Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS,
Second Regular Session

House Bill No. 5093

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
CODIFYING THE ALTERNATIVE CHILD CARE LAWS OF THE PHILIPPINES’

EXPLANATORY NOTE

This bill seeks to codify the existing laws on alternative child care, such as
the law on domestic adoption and inter-country adoption, the foster care law, and
guardianship law jeading to adoption, to a single deposit of law to be known as
"The Alternative Child Care Code of 2011”. Moreover, this bill seeks to establish
the “National Child Care Authority (NCCA)" to impiement laws televant to
alternative child care in the country.

tt is the policy of the State to ensure that every child remains under the
care and custody of his/her parent(s) and be provided with fove, care,
understanding and security towards the full and harmonious development of
hisfher 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.

Moreover, in all matters relating to the care, custody, guardianship and
adoption of a child, his/her interest shall be the paramount consideration in
accordance with the tenets set forth in the United Nations (UN) Convention an
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

"Ths és based on.

filed by tre Hon. Aquilino Q. Pimentel Jr. dung the Third Regular Session of the 11% Congzess.


Placement and Adoption, Nationally and Intemationally, and the Hague
Convention on the Protection of Chikiren and Cooperation in Respect of inter-
country Adoption. Toward this end, the State shall provide alternative protection
and assistance through foster care or adoption for every child who is neglected,
orphaned, or abandoned.

Meanwhile, the goverment has to step up its drive to solve the worsening
problem of “unadoptable" and overage children “not fit for adoption” due to the
long and complicated process of domestic and inter-country adoption. This bill
seeks to address this problem by creating a "one-stop-shop" code whereby thase
who seek to adopt and/or foster care will be easily facilitated to the best interest
of every child available for adoption and/or foster care.

The establishment of the "National Child Care Authority (NCCA)",
implementing the various alternative child care laws, to be known as "Altemative
Child Care Code", will not only improve and speed up the process of adoption,
foster care and guardianship, but will also increase its fiscal capacity thereby
improving its services offered to the stakeholders.

In view of the foregoing, the immediate approval of this bill is eamestly
sought.

DIOSDADO YAPAGAL ARROYO GLORIA/MACAPAGAL ARROYO
Second District, Camarines Sur Secpind District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

io, 0098

House Bill No.

introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
CODIFYING THE ALTERNATIVE CHILD CARE LAWS OF THE PHILIPPINES

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

BOOK |
GENERAL PROVISIONS

ARTICLE |

SECTION 1. Short Title. -This Act shall be known as the “Aiternative Child
Care Code of 2011.”

SECTION 2. Declaration of Policies. -

a) It is hereby declared the policy of the State to ensure that every child
remains under the care and custody of his/her parent(s) and be provided
with love, care, understanding and security towards the full and
harmonious development of his/her 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.


b) In alt matters relating to the care, custody and adoption of a child,
his/her 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 shail provide
altemative protection and assistance through foster care or adoption for
every child who is neglected, orphaned, or abandoned.

c} The State shall systematize and enhance foster caring in the country.
Towards this end, the State shall ensure that foster families promote and
mativate the foster chiid to retate with his/her biological or adoptive family,
as the case may be, and shall provide the wholesome atmosphere to
encourage bonding. The State shall atso protect the rights of the
bialogical child of foster families and ensure that in no case shall he/she
be disadvantaged as a result of the placement of a foster child.

d) tt shail also be a State policy to:

() Safeguard the biological parent(s) from making hurried decisions
to relinquish his/her parental authority over his/her child;

(i) Prevent the child from unnecessary separation from histher
biological parent(s);

(ii) Protect adoptive parent(s) as well as foster parent(s) from
attempts to disturb his/her parental authority and custody over
his her adoptedfostered child.

e) It is the policy of the State that efforts shall be exerted to place every
child who is legally free for adoption with an adoptive family in the
Philippines, The State shall take measures and safeguards to ensure that
inter-country adoption is allowed when the same shall prove beneficial to
the child's interests and shall serve and protect his/her fundamental rights.

f) The State shalt establish a system of cooperation with the other States,
through their respective Central/Competent Authorities and accredited
bodies to prevent the saie, trafficking and abduction of chitdren.

SECTION 3. Definition of Terms. -
a) “Abandoned child" — shall refer to one who has no proper parental care

or guardianship or whose parent(s) has deserted him/her for a period of at
feast three (3) continuous months and has been issued certification by the


Department of Social Welfare and Development (DSWD) and upon the
adoption of this act, by the Authority that such child is abandoned.

b) “A child legally available for adoption" — shalll refer to a child who has
been voluntarily or involuntarily committed to the Authority 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 adopters in
case of rescission of adoption;

¢) “Adoption” - shall refer to a socio-legal process of providing a
permanent family to a child whose parents have voluntarily or involuntarily
relinquished parental authority over the child;

) "Agency" — shall refer to the licensed and accredited child placement
institutions tasked to implement the foster care program;

) "Agency Adoption” - shall refer to the mode of adoption wherein a
licensed adoption agency finds and develops adoptive families for children
who are voluntarily or involuntarily committed. The adoptive families go
through the process from application to finalization of the child's adoption
under the auspices of The National Child Care Authority (NCCA) or a
licensed/ accredited child-placing agency;

f) "Accreditation of Local Child Caring Agency Child Placing Agency" —
shall refer to the recognition by the NCCA that such agency in is
compliance with appropriate standards evidenced by a certificate of
accreditation issued by the Authority;

