ALTERNATIVE FAMILY CARE PROGRAM

ALTERNATIVE FAMILY
CARE PROGRAM
Domestic Adoption Act (RA 8552)
Inter-Country Adoption Act (RA 8043)
Foster Care Act (RA 10165)

Complementary Law: RA 9523 (CDCLAA)
by
ATTY. GERAMER V. DURATO

Legal Officer
1
“EveryChild
Deserves a Family”
Domestic Adoption Act (RA 8552)
ALTERNATIVE FAMILY
CARE PROGRAM
2
“Every Child
W H AT W E N E E D TO K N O W ?
Adoption Foster Care
...is a socio-legal process ...is a planned temporary
of providing a permanent substitute parental care to a
family to a child whose child by a licensed family
parents have voluntarily or when his/ her biological
involuntarily relinquished parents are unable to care for
parental authority over the him/ her temporarily.
child. Goal: “Return the child to
the biological family” 3
“Every Child
W H AT W E N E E D TO G E T
FA M I L I A R W I T H ? ( 1 S T )
Voluntarily Committed Involuntarily Committed
...one whose parent(s) ...one whose parent (s) has
knowingly and willingly been permanently and
relinquishes parental authority judicially deprived of parental
to the Department (thru duly authority (thru judicial
execution of Deed of Voluntary declaration/ court order).
Commitment -DVC).
4
“EveryChild
FA M I L I A R W I T H ? ( 2 N D )
Abandoned Child Neglected Child
...one who has no proper ...one whose needs have
parental care for a period of been deliberately unattended
at least 6 continuous or inadequately attended
months and has been within a period of 3
judicially declared as such. continuous months.
• PHYSICAL neglect
• EMOTIONAL neglect
5
“Every Child
FA M I L I A R W I T H ? ( 3 R D )
Child Placing Agency Child-Caring Agency
...a duly licensed and ...a duly licensed and
accredited agency by the accredited agency by the
Department to provide Department that provides 24-
comprehensive child hours residential care services
welfare services. for abandoned, orphaned,
• May receive and
neglected, or voluntarily
process Application
for Adoption committed children.
6
“Every Child
FA M I L I A R W I T H ? ( 4 T H )
Prospective Adoptive Simulation of Birth
Parents (PAPs) ...is the tampering of the
civil registry making it appear
...any individual/ couple in the birth records that a
who manifest their intention certain child was born to a
to adopt a child. person who is not his/her
biological mother, causing such
child to lose his/ her true
7
identity and status.
“EveryChild
W H AT W E N E E D TO
U N D E R S TA N D A B O U T S TAT E
P O L I C I E S O N M AT T E R S
R E L AT I N G TO A D O P T I O N ?
8
“EveryChild
The State shall:
DECLARATION • Ensure that every child remains under

OF the care and custody of his/her parents
POLICY to provide love, care, understanding and
security;
• Contemplate the best welfare and

interest of the child as paramount
consideration in all matters relating to
care, custody and adoption of a
neglected, surrendered, orphaned,
abused, or abandoned child;
9
“EveryChild

The State shall:
DECLARATION •Safeguard the biological parent(s) from

making hurried decisions;
OF
POLICY
•Prevent the child from unnecessary
separation from his/ her bio-parents;
•Protect adoptive parent(s) from attempts

to disturb his/ her parental authority and
custody over his/ her adopted child;
10
“EveryChild

The State shall:
DECLARATION •Guarantee that any voluntary or
OF involuntary termination of parental
POLICY 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;
11
“EveryChild
The LoCUS of the law is to

provide:
IN A
NUTSHELL... •Love;
•Care;
•Understanding, and;
•Security
12
“EveryChild
It gives priority to children who are,
IN A SONA :
NUTSHELL... • Surrendered
• Orphaned;
• Neglected;
• Abandoned/ abused;
13
“EveryChild
Known Adoptive Deserves a Family”
Families
HOLLY WOOD
14
“EveryChild
Angelina Jolie and Brad Pitt

MADDOX already have 6 children, 3
of them adopted. Jolie
earlier adopted Cambodian-
born Maddox in 2002,
before her relationship with
Pitt (he legally adopted
Maddox later); then the
couple adopted Zahara from
Ethiopia in 2005, and
Vietnamese Pax in 2007
ZAHARA PAX
“EveryChild
Basic Instinct Sharon

