; Provided that temporary absences for professional, business or emergency reasons not exceeding sixty (60) days in one (1) year shall not be considered as breaking the continuity requirement; Provided further that the Department may extend this period in meritorious cases.
- "Alien" shall refer to any person, not a Filipino citizen, who enters and remains in the Philippines and in possession of a valid passport or travel documents and visa.
SECTION 4. Pre-Adoption Services. – Pre-Adoption Services including counseling shall be provided by professionally trained social workers of the Department, the social services units of local government, private and government health facilities, Family Courts, licensed and accredited child-caring and child-placing agency and such other individuals or entities involved in adoption as may be authorized by the Department to the following:
1. Biological Parent(s)
1. Biological Parents shall be counseled regarding their options:
- to keep the child and avail of services and assistance;
- avail of temporary child care arrangements such as foster care; or
- relinquish the child for adoption
2. Counseling shall be provided in a language and manner understandable to the biological parent(s)/legal guardian on the implications of relinquishing his/her parental authority over the child focusing on:
- the loss of parental rights over the child and as a rule, not having further contact with the child;
- the importance of providing relevant information on the child, their own medical history and family background;
- the possibility that the child may be placed for adoption within the Philippines or in a foreign country;
- the possibility that in the future, there may be communication with the child at their or the child’s initiative.
- the right to reconsider his/her decision to relinquish his/her child within six (6) months from signing the Deed of Voluntary Commitment (DVC) subject to assessment by the Department.
3. Continuing services shall be provided after relinquishment to cope with feelings of loss, etc. and other services for his/her reintegration to the community.
4. The biological parent(s) who decided to keep the child shall be provided with adequate services and assistance to fulfill parental responsibilities.
2. Prospective Adoptive Parent(s)
1. Biological Parents shall be counseled regarding their options:
- to disseminate basic information about adoption including the adoption process and procedures and the effects of adoption.
- to inform them of the general background of children in need of adoptive homes including children with special needs;
- to develop among prospective adoptive parents a respect for the child’s biological origin and an awareness of the importance of telling the child that he/she is adopted.
- To provide a support group for adoptive parents which shall give them a venue for sharing their adoption experiences.
2. A certificate shall be issued by the Department to the prospective adoptive parents attesting that they have undergone pre-adoption services.
The certificate shall be made a pre-requisite of the homestudy.
3. Prospective Adoptee
- A prospective adoptee shall be provided with counseling and other support services appropriate to his/her age and maturity, and in a manner and language that the child comprehends, especially to enable him/her to understand why he/she has been relinquished for adoption.
- In the case of a prospective adoptee whose consent to his/her own adoption is necessary, the social worker/counselor shall consider the child’s wishes and opinions, ensure that his/her consent is voluntary and duly inform him/her of the effects of such consent.
SECTION 5. Location of Unknown Parent(s). – It shall be the duty of the Department or the child-caring or child-placing agency which has custody of the child to exert all efforts to locate his/her unknown biological parents.
The following shall be sufficient proof that such efforts to locate the biological parents, guardians or relatives have been made:
- Certification from radio and/or TV stations that the case was aired on three (3) different occasions; and
- Publication in newspapers of general or local circulation whichever is appropriate to the circumstances.
If the biological parent(s) is located, he/she will be assessed to determine their willingness to keep the child and their parenting capability. If reunification is desired it shall be effected after the parent(s) and child undergo counseling.
If efforts to locate child’s parent/s fail, the child shall be registered as a foundling and within three (3) months from the time he/she is found, be the subject of legal proceedings where he/she shall be declared abandoned. If the child’s parents are located but reunification is not desired, the parent(s) shall execute a deed of voluntary commitment to the department.
SECTION 6. Support Services. – the Department and other authorized agencies shall organize and assist groups for adoptive parents, biological parents and adoptees, provide parent and family life education sessions and referral for specialized services.
SECTION 7. Who May Adopt. – any Filipino citizen or alien residing in the Philippines who has the qualification and none of the disqualifications under the Act may be eligible to adopt if he/she:
- is of legal age.