) “Application” — shall refer to the duly accomplished application form,
home study report including its supporting documents;

h) “Authority” — shall refer to The National Child Care Authority;

i) “Biological Parents" — shall refer to the child's mother and father by
nature or the mother aione if the child is illegitimate;

i) "Case Study Report" - shall refer to the case study of the minor and all
the prospective guardians made and submitted by the social worker in-
charge, to be submitted ta the Authority, in view of guardianship leading to
adoption:

k) "Child" — shall refer to a person below eighteen (18) years of age or
over but is unable to fully take care of hinvhersetf ot protect him/herself
from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;

w


|) “Child-caring agency” — shall refer to a private non-profit or government
agency duly accredited by the Authority that provides twenty four (24) hour
residential care services for abandoned, orphaned, neglected, or
voluntarity committed children;

m) “Child legally available for adoption" — shall refer to a child in whose
favor a certification was issued by the DSWD, and upon the adoption of
this act, by the Authority, that he/she is legally available for adoption after
the fact of abandonment or neglect has been proven through the
‘submission of pertinent documents;

n) "Child-placing agency” — shall refer to a private non-profit institution or
goverment agency duly accredited agency by the Authority that receives
and processes applicants to become foster or adoptive parents and
facilitate placement of chitdren eligible for foster care or adoption;

©) "Child Study Report" — shall refer to. a study of a child's legal status,
placement history, psychological, social,; spiritual, medical, ethno-cultural
background, and that of his/her biological family as basis in determining
the most desirable placement for hinvher;

P) “Child with Special Needs” ~ shall refer to any child who is difficult to
Place in view of some physical, psychological, and/or social limitations
including but not limited to being an older child, belonging to a sibling
group or those who may be under such analogous circumstances;

q) "Code" — shall refer to the Alternative Child Care Code of 2011;

1) "Competent Authority" — shall refer to any State entity which performs all
‘oF most of the functions under Chapter il of the Convention;

s) “Contracting State" - shalt refer to any State Party to the Convention;

t) "Convention" — shall refer to The Hague Convention on Protection of
Children and Co-operation in Respect to inter-Country Adoption;

u) “Certificate of Abandonment" — shall refer to the final written
administrative order declaring a chitt- to be dependent, abandoned, and
neglected and committing such child to the care of the Authority through a
person or duly licensed child caring/placing agency or institution. The
Tights of the biological parents, guardian or other custodian to exercise
authority over the child shall cease upon issuance of the certificate of
abandonment;

v) “Deed of Voluntary Commitment” — shail refer to the notarized
instrument relinquishing parental authority and committing the child to the


care and custody of the Authority executed by the child's biological
parent(s) 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 Authority, after counseling and other services have
been made available to encourage the child's biological parent(s) to keep
the child;

w) “Department” — shall refer to the Department of Social Welfare and
Development;

x) "Domestic adoption”. shall refer to the placing of a child within the same
country as the child's birth;

y) "Extended Family” - shall refer to a relative of a child both on the
patemal and matemal side within the fourth degree of consanguinity;

z) “Executive Director — shall refer to the Executive Director of the
National Child Care Authority;

aa) “ Fostercare” — shall refer to provision of planned substitute parental
care to a child by a foster family, licensed by the Authority when his/her
biological parents are unable to care for hinvher temporarily or
permanently;

bb)"Foster family" — shall refer to a family or persons, duly licensed by the
Authority, who provide foster care to a child placed with them/himher 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:

a. Regular family — shall refer to a foster family, which receives
material provisions from the agency in order to help meet the basic
needs of the child:

b. Volunteer Family — shail refer to a foster family which does not
receive any material provision or incentive from the agency.

cc)” Foster Placement Certificate (FPC)” — shall refer to the document
issued by the Authority authorizing foster care;

dd)"Foundling" — shall refer 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 Register as a “foundling";

e¢)"Foreign Adoption Agency’ — shall refer 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 Authority,

ff) "Foreign National" — shall refer 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;

99)"Guardian” ~ shall refer to a person in 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:

hh)"Guardianship” — shalll refer to the relationship between the guardian
and the ward;

ii) "Home Study Report" - shall refer to a study of the mativation 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;

jj) “Megal Adoption" — shall refer to an adoption that is effected in any
manner contrary to the provisions of this Code, these Rules, established
Stated policies, Executive Agreements and other laws pertaining to
adoption;

kk) “Inter-country Adoption" — shall refer to the socio-legal process of
adopting a child by a foreign national or a Filipino citizen permanently
residing abroad where the petition for adoption is filed, the supervised trial
custody is undertaken, and the decree of adoption is issued in the foreign
country where the applicant resides thereby creating a permanent parent-
child relationship between the child and the adoptive parents;

If) “Involuntarily committed child” - shall refer to the one whose parent(s),
known or unknown, has been permanently and judicially deprived of
parental authority due to abandonment, substantiai, continuous, or
fepeated neglect, abuse; or incompetence to discharge parental
responsibilities;

mmm) "Licensing" — shall refer to the process conducted by the National
Chitd Care Authority in assessing qualification and authorizing a registered
social welfare and development agency to operate as a social work
agency;

nn) "Matching" — shail refer to the judicious pairing of the applicant and the
child to promote a mutually satisfying parent-child relationship;


00)"Neglected Child” — shall refer to a child whose basic needs have been
deliberately unattended or inadequately attended within a period of three
(3) continuous months. Neglect may occur in two ways:

a. There is physical neglect when the child is malnourished, ilt-clad,
and without proper shelter. A child is unattended when left by
hirnnerself without the proper provisions and/or proper supervision.

