Domestic Adoption | RA8552 | Implementing Rules and Regulation
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 : email@example.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
Phone call / Letter / Office Visit
- Initial Interviews / Attendance to Pre-Adoption Forum
- Submission of Application & Necessary Documents
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)
MATCHING (Assignment of Child)
- Child Welfare Specialist Group matches a child to the Adoptive Family
PREPARATION FOR PLACEMENT
- Shares information of child with adoptive family
- Visits child matched
- Prepares Pre- Adoption Placement Authority for DSWD Approval
- Accepts child
- Visits child with social worker
- Prepares home for the arrival of the child
PLACEMENT (Physical Transfer of child)
- Adoptive Family brings home their child
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
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
ADOPTION REGISTRATION (how to secure)
- Adoptive family presents a certified photocopy of Court Order and Certificate of Finality to Local Civil Registrar (LCR)
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
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