- is at least sixteen (16) years older than the adoptee; Provided, however that the minimum age gap between the adopter and the adoptee may not be required if the adopter is the biological parent or sibling of the adoptee or the spouse of the adoptee’s parent;
- has the capacity to act and assume all the rights and duties incident to the exercise of parental authority;
- is of good moral character and has not been convicted of any crime involving moral turpitude;
- is in a position to support, educate and care for his/her legitimate and illegitimate children and the child to be adopted in keeping with the means of the family;
- has undergone pre-adoption services as required in Section 4 of the Act.
In addition to these qualifications, an alien may adopt if he/she:
- is a citizen of a state which has diplomatic relations with the Philippines;
- has been certified by his/her diplomatic or consular office or any appropriate agency that:
- he/she is qualified to adopt in his/her country; and
- his/her government will allow the adoptee to enter the adopter’s country and reside there permanently as an adopted child;
- has submitted the necessary clearances and such other certifications as may be required by the Department.
SECTION 8. Who May Be Adopted – the following may be adopted:
- any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption in accordance with the procedures as indicated in Articles 142 to 155 of the P.D. 603: The Child and Youth Welfare Code;
- the legitimate son/daughter of one spouse by the other spouse.
- the illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;
- a person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority.
- a child whose adoption has previously been rescinded; or
- a child whose biological or adoptive parent(s) has died: Provided, that no proceedings shall be initiated within six (6) months from the time of death of said parent(s)
SECTION 9. Persons Whose Consent Is Necessary To The Adoption. – In addition to the Consent to Adopt by the Department under Section 22 of these Rules, the written consent of the following persons to the adoption shall be given in the required legal form and attached to every petition for adoption:
- the prospective adoptee, if ten (10) years of age or over.
- the prospective adoptee’s biological parents of the child or legal guardian;
- the prospective adopter’s legitimate and adopted sons/daughters who are ten (10 years of age or over and, if any illegitimate sons/daughters living with them;
- the prospective adopter’s spouse in appropriate cases; and prospective adopted in appropriate cases.
The foregoing consent shall be given freely after they have been properly counseled as required under Section 4 by a social worker who shall attest in the same document that the required counseling and information have been given.
SECTION 10. Hurried Decision. – In all proceedings for adoption, a comprehensive study report prepared by a licensed social worker shall be submitted to the court as proof that the biological parent(s) has been properly counseled and provided other support services:
- to exhaust all measures to strengthen family ties and keep the child;
- to ensure that their decision to relinquish their child for adoption is not caused by stress, anxiety or pressure; and
- to ascertain that such decision does not result in improper financial gain for those involved in it.
SECTION 11. Attendance In Adoption Fora and Seminar. – In accordance with Section 4.2 of these Rules, prospective adoptive parents shall attend adoption fora and seminars prior to filing their application to adopt.
SECTION 12. Fees and Charges. – Pursuant to Section 23 (d) of the Act, child-caring and child-placement agencies may charge reasonable fees as determined by the Department to cover expenses in providing adoption services. The applicant(s) shall be apprised of the fees at the start of the adoption process.
SECTION 13. Application for Adoption. – A person eligible to adopt under Article III, Section 7 of the Act who desires to adopt a child in the Philippines whether a relative or not has attended adoption fora and seminar, shall file his/her application for adoption with the Department directly or with a social service office of a local government unit, or with any licensed accredited child placing agency. Spouses shall file their application jointly.
- Authenticated birth certificate
- Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal Separation documents;
- Written consent to the adoption by the legitimate and adopted sons/daughters, and illegitimate sons/daughters if living with the applicant, who are at least ten (10) years old;
- Physical and medical evaluation by a duly licensed physician and psychological evaluation by a psychologist;
- NBI/Police Clearance
- Latest income tax return or any other documents showing financial capability, e.g. Certificate of Employment, Bank Certificate or Statement of Assets and Liabilities;
- Three (3) character references, namely from the local church/minister, the employer, and a non-relative member of the immediate community who have known the applicant(s) for at least three (3) years;
- 3x5 sized pictures of the applicant(s) and his/her immediate family taken within the last three (3) months;
- Certificate of attendance to pre-adoption fora or seminars.