b. There is emotional neglect when the child is maltreated, raped,
seduced, exploited, overworked, or made to work under conditions
not conducive to good health; or are made to beg in the streets or
public places; or when children are in moral danger, or exposed to
gambling, prostitution, and other vices.

pp) "Non-Contracting State” — shall refer to any State not party to the
Convention which the Authority has established working relations;

qq)"Permanency Plan" ~ shall refer to the best plan arrived at by the
Social Worker with the participation of the child, if applicable, and other
significant persons/agencies for the child's best welfare and interest. This
shall include activities for the child, foster family and the biological parents,
if available, and shall have a specific time frame until such time a
permanent placement is arrived at;

7) “Placement” — shail sefer to the physical transfer of the child with the
foster family;

ss) “Pre-Adoption Services” — shall refer to psycho-social services
provided by professionally trained social workers of the Authority, the
social service units of local governments, private and government heafth
facilities, Family Courts, licensed and accredited child-caring and child-
placing agency and such other individuals or entities involved in adoption
as may be authorized by the Authority;

tt) “Post-Adoption Services" — shall refer to psycho-social services and
support services provided by professionally trained social workers after
the issuance of the Certificate of Adoption:

“Residence” — shall refer 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) day in one (1) year shall not be considered as breaking the
continuity requirement; Provided, further that the Authority may extend this
period in meritorious cases;


w) "Secretary" — shall refer to the Secretary of the Department;

ww) “Special Home Finding” - shall refer to the process of recruiting or
identifying suitable adoptive parents for children with special needs
through the Central Authority or a Foreign Adoption Agency of the State if
there is no available family in the Roster of Approved Families;

xx) "Social Worker’ — shall refer to one who possesses a bachelor of
science in social work degree as a minimum education requirement and
must have passed the govemment ficensure examination for social
workers as required by Republic Act 4373;

yy) "Supervised trial custody” — shall refer to a period of time within which
@ social worker oversees the adjustment and emotional readiness of both
adopter(s) and adoptee in stabilizing their filial relationship; and

zz) "Voluntarily committed child" — shall refer to the one whose parent(s)
or legal guardian knowingly and willingly relinquished parental authority to
the Authority, or any duly accredited child-piacement or child-caring
agency or institution.

ARTICLE il
THE NATIONAL CHILD CARE AUTHORITY

SECTION 4. The NATIONAL CHILD CARE AUTHORITY. — There shall be
established The National Child Care Authority (NCCA) attached to the Office of
the Secretary of the Department of Social Welfare and Development. The
Authority shall consist of two (2) divisions, the Domestic Child Care Division
{OCCD), and the Inter-country Child Care Division (1CCD) and wilt be manned by
the Executive Director and the common staff support system.

SECTION 5, Composition of the National Child Care Authority and its
Divisions. - The National Child Care Authority (NCCA) shall be composed of two
(2) divisions, the Domestic Child Care Division (DCCD) and the Inter-country
Child Care Division (ICCD). The Authority shall be headed by the Executive
Director who shall be appointed by the Presktent and shall maintain a set of staff
support system as necessary.

The Domestic Domestic Child Care Division (DCCD) shall be headed by
the Division Chief appointed by the Executive Director and shalt maintain a child
placement committee and a set of other staff support system as may be deemed
necessary. Foster Care and Guardianship leading to adoption shall be among
the programs included in this Division.


The Inter-country Child Care Division (ICCD) shall be headed by the
Division Chief appointed by €xecutive Director and shall maintain a child
placement committee and a set of other staff support system as may be deemed
necessary.

SECTION 6. Functions of the National Child Care Authority. — The
functions of the National Child Care Authority shall inciude the following:

1) Formulate and develop policies on adoption, foster care, guardianship
leading to adoption and other altemative 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;

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

3) 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;

4) Monitor and assess compliance of all agencies/stakeholders both local
and foreign invoived in adoption. Gauge the progress and identify gaps in
the implementation of the law and come up with policy recommendation;

5) Conduct national information dissemination and advocacy campaign on
adoption, foster care and other altemative child care policies,

6) 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;

7) Conduct researches on adoption, foster care and other alternative child
care policies or in related fields to further improve and strengthen the
Office programs and services and for policy formulation and development:

8) Provide technical assistance and conduct capability building activities to
ali concerned agencies and stakeholders;

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

SECTION 7. Functions of Domestic Child Care Division and the Inter-
country Child Care Division. -


A. DOMESTIC CHILD CARE DIVISION (DCCD)

1) To develop and promote local adoption services, including pre and post
legal adoption services.

2) To establish and maintain database of children available for local
aanntiproncnsocnnative, rdootine arpmtg
Placement Committee,

8) To prepare periodic accomplishmentiperformance and recommendation
for the improvement of the office.

9) Conduct training needs assessment and provide technical assistance to
stake holders involved on domestic adoption and foster care.

10) Monitor the existence, number and flow of children administratively
available for adoption and prospective adopter(s), so as to facilitate their
matching.

11) Monitor the existence, number and flow of children administratively
available for foster care and prospective foster parent (s), so as to
facilitate their matching.

12) Maintain regular communications, tinkages with Child Caring Agency,
Child Placement Agency, Social Workers and Local Goverment Unit’s
involved on adoption, foster care and guardianship leading to adoption.

13) Provide technical assistance to stakeholders along case management.

