Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
‘Second Regular Session

House BiLt No. 8695

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADMINISTRATIVE
ADOPTION PROCEEDING OF FILIPINO AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Adoption, under Republic Act No. 8552, otherwise known as the “Domestic Adoption Act of
1998”, is a social-legal process providing a permanent family to a child whose parents have either
voluntarily or involuntarily relinquished parental authority over the child.

‘The social and legal aspects of adoption entail tedious processes and high cost. Only when the
petitioners were able to convince the court that they are qualified to adopt, and that the adoption would
redound to the best interest of the adoptee will an adoption decree be issued and the adoptive parents
could enjoy the effects/benefits of legal adoption.

On the average, only 177 cases were issued Adoption Decrees - of which only 60% were
finalized within one to three years - among the children with a Certification Declaring a Child Legally
Available for Adoption (CDCLAA) that were matched to local adoptive families and for which a
Petition for Adoption in court was filed.

This motivated the Department of Social Welfare and Development (DSWD) to lobby for a law
espousing Administrative Adoption following the Doctrine of Primary Jurisdiction. Hence, this bill
seeks to take adoption into the realm of administrative proceeding in order to expedite the process,
reduce the cost on the part of the petitioners and de-clog many court cases thus, benefitting the public in
general and encourage more individuals or couples to adopt children.

One principle enunciated in this doctrine states that an administrative agency may provide an
orderly procedure prescribed by law with respect to matters peculiarly within the competence of that
agency. Adoption is a statutory mandate of the DSWD. Since time immemorial, rules and policies have
been in place and the implementation have caused many adoptees to enjoy the fullness of life they have
today. Reference may be made to printed successful adoption stories and even those shared during
adoption activities.

The State even recognized the competence of the Department by virtue of RA 9253 or "An Act
Requiring Certification of the Department of Social Welfare and Development (DSWD) to Declare A
“Child Legally Available for Adoption’ as A Prerequisite for Adoption Proceedings" where the
declaration of abandonment of a child which used to be a judicial proceeding was transferred to the
Department.

The same view was adopted by the passage of RA 11222, otherwise known as the “Simulated
Birth Rectification Act”. The transfer of the process contemplated in the statutes is the exercise of
competence being referred to and within the ambit of the doctrine.

Taking adoption into the realm of administrative proceeding will hasten the process, minimize
the cost on the part of the petitioners and de-clog numerous court cases thus, benefitting the public in
general and encourage more individuals or couples to adopt children.


Considering the above premises and for the best interest and welfare of the children awaiting
permanent family, the immediate approval and passage of this bill into law is immediately sought.

OfGare

ANGELINA “HELEN” D.L. TAN, M.D.
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

EIGHTEENTH CONGRESS
‘Second Regular Session

nouse put no, 8695

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADMINISTRATIVE
ADOPTION PROCEEDING OF FILIPINO AND FOR OTHER PURPOSES:

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Domestic Administrative Adoption
Act”,

SEC, 2. Declaration of Policy. - It is hereby declared the policy of the State to ensure that every
child remains under the care and custody of the parents and be provided with love, care, understanding
and security towards the full and harmonious development of the child's personality. Only when such
efforts prove insufficient and no appropriate placement or adoption within the child's extended family is,
available shall adoption by an unrelated person be considered.

In all matters relating to the care, custody and adoption of a child, his/her best Interest shall be
the paramount consideration in accordance with the tenets set forth in the United Nations (UN)
Convention on the Rights of the Child; UN Declaration on Social and Legal Principles Relating to the
Protection and Welfare of Children with Special Reference to Foster Placement and Adoption,
Nationally and Intemationally; and the Hague Convention on the Protection of Children and
Cooperation in Respect of Inter-country Adoption. Toward this end, the State shall provide altemative
protection and assistance through foster care or adoption for every child who is neglected, orphaned, or
abandoned.

Te shall also be the State policy to:

(@ Safeguard the biological parents from making hasty decisions to relinquish his/her parental
authority over his/her child;

i) Prevent unnecessary separation of the child from his/her biological parent(s);

ii) Protect the adoptive parent(s) from attempts to disturb his/her parental authority and custody
over his/her adopted child;

(iv) Conduct public information and educational campaigns to promote a positive environment
for adoption;

(v) Ensure that sufficient capacity exists within goverment and private sector agencies to handle
adoption inquiries, process domestic adoption applications, and offer adoption- related services
including, but not limited to pre/post-adoption services and counselling for the biological parent(s), child
and adoptive parent(s);

(vi) Encourage domestic adoption so as to preserve the child's identity and culture in his/her


native land, and only when this is not available shall inter-country adoption be considered,

No child shall be a subject of administrative adoption unless the status of the child has been
declared legally available for adoption either in judicial or administrative proceedings except in cases of
relative or step-parent adoption where such declaration is not required. Independent Placement cases
will be covered by the provisions of this Act if the child is already in the custody, of their custodian
before the effectivity of the law.

