You are on page 1of 12

Persons provisions \ 1

CIVIL CODE PROVISIONS Art. 363. In all questions on the care, custody, education and property of
children the latter's welfare shall be paramount. No mother shall be separated
Art. 356. Every child: from her child under seven years of age, unless the court finds compelling
(1) Is entitled to parental care; reasons for such measure.
(2) Shall receive at least elementary education;
(3) Shall be given moral and civic training by the parents or guardian; Title XIII. - USE OF SURNAMES (n)
(4) Has a right to live in an atmosphere conducive to his physical, moral and
intellectual development. Art. 364. Legitimate and legitimated children shall principally use the surname
of the father.
Art. 357. Every child shall:
(1) Obey and honor his parents or guardian;
(2) Respect his grandparents, old relatives, and persons holding substitute Art. 365. An adopted child shall bear the surname of the adopter.
parental authority;
(3) Exert his utmost for his education and training; Art. 375. In case of identity of names and surnames between ascendants and
(4) Cooperate with the family in all matters that make for the good of the descendants, the word "Junior" can be used only by a son. Grandsons and
same. other direct male descendants shall either:
(1) Add a middle name or the mother's surname, or
Art. 358. Every parent and every person holding substitute parental authority (2) Add the Roman Numerals II, III, and so on.
shall see to it that the rights of the child are respected and his duties complied
with, and shall particularly, by precept and example, imbue the child with
Art. 376. No person can change his name or surname without judicial
highmindedness, love of country, veneration for the national heroes, fidelity to authority.
democracy as a way of life, and attachment to the ideal of permanent world
peace.
RULES AND REGULATIONS TO IMPLEMENT
Art. 359. The government promotes the full growth of the faculties of every THE DOMESTIC ADOPTION ACT OF 1998
child. For this purpose, the government will establish, whenever possible:
(1) Schools in every barrio, municipality and city where optional religious Pursuant to the authority of the Department of Social Welfare and
instruction shall be taught as part of the curriculum at the option of the parent Development under Article VIII, Section 24 of Republic Act 8552, otherwise
or guardian; known as "The Domestic Adoption Act of 1998", the following Rules and
(2) Puericulture and similar centers; Regulations are hereby promulgated to govern the adoption of Filipino children
(3) Councils for the Protection of Children; and within the Philippines.
(4) Juvenile courts.
ARTICLE 1 - GENERAL PROVISIONS
Art. 360. The Council for the Protection of Children shall look after the welfare SECTION 1. Affirmation of Policy. – It is the policy of the State to
of children in the municipality. It shall, among other functions: ensure that every child remains under the care and custody of his/her
(1) Foster the education of every child in the municipality; biological parents and be provided with love, care, understanding and security
(2) Encourage the cultivation of the duties of parents; toward the full development of his/her personality. When care of the biological
(3) Protect and assist abandoned or mistreated children, and orphans; parents is unavailable or inappropriate and no suitable alternative parental care
(4) Take steps to prevent juvenile delinquency; or adoption within the child’s extended family is available, adoption by an
(5) Adopt measures for the health of children; unrelated person shall be considered. However, no direct placement of a child
(6) Promote the opening and maintenance of playgrounds; to a non-related shall be countenanced.
(7) Coordinate the activities of organizations devoted to the welfare of children, Adoption is the most complete means whereby permanent family life can be
and secure their cooperation. restored to a child deprived of his/her biological family.
The child’s best welfare and interest shall be the paramount consideration in all
Art. 361. Juvenile courts will be established, as far as practicable, in every questions relating to his/her care and custody.
chartered city or large municipality.
SECTION 2. Applicability. – These Rules shall apply to the adoption in the
Art. 362. Whenever a child is found delinquent by any court, the father, Philippines of a Filipino child by a Filipino or alien qualified to adopt under
mother, or guardian may in a proper case be judicially admonished. Article III, Section 7 of RA 8552.
Persons provisions \ 2