14) Generate resources to help child caring and child placing agencies to
ensure viability and sustainability of operations.


15) To organize and assist adoption support group. Provide parent famity
fife education sessions and referrat for specialized services.

16) Conduct researches in collaboration with Child Caring Agencies /
Child Placement Agencies.

B. INTER-COUNTRY CHILD CARE DIVISION (ICCD)

1) To develop and promote inter-country adoption services, including pre
and post legal adoption services.

2) To establish and maintain database of children available for inter-
country adoption and prospective adoptive parents.

3) To keep secords of all inter-country adoption proceedings.

4) To maintain a national information and educational campaign on inter-
country adoption.

5) To conduct researches on adoption and other related fields.

6) To provide secretariat, records keeping and other services to the Child
Placement Committee.

7) To prepare periodic + accomplishmentiperformance and
recommendations for the improvement of the office.

8) Establish and maintain a Roster of Children available for Inter-country
Adoption and approved Applicants to be updated on a monthly basis.

9) Review and process Inter Country Adoption applications, matching
proposals, placements, and all documents requiring action by the Director.

10) Implement the guidelines for the manner by which selection/matching
of prospective adoptive parents can be made.

11) Maintain and facilitate communication with the Child Placement
Committee for inter-country and the different government offices, non-
governmental agencies, Central Authorities, Foreign Adoption Agencies in
proper cases through the Department of Foreign Affairs or the Philippine
Foreign Service Post and the generai public.

12) Review and process accreditation and authorization applications and
status of agencies for action by the Director.


13) To manage the operations and implementation of Inter-Country
Adoption programs, services, procedures, special projects & events
relative to inter-country adaption.

14) Promote and ensure enforcement ‘compliance of law, policies and
procedures pertaining to Inter Country Adoption

15) Monitor, follow-up and facilitate completion of adoption of the child
through authorized and accredited agency.

16) Coordinate the formulation of policies to enhance the Inter-Country
Adoption programs and services.

SECTION 8. Composition of Child Placement Committee. ~The Child
Placement Committee in both the Domestic Child Care Division and the Inter-
country Child Care Division shall be composed of members consisting of the
following representations: a child psychiatrist or clinical psychologist, a medical
doctor, a lawyer, a registered social worker, and a representative of a
nongovernmental organization engaged in alternative child care. Provided, that
in every matching conference, there must be a quorum.

The Executive Director shall appoint qualified persons who shall serve in
the Committee for a term of two (2) years and may be renewed at the discretion
of the Executive Director.

SECTION 9. Functions of the Committee. - The Committee shall have the
following function:

a) Carry-out an integrated system and network of selection and matching
of applicants and children;

b) Recommend to the Executive Director approval of applications and
matching proposals;

©) Act as consultants to the Executive Director in their areaffield of
expertise;

d) Initiate, review and recommend changes in policies conceming
selection, matching and placement and other matters related to child
welfare; and

e) Perform such other functions and duties as may be determined by the
Authority.

SECTION 10. Aflowances of Committee Members. — A Committee
member shall receive a reasonable per diem subject to allowable government


practices for each meeting actually attended, and remuneration for other
functions as may be determined by the Authority subject to the usual accounting
and auditing rules and regulations.

SECTION 11. Rules and Procedures of the Committee. - The Committee
shall submit, for the approval of the Executive Director, its internal rules and
procedures and any amendments thereafter.

SECTION 12. Meetings. — The Committee shail meet regularly or upon the
call of the Executive Director.

SECTION 13. The Adoption Resource and Referral Units (ARRU). ~
There shall be an Adoption Resource and Referral Unit established in alf regional
offices of the Domestic Child Welfare Division (DCWD) who shall act as
secretariat to the Child Placement Committee during conferences in addition to
its major functions. it shall be headed by the Regionat Director appointed by the
Executive Director and shall a set of other staff support system as may be
deemed necessary.

SECTION 14. Functions of the ARRU. - The ARRU of the respective
fegions shall have the following functions:

a) Keeps files on child and home study reports;

b) Keep minutes of the matching conferences;

c) Keeps data profile of children and families ready for the.conferences:

d) Follow-up the submission of documents;

e) Follow-up attendance to conference/s; and

f) Such other functions that the Authority may delegate from time to time.

SECTION 15. Allowances of the members of the ARRU. - Members of the
ARRU shall receive a reasonable per diem subject to allowable government
practices for each meeting actually attended and remuneration for other functions.
as may be determined by the Authority subject to the usual accounting and
auditing rules and regulations.

SECTION 16. Rules and Procedures of the ARRU. — The ARRU shall
submit, for the approval of the Executive Director, its internal rules and
procedures and any amendments thereafter. There must, however, be a uniform

procedure that shail be observed in all the ARRU offices in all respective regional
Offices.


SECTION 17. Meetings of the ARRU. - The ARRU shall meet regularly or
upon the cail of the Regional Director.

BOOK II
ADOPTION

ARTICLE t
PROCEDURES FOR ADOPTION

A. PROCEDURE FOR DOMESTIC ADOPTION

SECTION 18. Pre-Adoption Program. - The Authority shall provide the
services of licensed social workers to the following:

a) Biological Parent(s) ~ Counseling shall be provided to the parent(s)
before and after birth of his/her child. No binding commitment to an
adoption plan shall be permitted before the birth of his/her child. 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 before the
decision become irrevocable. Counseling and other appropriate social
service interventions and services shall also be offered to the biological
parent(s) after he/she has relinquished his/her child for adoption

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

b) Prospective Adoptive Parent(s) ~ Counseling sessions, adoption fora
and seminars, among others shall be provided to prospective adoptive
parent(s) to resolve possible adoption issues and to prepare him/her for
effective parenting.

c) Prospective Adoptee — Counseling 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 level of
maturity.