It is hereby recognized that the administrative adoption processes under the jurisdiction of the
Department of Social Welfare and Development for the cases of legally-available children, relative,
step-parent and adult adoptees are the most expeditious proceedings that will redound to their best
interest.

SEC. 3. Objectives. - This Act shall provide for and allow simpler and inexpensive domestic
administrative adoption proceedings.

SEC. 4. Definition of Terms. - As used in this Act:

(@) A child legally available for adoption - a child or person, whose case is abandoned, neglected
or surrendered and who has been voluntarily or involuntarily committed to the Department or to a duly
licensed child11 caring/child-placing agency and issued with a Certification declaring him/her available
for adoption;

(©) Abandoned Child - refers to one who has no proper parental care or guardianship or whose
parent(s) has deserted him/her for a period of at least three (3) continuous months and has been
judicially declared as such;

(©) Actual Custodian - the guardian or spouses who raised a child/person and consistently treated
him/her as his/her/their own child.

1g a permanent family to a child whose parents

(@ Adoption - the socio-legal process of provic
Voluntarily or involuntarily given up their parental rights;

(©) Application/Petition - refers to the application form duly accomplished and signed by the
prospective adoptive parents, the home study report including its supporting documents;

(f) Certification Declaring a Child Legally Available for Adoption (CDCLAA) — shall refer to
the final written administrative order declaring the dependent, abandoned, and neglected child to be
legally available for adoption and committing such child to the care of the duly-licensed child
caring/placing agency or institution;

) Child - a person below eighteen (18) years of age or a person 18 years or over but is unable to
fully take care or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination
‘because of physical or psycho-social disability or condition;

(b) Child-placing agency- refers to a private, non-profit or charitable-institutions or goverment
agency duly licensed and/or accredited by the Department to provide comprehensive child welfare
services. Including but not limited to receiving applications for adoption/foster care, evaluating the
PAPs/Foster Parents, preparing the home study report and all other processes required for adoption (IRR
of Republic Act No. 8552);

(D Child-caring agency - refers to a private non-profit or government agency duly registered,
licensed and accredited by the DSWD that provides twenty-four (24) hour residential care services for
abandoned, orphaned and neglected children;

() Deed of Voluntary Commitment (DVC) - refers to the written and notarized instrument
relinquishing the parental authority and committing the child to the care and custody of the Department


executed by the child's biological parent(s) or legal guardian or a person exercising substitute parental
authority over the child, to be signed in the presence of a social worker and the notary public, after
counselling and other services have been made available to encourage the biological parent(s) to keep
the child;

() Department - the Department of Social Welfare and Development (DSWD);

(@ Domestic Adoption - the adoption proceeding which is undertaken, between a Filipino child
and eligible adoptive parents;

(a) Foster care - refers to the provision of planned temporary substitute parental care to a child
by a foster parent;

(a) Foster child- refers to a child placed under foster care;
(©) Foster parent - refers to a person, duly licensed by the Department, to provide foster care;
(p) Foundling- a person whose facts of birth are unknown;

(q) Home study report refers to a written report prepared by a social worker containing
necessary information on a prospective parent or family member;

(© Involuntarily Committed Child - “one whose parent(s), known or unknown, has been
permanently and judicially deprived of parental authority due to abandonment; substantial, continuous
or repeated neglect; abuse or incompetence to discharge parental responsibilities;

(8) Matching - the judicious selection from the regional or 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 adoptive parents to provide such needs and promote a mutually satisfying parent-child relationship,

(H Neglected - one whose basic needs have been deliberately unattended or inadequately
attended within a period of three (3) continous months;

(u) Placement - refers to the physical entrustment of the child with the foster parent or to the
adoptive parents;

(v) Post adoption services- refer to psycho-social services and support services provided by
professionally trained social workers after the issuance of the Certificate of Adoption;

(w) Prospective Adoptive Parents (PAPs) - refer to a person or married couple who have filed an
application for administrative adoption and whose application has been approved;

(«) Regional Director- the head of the regional office of the Department;

(9) Relative/next of kin - someone who is within the fourth degree of consanguinity or affinity;