Adoption of a child by any member of his/her extended family shall likewise be k. "Home Study Report" shall refer to a study of the motivation and
governed by these Rules. capacity of the prospective adoptive parents to provide a home that meets
the needs of a child.
ARTICLE 1I - DEFINITION OF TERMS
SECTION 3. Definition of Terms. – As used in these Rules, unless the
l. "Matching" shall refer to the judicious selection from the regional or
context otherwise requires, the following terms shall mean: interregional levels of a family for a child based on the child’s needs and in
his/her best interest as well as the capability and commitment of the
a. "Act" shall refer to Republic Act No. 8552 otherwise known as the
adoptive parents to provide such needs and promote a mutually satisfying
"Domestic Adoption Act of 1998." parent-child relationship.
b. "Department" shall refer to the Department of Social Welfare and m. "Supervised trial custody" shall refer to the period during which a social
Development. worker oversees the adjustment and emotional readiness of both adopting
c. "Child" shall refer to a person below eighteen (18) years of age. parents and adopted child in stabilizing their filial relationship
d. "A child legally available for adoption" shall refer to a child who has n. "Licensed Social Worker" shall refer to one who possesses a bachelor of
been voluntarily or involuntarily committed to the Department or to a duly science in social work degree as a minimum education requirement and
licensed and accredited child-placing or child-caring agency, freed of the must have passed the government licensure examination for social workers
parental authority of his/her biological parent(s) or guardian or adopter(s) as required by Republic Act 4373.
in case of rescission of adoption. o. "Child-placing agency" shall refer to a private non-profitable or
e. "Voluntarily committed child" shall refer to one whose parent(s) charitable institution or government agency licensed and accredited by the
knowingly and willingly relinquishes parental authority to the Department. Department to provide comprehensive child welfare services including but
f. "Involuntarily committed child" shall refer to one whose parent(s), not limited to, receiving applications for adoption/foster care, evaluating
known or unknown, has been permanently and judicially deprived of the prospective adoptive/foster parents preparing the home study and all
parental authority due to abandonment; substantial, continuous or other processes as provided for in Article V of the Rules.
rejected neglect; abuse; or incompetence to discharge parental p. "Child-caring agency" shall refer to a private non-profitable or charitable
responsibilities. institution or government agency licensed and accredited by the
g. "Abandoned child" shall refer to one who has no proper parental care or Department that provides twenty-four (24) hour residential care services
legal guardianship or whose parent(s) has deserted him/her for a period of for abandoned, orphaned, neglected or voluntarily committed children
at least six (6) continuous months and has been judicially declared as q. "Simulation of birth" shall refer to the tampering of the civil registry
such. making it appear in the birth records that a certain child was born to a
h. "Foundling" shall refer to a deserted or abandoned infant or a child couple or a person who is not his/her biological mother and/or his/her
found, with parents, guardian, or relatives being unknown, or a child biological father, causing such child to lose his/her true identity and
committed in an orphanage or charitable or similar institution with status.
unknown facts of birth and parentage and registered in the Civil Register r. "Extended Family" shall refer to a relative of a child both at the paternal
as a "foundling". and maternal side within the fourth degree of consanguinity.
i. "Deed of Voluntary Commitment" shall refer to the written and s. "Biological Parents" shall refer to the child’s mother and father by
notarized instrument relinquishing parental authority and committing the nature or the mother alone if the child is unacknowledged illegitimate
child to the care and custody of the Department executed by the child’s child.
biological parent(s) or by the child’s legal guardian in their absence, t. "Prospective Adoptive Parent(s)" shall refer to person mentioned
mental incapacity or death, to be signed in the presence of an authorized under Section 7 of the Act who have filed an application for adoption.
representative of the Department after counseling and other services have
been made available to encourage the child’s biological parent(s) to keep u. "Prospective Adoptee" shall refer to one who is legally available for
the child. A minor, after proper counseling by a licensed social worker, may adoption as defined in Section 3 (d) of this Rule or one who falls under the
also execute the deed of voluntary commitment. enumeration in Section 8 of the Act.
j. "Child Study Report" shall refer to a study of a child’s legal status, v. "Pre-Adoption Services" shall refer to psycho-social services provided
placement history, psychological, social, spiritual, medical, ethno-cultural by professionally trained social workers of the Department, the social
background, and that of his/her biological family as basis in determining services units of local government, private and government health
the most desirable placement for him/her. facilities, Family Courts, licensed and accredited child-caring and child-
placing agency and such other individuals or entities involved in adoption
as may be authorized by the Department.
Persons provisions \ 3

w. "Post-Adoption Services" shall refer to psychosocial services and 4. The biological parent(s) who decided to keep the child shall be provided
support services provided by professionally trained social workers from with adequate services and assistance to fulfill parental
offices above-mentioned after the issuance of the Decree of Adoption. responsibilities.
x. "Residence" shall refer to a person’s actual and legal stay in the
Philippines for three (3) continuous years immediately prior to the filing of 2. Prospective Adoptive Parent(s)
application for adoption and maintains such residence until the adoption 1. Biological Parents shall be counseled regarding their options:
decree is entered; Provided that temporary absences for professional,
business or emergency reasons not exceeding sixty (60) days in one (1) a. to disseminate basic information about adoption including the
year shall not be considered as breaking the continuity requirement; adoption process and procedures and the effects of adoption.
Provided further that the Department may extend this period in b. to inform them of the general background of children in need of
meritorious cases. adoptive homes including children with special needs;
y. "Alien" shall refer to any person, not a Filipino citizen, who enters and c. to develop among prospective adoptive parents a respect for the
remains in the Philippines and in possession of a valid passport or travel child’s biological origin and an awareness of the importance of
documents and visa. telling the child that he/she is adopted.
d. To provide a support group for adoptive parents which shall give
ARTICLE 111 - PRE-ADOPTION SERVICES them a venue for sharing their adoption experiences.
SECTION 4. Pre-Adoption Services. – Pre-Adoption Services including
counseling shall be provided by professionally trained social workers of the 2. A certificate shall be issued by the Department to the prospective
Department, the social services units of local government, private and adoptive parents attesting that they have undergone pre-adoption
government health facilities, Family Courts, licensed and accredited child- services. The certificate shall be made a pre-requisite of the homestudy.
caring and child-placing agency and such other individuals or entities involved
in adoption as may be authorized by the Department to the following:
3. Prospective Adoptee
1. Biological Parent(s) 1. A prospective adoptee shall be provided with counseling and other
1. Biological Parents shall be counseled regarding their options: support services appropriate to his/her age and maturity, and in a
a. to keep the child and avail of services and assistance; manner and language that the child comprehends, especially to enable
b. avail of temporary child care arrangements such as foster care; or him/her to understand why he/she has been relinquished for adoption.
2. In the case of a prospective adoptee whose consent to his/her own
c. relinquish the child for adoption
adoption is necessary, the social worker/counselor shall consider the
2. Counseling shall be provided in a language and manner understandable child’s wishes and opinions, ensure that his/her consent is voluntary and
to the biological parent(s)/legal guardian on the implications of duly inform him/her of the effects of such consent.
relinquishing his/her parental authority over the child focusing on:
a. the loss of parental rights over the child and as a rule, not having
further contact with the child; SECTION 5. Location of Unknown Parent(s). – It shall be the duty of
b. the importance of providing relevant information on the child, the Department or the child-caring or child-placing agency which has custody
their own medical history and family background; of the child to exert all efforts to locate his/her unknown biological parents.
c. the possibility that the child may be placed for adoption within the The following shall be sufficient proof that such efforts to locate the biological
Philippines or in a foreign country; parents, guardians or relatives have been made:
d. the possibility that in the future, there may be communication a. Certification from radio and/or TV stations that the case was aired on
with the child at their or the child’s initiative. three (3) different occasions; and
e. the right to reconsider his/her decision to relinquish his/her child b. Publication in newspapers of general or local circulation whichever is
within six (6) months from signing the Deed of Voluntary appropriate to the circumstances.
Commitment (DVC) subject to assessment by the Department.
3. Continuing services shall be provided after relinquishment to cope with If the biological parent(s) is located, he/she will be assessed to determine their
feelings of loss, etc. and other services for his/her reintegration to the willingness to keep the child and their parenting capability. If reunification is
community. desired it shall be effected after the parent(s) and child undergo counseling.
If efforts to locate child’s parent/s fail, the child shall be registered as a
foundling and within three (3) months from the time he/she is found, be the
Persons provisions \ 4