It shall be the duty of the Authority or the child-placing or child-caring
agency which has custody of the child to exert ail efforts to locate histher
unknown biological parent(s). If such efforts fail, the child shall be registered as
a founding and subsequently be declared abandoned.

The Authority shalt develop a pre-adoption program which shall include,
among other, the above-mentioned services.


In all proceeding for adoption, the Authority shall decide on the basis of all
the documents presented to it, including, but not limited to, a proof that the
biological parent(s) has been properly counseled to prevent him/her from making
hurried decision 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. There shall be no adversarial proceedings in adoption and shall be
decided ta within thirty (30) days upon submission of all the complete documents
required by the Authority.

SECTION 19. Who May Be Adopted. - The following may be adopted:

a) Any person below eighteen (18) years of age who has been
administratively declared available for adoption;

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

©) An illegitimate son/daughter by a qualified adopter to improve his/her
status to that of legitimacy;

d) A person of legal age if, prior io the adoption, said person has been
consistently considered and treated by the adopter(s) as his/her own chiki
since minority;

e) A child whose adoption has been previously rescinded;

f} 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): or

9) A child not otherwise disqualified by law.
SECTION 20. 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 modeling,
emotionally and psychologically capable of caring for children at least
sixteen (16) years older than the adoptee, 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 adoptee maybe waived when the adopter is the biological parent
of the adoptee, or is the spouse of the adoptee's parent;

15


b) The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.

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

(® if one spouse seeks to adopt the legitimate son/daughter of the
other, or

(if one spouse seeks to adopt his/her own. illegitimate
son/daughter: Provided, However, that the other spouse has
signified histher consent thereto: or

(iil) if the spouses are legally separated from each other.

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

SECTION 21. Whose Consent is Necessary to the Adoption. — After being
properly counseled and informed of his/ her right to give or withhold his/her
approvat of the adoption, the written consent of the following to the adoption is
hereby required

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

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

c} The legitimate and adopted sons/daughters, ten (10) of age or over, of
the adopters(s) and adoptee, if any;

d) The illegitimate sons/daughters, ten (10) years of age or over of the
adopter if living with said adopter or over whom the adopter exercises
parental authority and latter's spouse, if any; and

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

SECTION 22. Where to File Application. — A person eligible to adopt
under article Ill, Section 20 of this Act who desires to adopt a child in the
Philippines and has attended adoption fora and seminar, shall file their
application for adoption with the Authority or with any licensed accredited child
placing agency/s.

SECTION 23. Case Study. — No petition for adoption shall be forwarded to
the Authority unless a licensed social worker of the Authority, the social service
office of the focal government unit, or any child-placing or child-caring agency


has made a case study of the adoptee, his/her biological parent(s) as well as the
adopter(s) and has submitted the report and recommendations an the matter to
the Authority for the issuanca of the adoption certificate.

At the time of preparation of the adoptee’s case study, the concerned
social worker shall confirm with the National Statistics Office (NSO)-Civil Registry
the real identity and registered name of the adoptee. If the birth of the adoptee
was not registered with the National Statistics Office-Civil Registry, it shall be
fesponsibility of the concemed social worker to ensure that the adoptee is
registered.

The case study on the adoptee shall establish that he/she is legally
available for the 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 shalt be preserved by the Authority,

SECTION 24. Fees, Charges and Assessments. - The following fees,
charges and costs may be imposed, subject to reasonable rates as determined
by the Authority ta cover expenses in providing adoption services. The
applicant(s) shall be apprised of the fees at the start.

a) Adoption Fee/s — accredited child caring and child placing agencies
may charge reasonable feels as determined by the Authority to cover
expenses in providing adoption services. In the determination of feels,
paramount consideration shall be given to the financial capability,
especially of middie and lower income applicants to encourage adoption
even for middle and lower income families. Provided further, that
government agencies involved in the process, including the courts, if
applicable, shall not charge any fee/s for the services they rendered in the
process.

b) Publication Fee/s - the Authority shail determine the cost of the
publication of the petition for adoption for three (3) consecutive weeks in a
publication of general circulation.

¢) Legal and other court feels, as may be applicable — Alt legal actions
which may arise from all adoption applications where the chikd to be
adopted is certified as abandoned, neglected and dependent by the
NCWA and considered as ward of the State, shall be handled by the
Authority, the lawyers of the NCCA and other volunteer lawyers as
counsel for petition. All court fees shall be "de-officio.”


SECTION 25. Family Selection/Matching. — The matching of the child to
an approved adoptive parent/s shall be carried out during the regular matching
conference by the matching Committee otherwise called the Domestic Child Care
Division Child Placement Committee (DCCD-CPC) in the regional level where
the social workers of the child and family are present. Subject to the approval of
the Authority, the DCCD-CPC shall fix its own intemal rules and procedures in
accordance with this Code; Provided, however, that records of children and
approved adoptive parents not matched within thirty (30) days in the regional
level shall be forwarded to the Authority's Central office for inter-country
matching; Provided further that the children with Special needs shall be
immediately forwarded within twenty (20) days if not matched in the first meeting,
except under special circumstances. The matching proposal made by the
DCCD-CPC shall be approved by the Authority.