In addition, foreign nationals shall submit the following:
- Certification that the applicant(s) have legal capacity to adopt in his/her country and that his/her country has a policy, or is a signatory of an international agreement, which allows a child adopted in the Philippines by its national to enter his/her country and permanently reside therein as his/her legitimate child which may be issued by his/her country’s diplomatic or consular office or central authority n intercountry adoption or any government agency which has jurisdiction over child and family matters; or in the absence of any of the foregoing, the Philippine Intercountry Adoption Board may also certify that the Philippines and the applicants’ country have an existing agreement or arrangement on intercountry adoption whereby a child who has been adopted in the Philippines or has a pre-adoption placement approved by the Board is allowed to enter and remain as permanent resident in the applicant’s country as his/her legitimate child.
- Certificate of Residence in the Philippines issued by the Bureau of Immigration or Department of Foreign Affairs, as appropriate;
- Two (2) character references from a non-relatives who knew the applicant(s) in the country of which he/she is a citizen or was a resident prior to residing in the Philippines, except for those who have resided in the Philippines for more than fifteen (15) years;
- Police Clearance from all places of residence in the past two years immediately prior to residing in the Philippines.
In the case of an applicant who is residing abroad, but is otherwise qualifies to adopt in the Philippines under the provisions of the Act, the Homestudy report shall be prepared by an accredited foreign adoption agency. However, a certification from the Intercountry Adoption Board shall be required to ensure that said agency is accredited.
SECTION 15. Disapproval of Adoption Application. – the applicants shall be informed as soon as possible about the approval or disapproval of the adoption application. In case of disapproval, the social worker shall help them understand the reasons for their disapproval and shall assist or refer them for appropriate services in areas where they need to be helped. Except when found by the social worker that such application can no longer be considered, there shall be no prejudice to future application of said applicants.
SECTION 16. Certificate Of Availability Of Child For Adoption. – No child shall be placed for adoption unless a clearance has been obtained from the Department that said child is available for adoption. The Department shall not issue such certification unless the child Study Report prepared by a duly licensed and accredited social worker of the Department, or of a child caring agency recommends that the child’s best interest will be served by adoption.
The Department shall issue the Certificate of Availability for Adoption not later than fifteen (15) days after expiration of the six (6) month period after execution of Deed of Voluntary Commitment by the child’s parents or legal guardian required under PD No. 603 or the Child and Youth Welfare Code or after receipt of entry of judgement in case of involuntary commitment. Copy of the Certificate of Availability for Adoption and Child Study Report shall be sent to the Child Welfare Specialist Group (CWSG) for purpose of placement of the child for adoption.
SECTION 17. Supporting Documents Of Child Study Report. – The child study report shall be prepared only by a licensed and accredited social worker of the Department or child caring agency not involved in child placement. Such child study report shall include assessment and recommendations of the social worker as to the alternative child custody and care appropriate for the child.
The following documents shall accompany the child report:
- Authenticated birth or foundling certificate, when appropriate;
- Written Consent to adoption by the biological parent(s) or the legal guardian and the written consent of the child if at least ten (10) years old, signed in the presence of the social worker of the Department or child caring agency after proper counseling as prescribed in Section III of these Rules;
- Death Certificate of biological parents, Decree of abandonment or Deed of Voluntary Commitment, as appropriate;
- Medical evaluation of the child and his/her parent(s), if available;
- Psychological Evaluation when appropriate;
- Picture of the child
SECTION 18. Submission Of Case Records Of Prospective Adoptees and Prospective Adoptive Parents. – Case Records of prospective adoptees and prospective adoptive parents shall be submitted to the concerned Adoption Resource and Referral Office (ARRO) which was established according to Section 23 of the Act for matching.
SECTION 19. Matching. – The matching of the child to an approved adoptive parent(s) shall be carried out during the regular matching conference by the Matching Committee otherwise called the Child Welfare Specialist Group (CWSG) in the regional level where the social workers of the child and family are present. Subject to approval of the Department, the CWSG shall fix its own internal rules and procedures in accordance with the rules of Court; Provided, however, that records of children and approved adoptive parent/s not matched within thirty (30) days in the regional level shall be forwarded to the Department’s Central Office for interregional matching; Provided further 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 CWSG shall be approved by the Department.