subject of legal proceedings where he/she shall be declared abandoned. If the d. a person of legal age if, prior to the adoption, said person has been
child’s parents are located but reunification is not desired, the parent(s) shall consistently considered and treated by the adopter(s) as his/her own child
execute a deed of voluntary commitment to the department. since minority.
e. a child whose adoption has previously been rescinded; or
SECTION 6. Support Services. – the Department and other authorized f. a child whose biological or adoptive parent(s) has died: Provided, that no
agencies shall organize and assist groups for adoptive parents, biological proceedings shall be initiated within six (6) months from the time of death
parents and adoptees, provide parent and family life education sessions and of said parent(s)
referral for specialized services.
SECTION 9. Persons Whose Consent Is Necessary To The Adoption.
– In addition to the Consent to Adopt by the Department under Section 22 of
ARTICLE IV - ELIGIBILITY these Rules, the written consent of the following persons to the adoption shall
SECTION 7. Who May Adopt. – any Filipino citizen or alien residing in the be given in the required legal form and attached to every petition for
Philippines who has the qualification and none of the disqualifications under the adoption:
Act may be eligible to adopt if he/she: a. the prospective adoptee, if ten (10) years of age or over.
a. is of legal age. b. the prospective adoptee’s biological parents of the child or legal guardian;
b. is at least sixteen (16) years older than the adoptee; Provided, c. the prospective adopter’s legitimate and adopted sons/daughters who are
however that the minimum age gap between the adopter and the ten (10 years of age or over and, if any illegitimate sons/daughters living
adoptee may not be required if the adopter is the biological parent or with them;
sibling of the adoptee or the spouse of the adoptee’s parent; d. the prospective adopter’s spouse in appropriate cases; and prospective
c. has the capacity to act and assume all the rights and duties incident to adopted in appropriate cases.
the exercise of parental authority;
d. is of good moral character and has not been convicted of any crime The foregoing consent shall be given freely after they have been properly
involving moral turpitude; counseled as required under Section 4 by a social worker who shall attest in
e. is in a position to support, educate and care for his/her legitimate and the same document that the required counseling and information have been
illegitimate children and the child to be adopted in keeping with the given.
means of the family;
f. has undergone pre-adoption services as required in Section 4 of the ARTICLE V - PROCEDURE
Act. SECTION 10. Hurried Decision. – In all proceedings for adoption, a
comprehensive study report prepared by a licensed social worker shall be
In addition to these qualifications, an alien may adopt if he/she: submitted to the court as proof that the biological parent(s) has been properly
a. is a citizen of a state which has diplomatic relations with the counseled and provided other support services:
Philippines; 1. to exhaust all measures to strengthen family ties and keep the child;
b. has been certified by his/her diplomatic or consular office or any 2. to ensure that their decision to relinquish their child for adoption is not
appropriate agency that: caused by stress, anxiety or pressure; and
i. he/she is qualified to adopt in his/her country; and 3. to ascertain that such decision does not result in improper financial gain for
ii.his/her government will allow the adoptee to enter the adopter’s those involved in it.
country and reside there permanently as an adopted child;
c. has submitted the necessary clearances and such other certifications as
may be required by the Department. SECTION 11. Attendance In Adoption Fora and Seminar. – In
accordance with Section 4.2 of these Rules, prospective adoptive parents shall
attend adoption fora and seminars prior to filing their application to adopt.
SECTION 8. Who May Be Adopted – the following may be adopted:
a. any person below eighteen (18) years of age who has been SECTION 12. Fees and Charges. – Pursuant to Section 23 (d) of the Act,
administratively or judicially declared available for adoption in accordance child-caring and child-placement agencies may charge reasonable fees as
with the procedures as indicated in Articles 142 to 155 of the P.D. 603: The determined by the Department to cover expenses in providing adoption
Child and Youth Welfare Code; services. The applicant(s) shall be apprised of the fees at the start of the
b. the legitimate son/daughter of one spouse by the other spouse. adoption process.
c. the illegitimate son/daughter by a qualified adopter to improve his/her
status to that of legitimacy; SECTION 13. Application for Adoption. – A person eligible to adopt under
Article III, Section 7 of the Act who desires to adopt a child in the Philippines
Persons provisions \ 5

