Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No._6681

Introduced by the Honorable Ann K. Hofer

EXPLANATORY NOTE

This bill seeks to provide abandoned and neglected Filipino children a chance at having
the family care and love they deserve by codifying laws and simplifying the processes involved
in adoption.

According to the United Nations’ Children’s Right and Emergency Relief
Organization, 1.8 million children in the Philippines, comprising more than 1% of its entire
population, are “abandoned or neglected”. These children are either victims of extreme
poverty, natural disasters, or armed conflicts; or unfortunately, do not have parents who are
willing and able to take care of them. They are usually placed under institutional care through
state-run or accredited residential care facilities while others end up on the streets.

There are not enough institutions to attend to the needs of abandoned and neglected
Filipino children, not to mention the fact that these institutions cannot give the warmth and
affection that a family could provide.

This measure—a counterpart of Senator Pia S. Cayetano’s bill in the Senate—is based
on the substitute bill from the technical working group headed by Rep. Vilma Santos-Recto in
the 17" Congress. It seeks to establish a one-stop agency to improve and expedite the process
of adoption, foster care, and other modes of alternative childcare. It also makes adoption
administrative in nature to effectively streamline adoption procedures and make formal
adoption accessible.

In view of the foregoing, the immediate approval of this measure is earnestly sought.

HOFER
Second Distriét, Zamboanga Sibugay


Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No. 6681

Introduced by the Honorable Ann K. Hofer

AN ACT
CODIFYING THE ALTERNATIVE CHILD CARE LAWS, REORGANIZING THE
INTERCOUNTRY ADOPTION BOARD INTO THE NATIONAL AUTORITY FOR
CHILD CARE, AND PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
BOOK I
GENERAL PROVISIONS

ARTICLE I

Section 1. Short Title. — This Act shall be known as the “Alternative Child Care Code
of the Philippines

Sec. 2. Declaration of Policies. — The State shall defend the right of children to survival
and development including assistance to proper care, health, nutrition, early leaning and
special protection from all forms of neglect, abuse, cruelty, exploitation, or other conditions
prejudicial to their well-being. It shall provide every child who is neglected, abused,
surrendered, dependent, abandoned, under sociocultural difficulties, with an alternative family
that will provide love and care, as well as opportunities for growth and development.

The best interest of the child shall be the paramount consideration in the enactment of
alternative care, custody, and adoption policies. It shall be in accordance with the tenets set
forth in all the rights of the child enumerated under Article 3 of Presidential Decree No. 603,
otherwise known as the “ Child And Youth Welfare Code”, United Nations Convention on the
Rights of the Child (UNCRC); United Nations Guidelines on Alternative Care of Children;
United Nations Declaration on Social and Legal Principles Relating to the Protection and
Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and
Internationally, and the Hague Convention on the Protection of Children and Cooperation in
Respect of Inter-country Adoption.

Toward this end, the State shall ensure that a child without parental care or at risk of
losing it are provided with alternative care options such as foster care, kinship care, kafalah,
guardianship, or residential care, including family-like care. As such, the State shall establish
alternative care standards to ensure the quality and conditions that are conducive to the child’s
development.

‘The State shall establish a system of cooperation with the other States, through their
respective central or competent authorities and accredited bodies to prevent the sale,



trafficking, and abduction of children, and to protect Filipino children abandoned overseas who
are made vulnerable by their irregular status.
Sec. 3. Definition of Terms. — As used in this Act:

(a) Abandoned Child refers to one who has no proper parental care or

guardianship or whose parent(s) has deserted him/her for a period of at
least six (6) continuous months and has been judicially declared as such;

(b) Abandoned Filipino Child in a Foreign Country refers to a child who is
found outside the Philippine territory, unregistered or undocumented, with
known or unknown facts of birth and separated from or deserted by the
biological Filipino parent committed to a foreign orphanage or charitable
institution or in temporary informal care;

(c) Adoption refers to a process whereby a person assumes the parenting
of another, usually a child, from that person's biological or legal parent or

parents, and, in so doing, permanently transfers all rights and
responsibilities, along with filiation, from the biological parent or parents.
It shall cease to be part of alternative child care and becomes parental

care as soon as the process is complete;
(@) Alternative Child Care refers to the provision of planned substitute
parental care to a child who is orphaned, abandoned, neglected, or
surrendered, by a child caring or child-placing agency. Alternative
child care may be provided in the following ways:

(1) Foster Care refers to the provision of planned temporary substitute

parental care to a child by a foster parent;

(2) Guardianship refers to the relationship between the guardian and

the ward;

(3) Kafalah refers to the Islamic provision of alternative care without altering
the child’s original kinship status so as not to sever the link between the
adopted child and his biological parents. The new family takes care of the
child as an act of personal charity, or for compensation, depending on the
circumstances of the case;

(4) Kinship Care refers to family-based care within the child’s extended family
or with close friends of the family known to the child; or

(5) Residential Care refers to care provided in any non-family base group
setting, such as places of safety for emergency care, transit centers in
emergency situations, and all other short and long-term residential care
facilities, including orphanages and group homes; It includes family-like care
which is alternative individualized care provided under conditions that
resemble a ‘family-like’ environment where surrogate parents serve as
caregivers for children with long-term alternative care needs;

(e) Application refers to the duly accomplished application form by
prospective parents, home study report including its supporting documents;
(f) Authorized and Accredited Agency refers to the State welfare agency or a
licensed adoption agency in the country of the adopting parents which provide
comprehensive social services and which is duly recognized by the National

Authority for Child Care (NAC);

(g) Biological Parents refer to the child’s mother and father by nature or the
mother alone if the child is illegitimate;

(h) Child refers to a person below eighteen (18) years of age, or one who is
over eighteen (18) but is unable to fully take care of or protect oneself from


abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition;

(i) Child-caring Agency is a duly licensed and accredited agency by the NACC
that provides twenty four (24)-hour residential care services for abandoned,
orphaned, neglected, or voluntarily-committed children;

()) Child Case Study Report refers to a written report prepared by a social
‘worker containing all the necessary information about a child;

(k) Child Legally Available For Adoption refers to a child who has been
voluntarily or involuntarily committed to the NACC or to a duly licensed and
accredited child-placing or child-caring agency, freed of the parental authority
of his/her biological parent(s) or guardian or adopter(s) in case of rescission
of adoption;

(I) Child-placing Agency is a duly licensed and accredited agency by the
NACC to provide comprehensive child welfare services including, but not
limited to, receiving applications for adoption, evaluating the prospective
adoptive parents, and preparing the adoption home study or to implement the
foster care program;

(m) Child with Special Needs refers to a child with developmental or physical
disabilit

(n) Certificate Declaring a Child Legally Available for Adoption refers to the
final written administrative order declaring a child to be dependent,
abandoned, and neglected and committing such child to the care of NACC
through a person or duly licensed child caring/placing agency or institution.
The rights of the biological parents, guardian or other custodian to exercise
authority over the child shall cease upon issuance of the certificate declaring
a child legally available for adoption;

(0) Deed of Voluntary Commitment refers to the notarized instrument
relinquishing parental authority and committing the child to the care and
custody of the NACC executed by the child’s biological parents or by the
child’s legal guardian in their absence, mental incapacity or death, to be
signed in the presence of an authorized representative of the NACC, after
counselling and other services have been made available to encourage the
child’s biological parents to keep the child;

(p) Domestic Adoption refers to the placing of a child within the same country
as the child’s birth;

(q) Extended Family refers to a relative of a child, both on the paternal and
maternal side; within the fourth degree of consanguinity;

(®) Family refers to the parents or brothers and sisters, whether of the full or
half-blood, of the child;

(8) Foreign Adoption Agency refers to the state welfare agency or the licensed
and accredited agency in the country of the foreign adoptive parents that
provides comprehensive social services and is duly recognized by the NACC
after validation with the concemed Department of Foreign Affairs (DFA)
foreign service post;

(t) Foreign National refers to any person, not a Filipino citizen, who enters and
remains in the Philippines and in possession of a valid passport or travel
documents and visa;

(u) Foster Child refers to a child placed under foster care;

(¥) Foster Family refers to a family or person/s, alternative child caring homes
and residences and qualified alternative child custodian or foster parent, duly



licensed by the NACC, who provide foster care to a child placed for planned,
goal-directed services which will help realize the permanent life plan of the
child. A foster family may either be one of the following:

(1) Regular Family refers to a foster family, which receives material provisions
from the agency in order to help meet the basic needs of the child; or

(2) Volunteer Family refers to a foster family which does not receive any
‘material provision or incentive from the agency.