Stone has 3 adopted
sons: Roan, Laird and
Quinn
Hugh Jackman,
who has been
voted as the
sexiest man alive,
has 2 adopted
kids, Oscar
Maximillian and
Ava Eliot.
“EveryChild
Known Adoptive Deserves a Family”
Families
FILIPINO CELEBRITIES
18
“EveryChild
Kristine and Oyo Boy Sotto

Judy Ann Santos and fostered and eventually
Ryan Agoncillo adopted a adopted Kiel
child, Yohan
“EveryChild
MEGA STAR- SHARON

CUNETA to their adopted son,
Miguel:
“All of us love you so

much and we’re so proud
to have you . And I don’t
know but… maybe you
are why God didn’t really
give me a son to deliver
kasi, you were coming.”
“EveryChild
Secular vs. Religious

PERSPECTIVES
21
“Every Child
WHAT DOES THE BIBLE SAY?

Psalm 82:3 English Standard Version (ESV) Matthew 18:5 New International Version
(NIV)
3 Give justice to the weak and

the FATHERLESS; 5 And whoever welcomes
maintain the right of the one such CHILD in my
afflicted and the destitute.
name welcomes me.
22
“EveryChild
WHAT DOES THE BIBLE SAY?
Adoption is also a DECREE countenanced by God.
23
PHILOSOPHY
BEHIND ADOPTION
Used to be for the benefit of the adopter especially for

childless couples;
Merely looked upon as an act of generosity on the part of
the adopter;
Intended to afford to persons who have no children of
their own the consolation of having one,
AT PRESENT: PARAMOUNT
CONSIDERATION IS THE BEST
INTEREST AND WELFARE
OF THE CHILD
Adoption is designed to provide homes, parental care
and education for unfortunate, needy or orphaned
children;
Gives them the protection of society and family;

Allow childless
couples or persons
to experience the
joys of parenthood
and manifest their
natural parental
instincts.
ADOPTION OF CHILDREN: ITS PSYCHO-
SOCIAL ASPECTS
Adoption is building a family through the legal

channel which involves the transfer of the bio-parent’s
rights and responsibilities to the adoptive parents thus
creating a legally binding parent-child relationship.
PSYCHO-SOCIAL ASPECTS
CONSEQUENCES BIOLOGICAL ADOPTIVE
PARENTS PARENTS
•EMOTIONAL HURT, GRIEF JOY
•PSYCHOLOGICAL GUILT FEAR, DOUBTS,

APPREHENSION
•SOCIAL CONDEMNATION ACCEPTANCE

Adoption is the solution to the problems
confronting the three parties:
>Child -homelessness
>Birthparents -unwanted pregnancy

& other situations
>PAPs -infertility or childlessness

THREE CHARACTERS
BIRTH PARENTS
>unwanted pregnancy (social pressures, guilt and shame
may push her to commit her baby for adoption)
>baby outside of her marriage (to keep it secret)
>extreme poverty coupled with low education, poor

health, child’s disability, etc (sense of relief and a sacrifice
and anguish for abandoning their child)
THREE CHARACTERS
ADOPTIVE PARENTS
>Parenthood is an integral part of married life.
Difficulty in coming to terms with INFERTILITY
>feeling of loss, inadequacy, low self-esteem
>denial, guilt, depression, frustration

>sense of helplessness
EFFECTS OF INFERTILITY
>may lead to separation

>bring the couple closer together by sharing the grief
and resolving the issue
MOTIVATION TO ADOPT SHOULD BE FOR THE SAKE OF THE CHILD

RATHER THAN “USING” THE CHILD TO BRING THE COUPLES
TOGETHER OR TO STRENGTHEN THEIR MARRIAGE.
THREE CHARACTERS
ADOPTIVE CHILD
>Studies showed the child’s need to be secured and

attached to a significant person, preferably the mother,
to enable him/her form meaningful relationships as an
adult;
> The stronger the relationship, the more traumatic the

loss and the more abrupt the loss, the more difficult it will
be to complete the grieving process;
Just like adults, the child goes through the stages of grieving:
>shock
>denial
>anger
>bargaining
>sadness/despair
>resolution
Be reminded that:
Children must be given opportunities to express

their feelings and be given information depending on
their age and maturity, on what is happening about
his/her parents and environment.
Be reminded that:
Child thinks that he/she is the cause of parents

separation, which results to:
-feeling of rejection and guilt;
-perceived himself/herself as “BAD CHILD”.
Be reminded that:
Child should be made to understand why she/he has

to move out/separate from his parents and the move
must be planned involving the child in the process.
Be reminded that:
They should not be deprived of the information

about their life history-birthplace, birthdate, parents
Adoption maybe seen as both a beginning and an ending:
>beginning of a lifelong relationship for the

adoptive couple
>ending of a relationship for the birthparents as

they relinquish their parental rights
ADOPTION: A SOCIAL WORK
I N T E RV E N T I O N
Essence of SW Practice:

TO engage with people and structures to
address life challenges and enhance wellbeing.
“EveryChild
WHAT DETAILS ONE

OUGHT TO KNOW?
41
“Every Child
WHO MAY ADOPT?

(1st) Any Filipino Citizen who:
Is of legal age, Is emotionally and psychologically
Is in position of full civil capacity capable of caring for children,
and legal rights, Is at least sixteen (16) years older
Is of good moral character, than the adoptee, and,
Has not been convicted of any Is in position to support and care
crime involving moral turpitude, for his/her children in keeping with

the means of the family.
42
“Every Child
WHO MAY ADOPT?

(2nd) Any alien possessing the same qualifications that of Filipino
nationals. Provided that:
His/her country has diplomatic relations He/she has been certified by his/her
with the Republic of the Philippines, diplomatic or consular office or any
He/he has been living in the Philippines appropriate government agency that he/she
has the legal capacity to adopt in his/ her
for at least three (3) continuous years prior
country,
to the filing of the application and
His/her government allows the adoptee to
maintains such residence until the
enter his/ her country as his/ her adopted son/
adoption decree is entered,
daughter
43
“EveryChild
WHO MAY ADOPT?

(2nd) continued (The requirements on residency and certification of the
alien’s qualification to adopt in his/ her country may be waived for the
ff:
A former Filipino citizen who seeks to adopt a relative within the fourth
(4th) civil degree of consanguinity or affinity, or,
One who seeks to adopt the legitimate son/ daughter of his/ her Filipino
spouse, or,
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. 44
“EveryChild
NOTE WELL:
 If any of the Prospective Adoptive Parents (PAPs) is a

foreign national, adoption under RA 8043 (ICA) is the proper
recourse.
45
“Every Child
WHO MAY ADOPT?

(3rd) The guardian with respect to the ward after the termination of the
guardianship and clearance of his/ her financial accountabilities:
Guardianship is the position of being legally responsible for the care of

someone who is unable to manage their own affairs.
 Any relative, friend, or other person on behalf of a resident minor or
incompetent who has no parent or lawful guardian, or the minor himself if
fourteen years of age or over, may petition the court having jurisdiction for the
appointment of a general guardian for the person or estate, or both, of such
minor or incompetent (Sec.1, Rule 93 of Rules of Court).
46
“Every Child
WHO MAY BE ADOPTED?

(1) Any person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption;
(2) The legitimate son/ daughter of one spouse by the other spouse;
(3) An illegitimate son/ daughter by a qualified adopter to improve his/ her status to that
of legitimacy;
(4) A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his/ her own child since minority;
(5) A child whose adoption has been previously rescinded; or,
(6) A child whose biological or adoptive parent(s) has died: Provided, that no
proceedings shall be initiated within six (6) months from the time of death of said 47
W H AT A R E T H E
REQUIREMENTS?
Authenticated Birth Certificate NBI or Police Clearance
Marriage Contract or Divorce, Latest Income Tax Return/ Certificate of

Annulment, Declaration of Nullity, or Legal Employment/ Savings Account
Separation documents Three (3) Character References
Written consent to the adoption by the 3x5 size pictures of the applicant(s) and
legitimate and adopted sons/ daughters, and his/ her their immediate family taken within
illegitimate sons/ daughters if living with the the last three (3) months
applicant, who are at least ten (10) years old Certificate of Attendance at a pre-
Physical and medical evaluation by a adoption forum or seminar
duly licensed physician and when Affidavit of Temporary Custody
48
appropriate, psychological evaluation
“EveryChild
FA C TO R S TO B E C O N S I D E R E D
I N E VA L U AT I N G P R O S P E C T I V E
A D O P T I V E PA R E N T S
Total personality of the applicants