whether a relative or not has attended adoption fora and seminar, shall file 12. Two (2) character references from a non-relatives who knew the
his/her application for adoption with the Department directly or with a social applicant(s) in the country of which he/she is a citizen or was a resident
service office of a local government unit, or with any licensed accredited child prior to residing in the Philippines, except for those who have resided in
placing agency. Spouses shall file their application jointly. the Philippines for more than fifteen (15) years;
13. Police Clearance from all places of residence in the past two years
SECTION 14. Preparation of Home Study Report. – A home study report immediately prior to residing in the Philippines.
of the applicant shall be prepared by a licensed and accredited social worker of
the Department, or social service office of the local government unit or licensed In the case of an applicant who is residing abroad, but is otherwise qualifies to
and accredited child-placing agency where pre application is filed who shall adopt in the Philippines under the provisions of the Act, the Homestudy report
conduct home visits to the applicants to determine capacity to adopt and shall be prepared by an accredited foreign adoption agency. However, a
possession of qualification. The Home study report shall clearly indicate certification from the Intercountry Adoption Board shall be required to ensure
whether the applicant is being recommended for child placement or not. The that said agency is accredited.
applicant’s Home study Report shall be accompanied by the following
documents/certifications: SECTION 15. Disapproval of Adoption Application. – the applicants shall
1. Authenticated birth certificate be informed as soon as possible about the approval or disapproval of the
2. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal adoption application. In case of disapproval, the social worker shall help them
Separation documents; understand the reasons for their disapproval and shall assist or refer them for
3. Written consent to the adoption by the legitimate and adopted appropriate services in areas where they need to be helped. Except when
sons/daughters, and illegitimate sons/daughters if living with the applicant, found by the social worker that such application can no longer be considered,
who are at least ten (10) years old; there shall be no prejudice to future application of said applicants.
4. Physical and medical evaluation by a duly licensed physician and
psychological evaluation by a psychologist; SECTION 16. Certificate Of Availability Of Child For Adoption. – No
5. NBI/Police Clearance child shall be placed for adoption unless a clearance has been obtained from
6. Latest income tax return or any other documents showing financial the Department that said child is available for adoption. The Department shall
capability, e.g. Certificate of Employment, Bank Certificate or Statement of not issue such certification unless the child Study Report prepared by a duly
Assets and Liabilities; licensed and accredited social worker of the Department, or of a child caring
7. Three (3) character references, namely from the local church/minister, the agency recommends that the child’s best interest will be served by adoption.
employer, and a non-relative member of the immediate community who The Department shall issue the Certificate of Availability for Adoption not later
have known the applicant(s) for at least three (3) years; than fifteen (15) days after expiration of the six (6) month period after
8. 3x5 sized pictures of the applicant(s) and his/her immediate family taken execution of Deed of Voluntary Commitment by the child’s parents or legal
within the last three (3) months; guardian required under PD No. 603 or the Child and Youth Welfare Code or
9. Certificate of attendance to pre-adoption fora or seminars. after receipt of entry of judgement in case of involuntary commitment. Copy of
In addition, foreign nationals shall submit the following: the Certificate of Availability for Adoption and Child Study Report shall be sent
10. Certification that the applicant(s) have legal capacity to adopt in his/her to the Child Welfare Specialist Group (CWSG) for purpose of placement of the
country and that his/her country has a policy, or is a signatory of an child for adoption.
international agreement, which allows a child adopted in the Philippines by
its national to enter his/her country and permanently reside therein as SECTION 17. Supporting Documents Of Child Study Report. – The child
his/her legitimate child which may be issued by his/her country’s study report shall be prepared only by a licensed and accredited social worker
diplomatic or consular office or central authority n intercountry adoption or of the Department or child caring agency not involved in child placement. Such
any government agency which has jurisdiction over child and family child study report shall include assessment and recommendations of the social
matters; or in the absence of any of the foregoing, the Philippine worker as to the alternative child custody and care appropriate for the child.
Intercountry Adoption Board may also certify that the Philippines and the The following documents shall accompany the child report:
applicants’ country have an existing agreement or arrangement on 1. Authenticated birth or foundling certificate, when appropriate;
intercountry adoption whereby a child who has been adopted in the 2. Written Consent to adoption by the biological parent(s) or the legal
Philippines or has a pre-adoption placement approved by the Board is guardian and the written consent of the child if at least ten (10) years old,
allowed to enter and remain as permanent resident in the applicant’s signed in the presence of the social worker of the Department or child
country as his/her legitimate child. caring agency after proper counseling as prescribed in Section III of these
11. Certificate of Residence in the Philippines issued by the Bureau of Rules;
Immigration or Department of Foreign Affairs, as appropriate; 3. Death Certificate of biological parents, Decree of abandonment or Deed of
Voluntary Commitment, as appropriate;
Persons provisions \ 6