(w) Foster Parent refers to a person, duly licensed by the Department of Social
Welfare and Development (DSWD), to provide foster care;

(x) Foster Placement Authority (FPA) refers to the document issued by the
NACC authorizing the placement of a particular child with the foster parent;

(y) Foundling refers to a deserted or abandoned infant or a child found, with
unknown parents, guardian, or relatives, or a child committed in a child caring
agency or similar institution with unknown facts of birth and parentage and
registered in the Civil Registrar as a “foundling”;

(2) Guardian refers to a person with whom the law has entrusted the custody
and control of the person or estate or both of an infant, insane or other person
incapable of managing his own affairs;

(aa) Home Study Report refers to a study conducted by a licensed social worker
relative to the motivation and capacity of the prospective adoptive parents to
provide a home that meets the needs of a child or of the prospective foster
parents to provide foster care that meets the needs of a child available for
foster care;

(bb) Megal Adoption refers to an adoption that is effected in any manner
contrary to the provisions of this Code, these rules, established state policies,
executive agreements and other laws pertaining to adoption;

(cc) Inter-country Adoption refers to the socio-legal process of adopting a child
by a foreign national or a Filipino citizen. Inter-country adoption refers to the
socio-legal process of adopting a child by a foreign national or a Filipino
citizen habitually a resident outside Philippine territory which complies with
the principles stated in the Hague Convention of 1993;

(dd) Matching refers to the judicious pairing of a child with a foster parent and
family members based on the capacity and commitment of the foster parent
to meet the individual needs of the particular child and the capacity of the
child to benefit from the placement;

(ce) Parent refers to the biological or adoptive parent or legal guardian of a
child;

(ff) Placement refers to the physical entrustment of the child with the foster
parent;

(gg) Post-Adoption Services refers to psycho-social services and support
services provided by professionally trained social workers after the issuance
of the Certificate of Adoption;

(hh) Relatives refer to the relatives of a child, other than family members,
within the fourth degree of consanguinity or affinity;

(ii) Residence refers to a person's actual and legal stay in the Philippines for
‘two (2) continuous years immediately prior to the filing of application for
adoption decree is entered; Provided, That temporary absences for
professional, business or emergency reasons not exceeding sixty (60) days to
‘one (1) year shall not be considered as breaking the continuity requirement,
Provided further, That the NACC may extend this period in meritorious cases;


(ij) Social Worker” refers to a practitioner who by accepted 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 meet their needs and to solve the problems of
adjustment to a hanging pattern of society and, through coordinated action, to
improve economic and social conditions, and is connected with an organized
social work agency which is supported partially or wholly from government
or community solicited funds.

(kk) Supervised Trial Custody refers to a period of time within which a social
worker oversees the adjustment and emotional readiness of both adopter(s)
and adoptee in stabilizing their filial relationship. ; and

(ll) Voluntarily Committed Child refers to the one whose parent(s) or legal
guardian knowingly and willingly relinquished parental authority to the
NACC, or any duly accredited child-placement or child-caring agency.

Sec. 4. Guiding Principles of Alternative Child Care. — Alternative Child Care (ACC)
shall be guided by the following:

1. The family being the fundamental group of society and the natural environment for
the growth, well-being, and protection of children, efforts should primarily be directed to
enable the child to remain in or return to the care of his/her parents, or when appropriate,
extended family members;

2. The State should ensure that families have access to forms of support in the
caregiving role. Every child and young person should live in a supportive, protective, and
caring environment that promotes his/her full potential. Children with inadequate or no
parental care are at special risk of being denied such a nurturing environment;

3. Where the child’s own family is unable, even with appropriate support, to provide
adequate care for the child, or abandons, or relinquishes the child, the State is responsible for
protecting the rights of the child and ensuring appropriate alternative care, with or through
competent local authorities and duly authorized civil society organizations;

4. Itis the role of the State, through its competent authorities, to ensure the supervision
of the safety, well-being, and development of any child placed in alternative care and the
regular review of the appropriateness of the care arrangement provided;

5. All decisions, initiatives and approaches falling within the scope of the present
lines should be made on a case-by-case basis, with a view, notably, to ensuring the
"s safety and security, and must be grounded in the best interests and rights of the child
concerned, in conformity with the principle of non-discrimination and taking due account of
the gender perspective;

6. The Principle of Subsidiary requires that all efforts shall be exerted to ensure that
local solutions should be first found before a child is placed for inter-country adoption;

7. Adoptive parents, as well as foster parents, must be protected from attempts to
disturb their parental authority and custody over their adopted or fostered child;

8. All decisions concerning alternative care should take full account of the desirability
of maintaining, as much as possible, closeness to the child’s habitual place of residence, in
order to facilitate contact and potential reintegration with the family and to minimize
disruption of educational, cultural, and social life;

9. Decisions regarding children in alternative care, should have due regard for the
importance of ensuring children a family-based care, group foster care, and of meeting their
basic need for safe and long-term relationship to their caregivers, with permanency generally
being a key goal;

chil


10. Children must be treated with dignity and respect at all times and must benefit
from effective protection from abuse, neglect, and all forms of exploitation, whether on the
part of care providers, peers, or third parties, in whatever care setting they may find
themselves;

11. Siblings, with existing bonds, should in principle not be separated from placements
in alternative care unless there is a clear risk of abuse or other justification in the best interest
of the child. In any case, every effort should be made to enable siblings to grow together,
maintain contact with each other, unless this is against their wishes or interests;

12. All entities and individuals engaged in the provision of alternative child care which
received due authorization to do so from competent authority are subject to regular monitoring
and review. Authorities should develop appropriate criteria for assessing the professional and
ethical fitness of care providers and for their accreditation, monitoring, and supervision;

13. Provisions of alternative child care should never be undertaken with a prime
purpose of furthering the political, religious, or economic goals of the providers; and

14, Such other principles in accordance with the UN Convention on the Rights of the
Child.

ARTICLE I
NATIONAL AUTHORITY FOR CHILD CARE

Sec. 5. National Authority for Child Care (NACC) — To create a one stop shop on
alternative child care, the Inter Country Adoption Board (ICAB) is hereby reorganized to
become the National Authority for Child Care (NAC), attached to the Department of Social
Welfare and Development (DSWD). All functions of the ICAB, the DSWD, and those of other
government agencies relating to alternative child care are hereby transferred to the NACC. The
Department of Budget and Management, in coordination with the ICAB and the DSWD, shall
formulate a cohesive organizational structure with corresponding plantilla positions responsive
to fulfill the functions and divisions of the NACC as stipulated under Sections 6 and 7 of this
Act.

Sec. 6. Functions of the NACC. — The functions of the NACC shall include the
following:

(a) Formulate and develop policies on adoption, foster care, guardianship leading to
adoption, and other alternative child care policies such as but not limited to programs and
services that will protect the Filipino child from abuse, exploitation, trafficking, and adoption
practice that is harmful, detrimental and prejudicial to the best interests of the child;

(b) Implement adoption, foster care, guardianship leading to adoption policies,
programs and services;

(c) Set standards and guidelines on adoption including pre and post legal adoption
services. Accredit and authorize foreign private adoption agencies which have demonstrated
professionalism and have consistently pursued non-profit objectives to engage in the placement
of Filipino children in their own country;

(@) Monitor and assess compliance of all agencies/stakeholders both local and foreign
involved in adoption;

(@) Assess the progress and identify gaps in the implementation of the law and come
up with policy recommendations;

(Conduct national information dissemination and advocacy campaign on alternative
child care;

(g) Keep records of all adoption cases, foster care cases, and cases of guardianship
leading to adoption, and provide periodic information and reports on the performance of the
office;


(h) Conduct researches on alternative child care policies or in related fields to further
improve and strengthen the office programs and services and for policy formulation and
development;

(i) Provide technical assistance and conduct capability building activities to all
concerned agencies and stakeholders; and

(j) Accreditation of child placing and liaison agencies involved in the process of
adoption and foster care.