SECTION 20. Interregional Matching. – Records of prospective adoptees and approved adoptive parent/s not matched in the regional level shall be forwarded to the Department’s Central Office for interregional matching by the Interregional Adoptive Placement Committee whose internal rules and procedures shall be established by the Department.
SECTION 21. Pre-Placement. – The respective social worker who prepared the reports shall also prepare the adoptive family and the child, physically and psychologically before actual placement.
SECTION 22. Placement. – The physical transfer of a child from a child caring agency or foster home to the prospective adoptive parents who shall be responsible for his/her care and custody shall be made after the necessary form are accomplished and the Pre-Adoption Placement Authority (PAPA) has been issued after approval of the Regional Director for placement within the region or by the Department Secretary or his/her duly authorized representative in cases of interregional placements.
SECTION 23. Supervised Trial Custody. – The placement of the child shall take effect upon issuance of the Pre-Adoption Placement Authority by the Department after which the supervised trial custody shall commence.
During the supervised trial custody, the social worker shall conduct monthly home visits to monitor adjustment of the prospective adopter(s) and child to each other and submit progress report to the Department. A copy of these reports shall be given to the child caring agency where the child came from.
The court may upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if it finds that it is to the best interest of the child. In such case, the court shall state its reasons for reducing said period.
SECTION 24. Disruption of Pre-Adoptive Placement. – If the placement/relationship is found unsatisfactory by the child or the adopter(s), or both, or if the social worker finds that the continued placement of the child is not in the child’s best interest, said relationship/placement shall be suspended by the Department which shall recommend to the Adoption Resource and Referral Office to consider another possible placement. Should there be no available prospective adoptive family, the Department shall arrange for the child’s temporary care. No termination of placement shall be made unless it is shown that the social worker has exhausted all efforts to remove the cause of the unsatisfactory relationship/placement within a reasonable period of time.
SECTION 25. New Placement. – In the event of the disruption of the pre-adoptive placement, the Department shall arrange without delay a new placement of the child, or, if inappropriate, other alternative long term care. The consent of the child to the measures taken under this section shall be obtained having regard to his/her age and level of maturity in particular.
SECTION 26. Consent to Adoption. – If the adjustment of the child/adopter(s) is satisfactory, the social worker shall forward to the Department the final supervisory report which shall include the recommendation for the issuance of the written consent to adoption to be executed by the Department.
SECTION 27. Filing Of Petition For Adoption. – the prospective adoptive parent(s) shall initiate judicial proceeding by filing the petition to adopt not later than 30 days from date of receipt of the Department’s written consent to adoption.
SECTION 28. Issuance of Decree of Adoption and Entry of Judgement. – If, after considering the recommendation and reports of the social worker and other evidence, the Court is satisfied that the adopter(s) are qualified to adopt, then an adoption decree and an Entry of Judgement shall be issued stating the name by which the child is to be known. A copy of the decree of adoption shall be forwarded to the Department. The effectivity of the decree shall be as of the date of the original petition was filed.
SECTION 29. Travel Authority of Adopted Child. – No adoptee shall be issued a travel authority unless a decree of adoption has already became final and executory. In this respect, the amended birth certificate shall be presented. If for any valid reason the same cannot be presented, the application for travel authority shall be accompanied by the duplicate original or certified true copy of the decree of adoption and entry of judgement issued by the court which promulgated the decision and a certification from the Office of the Solicitor General at the decision is final and executory and that no appeal there from has been filed by the said office.
SECTION 30. Recording Of The Court Decision. – A court decision on adoption as well as the finality of decision shall be submitted by the clerk of court or in his default, by the adopting parent(s), to the Local Civil Registry Office of the City/municipality where the court issuing the same is situated, for entry in the Register of Court Decrees, not later that thirty (30) days after the court decision has become final and executory. Such Local Civil Registry Office shall submit one copy of the court decision to the Local Civil Registrar of the city or municipality where the birth of the adopted child was registered and the latter office shall have the duty to prepare the amended certificate of live birth of the adopted child.