4. Medical evaluation of the child and his/her parent(s), if available; each other and submit progress report to the Department. A copy of these
5. Psychological Evaluation when appropriate; reports shall be given to the child caring agency where the child came from.
6. Picture of the child The court may upon its own motion or on motion of the petitioner, reduce or
dispense with the trial period if it finds that it is to the best interest of the
child. In such case, the court shall state its reasons for reducing said period.
SECTION 18. Submission Of Case Records Of Prospective Adoptees
and Prospective Adoptive Parents. – Case Records of prospective adoptees SECTION 24. Disruption of Pre-Adoptive Placement. – If the
and prospective adoptive parents shall be submitted to the concerned Adoption placement/relationship is found unsatisfactory by the child or the adopter(s),
Resource and Referral Office (ARRO) which was established according to or both, or if the social worker finds that the continued placement of the child
Section 23 of the Act for matching. is not in the child’s best interest, said relationship/placement shall be
suspended by the Department which shall recommend to the Adoption
SECTION 19. Matching. – The matching of the child to an approved Resource and Referral Office to consider another possible placement. Should
adoptive parent(s) shall be carried out during the regular matching conference there be no available prospective adoptive family, the Department shall
by the Matching Committee otherwise called the Child Welfare Specialist Group arrange for the child’s temporary care. No termination of placement shall be
(CWSG) in the regional level where the social workers of the child and family made unless it is shown that the social worker has exhausted all efforts to
are present. Subject to approval of the Department, the CWSG shall fix its own remove the cause of the unsatisfactory relationship/placement within a
internal rules and procedures in accordance with the rules of Court; Provided, reasonable period of time.
however, that records of children and approved adoptive parent/s not matched
within thirty (30) days in the regional level shall be forwarded to the SECTION 25. New Placement. – In the event of the disruption of the pre-
Department’s Central Office for interregional matching; Provided further that adoptive placement, the Department shall arrange without delay a new
children with special needs shall be immediately forwarded if not matched in placement of the child, or, if inappropriate, other alternative long term care.
the first meeting, except under special circumstances. The consent of the child to the measures taken under this section shall be
obtained having regard to his/her age and level of maturity in particular.
The matching proposal made by the CWSG shall be approved by the
Department. SECTION 26. Consent to Adoption. – If the adjustment of the
child/adopter(s) is satisfactory, the social worker shall forward to the
SECTION 20. Interregional Matching. – Records of prospective adoptees Department the final supervisory report which shall include the
and approved adoptive parent/s not matched in the regional level shall be recommendation for the issuance of the written consent to adoption to be
forwarded to the Department’s Central Office for interregional matching by the executed by the Department.
Interregional Adoptive Placement Committee whose internal rules and
procedures shall be established by the Department. SECTION 27. Filing Of Petition For Adoption. – the prospective adoptive
parent(s) shall initiate judicial proceeding by filing the petition to adopt not
SECTION 21. Pre-Placement. – The respective social worker who prepared later than 30 days from date of receipt of the Department’s written consent to
the reports shall also prepare the adoptive family and the child, physically and adoption.
psychologically before actual placement.
SECTION 28. Issuance of Decree of Adoption and Entry of
SECTION 22. Placement. – The physical transfer of a child from a child Judgement. – If, after considering the recommendation and reports of the
caring agency or foster home to the prospective adoptive parents who shall be social worker and other evidence, the Court is satisfied that the adopter(s) are
responsible for his/her care and custody shall be made after the necessary qualified to adopt, then an adoption decree and an Entry of Judgement shall be
form are accomplished and the Pre-Adoption Placement Authority (PAPA) has issued stating the name by which the child is to be known. A copy of the
been issued after approval of the Regional Director for placement within the decree of adoption shall be forwarded to the Department. The effectivity of the
region or by the Department Secretary or his/her duly authorized decree shall be as of the date of the original petition was filed.
representative in cases of interregional placements.
SECTION 29. Travel Authority of Adopted Child. – No adoptee shall be
SECTION 23. Supervised Trial Custody. – The placement of the child shall issued a travel authority unless a decree of adoption has already became final
take effect upon issuance of the Pre-Adoption Placement Authority by the and executory. In this respect, the amended birth certificate shall be
Department after which the supervised trial custody shall commence. presented. If for any valid reason the same cannot be presented, the
During the supervised trial custody, the social worker shall conduct monthly application for travel authority shall be accompanied by the duplicate original
home visits to monitor adjustment of the prospective adopter(s) and child to or certified true copy of the decree of adoption and entry of judgement issued
by the court which promulgated the decision and a certification from the Office
Persons provisions \ 7

of the Solicitor General at the decision is final and executory and that no SECTION 35. Grounds for Rescission. – Adoption being in the best
appeal there from has been filed by the said office. interest of the child, shall not be subject to rescission by the adopter(s). The
adoption may be rescinded only upon the petition of the adoptee with the
SECTION 30. Recording Of The Court Decision. – A court decision on assistance of the Department, if a minor or if over eighteen (18) years of age
adoption as well as the finality of decision shall be submitted by the clerk of but is incapacitated, on any of the following grounds committed by the
court or in his default, by the adopting parent(s), to the Local Civil Registry adopter(s):
Office of the City/municipality where the court issuing the same is situated, for 1. Repeated physical and verbal maltreatment by the adopter(s) despite
entry in the Register of Court Decrees, not later that thirty (30) days after the having undergone counseling;
court decision has become final and executory. Such Local Civil Registry Office 2. Attempt on the life of the adoptee;
shall submit one copy of the court decision to the Local Civil Registrar of the 3. Sexual assault or violence; or
city or municipality where the birth of the adopted child was registered and the 4. Abandonment and failure to comply with parental obligations
latter office shall have the duty to prepare the amended certificate of live birth
of the adopted child. SECTION 36. Disinheritance of Adoptee. – the adopter(s) may disinherit
the adoptee for cause provided in Article 919 of the Civil Code.
SECTION 31. Civil Registry Record. – The adopted child shall be entitled
to the issuance of a new certificate of live birth. Amendment to the certificate SECTION 37. Effects of Rescission. – Rescission of Adoption shall have
of live birth shall be done in accordance with the rules and regulations the following effects.
promulgated by the Office of the Civil Registrar General and Section 14 of the 1. Restoration of parental authority of the adoptee’s biological parent(s), if
Act. known or the legal custody of the Department of the adoptee if still a
A copy of the new birth certificate shall be transmitted by the local civil minor or incapacitated.
registrar to the National Statistics Office within 30 days from registration. 2. The reciprocal rights and obligations of the adopter(s) and the adoptee to
each other shall be extinguished.
SECTION 32. Post Adoption Services. – Post Adoption Services which 3. Cancellation of the new birth certificate of the adoptee by the Civil
shall include counseling shall be made available by the social workers of the Registrar as ordered by the court and restoration of the adopter’s original
Department, social services unit of the local government, child placing and birth certificate.
child caring agencies to develop the adoptee, adopter and the biological 4. Succession rights shall revert to its status prior to adoption but only as of
parents. the date of judgement of judicial rescission.
5. Vested rights acquired prior to judicial rescission shall be respected.
ARTICLE VI - EFFECTS OF ADOPTION
SECTION 33. Effects of Adoption. – Adoption shall have the following All the foregoing effects of rescission of adoption shall be without prejudice to
effects: the penalties imposable under the Penal Code if the criminal acts are properly
1. sever all legal ties between the biological parents and the adoptee, except proven.
when the biological parent is the spouse of the adopter;
2. Deem the adoptee as a legitimate child of the adopter; ARTICLE VIII - ADOPTION RESOURCE AND REFERRAL OFFICE
3. Give adopter and adoptee reciprocal rights and obligations arising from the SECTION 38. Functions. – The Adoption Resource and Referral Office
relationship of parent and child, including but not limited to: (ARRO) shall be under the supervision of the Department’s Central Office and
i. the right of the adopter to choose the name, the child’ is to be Regional Office Director.
known; and The functions of the ARRO shall include the following:
1. Monitor the existence, number and flow of children legally available for
ii. the right of the adopter and adoptee to legal and compulsory heirs adoption and prospective adopter(s), so as to facilitate their matching;
of each other 2. Maintain a nationwide/regional information and educational campaign o
domestic adoption;
SECTION 34. Benefits. – the adoptive parents shall, with respect to the 3. Keep records of adoption proceedings;
adopted child, enjoy all the benefits to which biological parents are entitled. 4. Generate resources to help child-caring and child-placing agencies and
Maternity and paternity benefits and other benefits given to biological parents maintain viability;
upon the birth of a child shall be enjoyed if the adoptee is below seven (7) 5. Do policy research in collaboration with the Intercountry Adoption Board
years of age as of the date the child is placed with the adoptive parents thru and other concerned agencies; and
the Pre-Adoptive Placement Authority issued by the Department. 6. Act as the Secretariat to the Child Welfare Specialist Group (CWSG) during
Interregional/regional matching conferences.
ARTICLE VII - RESCISSION OF ADOPTION
Persons provisions \ 8