Sec. 7. Composition of the NACC. ~The NACC shall be composed of a Council and a
Secretariat.

There shall be a NACC Council to address child welfare policies which shall constantly
adjust to ongoing studies on alternative child-care. It shall be composed of permanent and
alternative members from the concerned national government agencies, different child-care
and placement agencies, adoptive agencies, as well as non-governmental organizations
engaged in child-care and placement activities.

The Secretariat shall be headed by an Executive Director, assisted by a Deputy Director,
which shall have divisions and units. ‘There shall also be Regional Alternative Child Care
Officer/s for each region of the country.

The Department of Budget and Management (DBM) in coordination with the Inter-
country Adoption Board (ICAB) and DSWD shall create the plantilla positions necessary for
the performance of NACC’s functions.

BOOK II
ADOPTION

ARTICLE IT
PROCEDURES FOR ADOPTION

A. PROCEDURE FOR DOMESTIC ADOPTION

Sec. 8. Pre-Adoption Program. ~ The NACC shall develop a pre-adoption program
which shall include, among others, the services of licensed social workers to the following:

(a) Biological Parent(s) — Counselling shall be provided to the parent(s) before and
after the birth of the child. No binding commitment to an adoption plan shall be permitted
before the birth of the child. A period of three (3) months shall be allowed for the biological
parent(s) to reconsider any decision to relinquish a child for adoption before the decision
becomes irrevocable. Counselling and other appropriate social service interventions and
services shall also be offered to the biological parent(s) after the child has been relinquished
for adoption.

Steps shall be taken by the NACC to ensure that no hurried decisions are made and all
alternatives for the child’s future and the implications of each alternative have been provided.

(b) Prospective Adoptive Parent(s) — Counselling sessions, adoption fora and seminars,
among others, shall be provided to prospective adoptive parent(s) to resolve possible adoption
issues and to prepare them for effective parenting; and

(©) Prospective Adoptee — Counselling sessions shall be provided to ensure that the
child understands the nature and effects of adoption and is able to express views on adoption
in accordance with the child’s age level of maturity.

Sec. 9. Location of Unknown Parents). - It shall be the duty of the NACC or the child-
placing or child-caring agency which has custody of the child to exert all efforts to locate the
unknown biological parent(s). If such efforts fail, the child shall be registered as a foundling
and subsequently be declared abandoned.



Sec. 10. Who May Be Adopted. ~ The following may be adopted:

(a) Any child who has been administratively declared available for adoption;

(b) The legitimate child of one spouse by the other spouse;

(©) An illegitimate child by a qualified adopter to improve status of legitimacy;

(d) A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopters as their own child since minority;

(c) A child whose adoption has been previously rescinded;

(QA 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); or

(g) A child not otherwise disqualified by law.

Sec. 11. Who May Adopt. ~ The following may adopt:

(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights,
of good moral character, has not been convicted of any crime involving moral turpitude which
may affect the adopted child’s healthy social interactions, appropriate character development
and modelling, is emotionally and psychologically capable of caring for children, is at least
sixteen (16) years older than the adoptee, and is in a position to support and care for adopted
children in keeping with the means of the family. The requirement of sixteen (16) year
difference between the age of the adopter and the adoptee maybe waived when the adopter is
the biological parent of the adoptee, or is the spouse of the adoptee’s parent;

(b) Any alien possessing the same qualifications as above stated for Filipino nationals:
Provided, That the alien’s country has diplomatic relations with the Republic of the
Philippines, that the alien has been living in the Philippines for at least three (3) continuous
years prior to the filing of the application for adoption and maintains such residence until the
adoption decree is entered, that the alien has been certified by his/her diplomatic or consular
office or any appropriate government agency that the alien has the legal capacity to adopt in
his/her own country, and that the alien’s government allows the adoptee to enter his/her country
as the alien’s adopted son/daughter: Provided, Further, That the requirements on residency
and certification of the alien’s qualification to adopt in his/her country may be waived for the
following:

i) _A former Filipino citizen who seeks to adopt a relative within the fourth (4")
degree of consanguinity or affinity; or

ii) One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse;
or

iii) One who is married to a Filipino citizen and seeks to adopt jointly with his/her
spouse a relative within the fourth (4") degree of consanguinity or affinity of the Filipino
spouse.

(c) The guardian with respect to the ward after the termination of the guardianship and
clearance of financial accountabilities; or

(q) Filipinos such as officers and staff of various Philippine government agencies
working abroad and Overseas Filipino Workers (OFW).

Husband and wife shall jointly adopt, except in the following cases:

(1) If one spouse seeks to adopt the legitimate child of the other;

(2) If one spouse seeks to adopt own illegitimate child: Provided, That the other
spouse has signified consent thereto;

(3) If the spouses are legally separated from each other; or

In case husband and wife jointly adopt or one spouse adopts the illegitimate child of
the other, joint parental authority shall be exercised by the spouses.

Sec, 12. Whose Consent is Necessary to the Adoption. — After being properly
counselled and informed of the right to give or withhold approval of the adoption, the written
consents of the following to the adoption are hereby required:


(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentally which has legal custody of the child;

(©) The legitimate and adopted children, ten (10) years of age or over, of the adopter(s)
and adoptee(s) if any;

(@) The illegitimate children, ten (10) years of age or over of the adopter if living with
said adopter or over whom the adopter exercises parental authority and the adopter’s spouse,
if any; and

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

Sec. 13. Where to File Application. — A person eligible to adopt under Article I, Section
16 of this Act who desires to adopt a child in the Philippines and has attended adoption fora
and seminars, shall file their application for adoption with the NACC or with any licensed
accredited child placing agency.

Sec. 14. Case Study. No petition for adoption shall be forwarded to the NACC unless
a licensed social worker of the NACC, the social service office of the local government unit,
or any child-placing or child-caring agency has made a case study of the adoptee, the biological
parent(s), as well as the adopter(s), and has submitted the report and recommendations on the
matter to the NACC for the issuance of the adoption certificate.

At the time of preparation of the adoptee’s case study, the concerned social worker
shall confirm with the Philippine Statistics Authority (PSA) the real identity and registered
name of the adoptee. If the birth of the adoptee was not registered with the PSA, it shall be the
responsibility of the concerned social worker to ensure that the adoptee is registered.

The case study on the adoptee shall establish that the said child adoptee is legally
available for adoption and that the documents to support this fact are valid and authentic.
Further, the case study of the adopter(s) shall ascertain his/her genuine intentions and that the
adoption is in the best interest of the child.

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

Sec. 15. Fees, Charges and Assessments. — Fees, charges, and costs may be imposed,
subject to reasonable rates as determined by the NACC, to cover expenses in providing
adoption services; Provided, That paramount consideration shall be given to the financial
capability of the adopters to encourage adoption even for lower- and middle-income families.

Sec. 16. Family Selection/Matching. ~ The matching of the child to approved adoptive
parent(s) shall be carried out during the regular matching conference by a Matching Committee
in the regional level where the social workers of the child and family are present; Provided,
That records of children and approved adoptive parents not matched within ninety (90) days
from the regular matching conference in the regional level shall be forwarded to the NACC
Central office for inter-country matching; Provided, further, That the children with special
needs shall be immediately forwarded to the NACC Central Office within twenty (20) days if
not matched in the first meeting, except under special circumstances. All matching proposals

shall be approved by the NACC to be final.

Sec. 17. Supervised Trial Custody. — No petition for adoption shall be granted unless
the adopter(s) has undergone a supervised trial custody period for at least six (6) months within
which the parties are expected to adjust psychologically and emotionally to each other and
establish a bonding relationship. During said period, temporary parental authority shall be
vested in the adopter(s).

The NACC may motu proprio or upon motion of any party reduce the trial period to at
least four (4) months if it finds the same to be in the best interest of the adoptee, stating the
reasons for the reduction of the period. However, for alien adopter(s), the alien must complete
the six- (6) month trial custody except for those enumerated in Section 11 (b) (i) (ii) Gi).


