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Republic of the Philippines Congress of the Philippines Metro Manila Fourteenth Congress Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight. Republic Act No. 9523 March 12, 2009

AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. Declaration of Policy. – It is hereby declared the policy of the State that alternative protection and assistance shall be afforded to every child who is abandoned, surrendered, or neglected. In this regard, the State shall extend such assistance in the most expeditious manner in the interest of full emotional and social development of the abandoned, surrendered, or neglected child. It is hereby recognized that administrative processes under the jurisdiction of the Department of Social Welfare and Development for the declaration of a child legally available for adoption of abandoned, surrendered, or neglected children are the most expeditious proceedings for the best interest and welfare of the child. Section. 2. Definition of Terms. – As used in this Act, the following terms shall mean: (1) Department of Social Welfare and Development (DSWD) is the agency charged to implement the provisions of this Act and shall have the sole authority to issue the certification declaring a child legally available for adoption. (2) Child refers to a person below eighteen (18) years of age or a person over eighteen (18) years of age but is unable to fully take care of him/herself or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disability or condition. (3) Abandoned Child refers to a child who has no proper parental care or guardianship, or whose parent(s) have deserted him/her for a period of at least three (3) continuous months, which includes a founding. (4) Neglected Child refers to a child whose basic needs have been deliberately unattended or inadequately attended within a period of three (3) continuous months. Neglect may occur in two (2) ways: (a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A child is unattended when left by himself/herself without proper provisions and/or without proper supervision.

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(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or made to work under conditions not conducive to good health; or is made to beg in the streets or public places; or when children are in moral danger, or exposed to gambling, prostitution, and other vices. (5) Child Legally Available for Adoption refers to a child in whose favor a certification was issued by the DSWD that he/she is legally available for adoption after the fact of abandonment or neglect has been proven through the submission of pertinent documents, or one who was voluntarily committed by his/her parent(s) or legal guardian. (6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and willingly relinquished parental authority to the DSWD or any duly accredited child-placement or child-caring agency or institution. (7) Child-caring agency or institution refers to a private non-profit or government agency duly accredited by the DSWD that provides twenty-four (24) hour residential care services for abandoned, neglected, or voluntarily committed children. (8) Child-placing agency or institution refers to a private non-profit institution or government agency duly accredited by the DWSD that receives and processes applicants to become foster or adoptive parents and facilitate placement of children eligible for foster care or adoption. (9) Petitioner refers to the head or executive director of a licensed or accredited child-caring or child-placing agency or institution managed by the government, local government unit, non-governmental organization, or provincial, city, or municipal Social Welfare Development Officer who has actual custody of the minor and who files a certification to declare such child legally available for adoption, or, if the child is under the custody of any other individual, the agency or institution does so with the consent of the child's custodian. (10) Secretary refers to the Secretary of the DSWD or his duly authorized representative. (11) Conspicuous Place shall refer to a place frequented by the public, where by notice of the petition shall be posted for information of any interested person. (12) Social Case Study Report (SCSR) shall refer to a written report of the result of an assessment conducted by a licensed social worker as to the social-cultural economic condition, psychosocial background, current functioning and facts of abandonment or neglect of the child. The report shall also state the efforts of social worker to locate the child's biological parents/relatives. Section 3. Petition. – The petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by law to administer oaths. It shall contain facts necessary to establish the merits of the petition and shall state the circumstances surrounding the abandonment or neglect of the child. The petition shall be supported by the following documents: (1) Social Case Study Report made by the DSWD, local government unit, licensed or accredited child-caring or child-placing agency or institution charged with the custody of the child; (2) Proof that efforts were made to locate the parent(s) or any known relatives of the child. The following shall be considered sufficient: (a) Written certification from a local or national radio or television station that the case was aired on three (3) different occasions;

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– Upon finding merit in the petition. otherwise the same shall be final and executory. the petition for restoration is filed within (3) months after the signing of the Deed of Voluntary Commitment. The Regional Director shall act on the same and shall render a recommendation not later than five (5) working days after the completion of its posting. 603 shall be issued by the DSWD within three (3) months following such involuntary commitment. 3 . the local civil registrar shall transmit the founding certificate to the National Statistic Office (NSO). Within seven (7) working days. and (d) Returned registered mail to the last known address of the parent(s) or known relatives. Upon petition filed with the DSWD. National Headquarters (NHQ). Section 7. the parent(s) or legal guardian who voluntarily committed a child may recover legal custody and parental authority over him/her from the agency or institution to which such child was voluntarily committed when it is shown to the satisfaction of the DSWD that the parent(s) or legal guardian is in a position to adequately provide for the needs of the child: Provided. and (4) Recent photograph of the child and photograph of the child upon abandonment or admission to the agency or institution. Social Service Division. if sufficient in form and substance and shall authorize the posting of the notice of the petition conspicuous place for five (5) consecutive days in the locality where the child was found. (c) Police report or barangay certification from the locality where the child was found or a certified copy of a tracing report issued by the Philippine National Red Cross (PNRC). Certification. if available. which states that despite due diligence. – The certification that a child is legally available for adoption shall be issued by the DSWD in lieu of a judicial order. Section 4. the Secretary shall issue a certification declaring the child legally available for adoption within seven (7) working days from receipt of the recommendation. the certification declaring the child legally available for adoption shall be issued by the Secretary within three (3) months following the filing of the Deed of Voluntary Commitment. (3) Birth certificate. Section 8. Appeal. – The petition shall be filed in the regional office of the DSWD where the child was found or abandoned. – The certificate declaring a child legally available for adoption in case of an involuntarily committed child under Article 141. Said certification. Section 5. thus making the entire process administrative in nature. Declaration of Availability for Adoption of Involuntarily Committed Child and Voluntarily Committed Child.(b) Publication in one (1) newspaper of general circulation. as signed by the parent(s) with the DSWD. The Regional Director shall examine the petition and its supporting documents. Procedure for the Filing of the Petition. 603. Declaration of Availability for Adoption. by itself shall be the sole basis for the immediate issuance by the local civil registrar of a foundling certificate. – The decision of the Secretary shall be appealable to the Court of Appeals within five (5) days from receipt of the decision by the petitioner. the child's parents could not be found. He/she shall transmit a copy of his/her recommendation and records to the Office of the Secretary within forty-eight (48) hours from the date of the recommendation. Section 6. That. if any. In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. paragraph 4(a) and Article 142 of Presidential Decree No.

