Domestic Adoption | RA8552 | Implementing Rules and Regulation


 

domestic banner


                       The service involves recruitment, assessment, development and maintenance of a             pool of adoptive families for permanent placement of children. It includes social, legal and             other professional services that are required from the time of application until adoption is             finalized in court. Post adoption services such as counseling, forums, referrals, etc. are also             provided.

 


 REPUBLIC ACT 8552

 The Domestic Adoption
Act of 1998

                        Republic Act No. 8552 otherwise known as the "Domestic Adoption Act of 1998"               is an act establishing the rules and policies on domestic adoption of Filipino children.               This act was passed by both house of Congress on February 13, 1998 and approved by               President Fidel V. Ramos on February 13, 1998.

                        The Domestic Adoption Act of 1998 ensures that every Filipino child is provided               with love, care, understanding and security toward the full development of his/her               personality. Only when the care of the biological parents is unavailable or inappropriate               or no suitable alternative parental care or adoption within the child’s extended family is               available, may adoption by an unrelated person be considered. However, no direct               placement of a child to a non-relative shall be countenanced.

                       KAISAHANG BUHAY FOUNDATION, INC. (KBF) is a private, non-profit family and               child  welfare organization duly licensed and accredited by the Department of Social               Welfare and Development. It is committed to the principle that a child needs a loving               permanent family.  It is the only Non-Government Organization licensed and accredited by               the DSWD to implement domestic adoption.

 

              Click here to view the Domestic Adoption Law


 

 Frequently Asked Questions

1. WHAT IS ADOPTION?

          Adoption is a socio-legal process, which establishes a parent-child relationship between           persons who are not related by birth. Adoption gives the adoptive child the same rights,           status and privileges as those of a birth child.

2. WHAT IS ADOPTION SERVICE?

          Adoption service consists of social work, legal and other professional services that are           required in the adoption process.

 3. WHO ARE THE CHILDREN IN NEED OF ADOPTIVE HOMES?

           Children in need of adoptive homes are:

                   a.      those whose parents have voluntarily relinquished their parental authority to the                             Department of Social Welfare and Development (DSWD), and
                   b.      those whose parent’s rights and authority have been terminated by the court due                             to abandonment or neglect.

 4. WHO MAY ADOPT?

                    a.      A Filipino citizen who is at least 21 years of age and is at least 16 years older                              that the child to be adopted; in possession of full civil capacity and legal rights                              and in a position to support and care for his children legitimate or illegitimate,                              in keeping with the means of the family, is eligible to adopt.

                    b.      Any alien possessing the same qualifications as above stated for Filipino                              nationals whose home country has diplomatic relations with the Republic of the                              Philippines and who has been living in the Philippines for at least three (3)                              continuous years prior to the filing of the application for adoption and maintains                              such residence until the adoption decree is entered/finalized.

 

5. WHAT ARE THE AGENCIES WHERE ADOPTION APPLICATIONS CAN BE FILED?

                     a.  Kaisahang Buhay Foundation, Inc. (KBF)
                          #56 10th Avenue, Cubao, Quezon City
                          Telephone No.: 911-4180; 912-1159; 913-1469; 421-4075
                          TeleFax No. : 912-1160
                          E-mail : kbf@mozcom.com
                          Area of Operation: Metro Manila and Regions 3 & 4

                      b.  CHILD PLACEMENT CENTER
                           Department of Social Welfare & Development.,
                           National Capital Region,
                           #389 San Rafael Street, San Miguel, Manila
                           Tel. No.: 734-8651

                     c.  DSWD Regional Offices

                     d.  Local Government Social Welfare and Development Offices

                     e.  Regional Trial Courts

 

6. HOW LONG DOES IT TAKE TO COMPLETE THE ADOPTION?

           On the average, it takes nine months from application to finalization of adoption simulating the            normal period of pregnancy.