The prospective adopters shall assume all the responsibilities, rights, and duties to
which biological parents are entitled from the date the adoptee is placed with the prospective
adopters.

Sec. 18. Certificate of Adoption. — In all proceedings for adoption, the NACC shall
decide on the basis of all the documents presented to it, including, but not limited to, a proof
that the biological parent(s) have been properly counselled to prevent them from making
hurried decisions caused by stress 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 at home
will be inimical to the welfare and interest of the child. There shall be no adversarial
proceedings in adoption and all cases shall be decided within thirty (30) days from submission
of all the complete documents required by the NACC

If, after the submission of the required documents for adoption and no opposition has
been interposed to the petition, the NACC is convinced that the petitioners are qualified to
adopt, and that the adoption would redound to the best interest of the adoptee, a Certificate of
‘Adoption shall be entered which shall be effective as of the date the original petition was filed.
This provision shall also apply in case the adopter(s) dies before the issuance of the certificate
of adoption to protect the interest of the adoptee. The certificate shall state the name by which
the child is to be known. The certificate of adoption shall be issued within thirty (30) days upon
the fulfillment of all the requirements set by the NACC.

Sec. 19. The Birth Certificate. — An amended certificate of birth shall be issued by the
Philippine Statistics Authority (PSA), as required by the Rules of Court, attesting to the fact
that the adoptee is the child of the adopters by being registered with adopters’ surname. The
original certificate of birth shall be stamped “cancelled” with the annotation of the issuance of
the 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 or that the child is an orphan, abandoned or foundling.

B, PROCEDURE FOR INTER-COUNTRY ADOPTION

Sec. 20. Who May Be Adopted. ~ All children legally free for domestic adoption may
be the subject of inter-country adoption.
Sec. 21. Documents of Prospective Adoptive Child. — In order that such child may be
considered for placement, the following documents must be submitted to the NACC:
(a) Child study report;
(b) Birth certificate/foundling certificate issued by the PS.
(c) Certified true copy of the certification that the child is administratively available for
adoption;
(d) Medical evaluation/history including that of the child’s biological parent(s), if
known, and updated medical abstract;
(c) Deed of voluntary commitment or decree of abandonment or certified true copy of
the death certificate of the child’s birthparent(s), if applicable;
(f) Psychological evaluation, as may be necessary; and
(g) Most recent whole body size picture of the child, if applicable; Provided, That any
physical impairment of the child should be visible in the picture.
Sec, 22. Who May Adopt. — Foreign nationals or Filipino citizens permanently residing
abroad may file application for inter-country adoption of a Filipino child if they:
(a) Come from a country:
(® With whom the Philippine has diplomatic relations;
(ii) Whose government have clear guidelines on inter-country adoption and
maintains a foreign adoption agency;



(iii) Whose laws allow such adoption; and
(iv) Whose laws allow adopted children to acquire the citizenship of their adoptive
parents.

(b) At least twenty-seven (27) years of age and at least sixteen (16) years older than
the child to be adopted at the time of application, unless the adopter is the parent by nature of
the child to be adopted or the spouse of such parent; Provided, That if the adopter is married,
his/her spouse must jointly file for the adoption;

(©) Have the capacity to act and assume all rights and responsibilities of parental
authority under national laws, and has undergone the appropriate counselling from an
accredited counsellor in their countries;

(@) Have not been convicted of a crime involving moral turpitude;

(e) Are eligible to adopt under their national laws;

(f) Are in a position to provide the proper care and support and to give the necessary
moral values and example to all his children, including the child to be adopted;

(g) Agree to uphold the basic rights of the child as embodied under Phi laws,
the UN. Convention on the Rights of the Child, and to abide by the rules and regulations issued
to implement the provisions of this Act; and

(h) Possess all the qualifications and none of the disqualifications provided herein and
in other applicable Philippine laws.

Sec. 23. Where to File Application. ~The application for inter-country adoption shall
be filed with the NACC, Philippine embassy, governmental agency or authorized and
accredited agency of the receiving country where the applicants are habitual residents. Said
application shall be in accordance with the requirements as set forth in the implementing rules
and regulations (IRR) to be promulgated by the NACC.

The application shall be supported by the following documents written and officially
translated in English:

(a) _ Birth certificate of the applicant(s);

(b) Marriage contract, if married, and divorce decree, if applicable;

(©)Written consent of their biological or adoptive children above ten (10) years of age,
in the form of a swom statement;

(d) Physical, medical, and psychological evaluation by a duly licensed physician or
psychologist;

(©) Income tax returns or any document showing the financial capability of the
applicant(s);

(®) Police clearance of the applicant(s);

(g) Character from the local church/minister, the applicant’s employer and member of
the immediate community who have known the applicant(s) for at least five (5) years;

(h) Recent post-card size pictures of the applicant(s) and his/her immediate family;

(i) Other documents that the NACC may further require.

Sec. 24. Pre-Adoptive Placement Costs, ~The aa shall bear the following costs
incidental to the placement of the child:

(a) The cost bringing the child from the Philippines to the residence of the applicants
abroad, including all travel expenses within the Philippines and abroad; and

(b) The cost of the child’s passport, visa, medical examination and psychological
evaluation if required, and other related expenses.

Sec. 25. Fees, Charges and Assessment. ~The NACC may charge reasonable fees to
cover expenses in providing adoption services. The applicant(s) shall be apprised of the fees
from the beginning of their application.



Fees, charges, and assessments collected by the NACC in the exercise of its functions
shall be used solely to process applications for inter-country adoption and to support the
activities of the NACC.

Sec. 26. Family Selection/Matching. — No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the child cannot be adopted locally. The clearance,
as issued by the NACC, with a copy of the minutes of the meetings, shall form part of the
records of the child to be adopted.

When the Placement Authority has been transmitted and duly received by the
authorized and accredited agency of the prospective adopter and all the travel documents of
the child are ready, the adoptive parents or anyone of them, shall personally fetch the child in
the Philippines.

Sec. 27. Supervision of Trial Custody Assessments. — The government agency or the
authorized and accredited agency shall submit to the NACC for the trial custody and the care
of the child and shall be responsible for the trial custody and shall also provide family
counselling and other related cases. The trial custody shall be for a period of six (6) to eight
(8) months from the time of placement. Only after the lapse of the period of trial custody shall
a Certificate of Adoption be issued in the said country, a copy of which shall be sent to the
NACC to form part of the records of the child.

During the trial custody, the adopting parent(s) shall submit to the government agency
or the authorized and accredited agency, which shall in turn transmit a copy to the NACC, a
progress report of the child’s adjustment. The progress report shall be taken into consideration
in deciding whether or not to issue the Certificate of Adoption.

The NACC, the government agency, or its authorized and accredited agency and the
Philippine Embassy or Consular Office in the country of the adoptive parents where the
application for inter-country adoption was filed, shall monitor Filipino children sent abroad for
trial custody. The DFA shall set up a system for the repatriation of a Filipino child whose
adoption has not yet been approved.

Sec. 28. Certificate of Adoption. — If there is no opposition interposed to the petition
after the submission of the required documents for adoption by the NACC and after the period
of trial custody, the NACC is convinced that the petitioners are qualified to adopt and that the
adoption would redound to the best interest of the adoptee, a Certificate of Adoption shall be
entered which shall be effective as of the date the original petition was filed. This provision
shall also apply in case the petitioner dies before the issuance of the Certificate of Adoption to
protect the interest of the adoptee. After due coordination with the PSA, the NACC shall state
in the certificate the name by which the child is to be known, The Certificate of Adoption shall
be issued within thirty (30) days upon the fulfillment of all the requirements set by the NACC.

Sec. 29. Post-Adoption Services. — There shall be Post Adoption Services in the form
of psycho-social and support services to the child if, by the social worker of the NAC after
the adoption has been legally completed.

Sec. 30. Agreements on Inter-Country Adoption. — The Philippines may enter into
bilateral treaties or executive agreements on the matter of Inter-Country Adoption Procedure.
The NACC, in coordination with the Department of Justice (DOJ) and the DFA, upon
representation of the NACC, shall cause the preparation of executive agreements with
countries of the foreign adoption agencies to ensure the legitimate concurrence of said
countries in upholding the safeguards provided by this Act. Thereafter, the NACC shall ensure
that international bodies involved in inter-country adoption, such as the permanent Bureau of
the Hague Convention on Inter-Country Adoption, are informed of the contact details of the
authorities in the Philippines, including the DFA and Philippine Missions abroad, which have
roles in the process of inter-country adoption.