SECTION 26. Supervised Trial Custody. — No petition for adoption shall
be granted until 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 established a bonding
relationship. During said period, temporary parental authority shall be vested in
the adopter(s)

The Authority may motu propio 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.

If the chitd is below seven (7) years of age and is placed with prospective
adopter(s) through a pre-adoption placement authority issued by the Authority,
the prospective adopter(s) shall enjoy all the benefits to which biological
parent(s) is entitted from the date the adoptee is placed with the prospective
adopter(s).

SECTION 27. Certificate of Adoption. - If, after the submission of the
required documents for adoption by the Domestic Child Care Division, and no
opposition has been interposed to the petition, the Authority 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 originat petition was filed. This provision shall also
apply in case the pefitioner(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 NCCA.

SECTION 28. The Birth Certificate. ~ An amended Certificate of Birth shall
be issued by the Civil Registry, as required by the Rules of Court, attesting to the
fact that the adoptee is the child of the adopter(s) by being registered with his/her


sumame. 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 he/she
is an orphan, abandoned or foundling.

B, PROCEDURE FOR INTER-COUNTRY ADOPTION:

SECTION 29. inter-country Adoption as the Last Resort. — The National
Child Care Authority shall ensure all possibilities for adoption of the child under
the Family Code have been exhausted and that inter-country adoption is in the
best interest of the child. Towards this end, the Authority shall set up the
guidelines to ensure that steps will be taken to place the child in the Philippines
before the child is placed for inter-country adoption.

SECTION 30. Who may be Adopted. - Ali persons legally free for
domestic adoption may be the subject of inter-country adoption.

SECTION 31, Documents of Prospective Adoptive Child, — In order that
such child may be considered for placement, the following documents must be
submitted to the Inter-Country Child Care Division (}CCO):

a) child study report;

b) Security Paper (SECPA) Birth certificate/foundling certificate;

¢) 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 available, and updated medical abstract,

e) Certified True Copy of the Death Certifi
applicable;

fe of child's birthparent/s, if

f) Psychological evaluation as may be necessary,

9) Child's own written consent to adoption, if he/she is ten (10 years or
older witnessed by a social worker of the Authority or Child Caring/Placing
Agency and after proper counseling; and

h) Most recent whole body size picture of the child, if applicable. Any
physical impairment of the child should be visible in the picture.


SECTION 32. Who may adopt. — Any foreign national or a Filipino citizen
permanently residing abroad may file an application for inter-country adaption of
a Filipino child if he/she:

a) Comes from a country:
{i) With whom the Philippine has diplomatic relations;
(ii) Whose government maintain a foreign adoption agency; and
(iil) Whose laws allow adoption.

b) !s 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.

c) Has the capacity to act and assume all rights and responsibilities of
parental authority under his laws, and has undergone the appropriate
counseling from an accredited counselor in his/her country.

d) Has not been convicted of a crime involving moral turpitude.
€) Is eligible to adopt under his/her national faw.

f} ls 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.

9) Files jointly with his/her spouse, if any, who shall have the same
qualification and none of the disqualification to adopt as prescribed above.

SECTION 33. Where to File Application. - The application for inter-country
adoption shall be flied with the Inter-Country Child Care Division or directly with
the Authority, through an authorized and accredited agency in the country of the
Prospective adoptive parents, which application shall be in accordance with the
fequirements as set forth in the implementing rules and regulations to be
promulgated by the Authority.

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

a) Birth certificate of applicant/s and in case of relative adoption, such

relevant documents that establish the relationship between the applicant
claiming relationship to the child to be adopted;

20


b) Marriage contract, and in the proper case, Decree of Divorce of a
previous marriage;

¢) Written consent in a form of swom statement by the biological or
adopted children who are ten (10) years of age or over whom the
prospective adopter exercises parental authority;

4) Physical and medical evatuation by a duly licensed physician;

e) Psychological evaluation by a psychologist;

f) Latest income tax relum or other documents showing the financial
capacity of the applicants;

9) Clearances issued by the Police department or other proper
government agency of the place where the applicant/s reside;

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

i) Recent post card size pictures of the applicant/s, the immediate family
members and their home,

SECTION 34. Fees, Charges and Assessment. - The NCCA through the
Inter-Country Chitd Care Division (ICCD) may charge reasonable fees to cover
expenses in providing adoption services. The applicant(s) shall be apprised of
the fees at the start.

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

SECTION 35. 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 Domestic Child Care Division
(DCCD) with the 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 duty received by
the authorized and accredited inter-country adoption 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.

SECTION 36. Pre-adoptive Placement Costs. - The applicant(s) 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

applicant(s) 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.

SECTION 37. Supervision of Trial Assessments. - The goverment
agency or the authorized and accredited agency in the country of the adoptive
parents who filed the application for inter-country adoption shail be responsible
for the trial custody and the care of the child. It shail also provide family
counseling and other related cases. The trial custody shall be a period of six (6)
months from the time of placement. Only after the lapse of the period of trial
custody shall a certificate/decree of adoption be issued in the said country, a
copy of which shall be sent to the Authority to form part of the records of the
child.

During the trial custody, the adopting parent(s) shall submit to the
governmental agency or the authorized and accredited agency, which shall in
tum transmit a copy to the Authority, to the Philippine Consulate office where the
child has been placed for trial custody, a progress report of the child's
adjustment. The progress report shall be taken into consideration in deciding
whether or not to issue the consent to adoption.