letter of instruction. rule. Violation of any provision of this Act shall subject the government official or employee concerned to appropriate administrative. administrative order. civil and/or criminal sanctions. (e) and 8(a) of Republic Act No. Chapter 1 of Title VII. institution. modified or amended accordingly.) PROSPERO C. as provided in Republic Act No. two (2) representatives from licensed or accredited child-placing and child-caring agencies or institution. – The penalty of One hundred thousand pesos (P100. together with the Council for Welfare of Children. Section.) GLORIA MACAPAGAL-ARROYO President of the Philippines (Sgd. 603 and any law. Inter-Country Adoption Board. – This Act shall take effect fifteen (15) days following its complete publication in two (2) newspapers of general circulation or in the Official Gazette. Section 11. – Sections 2(c)(iii). (Sgd. Section 10. or regulation contrary to or inconsistent with the provisions of this Act are hereby reprealed. National Statistics Office and Office of the Civil Registrar. Upon effectivity of this Act and pending the completion of the drafting of the implementing rules and regulations. or agency who shall place a child for adoption without the certification that the child is legally available for adoption issued by the DSWD.00) shall be imposed on any person. Implementing Rules and Regulations. 8043. NOGRALES Speaker of the House of Representatives (Sgd. executive order.00) to Two hundred thousand pesos (P200. Effectivity. Section 13. shall be. 8043.Arellano Law Foundation 4 .000. 2009 (Sgd. petitions for the issuance of a certification declaring a child legally available for adoption may be filled with the regional office of the DSWD where the child was found or abandoned. Section 12.) MARILYN B.The certification. 2009. and VIII of Presidential Decree No. – The DSWD. the other provisions not affected thereby shall remain valid and subsisting.) EMMA LIRIO-REYES Secretary of Senate The Lawphil Project . 10 was finally passed by the Senate and the House of Representatives December 17. Repealing Clause. (Sgd. 2391 and House Bill No. 3(b). Section 3(f) of Republic Act No.) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No.000. Separability Clause. Any agency or institution found violating any provision of this Act shall have its license to operate revoked without prejudice to the criminal prosecution of its officers and employees. presidential decree. for all intents and purposes. Approved. 9. including suspension and/or dismissal from the government service and forfeiture of benefits. BARUA-YAP Secretary General House of Representives Approved: MAR 12. Penalty. the primary evidence that the child is legally available in a domestic adoption proceeding. as provided in Republic Act No. is hereby tasked to draft the implementing rules and regulations of this Act within sixty (60) days following its complete publication. 8552 and in an inter-country adoption proceeding. 8552. – If any provision of this Act is held invalid or unconstitutional.

Toward this end. or abandoned. (c) It shall also be a State policy to: (i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her parental authority over his/her child. which entity shall be authorized to take steps for the permanent placement of the child. Only when such efforts prove insufficient and no appropriate placement or adoption within the child's extended family is available shall adoption by an unrelated person be considered. Short Title. his/her interest shall be the paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention on the Rights of the Child. care. process domestic adoption applications. – (a) It is hereby declared the policy of the State to ensure that every child remains under the care and custody of his/her parent(s) and be provided with love." Section 2. and the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. orphaned. and 5 . Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as "legally available for adoption" and his/her custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency. understanding and security towards the full and harmonious development of his/her personality. the State shall provide alternative protection and assistance through foster care or adoption for every child who is neglected. Nationally and Internationally. (iv) Conduct public information and educational campaigns to promote a positive environment for adoption.Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress Republic Act No. (v) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries. custody and adoption of a child. (b) In all matters relating to the care. UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption. 1998 AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: ARTICLE I GENERAL PROVISIONS Section 1. 8552 February 25. (ii) Prevent the child from unnecessary separation from his/her biological parent(s). – This Act shall be known as the "Domestic Adoption Act of 1998. Declaration of Policies. (iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody over his/her adopted child.

(h) "Child-placing agency" is a duly licensed and accredited agency by the Department to provide comprehensive child welfare services including. (d) "Involuntarily committed child" is one whose parent(s). 6 . (i) "Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty four (24)-hour residential care services for abandoned. and (vi) Encourage domestic adoption so as to preserve the child's identity and culture in his/her native land. (e) "Abandoned child" refers to one who has no proper parental care or 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. (c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes parental authority to the Department. Section 3. continuous. or voluntarily committed children. orphaned.offer adoption-related services including. (f) "Supervised trial custody" is a period of time within which a social worker oversees the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship. – The Department shall provide the services of licensed social workers to the following: (a) Biological Parent(s) – Counseling shall be provided to the parent(s) before and after the birth of his/her child. but not limited to. A period of six (6) months shall be allowed for the biological parent(s) to reconsider any decision to relinquish his/her child for adoption before the decision becomes irrevocable. Counseling Service. known or unknown. evaluating the prospective adoptive parents. Counseling and rehabilitation services shall also be offered to the biological parent(s) after he/she has relinquished his/her child for adoption. Definition of Terms. and preparing the adoption home study. abuse. or repeated neglect. freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption. but not limited to. ARTICLE II PRE-ADOPTION SERVICES Section 4. neglected. (b) "A child legally available for adoption" refers to a child who has been voluntarily or involuntarily committed to the Department or to a duly licensed and accredited childplacing or child-caring agency. – For purposes of this Act. parent preparation and post-adoption education and counseling. receiving applications for adoption. the following terms shall be defined as: (a) "Child" is a person below eighteen (18) years of age. causing such child to lose his/her true identity and status. No binding commitment to an adoption plan shall be permitted before the birth of his/her child. has been permanently and judicially deprived of parental authority due to abandonment. substantial. and only when this is not available shall intercountry adoption be considered as a last resort. (j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her biological mother. (g) "Department" refers to the Department of Social Welfare and Development. or incompetence to discharge parental responsibilities.

Location of Unknown Parent(s). among others.Steps shall be taken by the Department to ensure that no hurried decisions are made and all alternatives for the child's future and the implications of each alternative have been provided. (b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided. the above mentioned services. and who is in a position to support and care for his/her children in keeping with the means of the family. Who May Adopt. Support Services. ARTICLE III ELIGIBILITY Section 7. (b) Prospective Adoptive Parent(s) – Counseling sessions. of good moral character. at least sixteen (16) years older than the adoptee. – It shall be the duty of the Department or the child-placing or child-caring agency which has custody of the child to exert all efforts to locate his/her unknown biological parent(s). in possession of full civil capacity and legal rights. and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided. adoption fora and seminars. or (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee. (c) Prospective Adoptee – Counseling sessions shall be provided to ensure that he/she understands the nature and effects of adoption and is able to express his/her views on adoption in accordance with his/her age and level of maturity. emotionally and psychologically capable of caring for children. or (ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse. has not been convicted of any crime involving moral turpitude. – The following may adopt: (a) Any Filipino citizen of legal age. Section 5. the child shall be registered as a foundling and subsequently be the subject of legal proceedings where he/she shall be declared abandoned. among others. that he/she 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. Husband and wife shall jointly adopt. If such efforts fail. or is the spouse of the adoptee's parent. or 7 . That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: (i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity. Section 6. shall be provided to prospective adoptive parent(s) to resolve possible adoption issues and to prepare him/her for effective parenting. – The Department shall develop a pre-adoption program which shall include. except in the following cases: (i) if one spouse seeks to adopt the legitimate son/daughter of the other. that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country. Further. or (c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. That his/her country has diplomatic relations with the Republic of the Philippines.