C. PROCEDURE FOR RECTIFICATION OF SIMULATED BIRTHS

Sec. 31. Rectification of Simulated Births. — A person who has, prior to the effectivity
of Republic Act No. 11222 or the Simulated Birth Rectification Act (“R.A. No. 11222”),
simulated the birth of a child, and those who cooperated in the execution of such simulation,
shall not be criminally, civilly, or administratively liable for such act, Provided, That the
simulation of the birth was made for the best interest of the child and that child has been
consistently considered and treated as the person’s own child. Provided, further, That the
application for correction of the birth registration and petition for adoption shall be filed within
ten (10) years from the effectivity of R.A. No. 11222 and completed thereafter. Provided,
‘finally, That such person complies with the procedure as specified in Article I, Book II of this
‘Act and other requirements as determined by the NACC. All benefits provided for under this
‘Act and R.A. No, 11222 shall also apply to adult adoptees

Sec. 32. Inadmissible Evidence. All petitions, documents, records, and papers relating
to adoption and rectification of simulated births under R.A. No. 11222 and this Act cannot be
used as evidence against those who simulated the birth of a child or who cooperated in the
execution of such simulation in any criminal, civil, or administrative proceeding.

Sec. 33. Administrative Adoption and Rectification. — A person who has simulated the
birth of a child under the conditions provided for under Section 31 and who has the
qualifications as provided for under Section 11 of this Act may avail of the administrative
proceedings for the adoption of the child by filing a petition for adoption with the NACC.

‘The petition for adoption with an application for rectification of simulated birth record
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 affirmation and oaths. It shall state the facts
necessary to establish the merits of the petition, and circumstances surrounding the simulation
of the birth of the child. The petition shall be supported by:

(a) A copy of the simulated birth or foundling certificate of the child;

(6) Affidavit of admission if the simulation of birth was done by a third
person;

(©) Certification issued and signed by the punong barangay attesting that
the petitioner(s) is a resident of the barangay, and that the child has been living with the
petitioner(s) for at least three (3) years before the effectivity of R.A. No. 11222;

(@) Affidavits of at least two (2) disinterested persons, who reside in the
same barangay where the child resides, attesting that the child has been living with the
petitioner or at least three (3) years prior to the effectivity of R.A. No. 11222;

(©) Certificate Declaring the Child Legally Available for Adoption
(CDCLAA) issued by the DSWD; Provided, That a CDCLAA shall no longer be required if
the adoptee is already an adult or a relative of the adopter within the fourth degree of
consanguinity or affinity.; and

(f) Photographs of the child and the petitioner(s) taken within the last three
(3) months prior to the filing of the petition.

Sec. 34. Certificate of Adoption. -If the NACC determines that the adoption shall
redound to the best interest of the child, a Certificate of Adoption shall be issued which shall
take effect on the date the petition was filed with the NACC, even if the petitioner dies before
the issuance.

The Certificate of Adoption shall state the name by which the adoptee shall be known
and shall likewise direct the:

(a) Cancellation of the simulated birth record of the child;
(b) Issuance of the rectified birth record bearing the names of the biological
parents of the child or the issuance of the foundling certificate; and


(©) __ Issuance of the new birth certificate in accordance with Section 19 of
this Act.

Sec. 35. Information Dissemination. ~The local social welfare office and the barangays
within its coverage shall conduct a massive campaign against simulation of birth, sale and
trafficking of children. A survey and list of simulated births in every barangay shall be
submitted to the local NACC for assessment and filing of legal; adoption under the provisions
of this Act.

ARTICLE I
EFFECTS OF ADOPTION

Sec. 36. Parental Authority. — Upon issuance of the Certificate of Adoption, adoption
shall cease as alternative care and becomes parental care. Adoptive parents shall now have full
parental authority over the child. Except in cases where the biological parent is the spouse of
the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and
the same shall then be vested on the adopter(s).

Sec. 37. Legitimacy. — The adoptee shall be considered the legitimate child of the
adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations
provided by the law to legitimate children born to them without discrimination of any kind. To
this end, the adoptee is entitled to love, guidance, and support in keeping with what the family
can afford.

Sec. 38. Succession. —In legal and intestate succession, the adopter(s) and the adoptee
shall have reciprocal rights of succession without distinction from legitimate filiations.
However, if the adoptee and his/her biological parent(s) had left a will, the law on testamentary
succession shall govern. In cases of inter-country adoption, the national law of the adoptive
parents shall apply, as far as it is beneficial to the adopted child.

Sec. 39. Benefits. ~The adoptive parent(s) shall, with respect to the adopted child, enjoy
all the benefits to which the biological parent(s) are entitled. Maternity and paternity benefits
and other benefits given to the biological parent(s) upon the birth of a child shall be enjoyed if
the adoptee is below seven (7) years of age upon the issuance of the Pre-Adoptive Placement
Authority issued by the NACC.

In cases of inter-country adoption, the pertinent laws as to benefits given to adoptive
parents by their respective States shall govern.

ARTICLE IIE
RESCISSION OF ADOPTION

Sec. 40. Grounds for Rescission of Adoption. — Upon petition of the adoptee, and with
the assistance of the NACC, if adoptee is a child, the adoption may be rescinded on any of the
following grounds committed by the adopter(s):

(a) Repeated physical and verbal maltreatment by the adopter(s);

(b) Attempt on the life of the adoptee;

(©) Sexual assault or violence;

(@) Abandonment and failure to comply with parental obligations; or

(©) Other acts that are detrimental to the psychological and emotional development of
the adoptee.

‘Adoption being in the best interest of the child shall not be subject to rescission by
adopters. However, the adopters may disinherit the adoptee for causes as provided for in
Article 919 of the Civil Code, in cases of domestic adoption. In cases of inter-country adoption,
the national law of the adopter shall govern. The petition shall be filed with the NACC,


Sec. 41. Effects of Rescission. —If the petition for rescission of adoption is granted, the
parental authority of the adoptee’s biological parent(s), if known, or the legal custody of the
NACC shall be restored if the adoptee is still a child. The reciprocal right and obligations of
the adopter(s) and the adoptee to cach other shall be extinguished.

The NACC shall order the Civil Registrar General to cancel the amended birth
certificate and restore the original birth certificate of the adoptec.

Succession rights shall revert to its status prior to adoption, but only as of the date of
the approval of the petition for rescission of adoption. Vested rights acquired prior to rescission
shall be respected.

All the foregoing effects of rescissions of adoption shall be without prejudice to the
penalties imposable under the Revised Penal Code if the criminal acts are properly proven.

ARTICLE IV
NATURE OF ADOPTION PROCEEDINGS

Sec. 42. Confidential Proceedings & Records.— All proceedings in adoption cases shall
be confidential and shall not be open to the public. All records, books, and papers relating to
the adoption cases in the files of the court, the NACC, or any other agency or institution
participating in the adoption proceedings shall be kept strictly confidential.

Sec. 43. Disclosure; Exceptions. —If the NACC finds the disclosure of the information
to a third person is necessary for purposes connected with or arising out of the adoption and
will be for the best interest of the adoptee, the NACC may merit the necessary information to
be released, restricting the purposes for which it may be used.

Sec. 44. Consent. —No copy thereof as well as any information relating hereto shall be
released without written authority from the NACC or the written request of any of the
following:

(a) The adopted child, with appropriate guidance and counselling, or a duly authorized
representative, spouse, parent or parents, direct descendants, or guardian or legal institution
legally in charge of the adopted person, if min

(b) The court or proper public official whenever necessary in an administrative,
judicial, or other official proceeding to determine the identity of the parent or parents or of the
circumstances surrounding the birth of the adopted child; or

(©) The nearest kin, in case of death of the adopted child

The NACC shall ensure that information held by them concerning the origin of the
adopted child, in particular the identity of his/her biological parents, is preserved.