SECTION 42. Registration of Birth. – All hospitals, attending physicians
SECTION 39. Composition Of the CSWG. – The CWSG shall have five (5) and midwives in attendance at the birth of a child shall register such birth of a
members composed of a social worker of the Department, a lawyer specializing child not later than 30 days from the date of said birth as required under the
on child and youth welfare cases, a physician, a psychiatrist or psychologist, Civil Register Law.
and a representative of a non-government organization of adoptive parents or
child welfare agencies who shall be selected in consultation with the recognized ARTICLE XI - CONFIDENTIALITY OF ADOPTION RECORDS
association or organization of adoptive parents and child caring agencies. SECTION 43. Confidentiality. – All records, documents and court
The Department shall appoint qualified persons who shall serve in the CWSG proceedings relating to the adoption shall be confidential. No copy thereof shall
for a term of two (2) years which may be renewed for another term. be released without determination that it is for reasons substantially connected
Only CWSG members who are not with the Department shall be entitled to a with or arising out of the adoption.
per diem for every meeting attended but not to exceed four (4) meetings a In such event, records and information shall be disclosed in a way that will
month. prevent persons who do not have a legitimate interest, from learning the fact
that a person has been adopted or, if that is revealed, the identity of his/her
SECTION 40. Functions Of The CWSG. – The CWSG shall have the biological parents.
following functions:
1. Match children for adoption ARTICLE XII - REPORTING VIOLATIONS
2. Implement an integrated system and network of selection and matching of SECTION 44. Office In Charge of Handling Violations. – The CWSG,
applicants and children; child caring/placing agency and every person who has knowledge of any
3. Initiate, review and recommend changes in policies concerning child violation under the Act or related laws shall immediately report the same to the
placement and other matters related to child welfare; nearest police station, local government unit or office of the Department who
4. Perform such other functions and duties as may be prescribed by the shall act thereon within twenty-four (24) hours from receipt of the report. Any
Department. delay or negligence in acting on the violations shall be dealt with criminally and
administratively.
Failure of adopters to initiate legalization of the adoption of children placed in
ARTICLE IX - PROCEDURE FOR RECTIFICATION OF SIMULATED BIRTH their care and custody within six (6) months from the end of supervised trial
SECTION 41. Procedure for Rectification. – A person who has under his custody shall be considered an act not in the best interest of the child.
care and custody a child whose birth registration has been simulated to make it
appear that the child is his/her own son or daughter shall file in the appropriate ARTICLE XIII - VIOLATIONS AND PENALTIES
court an application for correction of the birth registration and for adoption of Any person who shall violate any of the provisions of the act shall be dealt
the child. For the purpose of availing of the benefit under Section 22 of the Act, with accordingly pursuant to Article VII Section 21 of the Act.
said person shall initiate said proceedings within five (5) years from the
effectivity of the Act and shall thereafter complete said proceedings wherein ARTICLE XIV - FINAL PROVISIONS
he/she shall prove that the simulation of birth was made for the best interest SECTION 45. Interpretation Of The Provisions Of The Rule. – Any
of the child, and the child has been consistently considered and treated as doubt or ambiguity in the provisions of these Rules shall be interpreted in the
his/her own son/daughter. The Department shall conduct its own child and best interest of the child.
home study reports through a licensed and duly accredited social worker to
determine if said conditions exist. SECTION 46. Repealing Clause. – All rules and regulations, orders,
In all cases of rectification of simulated birth and adoption of said child, the resolutions, and parts thereof inconsistent with the provisions of this Rules are
Department shall secure a deed of voluntary commitment executed by the hereby repealed or modified accordingly.
child’s biological parent(s) or a judicial declaration of abandonment transferring
legal custody of the child to the Department; Provided that if adoption by the SECTION 47. Separability Clause. – If for any reason, any section or
person who has custody of the child is recommended, said person shall retain provision of these Rules is declared unconstitutional or invalid, the other
custody of the child unless the court decided otherwise. sections or provisions hereof which are not affected shall continue in full force
Any publication to determine the whereabouts of the child’s biological parents and effect.
and relatives shall be limited to the circumstances at the time the child was
found without revealing the present identity of the child and his/her current SECTION 48. Effectivity. – These Rules shall take effect fifteen (15) days
custodian. Any inquiries regarding the child shall be directed to the after its publication in two (2) newspapers of general circulation, except those
Department. which pertain to self-executing provision of this Act.