(2 Secretary - the Secretary of the Department;

(22) Simulation of birth - the tampering of the civil registry making it appear in the birth records
that a certain child was bom to a person who is not the biological mother, causing the loss of the true
‘identity pf the child;

(bb) Social Welfare Development Officer- a person who is a duly licensed social worker and
appointed by the local chief executive to head the provincial, city or municipal social welfare

development office which serves as the frontline of the local government unit in the delivery of spcial
welfare and development programs and services;


(cc) Social Worker - refers to a licensed practitioner who by academic training and social work
professional experience possesses the skill to achieve the objectives as defined and set by the social
‘work profession, through the use of the basic methods and techniques of social work (case work, group
work, and community organization) which are designed to enable, individuals; groups and communities
to mect their needs and to solve the problems of adjustment to a hanging pattern of society and, through
coordination with an organized social work agency which is supported partially or wholly from
‘government or community solicited funds;

(da) Step-Parent - a parent who is married to the mother or father of a child, but who is not that
child's biological mother or father.

(ce) Surrendered Child - a child whose parent(s) knowingly and voluntarily relinquished parental
authority to the Department or to a duly licensed Child8 Placing/Child-Caring Agencies;

(ff) Supervised trial custody - is a period of six (6) months within which the social worker
oversees the adjustment and emotional readiness of both the adopter(s) and adoptee in stabilizing their
filial relationship

ARTICLE II
PRE-ADOPTION SERVICES

Services. - It shall be the duty of the Department, child caring/placing agencies, as well
as city, municipal, or barangay social workers when appropriate, to provide necessary and appropriate
counselling services by licensed social workers to the following:

(@ Biological Parent(s) - Counselling shall be provided to the parent(s) before and after the birth
of his/her child. No binding commitment to an adoption plan shall be permitted before the birth of
his/her child. In all proceedings for adoption, the Department shall require proof that the biological
parent(s) has been properly counselled to prevent hinvher from making hurried decisions caused by
strain or anxiety to give up the child, and to sustain that all measures to strengthen the family have been
exhausted and that any prolonged stay of the child in his/her own home will be inimical to his/her
‘welfare and interest.

‘A period of three (3) months shall be allowed for the biological; parent(s) to reconsider any
decision to relinquish his/her. child for adoption. Counselling and rehabilitation services shall also be
offered to the biological parent(s) after he/she relinquished his/her child for adoption.

(©) Prospective Adoptive Parent(s) (PAPs) - Counselling sessions, adoption fora and seminars,
among others, shall be provided to prospective adoptive parent(s) to resolve possible adoption issues and
to prepare hinvher for effective parenting.

Adoption telling shall be one of the central themes of the fora/seminar to equip the prospective
adoptive parents with the ability to divulge the adoption to the adoptee in a manner that will strengthen
the parent-child relationship,

(©) Prospective Adoptee - Counselling sessions shall be provided to ensure that he/she
‘understands the nature and effects of adoption and is able to express his/her views on adoption in
accordance with his/her age and level of maturity.

Barly disclosure of adoption as a proven helpful practice shall be mandatory for children four (4)
years old and above. A licensed social worker must conduct adoption-themed activities to such children
‘which in tum will inculcate in their young minds the positive aspects of adoption.

Local government units shall ensure the provision of these services by the enactment of policies,
the allocation of funding, as well as implementation, as mandated by R.A. No. 7160.

SEC. 6. Location of Unknown Parent(s). - It shall be the duty of the Department, Local


Government Unit or the child-placing or the child-caring agency which has custody of the child to exert
diligent efforts using, but not limited to tri-media and any other possible means fo locate his/her
unknown biological parent(s) or immediate relatives in order to determine his/her/their permanency plan
over the child. If such efforts fail, the child shall be registered as a foundling and subsequently be the
subject of administrative proceedings where he/she shall be declared abandoned.