BOOK III
FOSTER CARE

ARTICLE I
FOSTER CARE AS PROGRAM OF NACC

Sec. 45. Foster Care as Mandatory and Permanent Program of NACC. — The NACC
shall systematize and enhance foster caring in the country. It shall ensure that foster families
promote and motivate the foster children to relate with their biological or adoptive family, as
the case may be, and shall provide the wholesome atmosphere to encourage bonding. The
rights of biological children of foster families shall be protected and in no case shall they be
disadvantaged as a result of the placement of a foster child. NACC shall endeavor to maintain
and improve foster care services as its mandatory and permanent program.


Sec. 46. Foster Care Committees. ~ The Regional Foster Care Committees maybe
convened by the NACC whenever there are difficulties in the foster placements. The
Committee shall be composed of multi-disciplinary team of professionals responsible for
resolving the difficulties in a foster placement.

Sec. 47. Advocacy Campaign. — National government agencies (NGAs), non-
government organizations (NGOs), peoples organizations (POs), faith based organizations,
and civil society shall reach out to communities to recruit applicants for foster care.

Sec. 48. Recruitment and Development of Foster Parents. -NGAs, NGOs, local
government units (LGUs), and POs shall develop foster parents who shall provide foster care
to children.

Sec. 49. Issuance of License. - The NACC shall issue a foster license to parents who
were approved as foster parents based on the home study report submitted by the agency to
determine the motivations, capacities and potentials for development of applicants. The license
is valid for three (3) years unless otherwise revoked by the NACC.

ARTICLE I
PROCEDURES FOR FOSTER CARE.

Sec. 50. Who May Be Placed Under Foster Care. — A child in any of the following
conditions may be placed in a foster family:
(a) Abandoned, surrendered, neglected, dependent, or orphaned;
(b) Victim of sexual, physical, or any other form of abuse or exploitation;
(c) With special needs;
(@) Whose family members are temporarily or permanently unable or unwilling to
provide the child with adequate care;
(e) Awaiting adoptive placement and who would have to be prepared for family life;
(8) Needs long-term care and close family ties but who cannot be placed for domestic
adoption;
(g) Whose adoption has been disrupted;
(h) Under socially difficult circumstances such as, but not limited to, a street child, a
child in armed conflict, or a victim of child labor or trafficking;
(i) Committed a minor offense but is released on recognizance, or who is in custody,
supervision, or whose case is dismissed;
()) In need of special protection as assessed by a social worker, an agency, or the
NACC; or
(k) Matched for adoption.
Provided, That in the case of (b), (c), (f), (h),
willing and capable of caring and providing for him.
Sec. 51. Who May Be a Foster Parent — The kin or relatives of the foster child, if
willing and available, as well as persons who have already filed a petition for adoption of the
child to be fostered become the priority prospective foster family. All applicants, including the
kin or relatives of the foster child, must meet all the following qualifications:
(a) Of legal age;
(b) At least sixteen (16) years older than the child unless the foster parent is a relative;
(c) Have a genuine interest, capacity, and commitment in parenting and is able to
provide a familial atmosphere for the child;
(@) Able to provide a family atmosphere for the child;
(e) Have a healthy and harmonious relationship with each family member living with
him or her;
(f) Be of good moral character;

(i), and (j), the child must have no family



(g) Be physically and mentally capable and emotionally mature;

(h) Have sufficient resources to be able to provide for the family’s needs;

(i Be willing to further hone or be trained on knowledge, attitudes and skills in caring
for a child; and

(j) Not already have the maximum number of children under his foster care at the time
of application or award, as may be provided in the implementing rules and regulations (IRR)
of this Act.

Provided, That in determining who is the best suited foster parent, the relatives of the
child shall be given priority, so long as they meet the above qualifications: Provided, further,
That an alien possessing the above qualifications and who has resided in the Philippines for at
least twelve (12) continuous months and maintains such residence until the termination of
placement by the NACC or expiration of the foster family license, may qualify as a foster

parent.

ARTICLE II
PARENTAL AUTHORITY OF FOSTER PARENTS

Sec. 52. Parental Authority of a Foster Parent. ~ Foster parents shall have the rights,
duties and liabilities of persons exercising substitute parental authority, as may be provided
under the Family Code over the children under their foster care.

Sec. 53. Limitations on Parental Authority of Foster Parents. — Foster parents shall
only have the rights of a person with special parental authority to discipline the foster children
as defined under Section 233 of the Family Code, insofar as it prohibits the infliction of
corporal punishment upon the child.

ARTICLE IV
PROCEDURE

Sec. 54. Recruitment and Development of Foster Parents. — To recruit applications for
foster care, the NACC shall reach out to various communities and LGUs and work preferably
with the Local Council for the Protection of Children (LCPC).

Sec. 55. Submission of Home Study Report. — The social worker shall make a detailed
Home Study Report of an applicant’s background and circumstances, carried out in a series of
planned visits and interviews, in order to determine if the applicant meets the basic
requirements for foster care and is suitable to become a foster parent.

Sec. 56. Issuance of License. ~ The NACC shall issue a Foster Family Care License
based on the Home Study Report submitted by the agency to determine the motivations,
capacities and potentials for development of applicants. The license is renewable every three
(3) years unless earlier revoked by the NACC.

Sec. 57. Matching. ~ Matching shall be done by the NACC or child-placing agency
only after the child case study and the home study have been conducted, save for exceptions
to be determined by the NACC, taking into consideration the best interests of the child,

The child case study report shall establish the needs of the child for consideration in
the selection of the foster parent. Likewise, the Home Study Report shall establish said foster
parent’s capacity and resources to provide a safe, secure and losing home to the child.

Sec. 58. Placement. ~The physical transfer of a child to a licensed foster parent shall
take effect only after the issuance of a Foster Placement Certificate except in emergency
situations to be determined by the NACC, taking into consideration the best interest of the
child.


Sec. 59. Supervision of Foster Placement. — Supervised foster placement begins as soon
as the foster family receives the child into their care. During the foster placement, the social
worker shall conduct regular home visits to monitor the child’s adjustment in the foster home
and the current capability of the foster family and shall report to the NACC.

The foster parents shall enjoy all the benefits to which biological parents are entitled
from the date the child is placed with them. As such, the parents may bring along the child to
travels out of the country; Provided, That the child has been with them for a year; Provided,
further, That the parents are residing in the Philippines; and Provided, finally, That there is no
reason to believe that the child will be at risk if they travel with their parents nor is there reason
to believe that the parents will not be returning to the Philippines.

Sec. 60. Foster Care Committee. — The Foster Care Committee of the NACC shall
have the following functions:

(a) Review and deliberate issues affecting the placement of a particular child;

(b) Make recommendations to resolve any dispute between and among the child-
placing agency, the parents, the foster parents, and the child;

(©) Monitor the implementation, review, and recommend changes in policies
concerning foster care and other matters related to the child’s welfare;

(d) Submit to the Chairperson of the NACC and to Congress an annual report of the
policies, programs and activities relative to the implementation of this Act; and

(©) Perform such other functions and duties as may be prescribed by the NACC.

Sec. 61. Reporting, —In case of injury or death of the child, or if the child runs away or
gets lost, such case shall be reported immediately to the nearest office of the NACC.

Sec. 62. Termination of Placement. ~ Termination of placement shall be done by the
NACC, upon recommendation of the child-placing agency, on the following grounds:

(a) Return of the child to biological parents;

(b) Placement for adoption of the child;

(©) Death of the child;

(d) Death of both foster parents;

(c) Expiration of the FPA; and

(f) In all cases where placement becomes prejudicial to the welfare of the
child, such as, but not limited to, abandonment, maltreatment, sexual assault, violence or other
forms of abuse.

Provided, That in the case of (f), the foster child, with the assistance of a registered
social worker, shall have the option to apply for termination of placement.

ARTICLE V
LONG-TERM FOSTER PLACEMENT

Sec. 63. Long-Term Foster Placement Authority. —Ifa child has been under the care of
a foster parent for a period of at least seven (7) years, the said foster parent may apply for
Long-Term Foster Placement Authority (LTFPA), subject to the following conditions:

(a) The child’s return to his biological parents or placement in an adoptive family is
not imminent;

(b) The foster parent continues to possess the qualifications required under tins Act and
a valid foster family care license for the entire duration of the foster care;

(©) The child, if ten (10) years of age or over, duly assisted by a social worker, gives
written consent for long-term stay with the foster parent; and

(@) Aside from the regular monitoring visits, the NACC shall reassess and reevaluate
the foster home situation every three (3) years, to determine whether itis in the best interest of
the child to continue living in the foster home on a long-term basis.