Emotional maturity
Quality of marital relationship
Feeling about children
Feeling about childlessness and readiness to
adopt
Motivation
“EveryChild
PROSESO SA PAG-ADOPT
50
“EveryChild
PROSESO SA PAG-ADOPT
Petition for Adoption

GRANTED
(1) Adoption Decree
(2) Certificate of Finality
51
BENEFITS OF ADOPTION
The adoptive parents shall, with respect
to the adopted child, enjoy all the benefits
to which biological parents are entitled.
Maternity and paternity benefits and other
benefits given to biological parents upon
the birth of a child shall be enjoyed if the
adoptee is below seven (7) years of age
as of the date the child is placed with the
adoptive parents thru the Pre-Adoptive
Placement Authority (PAPA) issued by the
Department.
GROUNDS FOR RESCISSION
OF ADOPTIO N (SEC. 19)
An adoptee shall not be subject to

rescission by adopter(s). However, the
adopter(s) may disinherit the adoptee
for causes provided in Article 919 of
the Civil Code.
G R O U N D F O R D I S I N H E R I TA N C E
(1) When a child or descendant has been found guilty of an ATTEMPT AGAINST
THE LIFE of the testator, his or her spouse, descendants, or ascendants;
(2) When a child or descendant has ACCUSED THE TESTATOR OF A CRIME for
which the law prescribes imprisonment for six years or more, if the accusation has
been found groundless;
(3) When a child or descendant has been convicted of ADULTERY OR

CONCUBINAGE WITH THE SPOUSE of the testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue influence

CAUSES THE TESTATOR TO MAKE A WILL OR TO CHANGE one already made;
G R O U N D F O R D I S I N H E R I TA N C E
(5) A REFUSAL without justifiable cause TO SUPPORT THE
PARENT OR ASCENDANT who disinherits such child or descendant;
(6) MALTREATMENT of the testator by word or deed, by the child or

descendant;
(7) When a child or descendant leads a DISHONORABLE OR

DISGRACEFUL LIFE;
(8) CONVICTION OF A CRIME which carries with it the penalty of

civil interdiction. (756, 853, 674a)
The adoptee, if minor or over 18 but is
incapacitated with the assistance of
DSWD or a guardian may be
rescinded on the following grounds
committed by the adopter(s):
repeated physical and verbal
maltreatment by the adopters
despite having undergone
counseling;
attempt on the life of the adoptee;
sexual assault or violence; or
abandonment and failure to comply
with parental obligations.
“EveryChild
An Act Requiring the Certification of the

DSWD to Declare A “Child Legally Available
for Adoption” -CDCLAA (RA 9523)
Complementary Law
ALTERNATIVE FAMILY
CARE PROGRAM
57
“EveryChild
SALIENT FEATURES
Definitions:
• 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 foundling.
(under RA 8552, 6 cont.mos)
• 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.
58
“Every Child
SALIENT FEATURES
1. It transfers the resolution of Declaration of Abandonment cases to
the Department of Social Welfare and Development (DSWD).
2. The nature of the proceeding changed from judicial TO

administrative.
3. The DSWD certification shall be the primary evidence that the

child is legally available in a domestic adoption proceeding and in
an inter-country adoption proceeding.
59
“Every Child
SALIENT FEATURES
4. A petition for certification of availability for adoption can be filed
after a period of continuous abandonment or neglect of three (3)
months instead of six (6) months ( under RA 8552).
5. The grace period of six (6) months given to parents who have
issued a DVC is shortened to three (3) months. Within the 3
months the parents may restore parental authority.
6. The Certification issued by the DSWD is the sole basis for the
issuance by the Local Civil Registrar of a Foundling Certificate
for a foundling. 60
“Every Child
MAIN PURPOSE
To expedite the adoption proceedings for the

best interest and welfare of the child.
61
“EveryChild
DOES NOT REQUIRE CDCLAA
i. Adoption of an illegitimate child by any of his/ her biological parent;
ii. Adoption of a child by his/ her step-parent;
iii. Adoption of a child by a relative within the fourth (4th) degree of

consanguinity or affinity
62
“EveryChild
WHO CAN FILE A PETITION?
i. Head of a child caring agency or institution managed by the National

Government or Local Government Unit;
ii. Head or Executive Director of a licensed or accredited child-caring or

child placing agency;
iii. A Provincial, City, or Municipal Social Welfare and Development

