WHAT IS ADOPTION?

It is a socio-legal process of providing a

permanent family to a child whose parents
have voluntarily or involuntarily
relinquished parental authority over the
child.
WHAT ARE THE LEGAL BASIS FOR THE
IMPLEMENTATION OF THE ADOPTION PROCESS?

• Republic Act No. 8552 or the Domestic Adoption Act of 1998, the DSWD
is mandated to facilitate the provision of immediate and permanent
placement of a child legally available fo adoption, needing an adoptive
family.

• Republic Act No. 9523 is an act requiring the Certification of the DSWD
to declare a “Child Legally Available for Adoption” as a prerequisite for
adoption proceeedings, amending for this purpose certain provisions
of Republic Act 8552, otherwise known as the “Domestic Adoption Act
of 1998”
WHAT ARE THE IMPLICATIONS OF
ADOPTION?
1. It voids the rights of natural parents to the child and relinquishes any ties
to each other
2. The adopted child is treated as a natural child of the adoptive parents
3. It gives both adoptive parents and adoptee equal rights and obligations
similar to those enjoyed by natural parents and their children such as:
a. Right of the adoptive parents to choose the name of the adoptee
b. Right of the adoptive parent and adoptee to be legal and
compulsory heirs of one another
WHAT ARE THE BENEFITS GIVEN BY THE
GOVERNMENT TO ADOPTIVE PARENTS?
As stated in RA 8552, Section 34 of the Implementing
Rules and Regulations of the Domestic Adoption Act,
adoptive parents may be given maternity and paternity
benefits if the adoptee is less than seven (7) years old at
the time of placement to the adoptive parents by virtue
of the “Pre-Adoptive Placement Authority” given by the
DSWD.
WHO MAY BE
ADOPTED?
• Any person below 8 years of age who has been administratively or
judicially declared available for adoption
• Legitimate son/daughter of one spouse by the other spouse
• An illegitimate son/daughter by a qualified adopter to improve his/her
status to that of legitimacy
• A person of legal age if, prior to the adoption of said person has been
consistently considered and treated by the adopter/s as his/her own
child since minority
• A child whose adoption has been previously rescinded
• A child whose biological or adoptive parent/s has died. Provided that no
proceedings shall be initiated within six months from the time of death
of said parent/s.
WHO MAY ADOPT?
Any Filipino citizen or alien residing in the Philippines who has the
qualifications under the Act may adopt of he/she:
1. Legal Age
2. Is at least 16 years older than the adoptee, except when the adopter is
the biological parent or sibling of the adoptee or the spouse of adoptee’s
parent
3. Has the capacity to act and assume all the rights and duties incident to
the exercise of parental authority
4. Is of good moral character and has not been convicted of any crime
involving moral turpitude
5. Is in position to support, educate and care for his/her legitimate and
illegitimate children and the child to be adopted
6. Has undergone pre-adoption services as required by the Act