ARTICLE Ill
ELIGIBILITY

SEC. 7. Who May Adopt. - The following may adopt:

(@) Any Filipino citizen, at least ewenty-five (25) years of age, in possession of full civil capacity
and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude,
emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the
adoptee, and who is in a position to support and care for his/her children in keeping with the means of
the family. The requirement of sixteen (16) year difference between the age of the adopter and the
adoptce may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the
adoptee's parent; or

(©) A foreigner who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or

(©) A foreigner who is married to a Filipino citizen and secks to adopt jointly with his/her spouse
a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse, provided the
spouses are habitually residing In the Philippines; or

(@) A foreigner possessing the same qualifications as above stated in paragraph (a) for Filipino
nationals, who may or may not be married to a Filipino citizen and who wishes to adopt an unrelated
child, provided he/she is a permanent resident of the Philippines or has been living in the Philippines for
at least two (2) continuous years prior to the filing of the application for adoption, and maintains such
residence until the adoption decree is entered, or

(©) The legal guardian with respect to the ward after the termination of the guardianship and
clearance of his/her financial accountabilities;

(O The foster parent with respect to his/her foster child;
(g) The actual custodian with respect to the child or person who has been under his/her care and
whom he/she genuinely and consistently treated as son or daughter, Husband and wife shall jointly
adopt, except in the following cases:
( if one spouse seeks to adopt the legitimate son/daughter of the other;

Gi) if one spouse secks to adopt his/her own illegitimate son/daughter; Provided, however, that
the other spouse has signified his/her consent thereto;

ii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt, or one spouse adopts his or her own illegitimate son or
daughter, joint parental authority shall be exercised by the spouses.

SEC. 8. Who May Be Adopted. -The following may be adopted:

(a) Any Filipino child below eighteen (18) years of age who has been administratively or
judicially declared available for adoption;

(©) The legitimate son/daughter of one spouse by the other spouse;


(© An Illegitimate son/daughter by a qualified adopter to improve his status to that of legitimacy;

(@ A Filipino 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;

(©) A foster child;
(A child whose adoption has been previously rescinded; or

(g) 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 parent(s).

SEC. 9. Whose Consent is Necessary to the Adoption. - After being properly counseled and
Informed of the right to give ot withhold approval of the adoption, the written consent of the following
to the adoption is hereby required:

(@) the adoptee, if ten (10) years of age or over;

(b) the biological parent of the child, if known, or the legal guardian who has legal custody of the
child, except in the case of a Filipino 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;

(©) the legitimate and adopted sons/daughters, ten (10) years of age or over, with appropriate
comprehension, of the adopter and adoptee, if any;

(@ the illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said
adopter and the latter's spouse, if any; and

(©) the spouse, if any, of the person adopting or to be adopted.

SEC. 10. Documentary Requirements. - The Prospective Adoptive Parent(s) (PAPs) shall attach
the following to the Petition for Adoption and shall submit the same to the adoption resource and
referral unit in the regional field office of the Department:

(a) Home Study and Child Study Report duly prepared pursuant to the provisions of R.A. No.
8552 as amended by R.A. No. 9523;

(6) Authenticated/security paper copies of birth record of the PAPs and the child;

(©) Authenticated/security paper copies of marriage Certificate, if the PAPs are married; or Court
Decision/Certificate of Finality, if annulled, divorced or legally separated;

(4) NBU/Police Clearance; If foreigner, clearance from police authorities where he or she has
lived for more than twelve (12) months anytime in the past fifteen (15) years;

(©) Written consent to the adoption by the biological parent(s) or the person(s) exercising
substitute parental authority over the child and the written consent of the child if at least ten (10) years
old, signed in the presence of the social worker of the Department or child caring agency, or social
worker, if the child placing agency for cases where the child is from a foster home, after proper
counseling as prescribed in this Act;

(H Authenticated/security paper copies Death Certificate of biological parent(s), as applicable;

(e) Original copy of the Certification Declaring a Child Legally Available for Adoption
(CDCLAA), as applicable;

(h) Result of recent medical evaluation of the child and PAPs;


() Mandatory Result of Psychological Evaluation of the PAPs, pursuant to R.A. No. 8552, to
ensure additional safety net for the child;

() Mandatory Result of Psychological Evaluation of the child, pursuant to R.A. No. 8552, for
children 5 years old and above;

© Child-care plan with list of at least three temporary custodian of the child in order of
preference in case of death, absence or incapacity of the PAPs;

( Letter attesting to the character and general reputation of the PAPs from at least three (3) non-
related character references, of whom one must preferably come from an employer/supervisor or with
whom the PAP(6) have business dealings. The contact details of the person attesting must be so
indicated in the letter;

(mm) Recent close-up and whole body pictures of the child and PAPs taken within the last six (6)
‘months; and

(1) Documents showing the financial capacity of the PAPs (i.e. ITR, bank account, certificate of
employment etc.