SECTION 31. Civil Registry Record. – The adopted child shall be entitled to the issuance of a new certificate of live birth. Amendment to the certificate of live birth shall be done in accordance with the rules and regulations promulgated by the Office of the Civil Registrar General and Section 14 of the Act.
A copy of the new birth certificate shall be transmitted by the local civil registrar to the National Statistics Office within 30 days from registration.
SECTION 32. Post Adoption Services. – Post Adoption Services which shall include counseling shall be made available by the social workers of the Department, social services unit of the local government, child placing and child caring agencies to develop the adoptee, adopter and the biological parents.
EFFECTS OF ADOPTION
SECTION 33. Effects of Adoption. – Adoption shall have the following effects:
- sever all legal ties between the biological parents and the adoptee, except when the biological parent is the spouse of the adopter;
- Deem the adoptee as a legitimate child of the adopter;
- Give adopter and adoptee reciprocal rights and obligations arising from the relationship of parent and child, including but not limited to:
- the right of the adopter to choose the name, the child’ is to be known; and
- the right of the adopter and adoptee to legal and compulsory heirs of each other
SECTION 34. Benefits. – the adoptive parents shall, with respect to the adopted child, enjoy all the benefits to which biological parents are entitled. Maternity and paternity benefits and other benefits given to biological parents upon the birth of a child shall be enjoyed if the adoptee is below seven (7) years of age as of the date the child is placed with the adoptive parents thru the Pre-Adoptive Placement Authority issued by the Department.
RESCISSION OF ADOPTION
SECTION 35. Grounds for Rescission. – Adoption being in the best interest of the child, shall not be subject to rescission by the adopter(s). The adoption may be rescinded only upon the petition of the adoptee with the assistance of the Department, if a minor or if over eighteen (18) years of age but is incapacitated, on any of the following grounds committed by the adopter(s):
- Repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling;
- Attempt on the life of the adoptee;
- Sexual assault or violence; or
- Abandonment and failure to comply with parental obligations
SECTION 36. Disinheritance of Adoptee. – the adopter(s) may disinherit the adoptee for cause provided in Article 919 of the Civil Code.
SECTION 36. Disinheritance of Adoptee. – the adopter(s) may disinherit the adoptee for cause provided in Article 919 of the Civil Code.
SECTION 37. Effects of Rescission. – Rescission of Adoption shall have the following effects.
- Restoration of parental authority of the adoptee’s biological parent(s), if known or the legal custody of the Department of the adoptee if still a minor or incapacitated.
- The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished.
- Cancellation of the new birth certificate of the adoptee by the Civil Registrar as ordered by the court and restoration of the adopter’s original birth certificate.
- Succession rights shall revert to its status prior to adoption but only as of the date of judgement of judicial rescission.
- Vested rights acquired prior to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal acts are properly proven.
ADOPTION RESOURCE AND REFERRAL OFFICE
SECTION 38. Functions. – The Adoption Resource and Referral Office (ARRO) shall be under the supervision of the Department’s Central Office and Regional Office Director.
The functions of the ARRO shall include the following:
- Monitor the existence, number and flow of children legally available for adoption and prospective adopter(s), so as to facilitate their matching;
- Maintain a nationwide/regional information and educational campaign o domestic adoption;
- Keep records of adoption proceedings;
- Generate resources to help child-caring and child-placing agencies and maintain viability;
- Do policy research in collaboration with the Intercountry Adoption Board and other concerned agencies; and
- Act as the Secretariat to the Child Welfare Specialist Group (CWSG) during Interregional/regional matching conferences.
SECTION 39. Composition Of the CSWG. – The CWSG shall have five (5) members composed of a social worker of the Department, a lawyer specializing on child and youth welfare cases, a physician, a psychiatrist or psychologist, and a representative of a non-government organization of adoptive parents or child welfare agencies who shall be selected in consultation with the recognized association or organization of adoptive parents and child caring agencies.