The Department of Foreign Affairs, through the Philippine Embassy or
Consular Office, shall monitor Filipino children sent abroad for trial custody and
shall closely coordinate with the NCCA to ensure the repatriation to the
Philippines of a Filipino child whose adoption has not been approved.

SECTION 38. Executive Agreements. — The Department of Foreign
Affairs, upon representation of the Authority, 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

SECTION 39. Certificate of Adoption. - If, after the submission of the
fequired documents for adoption by the Inter-country Child Care Division and no
opposition has been interposed to the petition, the Authority 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 he petitioner(s) dies before the issuance of the decree 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 NCCA.

22


SECTION 40. Post Adoption Services. - There shall be a Post Adoption
Services which refers to the psycho-social and support services to be provided to
the biological parents, if still living, by the social worker of the Authority after the
adoption has been legally completed.

ARTICLE Il
EFFECTS OF ADOPTION

SECTION 41. Parentat Authority. — 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).

SECTION 42. Legitimacy. - The adoptee shall be considered the
legitimate son/daughter of the adopter(s) for all intents and purposes and as such
is entitled to ail the rights and obligations provided by the law ta legitimate
sons/daughters born to them without discrimination of any kind. To this end, the
adoptee is entitled to love, guidance, and support in keeping with the means of
the family.

SECTION 43. 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 wilt the taw on testamentary succession shall
govern. In cases of inter-country adoption, the national law of the adoptive
parents shall apply, as far as beneficial to the adopted child.

SECTION 44. Benefits. - The adoptive parents shall, with respect to the
adopted child, enjoy all the benefits to which the biological parents are entitled.
Matemity and paternity benefits and other benefits given to the biological parents
upon the birth of a child shail be enjoyed if the adoptee is below seven (7) years
of age upon the issuance of the Pre-Adoptive Placement Authority issued by the
Authority.

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

ARTICLE iil
RESCISSION OF ADOPTION

23


SECTION 45. Grounds for Rescission of Adoption. — Upon petition of the
adoptee, with the assistance of the Authority, if minor or if over eighteen (18)
years of age but is incapacitated, 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) despite
having undergone counseling;

b) attempt on the life of the adoptee;

¢) sexual assault or violence, or _
and the: adoptee to each other shall be extinguished.

The Authority shall order the Civil Registrar to cancel the amended
certificate of birth of the adoptee and restore his/her original birth certificate.

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
CONFIDENTIAL NATURE OF PROCEEDINGS

SECTION 47. Confidential Nature of 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

24


the court, the Authority, or any other agency or institution participating in the
adoption proceedings shall be kept strictly confidential

If the Authority finds the disclosure of the information to a thitd person is
necessary for purposes connected with or arising out of the adoption and will be
for the best interest of the adoptee, the Authority may merit the necessary
information to be seleased, restricting the purposes for which it may be used.

No copy thereof as well as any information relating hereto shall be
released withaut written authority from the Authority or the written request of any
of the following:

a) The child/adopted person, with appropriate guidance and counseling, or
his/her duly authorized representative, spouse, parent or parents, direct
descendants, or guardian or legal institution legaily in charge of the
adopted person, if minor.

b) The court of 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 child/adopted person; or

¢) The nearest kin, in case of death of the child/adopted person.

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

ARTICLE V
VIOLATIONS AND PENALTIES RELATING TO ADOPTION

SECTION 48. Violations and Penalties. -

a) Any person who shat! 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 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 name(s) of a person(s) who is not his/her biological
parent(s) shall be guilty of simulation of birth, and shail be punished by
prison mayor in its medium period and a fine not exceeding Fifty
Thousand pesos (P50,000.00).

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

c) Any person who shall violate established regulations relating 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 (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 enumerate.

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.

Act 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 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.

26


SECTION 49. Public Officers as Offender. - Any govemment official,
employee or functionary 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
faws, rules and regulations. Provided, that upon the filing of a case either
administrative or criminal, said govemment official, employee, or functionary
concemed shall automatically suffer suspension until the resolution of the case.

SECTION 50. Rectification of Simulated Births, -— A person who has, prior
to the effectivity of this Act, simulated the birth of a child shall not be punished for
such act; Provided that the simulation of the birth was made for the best interest
of the child and that he/she has been consistently considered and treated by that
person as his/her own son/daughter. Provided, further that the application for
correction of the birth registration and petition for adoption shall be filed within
five (5) years from the effectivity of this Act and completed thereafter. Provided,
finally, That such person complies with the procedure as specified in Article It of
this Act and other requirements as determined by the Authority.

The local social welfare office and the barangays within its coverage shail
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 ARRU for assessment and filing of legal; adoption under
the provisions of this Code.

BOOK ill
FOSTER CARE

ARTICLE |
FOSTER CARE AS PROGRAM OF NCCA-DCCD

SECTION 51, Foster Care as Mandatory and Permanent Program of
NCCA. - The National Child Care Authority-Domestic Child Care Division shall
endeavor fo maintain and improve foster care services as mandatory and
permanent program of the Authority. This program shall be under the auspices
of the Domestic Child Care Division headed by the Division Chief.

SECTION 52. Foster Care Committees. - The Regional Foster Care
committee maybe convened by the DCCD as necessary whenever there are
difficulties in the foster placements. The Committee shall be composed of mutti-
disciplinary team of professionais responsible for resolving the difficulties in a
foster placement.


SECTION 53. Advocacy Campaign. - National Government Agencies
(NGAs), National Government Organizations (NGOs), Peoples Organizations
(PO), Faith Based Organizations, and civil society shall reach out to communities
to recruit applicants for foster care.