‘The social worker of the Department, Local Government Unit and Child-Caring/Placing
Agencies is not precluded from asking for additional documents he may deem necessary as proof of
facts alleged in the petition or to establish, a factual claim,

ARTICLE IV.
PROCEDURE

SEC. 11. Case Study and Home Study Report. - A licensed social worker from the social service
office of the local government unit, or any child-placing or child-caring agency or an adoption social
‘worker with at least three (3) years experience in handling adoption cases, as certified by the department
shall conduct a case study of the adoptee, his/her biological parent(s), as well as the Home Study Report
of the adopter(s), pursuant to R.A. No, 8552 as amended by R.A. Np, 9523, and shall submit the report
and recommendations on the matter to the respective Regional Field Office of the Department as among
the supporting documents of the petition.

The case studies and other relevant documents and records pertaining to the adoptee and the
adoption shall be preserved by the Department.

SEC. 12. Matching Process. - There shall be a matching process for cases of legally available
children thirty (30) calendar days after the issuance of the CDCLAA or the next matching conference,
whichever is applicable. The matching of the child to an approved prospective adoptive parent/s shall be
carried out during the regular matching conference by the Matching Committee in the regional level
otherwise called the Child Welfare Specialist Group (CWSG) where the social workers of the child and
the prospective adoptive parents are present. Subject to the approval of the Department, the CWSG shalt
fix its own internal rules and procedures. However, the records of children and approved prospective
adoptive parent/s not matched after two (2) presentations in the regional level shall be forwarded to the
Department's Central Office for inclusion in the interregional matching presentation; Provided further
that childfen with special needs shall be immediately forwarded if not matched in the first meeting,
‘except under special circumstances. The matching proposal made by the CWSG shall be approved by
‘the Department.

Cases of step-parent adoption, relative adoption, and adult adoption, shall not undergo the
‘matching process, provided that the child and the prospective adoptive parent/s have beea living in one
household for not less than two (2) years. Instead, the Department shall automatically issue the PAPs
with Pre-adoption Placement Authority (PAPA), as assessed and recommended by the social worker.


SEC. 13. Issuance of Pre-Adoption Placement Authority. - Once a child is matched to an
approved prospective adoptive parent(s) and was subsequently accepted, the Department shall authorize
the pre-adoption placement of the child to the PAPs.

SEC, 14, Supervised Trial Custody. — After the matching process and issuance of Pre-Adoption
Placement Authority (PAPA), the Department shall, give the adopter(s) trial custody of the adoptee for a
period of six (6) months within which the parties are expected to adjust psychologically and emotionally
to each other and establish a bonding relationship. The trial custody shall be monitored monthly by the
social worker who prepared the home study report and submit a report regarding the placement.

During said period, temporary parental authority shall be vested in the adopter(s). The trial
custody may be waived in cases of step-parent, relative and adult adoptions, as assessed and
recommended by the social worker.

Further, for regular cases, the STC may be reduced or lengthened or waived depending on the
assessment and recommendation of the social worker, and the express consent of the prospective
adoptive parents.

For independently placed cases, the social worker shall prepare one post2 placement report
recommending the qualified adoptive parent(s) to continue his/her/their parental obligations towards the
child or adoptee.

Jn case the adoption/placement did not prosper, the social worker must provide the necessary
services and interventions to ensure that the child is protected and his/her needs are adequately

responded.

SEC. 15. Petition for Administrative Adoption. - The thriving parent-child relationship during
‘STC period as substantiated by the monthly monitoring report of the social worker shall give rise to the
filing of a Petition for Adoption.

The petition for adoption shall be prepared and signed by the petitioner prospective adoptive
parents. The said petition shall be notarized and state the facts necessary to establish the merits of the
petition. The petitioner must specifically allege that he/she is at least 25 years of age, in possession of
full civil capacity and legal rights; is of good moral character; has not been convicted of any crime
involving moral turpitude; is emotionally and psychologically capable of caring for children; is at least
sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee or is
the spouse of the adoptee's parent; and is in a position to support and care for his/her/their children in
‘keeping with the means of the family and has undergone pre-adoption services. The petition should also
indicate the new name the petitioner wishes the child to have, if any.

‘The petition for administrative adoption shall be in the form of an affidavit and shall be
subscribed and swom to by the petitioner(s) before any person authorized by law to administer
affirmations and oaths.

No subsequent petition for administrative adoption involving the same PAPs shall be entertained
unless the prior petition has attained finality.

‘SEC. 16. Where to file the Petition. -The petition together with complete and original supporting
documents shall be filed by the petitioner(s) with the DSWD Regional Office of the city or municipality
where the PAPs reside.

Upon receipt by the DSWD Regional Office of the petition and its supporting documents, a copy
of the petition shall be published once a week for three (3) successive weeks in a newspaper of general
circulation.