– In all proceedings for adoption.(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided. (b) The legitimate son/daughter of one spouse by the other spouse. ARTICLE IV PROCEDURE Section 10. ten (10) years of age or over. and has submitted the report and recommendations on the matter to the court hearing such petition. (d) The illegitimate sons/daughters. his/her biological parent(s). of the person adopting or to be adopted. In case husband and wife jointly adopt. (d) A person of legal age if. ten (10) years of age or over. or (iii) if the spouses are legally separated from each other. the written consent of the following to the adoption is hereby required: (a) The adoptee. of the adopter if living with said adopter and the latter's spouse. the concerned social worker shall confirm with the Civil Registry the real identity and registered name of the adoptee. of the adopter(s) and adoptee. – The following may be adopted: (a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption. (b) The biological parent(s) of the child. (e) A child whose adoption has been previously rescinded. Case Study. and (e) The spouse. – No petition for adoption shall be set for hearing unless a licensed social worker of the Department. Who May Be Adopted. However. if any. (c) The legitimate and adopted sons/daughters. joint parental authority shall be exercised by the spouses. or the proper government instrumentality which has legal custody of the child. or (f) A child whose biological or adoptive parent(s) has died: Provided. if ten (10) years of age or over. Section 9. if known. Section 8. or one spouse adopts the illegitimate son/daughter of the other. said person has been consistently considered and treated by the adopter(s) as his/her own child since minority. Whose Consent is Necessary to the Adoption. prior to the adoption. Hurried Decisions. if any. if any. At the time of preparation of the adoptee's case study. That no proceedings shall be initiated within six (6) months from the time of death of said parent(s). the court shall require proof that the biological parent(s) has been properly counseled to prevent him/her from making hurried decisions caused by strain or anxiety to give up the child. Section 11. or the legal guardian. as well as the adopter(s). (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy. and to sustain that all measures to strengthen the family have been exhausted and that any prolonged stay of the child in his/her own home will be inimical to his/her welfare and interest. the social service office of the local government unit. that the other spouse has signified his/her consent thereto. If the 8 . or any child-placing or child-caring agency has made a case study of the adoptee. – After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption.

trial custody report and the evidence submitted. The court may motu proprio or upon motion of any party reduce the trial period if it finds the same to be in the best interest of the adoptee. However. The Department shall intervene on behalf of the adoptee if it finds. it shall be the responsibility of the concerned social worker to ensure that the adoptee is registered. This provision shall also apply in case the petitioner(s) dies before the issuance of the decree of adoption to protect the interest of the adoptee. Confidential Nature of Proceedings and Records. the Department. the court may merit the necessary information to be released. temporary parental authority shall be vested in the adopter(s). Decree of Adoption. During said period. 7 (b) (i) (ii) (iii). Civil Registry Record. that the petition should be denied. after the conduct of the case studies. for alien adopter(s).birth of the adoptee was not registered with the Civil Registry. restricting the purposes for which it may be used. and after consideration of the case studies. after the publication of the order of hearing has been complied with. – All hearings in adoption cases shall be confidential and shall not be open to the public. – No petition for adoption shall be finally granted until the adopter(s) has been given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. the qualifications of the adopter(s). If the child is below seven (7) years of age and is placed with the prospective adopter(s) through a pre-adoption placement authority issued by the Department. The case studies and other relevant documents and records pertaining to the adoptee and the adoption shall be preserved by the Department. and papers relating to the adoption cases in the files of the court. The decree shall state the name by which the child is to be known. The new birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue. Further. stating the reasons for the reduction of the period. and that the adoption would redound to the best interest of the adoptee. the prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the date the adoptee is placed with the prospective adopter(s). The case study on the adoptee shall establish that he/she is legally available for adoption and that the documents to support this fact are valid and authentic. or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential. The original certificate of birth shall be stamped "cancelled" with the annotation of the issuance of an amended birth certificate in its place and shall be sealed in the civil registry records. as required by the Rules of Court. attesting to the fact that the adoptee is the child of the adopter(s) by being registered with his/her surname. he/she must complete the six (6)-month trial custody except for those enumerated in Sec. Section 12. the court is convinced that the petitioners are qualified to adopt. the case study of the adopter(s) shall ascertain his/her genuine intentions and that the adoption is in the best interest of the child. Section 15. and no opposition has been interposed to the petition. ARTICLE V EFFECTS OF ADOPTION 9 . books. Section 14. a decree of adoption shall be entered which shall be effective as of the date the original petition was filed. All records. Supervised Trial Custody. Section 13. – If. – An amended certificate of birth shall be issued by the Civil Registry. If the court finds that the disclosure of the information to a third person is necessary for purposes connected with or arising out of the adoption and will be for the best interest of the adoptee.

or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated. ARTICLE VII VIOLATIONS AND PENALTIES Section 21. – The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished. – Except in cases where the biological parent is the spouse of the adopter. guidance. – (a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand pesos (P50. The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate. the adoption may be rescinded on any of the following grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling. the adoptee is entitled to love. Succession rights shall revert to its status prior to adoption. – In legal and intestate succession. Succession.00) at the discretion of the court shall be imposed on any person who shall commit any of the following acts: (i) obtaining consent for an adoption through coercion. undue influence. Vested rights acquired prior to judicial rescission shall be respected. (c) sexual assault or violence. with the assistance of the Department if a minor or if over eighteen (18) years of age but is incapacitated. or (d) abandonment and failure to comply with parental obligations. Section 18. but not more than Two hundred thousand pesos (P200. Legitimacy. improper material inducement.00). Section 20. but only as of the date of judgment of judicial rescission. all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s). Section 17. ARTICLE VI RESCISSION OF ADOPTION Section 19. if the adoptee and his/her biological parent(s) had left a will. shall not be subject to rescission by the adopter(s). abuse. (b) attempt on the life of the adoptee. Effects of Rescission. or (iii) subjecting or exposing the child to be adopted to danger. However. the law on testamentary succession shall govern. being in the best interest of the child. and support in keeping with the means of the family. Grounds for Rescission of Adoption.000. – Upon petition of the adoptee. – If the petition is granted. fraud. To this end. if known. (ii) non-compliance with the procedures and safeguards provided by the law for adoption. or other similar acts. the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. Adoption. Violations and Penalties. 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. or exploitation.Section 16.000. the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code. However. Parental Authority. 10 . the parental authority of the adoptee's biological parent(s). as guardian/counsel.