Officer
63
“Every Child
WHO CAN FILE A PETITION?
• In case of an individual who has actual custody of the child & is

willing to adopt the child:
– the Head of the DSWD Center,
– Local Gov’t Social Worker,
– Head of CCA/CPA,
shall file the Petition for & in behalf of the individual.
64
“EveryChild
W H E R E TO F I L E ?
• The petition together with the complete supporting

documents shall be filed by the petitioner with the regional
office of the DSWD where the child was found.
65
“EveryChild
W H AT I S T H E F O R M O F
THE PETITION?
oBe in the form of an affidavit;
oContain facts establishing merits of the petition;
oState circumstances surrounding the abandonment
or neglect of the child.
66
“Every Child
W H AT A R E T H E
REQUIREMENTS?
 Social Case Study Report;
 Proof that efforts were made to locate the parent(s) or any known relatives of
the child:
 Written certification from a local or national radio or television station that the
case was aired on three (3) different occasions;
 Publication in one (1) newspaper of general circulation;
 Police report or barangay certification from the locality where the child was
found or a certified copy of a tracing report issued by Philippine National Red
Cross
 Birth Certificate, if available;
 Recent photograph of the child and photograph of the child upon abandonment 67
68
“EveryChild
Foster Care Act (RA 10165)
ALTERNATIVE FAMILY
CARE PROGRAM
69
CELEBRITIES WHO
FOSTER...
Oyo Sotto & Kristine Hermosa
Thank you Lord for our
children (Kiel)..
Bless their hearts and their

life.
I love them sooooo much!!!!
Won't trade this life for

anything else in the world.”
CELEBRITIES WHO
FOSTER...
Ryan & Judy Ann Agoncillo
Thank you Lord for our
children (Kiel)..
Bless their hearts and their

life.
I love them sooooo much!!!!
Won't trade this life for

anything else in the world.”
Sen. Mir
iam Def
her foste ensor to
"We shou r children
ld make
foster pa su r
rents are e that
provide t a b le to
he child
care the un
love, und der their
and secu erstandin
rity as if g,
KNOWN POLITICIANS their own t hey
flesh and are of
WHO ARE blood,”
FOSTERING
CHILDREN
n o t o h e r f o st er s on
Sen. Pia Cayeta in g c a r e f or
s p r o v id
Cayetano believe in v e s t m e nt
i ts e l f a n
foster children is in p p o r tu nity to
o s t o f lo s t o
because “the c i s s o h a rd to
e F il ip in o
rear a productiv
compute.”
“Every Child
Basic Terms
FOSTER CARE CHILD
refers to the provision of planned is a person below eighteen (18)

temporary substitute parental care to a years of age, or one who is over
child by a Foster Parent (FP) (18) but is unable to fully take care
of or protect oneself from abuse,
FP is a person duly licensed by the neglect, cruelty, exploitation, etc.
DSWD to provide foster care
73
“Every Child
Basic Terms
MATCHING PLACEMENT
the judicious pairing of a child with the physical transfer of the child to the
foster parent and family members foster parent(s)
Basis...
• Foster parent(s)’ capacity to
care and meet the needs, and;
• Capacity of the child to
benefit from the placement
74
“Every Child
Basic Terms
FOSTER CARE LICENSE

FOSTER PLACEMENT AUTHORITY
the document issued by the document issued by the DSWD
the DSWD authorizing the authorizing the placement of a particular

child with the foster parent
foster parent
to provide foster care.
Validity: 3 years Validity: 1 year 75

“Every Child
FEATURES
1. It is temporary –
a. short term (less than six months)

b. long-term basis (six months or
more)
2. Goal is the return of the child to

his/her biological family or
preparation for his/her permanent
placement.
76
“Every Child
DURATION OF PLACEMENT
1. Emergency Foster Care
– the immediate placement of a child to
either a licensed or not licensed foster
family due to the urgent need of the child
to be under immediate substitute parental
care. Those not licensed shall be
immediately assessed by the social worker.
77
“Every Child
Emergency Foster Care – matching may be

dispensed with in cases of emergency such as:
a) the child is found during the late hours of the