ARTICLE X - REGISTRATION OF BIRTH
Persons provisions \ 9

Approved in _____________________________ this _____ day of _______ in (4) Parent left solo or alone with the responsibility of parenthood due to
the year of our Lord, Nineteen Hundred and Ninety Eight. physical and/or mental incapacity of spouse as certified by a public medical
practitioner;
Approved by:
The Joint Social Development Committee, Cabinet Level, Cabinet Cluster C (5) Parent left solo or alone with the responsibility of parenthood due to
14th Draft, October 30, 1998 legal separation or de facto separation from spouse for at least one (1)
year, as long as he/she is entrusted with the custody of the children;

REPUBLIC ACT NO. 8972 - AN ACT PROVIDING FOR BENEFITS AND (6) Parent left solo or alone with the responsibility of parenthood due to
PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, declaration of nullity or annulment of marriage as decreed by a court or by
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES a church as long as he/she is entrusted with the custody of the children;

Be it enacted by the Senate and House of Representatives of the Philippines (7) Parent left solo or alone with the responsibility of parenthood due to
Congress assembled: abandonment of spouse for at least one (1) year;

Section 1. Title. - This Act shall be known as the "Solo Parents' Welfare Act of (8) Unmarried mother/father who has preferred to keep and rear her/his
2000." child/children instead of having others care for them or give them up to a
welfare institution;
Section 2. Declaration of Policy. - It is the policy of the State to promote the
family as the foundation of the nation, strengthen its solidarity and ensure its (9) Any other person who solely provides parental care and support to a
total development. Towards this end, it shall develop a comprehensive program child or children;
of services for solo parents and their children to be carried out by the
Department of Social Welfare and Development (DSWD), the Department of
Health (DOH), the Department of Education, Culture and Sports (DECS), the (10) Any family member who assumes the responsibility of head of family
Department of the Interior and Local Government (DILG), the Commission on as a result of the death, abandonment, disappearance or prolonged
Higher Education (CHED), the Technical Education and Skills Development absence of the parents or solo parent.
Authority (TESDA), the National Housing Authority (NHA), the Department of
Labor and Employment (DOLE) and other related government and A change in the status or circumstance of the parent claiming benefits
nongovernment agencies. under this Act, such that he/she is no longer left alone with the
responsibility of parenthood, shall terminate his/her eligibility for these
Section 3. Definition of Terms. - Whenever used in this Act, the following benefits.
terms shall mean as follows:
(b) "Children" - refer to those living with and dependent upon the solo parent
(a) "Solo parent" - any individual who falls under any of the following for support who are unmarried, unemployed and not more than eighteen (18)
categories: years of age, or even over eighteen (18) years but are incapable of self-
support because of mental and/or physical defect/disability.

(1) A woman who gives birth as a result of rape and other crimes against
chastity even without a final conviction of the offender: Provided, That the (c) "Parental responsibility" - with respect to their minor children shall refer to
mother keeps and raises the child; the rights and duties of the parents as defined in Article 220 of Executive Order
No. 209, as amended, otherwise known as the "Family Code of the Philippines."

(2) Parent left solo or alone with the responsibility of parenthood due to
death of spouse; (d) "Parental leave" - shall mean leave benefits granted to a solo parent to
enable him/her to perform parental duties and responsibilities where physical
presence is required.
(3) Parent left solo or alone with the responsibility of parenthood while the
spouse is detained or is serving sentence for a criminal conviction for at
least one (1) year;
Persons provisions \ 10

(e) "Flexible work schedule" - is the right granted to a solo parent employee to Section 7. Work Discrimination. - No employer shall discriminate against any
vary his/her arrival and departure time without affecting the core work hours solo parent employee with respect to terms and conditions of employment on
as defined by the employer. account of his/her status.

Section 4. Criteria for Support. - Any solo parent whose income in the place of Section 8. Parental Leave. - In addition to leave privileges under existing
domicile falls below the poverty threshold as set by the National Economic and laws, parental leave of not more than seven (7) working days every year shall
Development Authority (NEDA) and subject to the assessment of the DSWD be granted to any solo parent employee who has rendered service of at least
worker in the area shall be eligible for assistance: Provided, however, That any one (1) year.
solo parent whose income is above the poverty threshold shall enjoy the
benefits mentioned in Sections 6, 7 and 8 of this Act. Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide
the following benefits and privileges:
Section 5. Comprehensive Package of Social Development and Welfare
Services. - A comprehensive package of social development and welfare (1) Scholarship programs for qualified solo parents and their children in
services for solo parents and their families will be developed by the DSWD, institutions of basic, tertiary and technical/skills education; and
DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local
government units and a nongovernmental organization with proven track
record in providing services for solo parents. (2) Nonformal education programs appropriate for solo parents and their
children.

The DSWD shall coordinate with concerned agencies the implementation of the
comprehensive package of social development and welfare services for solo The DECS, CHED and TESDA shall promulgate rules and regulations for the
parents and their families. The package will initially include: proper implementation of this program.

(a) Livelihood development services which include trainings on livelihood skills, Section 10. Housing Benefits. - Solo parents shall be given allocation in
basic business management, value orientation and the provision of seed capital housing projects and shall be provided with liberal terms of payment on said
or job placement. government low-cost housing projects in accordance with housing law
provisions prioritizing applicants below the poverty line as declared by the
NEDA.
(b) Counseling services which include individual, peer group or family
counseling. This will focus on the resolution of personal relationship and role
conflicts. Section 11. Medical Assistance. - The DOH shall develop a comprehensive
health care program for solo parents and their children. The program shall be
implemented by the DOH through their retained hospitals and medical centers
(c) Parent effectiveness services which include the provision and expansion of and the local government units (LGUs) through their
knowledge and skills of the solo parent on early childhood development, provincial/district/city/municipal hospitals and rural health units (RHUs).
behavior management, health care, rights and duties of parents and children.