he/she shall be deported immediately after service of sentence and perpetually excluded from entry to the country. finally.000. Penalties as are herein provided. or who shall conspire with private individuals shall. The office shall be manned by adoption experts from the public and private sectors. be penalized in accordance with existing civil service laws. number. – A person who has. and proclamations. either administrative or criminal. That upon the filing of a case. when committed by a syndicate or where it involves two (2) or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua.00) but not more than Ten thousand pesos (P10.(b) Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of birth. Any government official. Section 22. the Office of Civil Registry General. That the application for correction of the birth registration and petition for adoption shall be filed within five (5) years from the effectivity of this Act and completed thereafter: Provided. Rectification of Simulated Births.00).00). (d) generate resources to help child-caring and child-placing agencies and foster homes maintain viability. employee or functionary who shall be found guilty of violating any of the provisions of this Act.000. and flow of children legally available for adoption and prospective adopter(s) so as to facilitate their matching. When the offender is an alien. – Within six (6) months from the promulgation of this Act. at the discretion of the court. and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years. Office of the Solicitor General. employee. Section 24. further. Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article. executive orders. or functionary concerned shall automatically suffer suspension until the resolution of the case. 11 . That such person complies with the procedure as specified in Article IV of this Act and other requirements as determined by the Department. cases. Any physician or nurse or hospital personnel who.000. (c) keep records of adoption proceedings. and/or a fine of not less than Five thousand pesos (P5. rules and regulations: Provided. prior to the effectivity of this Act. Adoption Resource and Referral Office. and shall be punished by prision mayor in its medium period and a fine not exceeding Fifty thousand pesos (P50. shall cooperate in the execution of the abovementioned crime shall suffer the penalties herein prescribed and also the penalty of permanent disqualification. (b) maintain a nationwide information and educational campaign on domestic adoption. and (e) do policy research in collaboration with the Intercountry Adoption Board and other concerned agencies. with the Council for the Welfare of Children. documents. – There shall be established an Adoption Resources and Referral Office under the Department with the following functions: (a) monitor the existence. 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. in violation of his/her oath of office. Implementing Rules and Regulations. That the simulation of birth was made for the best interest of the child and that he/she has been consistently considered and treated by that person as his/her own son/daughter: Provided. Any person who shall violate established regulations relating to the confidentiality and integrity of records. the Department. ARTICLE VIII FINAL PROVISIONS Section 23. said government official. the Department of Justice. Acts punishable under this Article. shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws. in addition to the above-prescribed penalties. ordinances. and communications of adoption applications. simulated the birth of a child shall not be punished for such act: Provided.

– Any law. However. 2. Towards this end. – If any provision of this Act is held invalid or unconstitutional. Repealing Clause." Sec. Short Title. the term: (a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed. 1998 The Lawphil Project . recognizing that inter-country adoption may be considered as allowing aliens not presently allowed by law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens or aliens. Section 25. letter of instruction. and shall serve and protect his/her fundamental rights. executive order. ARTICLE I GENERAL PROVISIONS Section 1. Separability Clause. 3. the supervised trial custody is undertaken. Section 26. — This Act shall be known as the "Inter-Country Adoption Act of 1995. Definition of Terms. the State shall take measures to ensure that inter-country adoptions are allowed when the same shall prove beneficial to the child's best interests. or inconsistent with the provisions of this Act is hereby repealed. Approved: February 25.chan robles virtual law library Sec. efforts shall be exerted to place the child with an adoptive family in the Philippines. rule. Effectivity Clause. Section 28. the other provisions not affected thereby shall remain valid and subsisting.and two (2) private individuals representing child-placing and child-caring agencies shall formulate the necessary guidelines to make the provisions of this Act operative. or regulation contrary to. presidential decree or issuance. modified. Declaration of Policy. — As used in this Act. 8043 AN ACT ESTABLISHING THE RULES TO GOVERN INTERCOUNTRY ADOPTION OF FILIPINO CHILDREN.Arellano Law Foundation REPUBLIC ACT NO. administrative order. Appropriations. Section 27. — It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will provide such child with love and care as well as opportunities for growth and development. and the decree of 12 . AND FOR OTHER PURPOSES. or amended accordingly. – Such sum as may be necessary for the implementation of the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. – This Act shall take effect fifteen (15) days following its complete publication in any newspaper of general circulation or in the Official Gazette.

(b) Child means a person below fifteen (15) years of age unless sooner emancipated by law. (g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship. (h) Board refers to the Inter-country Adoption Board. as well as non-governmental organizations engaged in child-care and placement activities. ARTICLE II THE INTER-COUNTRY ADOPTION BOARD Sec. chan robles virtu al la w library (b) Collect. the different child-care and placement agencies. hereinafter referred to as the Board to act as the central authority in matters relating to inter-country adoption. — There is hereby created the Inter-Country Adoption Board. adoptive agencies. (c) Monitor. (d) Prevent improper financial or other gain in connection with an adoption and deter improper practices contrary to this Act. and facilitate completion of adoption of the child through authorized and accredited agency. (e) Promote the development of adoption services including post-legal adoption. trafficking and/or sale or any other practice in connection with adoption which is harmful. follow up. maintain.adoption chan robles virtu al la w library is issued outside the Philippines. The Inter-Country Adoption Board. (e) Authorized and accredited agency refers to the State welfare agency or a licensed adoption agency in the country of the adopting parents which provide comprehensive social services and which is duly recognized by the Department. and preserve confidential information about the child and the adoptive parents. it shall: (a) Protect the Filipino child from abuse. As such. (g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own country. exploitation. and 13 . in accordance with the Child and Youth Welfare Code. (f) Legally-free child means a child who has been voluntarily or involuntarily committed to the Department. (d) Secretary refers to the Secretary of the Department of Social Welfare and Development. in consultation and coordination with the Department. detrimental. 4. It shall act as the policy-making body for purposes of carrying out the provisions of this Act. (c) Department refers to the Department of Social Welfare and Development of the Republic of the Philippines. or prejudicial to the child. (f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino children.

5. (h) to promote the development of adoption services. after consultation and upon favorable recommendation of the different agencies concerned with the child-caring. (c) to set the guidelines for the manner by which selection/matching of prospective adoptive parents and adoptive child can be made. and six (6) other members to be appointed by the President for a nonrenewable term of six (6) years:Provided. (d) to determine a reasonable schedule of fees and charges to be exacted in connection with the application for adoption. (e) to determine the form and contents of the application for inter-country adoption. — The Board shall be composed of the Secretary of the Department as ex officio Chairman. including post-legal adoption services. — The Board shall have the following powers and functions: chanroblesvirtualaw library (a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act. chan robles virtu al la w library (b) to set the guidelines for the convening of an Intercountry Adoption Placement Committee which shall be under the direct supervision of the Board. Powers and Functions of the Board. 6. placement. one (1) registered social worker and two (2) representatives from non-governmental organizations engaged in child-caring and placement activities. The members of the Board shall receive a per diem allowance of One thousand five hundred pesos (P1. Sec.(h) Cancel the license to operate and blacklist the childcaring and placement agency or adoptive agency involved from the accreditation list of the Board upon a finding of violation of any provision under this Act. Composition of the Board. competence and have consistently pursued non-profit 14 . further. two (2) lawyers who shall have at least the qualifications of a regional trial court judge. (i) to accredit and authorize foreign private adoption agencies which have demonstrated professionalism. (g) to institute systems and procedures to prevent improper financial gain in connection with adoption and deter improper practices which are contrary to this Act. That there shall be appointed one (1) psychiatrist or psychologist.chan robles virtual law library chan robles virtu al la w library Sec. and adoption. That no compensation shall be paid for more than four (4) meetings a month.500) for each meeting attended by them:Provided.