LTFPA grants the foster parent custody over the foster child without the requirement
of the eventuality of adoption of the latter by the former. During this period, the foster child
shall enjoy the rights of a child under Article 3 of the Child and Youth Welfare Code, and
under other laws: Provided, That there shall be no mandatory rights of succession in favor of
the foster child.

Sec. 64. Long-Term Foster Care Commitment. ~ Taking into consideration the stability
and best interest of the foster child, a foster parent, who unilaterally terminates the LTFPA
before the foster child reaches the age of majority or finishes tertiary education, shall make
provisions for the education and basic needs of the foster child, in accordance with the
standards in which the child has been raised or has become accustomed to, within the said
period: Provided, That the faster parent has the means to support the foster child in keeping
with the financial capacity of the family.

ARTICLE VI
ADOPTION OF A FOSTER CHILD

Sec. 65. Conditions. ~ A foster parent may adopt his foster child subject to the
following conditions:
(a) The foster parent must have all the qualifications as provided for this Act;
(b) The trial custody, as required in adoption, may be waived: Provided, That a
harmonious relationship exists between the child and his foster parent and family members;
and
(c) The procedures for adoption, for purposes of this Act, shall be governed by
this Act.
ARTICLE VII
LOCAL GOVERNMENT UNITS

Sec. 66. Role of Local Government Units (LGUs). — LGUs shall promote the foster care
system in their respective territorial jurisdictions.

Sec. 67. Seminars and Trainings. — The NACC, in coordination with the DSWD, is
hereby mandated to develop and provide programs to ensure the awareness and responsiveness
of local government officials in the promotion and development of the foster care system in
every city, municipality or barangay.

ARTICLE VII
FOSTER CARE SUPPORT SERVICES,
ASSISTANCE, AND INCENTIVES

Sec. 68. Health Insurance. — A foster child shall automatically be a PhilHealth
beneficiary of the foster parent and as such, entitled to health insurance benefits. If the foster
parent is not a PhilHealth member, he must seek enrollment with PhilHealth. LGUs and
agencies shall provide assistance to the foster parents to ensure enrollment.

Sec. 69. Special Discounts. To the extent possible, the government may grant special
discounts to foster parents on the purchase of basic commodities for the exclusive use of the
foster child subject to the guidelines to be issued for the purpose by the Department of Trade
and Industry (DTI) and the Department of Agriculture (DA).

Sec. 70. Foster Child Subsidy. — A foster child, through the child-placing agency, shall
be entitled to a monthly subsidy from the government, NACC, or LGU, subject to existing
government standards and auditing rules and regulations to include incidental expenses. The
subsidy is primarily aimed at supporting the expenses of the child to lessen the financial burden


on the foster parent: Provided, That support may be waived if the foster parent is capable of
supporting the foster child.

Sec. 71. Foster Family Incentives. — A foster family, through the child-placing agency,
shall be entitled to a monthly incentive from the government NACC and/or LGUs, subject to
existing government standards and auditing rules and regulations.

Sec. 72. Support Care Services. - The NACC and the social service unit of the LGU
or agency shall provide support care services to include, counselling, and other psycho-social
services, visits, training on child care and development, respite care, skills training, and
livelihood assistance.

Sec. 73. Support to Biological Parents, ~ Counselling shall be provided to parents to
help them understand foster care and prepare them for eventual reunification with the child.
Training on child-caring and child-protection skills shall be provided to biological parents to
improve their knowledge, attitude and skills in parenting,

Sec. 74. Incentives to Agencies. — Agencies shall be entitled to the following tax
incentives:

(a) Exemption from Income Tax. — Agencies shall be exempt from income tax on the
income derived by it as such organization pursuant to Section 30 of the NIRC of 1997, as
implemented by Revenue Regulation (RR) No. 13-98; and

(b) Qualification as a Donee Institution. — Agencies can also apply for qualification as
a donee institution.

Sec. 75. Incentives to Donors. ~ Donors of an agency shall be entitled to the following:

(a) Allowable Deductions. — Donors shall be granted allowable deductions from its
{gross income to the extent of the amount donated to agencies in accordance with Section 34(H)
of the NIRC of 1997; and

(b) Exemption from Donor’s Tax. — Donors shall be exempted from donor’s tax under
Section 101 of the NIRC of 1997: Provided, That not more than thirty percent (30%) of the
amount of donations shall be spent for administrative expenses.

BOOK IV
OTHER FORMS OF ALTERNATIVE CHILD CARE

ARTICLE I
GUARDIANSHIP, KHAFALLAH, KINSHIP CARE, [FAMILY-LIKE CARE]
RESIDENTIAL CARE

Sec. 76. Conditions in Other Forms of Alternative Care Settings. — The following are
the required conditions in other forms of alternative care which includes guardianship, kafalah,
kinship care, or residential care;

1. Awareness of children’s rights and obligations. Both children and care givers should
know and understand their rights and obligations;

2. Complaint mechanism support. Children should be able to, without fear of
retribution, express concerns about their situation or treatment by confiding in a person they
can trust, and by having access to an effective complaints mechanism;

3. Private provision of alternative care. A set of criteria developed by the NACC, is
used to assess the ability of all individuals and facilities to care for children, and to use these
criteria to authorize and then monitor their activities;

4. Child development and child protection. Provisions for child development range
from access to education and vocational training, to insist that children can maintain contact
with family and other familiar persons, the optimal development of children with including



children with special needs, and the importance that carers should place on creating nurturing
relationships with the children they are looking after;

5. Stigmatization. Stigmatization of children in alternative care settings should be
addressed and prevented at all times; and

6. Discipline, punishment and restraints. Severe restrictions should be placed on the
use of force and restraints. All treatment that may compromise a child’s physical or mental
health are prohibited. Adequate guidance on discipline and punishment shall be followed.

Sec. 77. Who May Be Placed Under Other Forms of Alternative Child Care. — & child
with the conditions stipulated in Section 51 of this Act who are not placed for adoption or
with a foster family shall be eligible for placement in other forms of alternative care such as
guardianship, kafalah, kinship care or residential care. NACC shall exhaust all means of
placing such child in a family setting before allowing the child to be placed in family-like or
residential care.

Sec. 78. Support Services for other forms of Alternative Child Care. — All other forms
of alternative child care shall have the same support services accorded to foster care as
enumerated in Sections 68 to 75 of this Act.

ARTICLE I
GUARDIANSHIP LEADING TO ADOPTION

Sec. 79. Guardianship as Alternative Child Care, — While nothing in this Act amends
the judicial nature of guardianship proceedings, the provisions on this Act will only apply after
termination of guardianship as when the guardian(s) endeavors and expressed their intention
to the adoption of the wards.

All relevant provisions on adoption, whether domestic or inter-country adoption, as the
case may be, shall govern in cases of guardian(s) intending to adopt their wards.

Sec. 80. Petition for the Adoption of the Ward. — After the termination of guardianship,
guardians may opt to adopt their wards by filing a petition for adoption pursuant to Book I of
this Act. All the qualifications prescribed in Book If of this Act shall be met with, as well as
all the requirements for adoption must be complied with.

The NACC may motu proprio or upon motion of any party reduce the trial period if it
finds the same to be in the best interest of the adoptee, stating the reasons for the reduction of
the period.

ARTICLE Il
RESIDENTIAL CHILD CARE
PROCEDURES AND SUPPORT SERVICES FOR RESIDENTIAL CARE

Sec. 81. Parental Authority of Residential Caring Agency (RCA). ~ RCAs shall be in
loco parentis, exercising the rights, duties and liabilities of persons exercising substitute
parental authority over the children under their foster care, as may be provided for by
Executive Order No. 209, series of 1987, otherwise known as the “Family Code of the
Philippines”, Provided, That RCAs shall only have the rights of a person with special parental
authority to discipline the children under their care and protection as defined under Section
233 of the Family Code, insofar as it prohibits the infliction of corporal punishment upon the
child.