Section 12. Additional Powers and Functions of the DSWD. — The DSWD shall
(d) Critical incidence stress debriefing which includes preventive stress perform the following additional powers and functions relative to the welfare of
management strategy designed to assist solo parents in coping with crisis solo parents and their families:
situations and cases of abuse.

(a) Conduct research necessary to: (1) develop a new body of knowledge on
(e) Special projects for individuals in need of protection which include solo parents; (2) define executive and legislative measures needed to promote
temporary shelter, counseling, legal assistance, medical care, self-concept or and protect the interest of solo parents and their children; and (3) assess the
ego-building, crisis management and spiritual enrichment. effectiveness of programs designed for disadvantaged solo parents and their
children;
Section 6. Flexible Work Schedule. - The employer shall provide for a flexible
working schedule for solo parents: Provided, That the same shall not affect (b) Coordinate the activities of various governmental and nongovernmental
individual and company productivity: Provided, further, That any employer may organizations engaged in promoting and protecting the interests of solo
request exemption from the above requirements from the DOLE on certain parents and their children; and
meritorious grounds.
Persons provisions \ 11

(c) Monitor the implementation of the provisions of this Act and suggest (3) Every child has the right to a well-rounded development of his personality
mechanisms by which such provisions are effectively implemented. to the end that he may become a happy, useful and active member of society.

Section 13. Implementing Rules and Regulations. - An interagency committee The gifted child shall be given opportunity and encouragement to develop his
headed by the DSWD, in coordination with the DOH, DECS, CHED, TESDA, special talents.
DOLE, NHA, and DILG is hereby established which shall formulate, within
ninety (90) days upon the effectivity of this Act, the implementing rules and The emotionally disturbed or socially maladjusted child shall be treated with
regulations in consultation with the local government units, nongovernment sympathy and understanding, and shall be entitled to treatment and competent
organizations and people's organizations. care.

Section 14. Appropriations. - The amount necessary to carry out the The physically or mentally handicapped child shall be given the treatment,
provisions of this Act shall be included in the budget of concerned government education and care required by his particular condition.
agencies in the General Appropriations Act of the year following its enactment
into law and thereafter.1awphil.net
(4) Every child has the right to a balanced diet, adequate clothing, sufficient
shelter, proper medical attention, and all the basic physical requirements of a
Section 15. Repealing Clause. - All laws, decrees, executive orders, healthy and vigorous life.
administrative orders or parts thereof inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.
(5) Every child has the right to be brought up in an atmosphere of morality and
rectitude for the enrichment and the strengthening of his character.
Section 16. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in
full force and effect. (6) Every child has the right to an education commensurate with his abilities
and to the development of his skills for the improvement of his capacity for
service to himself and to his fellowmen.
Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days
following its complete publication in the Official Gazette or in at least two (2)
newspaper of general circulation. (7) Every child has the right to full opportunities for safe and wholesome
recreation and activities, individual as well as social, for the wholesome use of
his leisure hours.
PRESIDENTIAL DECREE No. 603 - THE CHILD AND YOUTH WELFARE
CODE
(8) Every child has the right to protection against exploitation, improper
influences, hazards, and other conditions or circumstances prejudicial to his
Article 3. Rights of the Child. - All children shall be entitled to the rights herein physical, mental, emotional, social and moral development.
set forth without distinction as to legitimacy or illegitimacy, sex, social status,
religion, political antecedents, and other factors.
(9) Every child has the right to live in a community and a society that can offer
him an environment free from pernicious influences and conducive to the
(1) Every child is endowed with the dignity and worth of a human being from promotion of his health and the cultivation of his desirable traits and attributes.
the moment of his conception, as generally accepted in medical parlance, and
has, therefore, the right to be born well.
(10) Every child has the right to the care, assistance, and protection of the
State, particularly when his parents or guardians fail or are unable to provide
(2) Every child has the right to a wholesome family life that will provide him him with his fundamental needs for growth, development, and improvement.
with love, care and understanding, guidance and counseling, and moral and
material security.
(11) Every child has the right to an efficient and honest government that will
deepen his faith in democracy and inspire him with the morality of the
The dependent or abandoned child shall be provided with the nearest constituted authorities both in their public and private lives.
substitute for a home.
Persons provisions \ 12

(12) Every child has the right to grow up as a free individual, in an atmosphere
of peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world.

Article 4. Responsibilities of the Child. - Every child, regardless of the
circumstances of his birth, sex, religion, social status, political antecedents and
other factors shall:

(1) Strive to lead an upright and virtuous life in accordance with the tenets of
his religion, the teachings of his elders and mentors, and the biddings of a
clean conscience;

(2) Love, respect and obey his parents, and cooperate with them in the
strengthening of the family;

(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness,
and endeavor with them to keep the family harmonious and united;

(4) Exert his utmost to develop his potentialities for service, particularly by
undergoing a formal education suited to his abilities, in order that he may
become an asset to himself and to society;

(5) Respect not only his elders but also the customs and traditions of our
people, the memory of our heroes, the duly constituted authorities, the laws of
our country, and the principles and institutions of democracy;

(6) Participate actively in civic affairs and in the promotion of the general
welfare, always bearing in mind that it is the youth who will eventually be
called upon to discharge the responsibility of leadership in shaping the nation's
future; and

(7) Help in the observance of individual human rights, the strengthening of
freedom everywhere, the fostering of cooperation among nations in the pursuit
of their common aspirations for programs and prosperity, and the furtherance
of world peace.