(j) to take appropriate measures to ensure confidentiality of the records of the child. ARTICLE III PROCEDURE Sec. and 15 of . — The Board shall ensure that all possibilities for adoption of the child under the Family Code have been exhausted and that inter-country adoption is in the best interest of the child. In order that such child may be considered for placement. (e)Psychological evaluation. the natural parents and the adoptive parents at all times. and thereafter. That the total number of authorized and accredited foreign private adoption agencies shall not exceed one hundred (100) a year. (c)Deed of voluntary commitment/decree abandonment/death certificate of parents. however. — Only a legally free child may be the subject of inter-country adoption. the Board shall set up the guidelines to ensure that steps will be taken to place the child in the Philippines before the child is placed for intercountry adoption: Provided. 8. entered into. international organizations and recognized international non-governmental organizations. Towards this end. (l) to assist other concerned agencies and the courts in the implementation of this Act. (k) to prepare. agencies and other entities involved in the process of adoption and the physical transfer of the child. recommend to the Department of Foreign Affairs. 7. however. (d)Medical evaluation /history. as necessary. particularly as regards coordination with foreign persons. between and among foreign governments. and (m) to perform such other functions on matters relating to inter-country adoption as may be determined by the President. Inter-Country Adoption as the Last Resort. That such foreign private agencies are duly authorized and accredited by their own government to conduct inter-country adoption:Provided. the following documents must be submitted to the Board: (a)Child study. review or modify. Memoranda of Agreement respecting inter-country adoption consistent with the implementation of this Act and its stated goals.chan robles virtual law library Sec. That the maximum number that may be allowed for foreign adoption shall not exceed six hundred (600) a year for the first five (5) years.objectives to engage in the placement of Filipino children in their own country: Provided. chan robles virtu al la w library (b)Birth certificate/foundling certificate. Who May be Adopted.

chan robles virtual law library (e) is eligible to adopt under his/her national law. 9. and has undergone the appropriate counseling from an accredited counselor in his/her country. at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent: chanroblesvirtualaw library chan robles virtu al la w library (b) if married. and to abide by the rules and regulations issued to implement the provisions of this Act. or with the Board. and (i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws.N. Sec. (f) is in a position to provide the proper care and support and to give the necessary moral values and example to all his children. 10. — An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she: chanroblesvirtualaw library (a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted. in the country of the prospective adoptive parents. (g) agrees to uphold the basic rights of the child as embodied under Philippine laws. (h) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national laws.(f)Recent photo of the child. (c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws. Sec. 16 . the U. whether governmental or an authorized and accredited agency. which application shall be in accordance with the requirements as set forth in the implementing rules and regulations to be promulgated by the Board. The application shall be supported by the following documents written and officially translated in English. Who May Adopt. Convention on the Rights of the Child. (d) has not been convicted of a crime involving moral turpitude. — An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court having jurisdiction over the child. his/her spouse must jointly file for the adoption. through an intermediate agency. Where to File Application. including the child to be adopted.

11. 12. Charges and Assessments. (e) Income tax returns or any document showing the financial capability of the applicant(s). with the copy of the minutes of the meetings. chan robles virtu al la w library Sec. including all travel expenses within the Philippines and abroad. — Fees. — No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally.chan robles virtual law library Sec. in the form of sworn statement. charges. The clearance. as issued by the Board. — The applicant(s) shall bear the following costs incidental to the placement of the child. (g) Character reference from the local church/minister. and other related expenses. The Rules of Court shall apply in case of adoption by judicial proceedings. Pre-adoptive Placement Costs. if married. the applicant's employer and a member of the immediate community who have known the applicant(s) for at least five (5) years. Sec. medical examination and psychological evaluation required. (c) Written consent of their biological or adoptive children above ten (10) years of age. shall personally fetch the child in the Philippines. medical and psychological evaluation by a duly licensed physician and psychologist. chan robles virtu al la w library (b) Marriage contract. and (h) Recent postcard-size pictures of the applicant(s) and his immediate family. and assessments collected by the Board in the exercise of its 17 . if applicable.(a) Birth certificate of applicant(s). or any one of them. visa. Family Selection/Matching. and divorce decree. When the Board is ready to transmit the Placement Authority to the authorized and accredited inter-country adoption agency and all the travel documents of the child are ready. Fees. (f) Police clearance of applicant(s). the adoptive parents. (a) The cost of bringing the child from the Philippines to the residence of the applicant(s) abroad. and chan robles virtu al la w library (b) The cost of passport. shall form part of the records of the child to be adopted. (d) Physical. 13.

chan robles virtual law library During the trial custody. Supervision of Trial Custody. The progress report shall be taken into consideration in deciding whether or not to issue the decree of adoption. The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial custody are monitored and checked as reported by the authorized and accredited inter-country adoption agency as well as the repatriation to the Philippines of a Filipino child whose adoption has not been approved. but not more than Two hundred thousand pesos (P200. which shall in turn transmit a copy to the Board. Sec. It shall also provide family counseling and other related services. For purposes of this Act. the adopting parent(s) shall submit to the governmental agency or the authorized and accredited agency. in violation of the provisions of this Act.functions shall be used solely to process applications for inter-country adoption and to support the activities of the Board. an adoption is illegal if it is effected in any manner contrary to the provisions of this Act or established State policies. 14. shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies to ensure the legitimate concurrence of said countries in upholding the safeguards provided by this Act. 15. chan robles virtu al la w library Sec. at the discretion of the court.000). ARTICLE IV PENALTIES Sec.000). Executive Agreements. Penalties. executive agreements. — (a) Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption. a progress report of the child's adjustment. its implementing rules and regulations. — The Department of Foreign Affairs. The trial custody shall be for a period of six (6) months from the time of placement. 18 . 16. — The governmental agency or the authorized and accredited agency in the country of the adoptive parents which filed the application for inter-country adoption shall be responsible for the trial custody and the care of the child. upon representation of the Board. Only after the lapse of the period of trial custody shall a decree of adoption be issued in the said country a copy of which shall be sent to the Board to form part of the records of the child. shall be punished with a penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine of not less than Fifty thousand pesos (P50.

and (4)the child to be adopted is subjected to. abuse and exploitation.chan robles virtual law library Sec. executive orders. said government official. and proclamations. employee or functionary concerned shall automatically suffer suspension until the resolution of the case. — Any government official. at the discretion of the court. improper material inducement. be penalized in accordance with existing civil service laws.000). or attended by coercion. chan robles virtu al la w library A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated. cases and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years. Acts punishable under this Article. employee or functionary who shall be found guilty of violating any of the provisions of this Act. and/or a fine of not less than Five thousand pesos (P5. Illegality may be presumed from the following acts: (1)consent for an adoption was acquired through. (3)the procedures and safeguards placed under the law for adoption were not complied with.Penalties as are herein provided shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws. ordinances.000). (b)Any person who shall violate established regulations relating to the confidentiality and integrity of records. or exposed to danger. That upon the filing of a case. Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article. documents and communications of adoption applications.and other laws pertaining to adoption. rules and regulations: Provided. or who shall conspire with private individuals shall. either administrative or criminal. Public Officers as Offenders. chan robles virtu al la w library (2)there is no authority from the Board to effect adoption. but not more than Ten thousand pesos (P10. in addition to the above-prescribed penalties. when committed by a syndicate or where it involves two or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua. fraud. 17. 19 .