Sec. 82. Components of Residential Care. — The following are essential components
toa residential care as defined in Section 3(d)(5):


(a) Caregivers who devote time to the children enabling a trusting and reliable
relationship for them to experience lifelong love and security as they serve as stable figures
who manage the family house and create a loving family environment;

(b) A family home with bedrooms, kitchen, living room, toilet, and shower room which
will serve as home to children and allows biological siblings to stay together;

(©) Support system for children and their families through development planning in
various aspects of their individual development, with a special focus beginning with carly
childhood development and ending with quality aftercare support, so they are guided on their
journey to self-reliance and to becoming contributing members of the society; and

(d) Professional and technical support for children and parents from a multidisciplinary
team composed of project managers or directors, social workers, educators, psychologists and
medical professionals.

Sec. 83. Privileges. — To allow it to fully realize its mandate, an accredited RCA shall:

(a) Enter into agreements with public authorities, and accept provisions for the cost of
any service or activity which may be entrusted to it, within the scope of its object and functions,
pursuant to such agreements;

(b) Own and hold real and personal properties and accept bequests, donations, and
contributions; and

(c) Finally, the agency shall be exempt from the payment of real property taxes on all
real properties owned by it.

BOOK V
CARE FOR ABANDONED FILIPINO CHILDREN OVERSEAS

Sec. 84. Programs and Services to Protect Abandoned Children in Foreign Countries.
— The NACC, in coordination with the DFA, shall establish the procedures and implement
programs and services to protect and promote the rights of an abandoned Filipino child in a
foreign country that will ensure or provide for the following:

(a) Prompt reporting, registration, and initial assessment of the abandoned child;

(b) Emergency care and accommodation;

(©) Appointment of a guardian or foster parents;

(@) Access to basic services on health and education;

(€) Prevention and protection from all forms of violence and exploitation;

(f) Prevention and protection from involvement in situations of armed conflict;

(g) Prevention of deprivation of liberty;

(h) Family reunification;

(i) Return to country;

(j) Local integration or inter-country adoption; and

(k) Durable family-based solutions.

vI

ARTICLE I
VIOLATIONS AND PENALTIES RELATING TO ADOPTION

Sec. 85. Violations and Penalties. ~
(a) Any person who shall knowingly participate in the conduct or carrying out of an
illegal adoption, in violation of the provisions of this Act, shall be punished with a penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine 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. It shall be imposed on any person who shall
commit any of the following acts:

(1) Obtaining consent for an adoption through coercion, undue influence, fraud,
improper material inducement, or other similar acts;

(2) Non-compliance with the procedures and safeguards provided by law for the
adoption; or

(3) Subjecting or imposing the child to be adopted to danger, abuse, or exploitation;

(b) Any person who shall cause the fictitious registration of the birth of the child under
the names of persons who are not the child’s biological parents shall be guilty of simulation of
birth, and shall be punished by prison mayor in its medium period and a fine not exceeding
Fifty Thousand Pesos (P50,000.00) unless covered by Section 31 of this Act;

(©) Any physician or nurse or hospital personnel who shall cooperate in the execution
of the above mentioned crime shall suffer the penalties herein prescribed and also the penalty
of permanent disqualification from the practice of their professions unless covered by Section
31 of this Act;

(d) Any person who shall violate established regulations relating to 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 (P10,000.00) 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:

(1) Act punishable under this Article, when committed by a syndicate or where it
involves two (2) or more children shall be considered as an offense constituting child
trafficking and shall merit the penalty of reclusion perpetua;

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

(3) Penalties 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; and

(4) An offender who is an alien, shall be deported immediately after service of
sentence and perpetually denied entry to the country.

Sec. 86. Public Officers as Offender. — Any government official or employee who shall
be found guilty of violating any provisions of this Act, or who shall conspire with private
individual 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 either
administrative or criminal, said government official or employee concerned shall automatically
suffer suspension until the resolution of the case.

ARTICLE I
VIOLATIONS AND PENALTIES IN RELATION TO FOSTER CARE

Sec. 87. 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, otherwise known as "An Act Providing For Stronger


Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination,
Providing For Its Violation, and For Other Purposes”, and other applicable laws.

(b) A child-placing agency which violates Sections 57, 58, 59 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

(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.

(c) Any person, natural or juridical, other than the foster parent or any agency, violating
any provision of this Act and its IRR shall be penalized with imprisonment of one (1) month
to six (6) years, depending on the gravity of the offense or a fine of not less than Ten Thousand
Pesos (Php 10,000.00) but not more than One Hundred Thousand Pesos (PhP 100,000.00), or
both, at the discretion of the court.

(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.

ARTICLE III
VIOLATIONS AND PENALTIES IN RELATION TO OTHER FORMS OF
ALTERNATIVE CARE

Sec. 8. Penal Clause. ~ Any person, whether natural or juridical, violating Book IV
of this Act shall, upon conviction, be liable to a fine of not less than Fifty Thousand Pesos
(P50, 000.00) or imprisonment for a term not exceeding one (1) year, or both, at the discretion
of the court for each and every violation. In case the violation is committed by a corporation
or an association, the penalty shall devolve upon the president, director, or any other officer
responsible for such violation.

BOOK VII
FINAL PROVISIONS

Sec. 89. Role of Local Government Units (LGUs). ~The host LGU, pursuant to Section
108 of Republic Act No. 7160 otherwise known as the “Local Government Code of 1991”,
shall accredit alternative care agencies that are duly recognized by the NACC in their locality.

The LGU, through its Local Social Welfare and Development Office, shall include the
provisions of this Act in its development plans and strategies, and upon approval thereof by
the governor or mayor, as the case may be, implement the same particularly those which have
to do with social welfare programs and projects which the governor or mayor is empowered
to implement and which the Sanggunian is empowered to provide for under Republic Act
7160.

A standard accreditation process for all LGUs shall be adopted by the NACC, in
coordination with the DSWD and the Department of the Interior and Local Government
(ILG).

Sec. 90. Seminars and Trainings. ~The NACC and the DSWD, in coordination with
the DILG, is mandated to develop and provide programs to ensure the awareness and
responsiveness of local government officials in the promotion and development of the
alternative care system in every city, municipality and barangay.

Sec. 91. Protection From Suit. - Government employees in their lawful performance
of their duties shall be protected from suit.


Sec. 92. Unlawful Solicitation. — It shall be unlawful for any person to solicit, collect,
or receive money, materials or property of any kind by falsely representing himself to be a
member, agent or representative of any alternative care agency.

Sec. 93. 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. 94. Implementing Rules and Regulations. - The DSWD, as lead agency, the
Department of Justice (DOJ), the Department of Health (DOH), the Bureau of Internal
Revenue (BIR), the Council on Welfare of Children (CWC), the DILG and other concerned
government agencies, in consultation with agencies are hereby mandated to prepare and draft
the IRR to operationalize the provisions of this Act within six (6) months from its approval.

Sec. 95. Separability Clause. - If any provision of this Act shall be declared
‘unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force
and effect.

Sec. 96. Suppletory Clause. — The provisions of Executive Order No. 209, series of
1987, otherwise known as the Family Code of the Philippines and other applicable laws, shall
have suppletory application to this Act.

Sec. 97. Repealing Clause. — Republic Act No. 9523, entitled “An Act Requiring the
Certification of the Department of Social Welfare and Development (DSWD) to declare a
“Child Legally Available for Adoption” as a Prerequisite for Adoption Proceedings, Amending
for this Purpose Certain Provisions of Republic Act No. 8552, otherwise known as The
Domestic Adoption Act of 1998, Republic Act No. 8043, otherwise known as The Inter-
Country Adoption Act of 1995, Presidential Decree No. 603, otherwise known as The Child
and Youth Welfare Code, and for other Purposes”, and Republic Act No. 1122, otherwise
known as the “Simulated Birth Rectification Act”, are hereby repealed. Any law, presidential
decree or issuance, executive order, letter of instruction, administrative order, rule, or
regulation contrary to, or in consistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.

Sec. 98. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the official gazette or in a newspaper of general circulation.

Approved