SEC. 17, Administrative Adoption Process. -The Regional Director shall review the petition and
its supporting documents. The Identity of the child and the petitioner, including the motivation to adopt,


shall be personally determined by the RD through the documents and interview with the petitioner and
the child. The RD shall have thirty (30) days to examine the petition and its supporting documents and
determine whether the same is sufficient in form and substance. After an extensive personal interview
with both the child and the petitioner, he or she shall render a recommendation and forward the petition
and its supporting documents within seven (7) days from the expiration of the thirty (30) day period. The
Secretary shall act and decide on the recommendation within thirty (30) days from receipt thereof.

If the RD finds that the petition is insufficient in form or substance, the RD shall return the same
to the petitioner with a written explanation of its insufficiency.

SEC. 18. Objection to the Petition. - Any person who has personal knowledge of any information,
which by ordinary diligence could not be discovered, and which when introduced and admitted, would
result in the denial of the Petition and protect the child from possible harm or abuse may at any time
during the STC or before the issuance of the Order of Adoption, interpose an objection to the petition
and file a complaint supported by evidence to that effect, with the Office of the Secretary of the
Department, through the Office of the Regional Director of the DSWD-Field Office where the petition
‘was filed. The complaint will be subjected to verification and further investigation.

SEC. 19. Order of Adoption. - If the supervised trial custody is satisfactory to the parties and the
Department is convinced that, from the trial custody report, the petition and its supporting documents
that the adoption shall redound to the best interest ofthe child or prospective adoptee, the Secretary shall
‘issue an Order of

Adoption which is registrable civil registry document stating the name by which the child shall
be known and shall likewise direct the following to perform the actions as stated:

(1) the adopter to submit a certified true copy of the Order of adoption to the Civil Registrar
where the child was originally registered within thirty (30) days from receipt of the Order of Adoption.

) the Civil Registrar of the place where the adoptee was registered:

(@) to seal the original birth record in the civil registry records which can be opened only upon
order of the Secretary of the Department; and

(b) to submit to the Department proof of compliance with all the foregoing within thirty (30)
days from receipt of the Order of Adoption.

An administrative adoption order obtained under this Act shall have the same effect as a decree
of adoption issued pursuant to R.A. No. 8552, otherwise known as the "Domestic Adoption Act of
1998". A Motion for Reconsideration may be filed within fiftcen (15) days from an Order denying the
adoption.

SEC. 20. Judicial Recourse. - Orders of Adoption may be appealed before the Court of Appeals
within five days after notice to all the parties.

SEC. 21. Benefits of Prospective Adoptive Parent(s). - The prospective adopter(s) shall enjoy all
the benefits entitled to biological parents, including but not limited to, maternity and paternity leave, the
ability to add the adoptee as health/tax dependents that can be availed through the Social Security
System (SSS), Department of Labor and Employment (DOLE), Bureau of Intemal Revenue (BIR),
Health Maintenance Organization (HMO) providers, among others to which the biological parent(s) is
entitled from the date the adoptee is issued with PAPA.

SEC. 22. Civil Registry Record. - An amended certificate of birth shall be issued by the Civil
Registry, pursuant to the Order of Adoption, attesting to the fact that the adoptee is the child of the
adopter(s) by being registered with his/her surname. The original birth record shall be stamped
“cancelled” with the annotation of the issuance of an amended birth certificate in its place and shall be
sealed in the civil registry records. The new birth certificate to be issued to the adoptee shall not bear


any notation that it is an amended issue.

SEC. 23. Database. -The Department shall keep a database showing the date of issuance of the
Order in each case, compliance by the Civil/Municipal Registrar with the preceding section and all
incidents arising after the issuance of the Order of Adoption. This database shall be governed by the
provision directly below, as well as the provisions of R.A. No. 10173 or the "Date Privacy Act of 2012"

SEC. 24. Confidentiality. - AM petitions, documents, records, and papers relating to
administrative adoption proceedings in the files of the city or municipal SWDOs, the DSWD Central
and Field Offices, or any other agency or institution participating in such proceedings shall be kept
strictly confidential. If the disclosure of certain information to a third person is necessary for security
reasons or for purposes connected with or arising out of the administrative adoption and will be for the
best interest of the adoptee, the Secretary may, upon appropriate request, order the necessary
information released, restricting the purposes for which it may be used and in accordance with the
existing laws on data privacy.