administrative order or rules and regulations contrary to. Repealing Clause. or inconsistent with the provisions of this Act are hereby repealed.ARTICLE V FINAL PROVISIONS Sec. — This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation. 1995 . in coordination with the Council for the Welfare of Children. — The Intercountry Adoption Board. 20.000) is hereby appropriated from the proceeds of the Lotto for the initial operations of the Board and subsequently the appropriations of the same shall be included in the General Appropriations Act for the year following its enactment. after due consultation with agencies involved in child-care and placement. Sec. 19. Implementing Rules and Regulations. Appropriations. — Any law. or part hereof is held invalid or unconstitutional. modified or amended accordingly. Separability Clause. the Department of Foreign Affairs. 22. Effectivity Clause. Sec. the remainder of the law or the provision not otherwise affected. Approved: June 7. decree. shall promulgate the necessary rules and regulations to implement the provisions of this Act within six (6) months after its effectivity. 21. 18. shall remain valid and subsisting. 20 .chan robles virtual law library Sec. — The amount of Five million pesos (P5. Sec. — If any provision. and the Department of Justice. executive order.000.

– This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation. Section 3. Repealing Clause. The annulment of a voidable marriage shall not affect the legitimation. may be legitimated. Effectivity Clause. BARUA-YAP Secretary General House of Representaives 21 . the Department of Foreign Affairs (DFA). 178. Implementing Rules. Children conceived and born outside of wedlock of parents who. Section 4. the Philippine Association of Civil Registrars (PACR) and the UP Law Center. AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES. the Department of Justice (DOJ). Legitimation shall take place by a subsequent valid marriage between parents. were not disqualified by any impediment to marry each other. 209. NOGRALES Speaker of the House of Representatives This Act which is a consolidation of House Bill No. modified. AS AMENDED Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. the Council for the Welfare of Children. otherwise known as the "Family Code of the Philippines". Approved. the office of the Supreme Court Administrator. on Monday." Section 2. REPUBLIC ACT. JUAN PONCE ENRILE President of the Senate PROSPERO C. 177. 9858 AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE. 5279 and Senate Bill No. issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity. Article 177 of Executive Order No. – The civil Registrar General shall. at the time of conception of the former. as amended. NO.Republic of the Philippines Congress of the Philippines Metro Manila Fourteenth Congress Third Regular Session Begun and held in Metro Manila. presidential decrees." "Art. proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended. or were so disqualified only because either or both of them were below eighteen (18) years of age. superseded or repealed accordingly. Women and Family Relations of the Senate. 3111 was finally passed by the House of Representatives and the Senate on October 13. the twenty-seventh day of July. in consultation with the chairpersons of the Committee on Revision of Laws of the House of Representatives and the Committee on Youth. two thousand nine. – All laws. executive orders. is hereby further amended to read as follows: "Art. EMMA LIRIO-REYES Secretary of the Senate MARILYN B. 2009.

a child will benefit more from foster care than institutional care. – Article XV of the Constitution provides that the State shall defend the right of children to assistance.Approved: DEC 20. the twenty-fifth day of July." Section 2. the State shall systematize and enhance the foster care program in the country. as amended. two thousand eleven. Declaration of Policy. 2009 GLORIA MACAPAGAL–ARROYO President of the Philippines The Lawphil Project . – For purposes of this Act. Definition of Terms. It is hereby declared the policy of the State to provide every child who is neglected. Section 3. abused. under sociocultural difficulties.Arellano Law Foundation Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila Fifteenth Congress Second Regular Session Begun and held in Metro Manila. and special protection from all forms of neglect. REPUBLIC ACT NO. the State recognizes that foster care is an important step towards the child’s return and reintegration to his biological parents or placement with an adoptive family. on Monday. abuse. dependent. 2012 AN ACT TO STRENGTHEN AND PROPAGATE FOSTER CARE AND TO PROVIDE FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I GENERAL PROVISIONS Section 1. Further to this end. or with special needs with an alternative family that will provide love and care as well as opportunities for growth and development. and the rights found under Article 20 of the United Nations Convention on the Rights of the Child shall be observed. The State shall also protect the rights of the biological child of the foster family and ensure that in no case shall the child be disadvantaged as a result of the placement of a foster child. 10165 June 11. cruelty. the child’s right to health shall be upheld and protected. Towards this end. It shall ensure that the foster family shall provide a wholesome atmosphere to the foster child. – This Act shall be known as the "Foster Care Act of 2012. the following terms are defined: 22 . abandoned. Title. exploitation or other conditions prejudicial to their development. 603. including proper care and nutrition. In all cases. otherwise known as "The Child and Youth Welfare Code". surrendered. The State shall guarantee that all the lights of the child enumerated under Article 3 of Presidential Decree No. The State recognizes that in most cases.

(g) Foster Child refers to a child placed under foster care. (m) Parent refers to the biological or adoptive parent or legal guardian of a child. (l) Matching refers to the judicious pairing of a child with foster parent and family members based on the capacity and commitment of the foster parent to meet the individual needs of the particular child and the capacity of the child to benefit from the placement. (n) Placement refers to the physical transfer of the child with the foster parent. Who May Be Placed Under Foster Care. (b) A child who is a victim of sexual. exploitation or discrimination because of a physical or mental disability or condition. (o) Relatives refer to the relatives of a child.(a) Agency refers to any child-caring or child-placing institution licensed and accredited by the Department of Social Welfare and Development (DSWD) to implement the foster care program. (p) Social Worker refers to the registered and licensed social worker of the DSWD. (i) Foster Parent refers to a person. duly licensed by the DSWD. of the child. (h) Foster Family Care License refers to the document issued by the DSWD authorizing the foster parent to provide foster care. within the fourth degree of consanguinity or affinity. or one who is over eighteen (18) but is unable to fully take care of or protect oneself from abuse. (k) Home Study Report refers to a written report prepared by a social worker containing the necessary information on a prospective parent or family member. (j) Foster Placement Authority (FPA) refers to the document issued by the DSWD authorizing the placement of a particular child with the foster parent. physical. to provide foster care. surrendered. – The following may be placed in foster care: (a) A child who is abandoned. 23 . neglected. dependent or orphaned. (c) Child Case Study Report refers to a written report prepared by a social worker containing all the necessary information about a child. local government unit (LGU) or agency. other than family members. or any other form of abuse or exploitation. neglect. (b) Child refers to a person below eighteen (18) years of age. (f) Foster Care refers to the provision of planned temporary substitute parental care to a child by a foster parent. (e) Family refers to the parents or brothers and sisters. ARTICLE II ELIGIBILITY Section 4. cruelty. whether of the full or halfblood. (d) Child with Special Needs refers to a child with developmental or physical disability.