evening or during weekend;
b) The child is displaced due to disaster or

armed conflict;
c) The child needs immediate medical attention
78
“Every Child
2. Short Term
– the placement of a child for a period of
six (6) months or less as assessed by the
social worker.
3) Long Term
– the placement of a child in a foster home
for more than a year which may be due to
various reasons.
79
“Every Child
WHO MAY FOSTER?
(1st) Any Filipino Citizen who:
Is of legal age; Is of good moral character;
Is at least sixteen (16) years older than Is physically and mentally capable and
the Foster Child unless the applicant is a emotionally mature;
relative of the Foster Child; Has sufficient resources to be able to
Has a genuine interest, capacity, provide for the family’s needs, and;
commitment in parenting, and able to Is willing to be trained or receive advice
provide familial atmosphere; for the purpose of increasing or improving
Has healthy and harmonious his or her knowledge, attitudes and skills
relationship with each family member in caring for a child.
80
living with him/ her;
“EveryChild
WHO MAY FOSTER?
(2nd) An alien to qualify as a Foster Parent must:
Be legally documented;
Possess all the qualifications above-

stated;
Have resided in the Philippines for at
least twelve (12) continuous months at the
time of the application;
Undertake to maintain such residence
until the termination of placement by the
DSWD or expiration of the Foster Care
81
License
“Every Child
W H O M AY B E P L A C E D U N D E R
FOSTER CARE?
A child:
Who is abandoned, surrendered, Awaiting adoptive placement and who
neglected, dependent or orphaned; would have to be prepared for family life,
Who is a victim of sexual, physical or including a child who has already been
any other form of abuse or exploitation; matched for adoption but continues to
With special needs; receive institutional care;
Whose family members are temporarily Who needs long-term care and close
or permanently unable or unwilling to family ties but who cannot be placed for
provide the child with adequate care; domestic adoption;
82
“Every Child
W H O M AY B E P L A C E D U N D E R
FOSTER CARE?
A child:
Whose adoption has been disrupted; Who committed a minor offense but has
Who is under socially difficult; been released on recognizance, or who is
circumstances such as, but not limited to, in custody supervision, or whose case has
a street child, a child in armed conflict or been dismissed, and;
a victim of child labor or trafficking; Who is in need of special protection as

assessed by a Social Worker, an Agency,
or the DSWD
83
“EveryChild
CAN ONE CHOOSE THE AGE &

GENDER OF THE CHILD ONE
WANTS TO FOSTER?
•Yes. The foster families’ preferences in
terms of gender, age & other information of
the child they wish to foster shall be
considered but the paramount
consideration is the best welfare & interest
of the child.
84
“EveryChild
HOW MANY CHILDREN CAN

ONE TAKE FOR FOSTER?
• A licensed foster family shall take care of

a maximum of 2 children under 2 years
of age or 3 older children at any given
time except where siblings have to be
together with 1 foster family.
• In case of child with special needs, only

1 child shall be placed with a foster
family at a time.
85
“EveryChild
W H AT A R E T H E
REQUIREMENTS?
Authenticated Birth Certificate NBI or Police Clearance
Marriage Contract or Divorce, Three (3) Character References

Annulment, Declaration of Nullity, or Certificate of Attendance to a Foster
Legal Separation documents Care Forum
Medical Certificate Brgy. Certification of Residency
Latest Income Tax Return/ Certificate Certificate of Good Moral Character in
of Employment/ Savings Account the Community
Recent Family Picture
86
FOSTER CARE PROCESS
1. Inquiry 3. Submission of Reqs

2. Attendance to 4. HSR/ CSR Prep
Forum
7. Issuance of FPA
5. Issuance of FCL
8. Placement of Foster
6. Reg’l Matching Child
Conference (CWSG)
9. Supervision
87
G R O U N D S F O R T E R M I N AT I O N
OF PLACEMENT (SEC. 14)
• Return of the child to his/her biological

family
• Placement for adoption
• Referral to another foster family or
residential/facility/institution
• Death of the child/foster parent
• Expiration of the FPA
• Placement is detrimental/harmful for the
welfare of the child e.g. abuse
88
LONG-TERM FOSTER
PLACEMENT (SEC . 15 & 16)
 Child has been under foster care for more than 7 years;
 Child’s return to biological parents or placement in an

adoptive family is not imminent;
 Foster parent still qualified and licensed;
 If child is over 10 years old, child consents;
 If Foster Parent terminates placement before the child

turns 18, they must provide for the child’s education and
needs.
89
LONG-TERM FOSTER
If Foster Parent terminates placement before the

child turns 18, they must provide
for the child’s education and needs.
-Such provision shall be made in consultation

with the social worker & reduced into written
undertaking (Affidavit of Undertaking).
90
LONG-TERM FOSTER
LGUs shall promote the foster care

system in their respective
territorial jurisdictions.
91
A S S I S TA N C E A N D I N C E N T I V E S
( A R T I C L E V I I I , § 2 1 TO 2 4 )
Foster  Subsidy
Children  Health Insurance
Foster  Support Care Services
Parents  Additional Tax Exemption
92
P E N A LT I E S , A RT I C L E I X
Section 25. Penalties. –