Th any cvent, the disclosure of any information shall only be allowed upon the Order of the
Secretary, based on the written request of the adoptee or in the case of a minor adoptee, his or her legal
guardian or the Adoptive Parent or upon order of any lawful authority;

Any violation of the confidential nature of the records above-mentioned shall be punishable
‘pursuant to the penal provisions of the Act, R.A. No. 10173 or other relevant laws.

SEC, 25, Fees. -The city or municipal SWDO, DSWD, the Office of the Local Civil Registrar
(LCR), Child Caring/Placing Agencies may charge socialized fees to those who avail of the
administrative adoption proceedings under this Act.

ARTICLE V
EFFECTS OF ADOPTION

SEC. 26. Legitimacy. - The adoptee shall be considered the legitimate son/daughter of the
adopter for all intents and purposes and as such is entitled to all the rights and obligations provided by
law to legitimate sons/daughters born to them without discrimination of any kind. To this end, the
adoptce is entitled to love, guidance and support in keeping with the means of the family. The legal
filiation of the adoptee extends also to the immediate relatives of the adopter, such as the grandparents.

SEC. 27. Parental Authority. - Except in cases where the biological parent is the spouse of the
adopter, all legal ties between the biological parents and the adoptee shall be severed and the same shall
then be vested on the adopter.

SEC. 28. Succession. - In legal and intestate succession, the adopter and the adoptee shall have
rights of succession without distinction from legitimate filiation. However, if the adoptee and his/her
biological parents had left a will, the law on testamentary succession shall govern.

ARTICLE VI
POST-ADOPTION SERVICES

SEC. 29. Search/Tracing of Biological Family. - Upon reaching the age of majority, an adoptee
may seek the assistance of the Department, Local Government Unit or the Child Caring/Placing Agency
to trace his/her biological family and eventually have a face to face meet-up. The right of the adoptee to
know his or her identity shall take precedence over any other considerations,

SEC. 30. After-care Monitoring and Submission of Report. - Upon, finalization of the adoption
and the receipt of the amended birth certificate of the. child, the Department shall monitor the parent-
child relationship to ensure that the adoption redounded to the best interest of the child. A Closing
Summary Report shall be prepared by the handling social worker and submitted to the Office of the
Secretary of the Department after completing the after-care monitoring to the adopters and adoptees.


ARTICLE VIL
RECISSION OF ADMINISTRATIVE ADOPTION

SEC. 31. Grounds for Rescission of Administrative Adoption. - The adoption may be rescinded
only upon the petition of the adoptee with the Department, or with the assistance of the SWDO if he is a
minor, or if he is over eighteen (18) years of age but is incapacitated or by his guardian on any of the
following grounds committed by the adopter(s):

(a) repeated physical or verbal maltreatment by the adopter despite having undergone
counselling;

(b) attempt om the life of the adoptee;
(©) sexual abuse or violence; or
@ abandonment and failure to comply with parental obligations.

Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter.
However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

SEC. 32. Venue. -The petition shall be filed with the DSWD Field Office where the adoptee
resides.

SEC. 33. Time within which to file petition. - Upon existence of any ground, the adoptee or the
SWDO, must file the petition for rescission or revocation of adoption. .

SEC. 34. Order to Answer. -The Department shall issue an order requiring the adverse party to
answer the petition within fifteen (15) days from receipt of a copy thereof. The order and copy of the
petition shall be served on the adverse party in such manner as the Department may direct.

SEC. 35. Decision. - If the Department finds that the allegations of the petition are true, it shall
render decision ordering the rescission, of administrative adoption, with or without costs, as justice
requires.

‘The Department shall order that the parental authority of the biological parent of the adoptee be
restored, if known and if in the best interest of the child, if the adoptee is still a minor or ‘incapacitated
and declare that the reciprocal rights and obligations of the adopter and the adoptee to each other shall
be extinguished.

If the biological parent of the adoptee is not known, or if restoring his or her parental authority
over the adoptee is not to the latter's best interest, the Department shall take legal custody over him or
her.

‘The Department shall further declare that successional rights shall revert to its status prior to
adoption, as of the date of decision. Vested rights acquired prior to administrative rescission shall be
respected.

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

‘The Department shall further order the Civil Registrar where the adoption order was registered to
cancel the new birth certificate of the adoptee and reinstate his original birth or foundling certificate,

SEC. 36. Service of Decision. - A certified true copy of the decision shall be served by the
petitioner upon the Civil Registrar concerned within thirty (30) days.

‘The Civil Registrar shall forthwith enter the rescission order in the register and submit proof of


compliance to the Department within thirty (30) days from receipt of the order.