(d) A child whose family members are temporarily or permanently unable or unwilling to provide the child with adequate care. (c). (f) Must be physically and mentally capable and emotionally mature. but not limited to. further. and (j). the relatives of the child shall be given priority. and (j) A child who is in need of special protection as assessed by a social worker. (b) Must be at least sixteen (16) years older than the child unless the foster parent is a relative. That in the case of (b). Section 5. so long as they meet the above qualifications: Provided. Who May Be a Foster Parent.(c) A child with special needs. a street child. (h) A child who is under socially difficult circumstances such as. (c) Must have a genuine interest. Provided. (i) A child who committed a minor offense but is released on recognizance. (i). ARTICLE III PARENTAL AUTHORITY OF FOSTER PARENTS 24 . capacity and commitment in parenting and is able to provide a familial atmosphere for the child. as may be provided in the implementing rules and regulations (IRR) of this Act. That an alien possessing the above qualifications and who has resided in the Philippines for at least twelve (12) continuous months and maintains such residence until the termination of placement by the DSWD or expiration of the foster family license. attitudes and skills in caring for a child. and (i) Must not already have the maximum number of children under his foster care at the time of application or award. or who is in custody supervision or whose case is dismissed. may qualify as a foster parent. (e) A child awaiting adoptive placement and who would have to be prepared for family life. – An applicant who meets all of the following qualifications may be a foster parent: (a) Must be of legal age. a child in armed conflict or a victim of child labor or trafficking. an agency or the DSWD. (d) Must have a healthy and harmonious relationship with each family member living with him or her. (f) A child who needs long-term care and close family ties but who cannot be placed for domestic adoption. (f). (h) Must be willing to further hone or be trained on knowledge. the child must have no family willing and capable of caring and providing for him. (h). (g) A child whose adoption has been disrupted. (g) Must have sufficient resources to be able to provide for the family’s needs. (e) Must be of good moral character. That in determining who is the best suited foster parent. Provided.

Matching. Parental Authority of a Foster Parent. the social worker shall conduct regular home visits to monitor the child’s adjustment in the foster home and shall submit progress reports to the DSWD. ARTICLE IV PROCEDURE Section 8. – Foster parents shall only have the rights of a person with special parental authority to discipline the foster children as defined under Section 233 of the Family Code. Section 13.Section 6. carried out in a series of planned visits and interviews. During the foster placement. – Termination of placement shall be done by the DSWD. In case of incident. upon recommendation of the agency. Issuance of License. taking into consideration the best interests of the child. injury or death of a foster child. duties and liabilities of persons exercising substitute parental authority. Limitations on Parental Authority of Foster Parents. Section 10. such case shall be reported immediately to the agency. save for exceptions to be determined by the DSWD. Termination of Placement. The child case study report shall establish the needs of the child for consideration in the selection of the foster parent. – Foster parents shall have the rights. insofar as it prohibits the infliction of corporal punishment upon the child. – Matching shall be done by the agency only after the child case study and the home study have been conducted. Section 12. Section 11. (d) Death of both foster parents. The license is renewable every three (3) years unless earlier revoked by the DSWD. capacities and potentials for development of applicants. – To recruit applications for foster care. Placement. – The DSWD shall issue a Foster Family Care License based on the Home Study Report submitted by the agency to determine the motivations. save for exceptions to be determined by the DSWD. in order to determine if the applicant meets the basic requirements for foster care and is suitable to become a foster parent. Section 9. Section 14. or if he runs away or gets lost. (c) Death of the child. Recruitment and Development of Foster Parents. the Home Study Report shall establish said foster parent’s capacity and resources to provide a safe. which. as may be provided under the Family Code over the children under their foster care. Submission of Home Study Report. taking into consideration the best interest of the child. – Supervised foster placement begins as soon as the foster parent receives the child into his care. the DSWD shall reach out to various communities and LGUs and work preferably with the Local Council for the Protection of Children (LCPC). Likewise. (b) Placement for adoption of the child. on the following grounds: (a) Return of the child to biological parents. – The physical transfer of the child to the foster parent shall be allowed only after the FPA has been issued. Supervision of Foster Placement. in turn. and 25 . Section 7. (e) Expiration of the FPA. secure and losing home to the child. – The social worker shall make a detailed Home Study Report of an applicant’s background and circumstances. shall immediately report the same to the DSWD.

if ten (10) years of age or over. but not limited to. That in the case of (f). to determine whether it is in the best interest of the child to continue living in the foster home on a long-term basis. and (d) Aside from the regular monitoring visits. ARTICLE V LONG-TERM FOSTER PLACEMENT Section 15. Long-Term Foster Care Commitment. and (c) The procedures for adoption. duly assisted by a social worker. as required in adoption. shall have the option to apply for termination of placement. the DSWD shall reassess and reevaluate the foster home situation every three (3) years. shall be governed by Domestic Adoption Act of 1998 or Inter-Country Adoption Act of 1995. Long-Term Foster Placement Authority. Provided. the said foster parent may apply for Long-Term Foster Placement Authority (LTFPA). may be waived: Provided. – A foster parent may adopt his foster child subject to the following conditions: (a) The foster parent must have all the qualifications as provided for by Republic Act No. such as. 8043. as the case may be.(f) In all cases where placement becomes prejudicial to the welfare of the child. That a harmonious relationship exists between the child and his foster parent and family members. shall make provisions for the education and basic needs of the foster child. and under other laws: Provided. with the assistance of a registered social worker. Section 16. who unilaterally terminates the LTFPA before the foster child reaches the age of majority or finishes tertiary education. the foster child shall enjoy the rights of a child under Article 3 of the Child and Youth Welfare Code. 8552. violence or other forms of abuse. abandonment. LTFPA grants the foster parent custody over the foster child without the requirement of the eventuality of adoption of the latter by the former. sexual assault. ARTICLE VII LOCAL GOVERNMENT UNITS 26 . ARTICLE VI ADOPTION OF A FOSTER CHILD Section 17. maltreatment. a foster parent. (b) The foster parent continues to possess the qualifications required under tins Act and a valid foster family care license for the entire duration of the foster care. – Taking into consideration the stability and best interest of the foster child. That there shall be no mandatory rights of succession in favor of the foster child. (c) The child. in accordance with the standards in which the child has been raised or has become accustomed to. subject to the following conditions: (a) The child’s return to his biological parents or placement in an adoptive family is not imminent. as the case may be. That the faster parent has the means to support the foster child in keeping with the financial capacity of the family. (b) The trial custody. within the said period: Provided. the foster child. for purposes of this Act. otherwise known as the Domestic Adoption Act of 1998 or Republic Act No. otherwise known as the Inter-Country Adoption Act of 1995. gives written consent for long-term stay with the foster parent. During this period. Conditions. – If a child has been under the care of a foster parent for a period of at least seven (7) years.