 


 

 SOCIO LEGAL PROCESS IN ADOPTION

STEPS

ACTIVITIES

1st

INQUIRY

                 Phone call / Letter / Office Visit
        

2nd

APPLICATION

  • Initial Interviews / Attendance to Pre-Adoption Forum
  • Submission of Application & Necessary Documents

3 rd

ADOPTION HOME STUDY (Assessment)

  • Individual and joint interview with the couple
  • Home visits / Collateral interview with relatives
  • Preparation of Home Study Report
  • Approval of the Home Study Report ( by the DSWD for Matching)

4 th

MATCHING (Assignment of Child)

  • Child Welfare Specialist Group matches a child to the Adoptive Family

5 th

PREPARATION FOR PLACEMENT

 

Social Worker

  • Shares information of child with adoptive family
  • Visits child matched
  • Prepares Pre- Adoption      Placement Authority for DSWD Approval

 

Adoptive Family

  • Accepts child
  • Visits child with social worker
  • Prepares home for the arrival        of the child     

6th

PLACEMENT (Physical Transfer of child)

  • Adoptive Family brings home their child

7 th

SIX MONTHS SUPERVISED TRIAL CUSTODY

  • Social Worker conducts bi-monthly visits, phone call, interviews;
  • monitors the child’s integration in the adoptive family; and
  • recommends for termination or finalization of the adoption
  • If recommended to finalize the adoption, the social worker now requests      for DSWD’s Consent to Adoption

8 th

FINALIZATION OF ADOPTION (Legal Proceeding)

  • Adoptive Family, thru their lawyer files the petition in court
  • Petition is assigned to a particular Branch of the Regional Trial Court            
  • Branch Court orders for Publication of petition in a local newspaper;
  • the conduct of Social Case Study Report by DSWD or KBF;
  • to notify the Office of the Solicitor General; and sets date/s of Hearing
  • If petition is granted, the Court DECISION, and CERTIFICATE of  FINALITY is issued to the family within ninety days after the hearing

9 th

ADOPTION REGISTRATION (how to secure)

  • Adoptive family presents a certified photocopy of Court Order and Certificate of Finality to Local Civil Registrar (LCR)

10 th

AMENDED BIRTH CERTIFICATE (how to secure)

  • Adoptive family presents all certified true copies of the Court Decision Certificate of Finality, Adoption Registration and copy of the child’s old  birth certificate to the LCR where child was originally registered

 

7. WHAT IS A HOME STUDY?

           It is a case study on the adoptive applicants conducted by a social worker to determine            their capabilities for adoptive parenthood. It is done through a series of planned office            interviews, home visits, observation and collateral interviews. The conduct of a home study            on the prospective adoptive family is required by law.

           During the Home Study period, the applicants are given the chance to indicate the age, sex            and general characteristics of the child they wish to adopt.

 

 8. WHAT ARE THE DOCUMENTS REQUIRED FOR ADOPION?

       APPLICANTS MUST SUBMIT THE FOLLOWING:

         a.      Birth Certificate
         b.     
Marriage Contract
         c.     
Latest Income Tax Return
         d.    
Police Clearance
         e.     
Health Certificate
         f.      
Three (3) Letters of Reference
         g.    
Affidavit of Consent of children 10 years of age  
                 and over of adoptive applicants.

         h.    
Recent picture (3 x 5)
         i.      
Psychological Evaluation, when indicated

        IN ADDITION, FOREIGN NATIONALS SHALL SUBMIT THE FOLLOWING: 

        j.      Certification that the applicants have legal capacity to adopt in his/her country and                 will allow the child adopted in the Philippines to enter his/her country and permanently                 reside therein.
        k.    
Certificate of Residence in the Philippines issued by the Bureau of Immigration or                 Department of Foreign Affairs, as appropriate;
        l.     
Two (2) character references from 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;
        m.  
 Police Clearance from all places of residence in the past two years immediately prior to                 residing

 

9.   BENEFITS

             The adoptive applicants 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-Adoption Placement Authority issued by DSWD.

 

10. What are the costs involved in adoption?

                   a.     
Lawyers’ fee  
                   b.     
Newspaper publication of the adoption petition
                   c.     
Court fees (docket fee, stenographic notes)
                   d.    
Fees for adoption registration and issuance of amended birth certificate.

 

11.  WHAT POST-ADOPTION SERVICES ARE AVAILABLE TO THE ADOPTIVE FAMILY?

              Adoption is a life-long commitment.  KBF this continues to provide social services to               adoptive families and their children beyond the point when the adoption is legally finalized,               such as counseling, parent’s group session, referrals, and consultation.



Domestic Adoption | RA8552 | Implementing Rules and Regulation