The Department shall appoint qualified persons who shall serve in the CWSG for a term of two (2) years which may be renewed for another term.
Only CWSG members who are not with the Department shall be entitled to a per diem for every meeting attended but not to exceed four (4) meetings a month.
SECTION 40. Functions Of The CWSG. – The CWSG shall have the following functions:
- Match children for adoption
- Implement an integrated system and network of selection and matching of applicants and children;
- Initiate, review and recommend changes in policies concerning child placement and other matters related to child welfare;
- Perform such other functions and duties as may be prescribed by the Department.
ADOPTION RESOURCE AND REFERRAL OFFICE
SECTION 41. Procedure for Rectification. – A person who has under his care and custody a child whose birth registration has been simulated to make it appear that the child is his/her own son or daughter shall file in the appropriate court an application for correction of the birth registration and for adoption of the child. For the purpose of availing of the benefit under Section 22 of the Act, said person shall initiate said proceedings within five (5) years from the effectivity of the Act and shall thereafter complete said proceedings wherein he/she shall prove that the simulation of birth was made for the best interest of the child, and the child has been consistently considered and treated as his/her own son/daughter. The Department shall conduct its own child and home study reports through a licensed and duly accredited social worker to determine if said conditions exist.
In all cases of rectification of simulated birth and adoption of said child, the Department shall secure a deed of voluntary commitment executed by the child’s biological parent(s) or a judicial declaration of abandonment transferring legal custody of the child to the Department; Provided that if adoption by the person who has custody of the child is recommended, said person shall retain custody of the child unless the court decided otherwise.
Any publication to determine the whereabouts of the child’s biological parents and relatives shall be limited to the circumstances at the time the child was found without revealing the present identity of the child and his/her current custodian. Any inquiries regarding the child shall be directed to the Department.
REGISTRATION OF BIRTH
SECTION 42. Registration of Birth. – All hospitals, attending physicians and midwives in attendance at the birth of a child shall register such birth of a child not later than 30 days from the date of said birth as required under the Civil Register Law.
CONFIDENTIALITY OF ADOPTION RECORDS
SECTION 43. Confidentiality. – All records, documents and court proceedings relating to the adoption shall be confidential. No copy thereof shall be released without determination that it is for reasons substantially connected with or arising out of the adoption.
In such event, records and information shall be disclosed in a way that will prevent persons who do not have a legitimate interest, from learning the fact that a person has been adopted or, if that is revealed, the identity of his/her biological parents.
SECTION 44. Office In Charge of Handling Violations. – The CWSG, child caring/placing agency and every person who has knowledge of any violation under the Act or related laws shall immediately report the same to the nearest police station, local government unit or office of the Department who shall act thereon within twenty-four (24) hours from receipt of the report. Any delay or negligence in acting on the violations shall be dealt with criminally and administratively.
Failure of adopters to initiate legalization of the adoption of children placed in their care and custody within six (6) months from the end of supervised trial custody shall be considered an act not in the best interest of the child.
VIOLATIONS AND PENALTIES
Any person who shall violate any of the provisions of the act shall be dealt with accordingly pursuant to Article VII Section 21 of the Act.
SECTION 45. Interpretation Of The Provisions Of The Rule. – Any doubt or ambiguity in the provisions of these Rules shall be interpreted in the best interest of the child.
SECTION 46. Repealing Clause. – All rules and regulations, orders, resolutions, and parts thereof inconsistent with the provisions of this Rules are hereby repealed or modified accordingly.
SECTION 47. Separability Clause. – If for any reason, any section or provision of these Rules is declared unconstitutional or invalid, the other sections or provisions hereof which are not affected shall continue in full force and effect.
SECTION 48. Effectivity. – These Rules shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation, except those which pertain to self-executing provision of this Act.
Approved in _____________________________ this _____ day of _______ in the year of our Lord, Nineteen Hundred and Ninety Eight.
The Joint Social Development Committee
Cabinet Cluster C
October 30, 1998
Domestic Adoption | RA8552 | Implementing Rules and Regulation