– A foster child. ARTICLE VIII ASSISTANCE AND INCENTIVES Section 21. no other parent or foster parent can claim the said child as a dependent for that period. only one (1) foster parent can treat the foster child as a dependent for a particular taxable year. – (a) Support Care Services. municipality or barangay. counseling. shall be entitled to a monthly subsidy from the DSWD.00) additional exemption for foster parents for each dependent not exceeding four (4) as provided for by Republic Act No. The subsidy is primarily aimed at supporting the expenses of the child to lessen the financial burden on the foster parent: Provided. fourth (4 th) and fifth (5 th) class municipalities. – The DSWD. – The DSWD. the national government shall provide financial support. That this additional exemption shall be allowed only if the period of foster care is at least a continuous period of one (1) taxable year. in coordination with the Department of the Interior and Local Government (DILG). Seminars and Trainings. visits. 1âw phi 1 Section 20. Assistance to a Foster Child. Section 19. – In accordance with the Local Government Code.Section 18. However. skills training and livelihood assistance. – (a) Foster Child Subsidy. as implemented by Revenue Regulation (RR) No. (b) Additional Exemption for Dependents.000. respite care. he must seek enrollment with PhilHealth. Incentives to Donors. Role of Local Government Units (LGUs). LGUs and agencies shall provide assistance to the foster parents to ensure enrollment. through the agency. training on child care and development. – Donors of an agency shall be entitled to the following: 27 . Assistance and Incentives to Foster Parent. Section 23. (b) Health Insurance. If the foster parent is not a PhilHealth member. priority given to third (3 rd). Incentives to Agencies. but not limited to. – Agencies shall be entitled to the following tax incentives: (a) Exemption from Income Tax. Funding. – Agencies can also apply for qualification as a donee institution. – A foster child shall automatically be a PhilHealth beneficiary of the foster parent and as such. That all other conditions provided for under the aforesaid section of the NIRC of 1997 must be complied with: Provided. LGUs shall primarily be responsible for social welfare services which include foster care programs. 13-98. and (b) Qualification as a Donee Institution. Section 24. Section 22. For purposes of this section. is hereby mandated to develop and provide programs to ensure the awareness and responsiveness of local government officials in the promotion and development of the foster care system in every city. As such. the definition of the term "dependent" under Section 35(B) of the National Internal Revenue Code (NIRC) of 1997 shall be amended to include "foster child": Provided. That support may be waived if the foster parent is capable of supporting the foster child. entitled to health insurance benefits. – Agencies shall be exempt from income tax on the income derived by it as such organization pursuant to Section 30 of the NIRC of 1997. the social service units of LGUs and agencies shall provide support care services to include. subject to existing government auditing rules and regulations. further. – LGUs shall promote the foster care system in their respective territorial jurisdictions. 9504. – For purposes of claiming the Twenty-five thousand pesos (PhP 25.

violating any provision of this Act and its IRR shall be penalized with imprisonment of one (1) month to six (6) years.00). cruelty.00) but not more than One hundred thousand pesos (PhP 100. 7610. the parents. and (b) Exemption from Donor’s Tax. abuse. (d) If the offender is a public official. (b) Make recommendations to resolve any dispute between and among the agency. depending on the gravity of the offense or a fine of not less than Ten thousand pesos (Php 10. Foster Care Committee. ARTICLE IX PENALTIES Section 25.000. a fine of not less than Twenty-five thousand pesos (PhP 25. natural or juridical. at the discretion of the court.000. programs and activities relative to the implementation of this Act. a fine of not less than Fifty thousand pesos (PhP 50. which shall have the following functions: (a) Review and deliberate issues affecting the placement of a particular child. – Donors shall be granted allowable deductions from its gross income to the extent of the amount donated to agencies in accordance with Section 34(H) of the NIRC of 1997.00) but not exceeding Fifty thousand pesos (PhP 50.00) but not exceeding One hundred thousand pesos (PhP 100.000. or both. review. That not more than thirty percent (30%) of the amount of donations shall be spent for administrative expenses. Providing For Its Violation. – The Regional Child Welfare Specialist Group of the DSWD shall serve as the Foster Care Committee. (b) An agency which violates Sections 11. Penalties. (c) Monitor the implementation.000. the foster parents and the child. – Donors shall be exempted from donor’s tax under Section 101 of the NIRC of 1997: Provided. or exploitation and other similar acts prejudicial to the child’s development. other than the foster parent or any agency. 12. and (e) Perform such other functions and duties as may be prescribed by the DSWD. found to be committing any act of neglect. and recommend changes in policies concerning foster care and other matters related to the child’s welfare. 28 . otherwise known as "An Act Providing For Stronger Deterrence and Special Protection Against Child Abuse. Exploitation and Discrimination. and (2) For any subsequent violation.00). 13 or any other provision of this Act and its IRR shall suffer the following penalties: (1) For the first violation. the court may impose the additional penalty of disqualification from office in addition to the penalties provided in the preceding paragraph. and revocation of license to operate.00).000. and other applicable laws. ARTICLE X FINAL PROVISIONS Section 26.000. (c) Any person. shall be penalized in accordance with Republic Act No.(a) Allowable Deductions. – (a) Any foster parent. (d) Submit to the Secretary of the DSWD and to Congress an annual report of the policies. and For Other Purposes".

presidential decree.000. 2012 . Section 31. rule and regulation contrary to or inconsistent with the provisions of this Act is hereby repealed. modified or amended accordingly. Separability Clause. An initial amount of Twenty-five million pesos (PhP 25. Section 29.) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. the Department of Health (DOH). Appropriation. the other provisions not affected hereby shall remain valid and subsisting. – The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter.00) shall be allocated for the first year of its operation. Speaker of the House of Representatives (Sgd. shall have suppletory application to this Act. (Sgd. executive order. – The provisions of Executive Order No. the DILG and other concerned government agencies. Implementing Rules and Regulations. letter of instruction. BARUA-YAP Secretary General House of Representatives Approved: JUN 11.000. in consultation with agencies are hereby mandated to prepare and draft the IRR to operationalize the provisions of this Act within (3) months from its effectivity. 209. administrative order. the Council on Welfare of Children (CWC). – This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation or in the Official Gazette. otherwise known as the Family Code of the Philippines and other applicable laws. 2012 (Sgd. Such sum shall be intended to support the foster care programs of the DSWD and agencies. AQUINO III President of the Philippines The Lawphil Project . the Department of Justice (DOJ). – The DSWD. Section 32.) BENIGNO S. Section 30. Suppletory Clause. issuance. Approved.Section 27. Effectivity. 4481 was finally passed by the Senate and the House of Representatives on March 21.) MARILYN B. (Sgd.Arellano Law Foundation 29 . Section 28. as lead agency.) EMMA LIRIO-REYES Secretary of Senate (Sgd. – Any law.) FELICIANO BELMONTE JR. 2486 and House Bill No. the Bureau of Internal Revenue (BIR). – If any provision of this Act is held invalid or unconstitutional. Repealing Clause.