(a) Any foster parent, found to be committing any
act of neglect, abuse, cruelty, or exploitation and
other similar acts prejudicial to the child’s
development, shall be penalized in accordance with
Republic Act No. 7610.
93
Section 25. Penalties. –

(b) An agency which violates Sections 11, 12, 13 or any
other provision of this Act and its IRR shall suffer the
following penalties:
(1) For the first violation, a fine of not less than Twenty-five
thousand pesos (PhP 25,000.00) but not exceeding Fifty
thousand pesos (PhP 50,000.00); and;
94
(2) For any subsequent violation, a fine of not less

than Fifty thousand pesos (PhP 50,000.00) but not
exceeding One hundred thousand pesos (PhP
100,000.00), and revocation of license to operate.
95
(d) If the offender is a public official, the court

may impose the additional penalty of
disqualification from office in addition to the
penalties provided in the preceding paragraph.
96
97
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ALTERNATIVE FAMILY CARE PROGRAM

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ALTERNATIVE FAMILY CARE PROGRAM

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ALTERNATIVE FAMILY

Inter-Country Adoption Act (RA 8043)

Foster Care Act (RA 10165)

ATTY. GERAMER V. DURATO

Domestic Adoption Act (RA 8552)

The State shall:

DECLARATION • Ensure that every child remains under

• Contemplate the best welfare and

DECLARATION •Safeguard the biological parent(s) from

•Protect adoptive parent(s) from attempts

The LoCUS of the law is to

It gives priority to children who are,

Known Adoptive Deserves a Family”

Angelina Jolie and Brad Pitt

Basic Instinct Sharon

Known Adoptive Deserves a Family”

Kristine and Oyo Boy Sotto

MEGA STAR- SHARON

“All of us love you so

Secular vs. Religious

WHAT DOES THE BIBLE SAY?

3 Give justice to the weak and

WHAT DOES THE BIBLE SAY?

Adoption is also a DECREE countenanced by God.

Used to be for the benefit of the adopter especially for

Gives them the protection of society and family;

Adoption is building a family through the legal

•EMOTIONAL HURT, GRIEF JOY

•PSYCHOLOGICAL GUILT FEAR, DOUBTS,

•SOCIAL CONDEMNATION ACCEPTANCE

>Birthparents -unwanted pregnancy

>PAPs -infertility or childlessness

>extreme poverty coupled with low education, poor

>Parenthood is an integral part of married life.

Difficulty in coming to terms with INFERTILITY

>feeling of loss, inadequacy, low self-esteem

>denial, guilt, depression, frustration

>may lead to separation

MOTIVATION TO ADOPT SHOULD BE FOR THE SAKE OF THE CHILD

>Studies showed the child’s need to be secured and

> The stronger the relationship, the more traumatic the

Children must be given opportunities to express

Child thinks that he/she is the cause of parents

Child should be made to understand why she/he has

They should not be deprived of the information

>beginning of a lifelong relationship for the

>ending of a relationship for the birthparents as

WHAT DETAILS ONE

WHO MAY ADOPT?

Is of legal age, Is emotionally and psychologically

Is in position of full civil capacity capable of caring for children,

and legal rights, Is at least sixteen (16) years older

Is of good moral character, than the adoptee, and,

crime involving moral turpitude, for his/her children in keeping with

WHO MAY ADOPT?

with the Republic of the Philippines, diplomatic or consular office or any

WHO MAY ADOPT?

 If any of the Prospective Adoptive Parents (PAPs) is a

WHO MAY ADOPT?

Guardianship is the position of being legally responsible for the care of

WHO MAY BE ADOPTED?

(5) A child whose adoption has been previously rescinded; or,

Marriage Contract or Divorce, Latest Income Tax Return/ Certificate of