All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under the Penal Code ifthe eriminal acts are properly proven.

ARTICLE VII
VIOLATION AND PENALTIES

SEC. 37. Violations and Penalties. -

(a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years
and/or a fine not less than Fifty thousand pesos (P50,000.00), but not more than Two hundred thousand
pesos (P200,000.00) at the discretion of the court shall be imposed on any person who shall commit any
of the following acts:

(@ obtaining consent for an adoption through coercion, undue influence, fraud, improper material
inducement, or other similar acts;

Gi) non-compliance with the procedures and safeguards provided by the law for adoption; or
ii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.

(©) Any person who shall cause the fictitious registration of the birth of a child under the name(s)
of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of birth and shall be
punished by prision mayor in its medium period and a fine not exceeding Fifty thousand pesos
(P50,000.00)..

Any physician, midwife or nurse or hospital personnel who, in violation of his/her oath of office,
shall cooperate in the execution of the abovementioned crime shall suffer the penalties herein prescribed
and also the penalty of permanent disqualification.

Any person who shall violate established regulations relating to the confidentiality and integrity
of records, documents, and communications of adoption applications, cases, and processes shall suffer
the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or a fine of
not less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (PI0,000.00), at the
discretion of the court.

‘A penalty lower by two (2) degrees than that prescribed for the consummated offense under this
Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated,
Acts punishable under this Article, when committed by a syndicate or where it involves a child shall be
considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua.

Acts punishable under this Article are deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the
unlawful acts defined under this Article.

Penalties as are herein provided, shall be in addition to any other penalties which may be
imposed for the same acts punishable under other laws, ordinances, executive orders, and proclamations.

‘When the offender is an alien, he/she shall be deported immediately after service of sentence and
perpetually excluded from entry to the country.

Any government official, employee or functionary who shall be found guilty of violating any of
the provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-
prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations:
Provided, That upon the filing of a case, cither administrative or criminal, said government official,
employee, or functionary concerned shall automatically be suspended until the resolution of the case.


Under this Act, adoption discrimination acts, including but not limited to, labelling, shaming,
bullying, negative stigma, among others, are prohibited. Any person who shall commit said adoption
discrimination acts shall be penalized with a fine not less than Ten thousand pesos (P10,000.00) but not
‘mare than Twenty thousand pesos (P20,000.00), at the discretion of the court.

ARTICLE IX
FINAL PROVISIONS,

SEC. 38. Information Dissemination. ~ The Department, in coordination with the Department of
the Interior and Local Government (DILG), the Department of Education (DepEd), the Department of
Justice (DOJ), the Department of Health (DOH), the Council for the Welfare of Children (CWC), Civil
Service Commission (CSC), Government Social Security System (GSIS), Association of Child-Caring
Agencies in the Philippines (ACCAP), League of Cities and Municipalities in the Philippines shall
disseminate to the public information regarding this Act and its implementation,

SEC. 39. Implementing Rules and Regulations. - The Secretary, after duc consultation with the
Philippine Statistics Authority (PSA), DOJ, DILG, DepEd, DOH, Department of Labor and
Employment (DOLE), National Bureau of Investigation (NBI), Association of the Local Civil Registrars
(LCR), Inter-Country Adoption Board (ICAB), Juvenile Justice and Welfare Council (JTWC), National
Council on Disability Affairs (NCDA), Department of Foreign Affairs (DFA), Child's Rights Network,
PhilHeealth, Social Security System (SSS), Council for the Welfare of Children (CWC) and Office of the
Solicitor General, and two (2) private individuals representing child-placing and child-caring agencies
shall formulate the necessary guidelines to make the provisions of this Act operative.

SEC. 40. Appropriations. - Such sum as may be necessary for the implementation of the
provisions of this Act shall be included in the General Appropriations Act of the year following its
enactment into law and thereafter.

SEC. 41. Repealing Clause. - All laws, decrees, letters of instruction., executive issuances,
resolutions, orders or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed, modified, or amended accordingly.

SEC. 42. Saving Clause. - Nothing in this Act shall affect any right of an adoptee acquired by
judicial proceeding or otherwise before the commencement of this Act.

SEC. 43. Transitory Clause. - All judicial petitions for domestic adoption pending in court upon
the passage of this Act may be withdrawn, and parties to the same shall be given the option to avail of
the benefits of this Act.

SEC. 44. Separability Clause. - If any provision or part of this Act is declared unconstitutional or
Invalid, the remaining parts or provisions not affected shall remain in full force and effect.

SEC. 45. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,