SECTION 54. Recruitment and Development of Foster Parents. — National
Govemment Agencies (NGAs), National Government Organizations (NGOs),
Local Goverment Units (LGUs), and Peoples Organizations (PO) shall develop
foster parents who shall provide foster care to children.

SECTION 55, /ssuance of License. - The NCCA shall issue a foster
license to parents who were approved as foster parents by the DCCD based on
the home study report. submitted by the agency to determine the motivations,

capacities and potentials for development of applicants. The license is vaiid for
three (3) years unless otherwise revoked by the NCCA.

ARTICLE I
PROCEDURES FOR FOSTER CARE

SECTION 56. Who may be fostered. - The following may benefit from
foster care:

a) A Child as defined in Article I, Section 3 of this Act;

b) A child who is either abandoned, neglected or orphaned;

¢) A child in need of special protection due to any of the following
conditions and circumstances:

i. When his/her parents /guardians are in crisis which render
him/her temporarity or permanently incapable of adequately
providing care for hinvher,

ji, When his/her parents/guardians are known to be inflicting
physical or sexual abuse;

ili, When he/she is a victim of commercial sexual exploitation;
iv. When he/she has emotionat and psychological difficulties;

v. When he/she is affected with Human Immunodeficiency Virus
(HIV) / Acquired immune Deficiency Syndrome (AIDS);

28


vi, When the child has committed a minor offense and released on
fecognizance or on custody supervision but whose family or
relatives are not capable or providing him/ner adequate/appropriate
care.

d) A child matched for adoption.

SECTION 57. Who May Foster. — The kins or relatives of the foster child,
if willing and available, become the priority prospective foster family. All
applicants, including the kins or relatives of the foster child, must meet all the
following quatifications:

a) Shall be at least 25 years of age and shail have a genuine interest in
parenting a related or non-felated child;

b) May either be married, widowed, separated or single. Provided, that
single applicants must be able to provide a family atmosphere for the
child;

©) Must have a healthy and harmonious relationship with each family
member;

d) Must have a good moral character, emotional maturity; be physically fit
and financially able to provide for the family's needs;

e) Must be willing to be trained fo hone their knowledge, attitude and skills
in caning for children;

f) Alien applicants must have at least one (1) year residency in the
Philippines and possess all the qualifications stated above.

SECTION 58. Matching. - This shall be done by the agency only after the
child case study report, home study report and other required documents have
been completed,

SECTION 59. 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.

SECTION 60. 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 Division Chief of the
Domestic Child Care Division (DCCD).


SECTION 61. Reporting. — in case of injury or death of the child, or if the
child runs away or gets lost, such case shal! be reported immediately to the
Agency, which, in turn, shall report the same to the nearest DCCD field office.
The agency shall submit an incidental report together with the medical and death
certificate, as the case may be, to the nearest DCCD field office.

SECTION 62. Termination of Placement. ~ Termination of Placement shall
be done by the Agency, upon the recommendation of the social worker, on any of
the following grounds:

a) Reunion of the child with his/her biological family; adoption; referral to
another foster family or residential institution/facility; and death of the
child.

b) After the reunion of the child with his/her biological family, adoption or
Teferral to another foster famity or residential institutionAacility, the social
worker shall be available to ensure the child's reintegration and
adjustment to his/her biologicaVadoptive/foster family; and

¢) The biological/adoptive/foster family shall be provided with counseling
to enable them to understand and cope with the child's adjustment
problem to his/her environment.

SECTION 63. Adoption of a Foster Child. ~ A foster family may adopt
their/hisfher foster child. The foster family must have ail the qualifications as
provided for in Chapter 1 of this Act, for domestic adoption or inter-country
adoption, as the case may be. However, foster care shall not be used as a
venue to select a child to be adopted.

ARTICLE Ill
FOSTER GARE SUPPORT SERVICES

SECTION 64. Health insurance. — A foster child shall be entitled to health
insurance benefits subject to the guidelines to be used by the Authority and
PHILHEALTH

SECTION 65. Special Discounts. - To the extent possible, the
government may grant speciat 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
(OTI) and the Department of Agriculture (DA).

30


SECTION 66. Foster Child Subsidy. — A foster child, through the agency,
shall be entitled to a. monthly subsidy from the government (NCCA and/or LGU),
subject to existing government standards and auditing rules and regulations to
include incidental expenses. The subsidy is primarily aimed to support the
expenses of the child to lessen the financial burden of the foster family. This also
is an incentive to families to continue caring for children.

SECTION 67. Foster Family incentives. — A foster family, through the
agency, shall be entitled to a monthly incentive from the government (NCCA
and/or LGUs), subject to existing goverment standards and auditing rutes and
regulations.

SECTION 68. Support Care Services. - The NCCA and the social service
unit of the LGU or agency shall provide support care services to include, but not
limited to, counseling and other psycho-social services, visits, training on child
care and development, respite care, skills training and livelihood assistance, as
the case may be.

SECTION 69. Support to Biological Parents. - Counseling 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

SECTION 70. Tax incentives for Foster Parents. — Foster parents shall be
entitled to the following tax incentives:

a) Personal Exemption. For purposes of determining the taxable income of
licensed volunteer foster parent who is either unmarried, widowAwidower
of legally separated, a foster child shall be treated as a dependent by the
said foster parent, that would qualify hinvher as “head of the family”
entitled to the PS0,000.00 personal exemption under the provisions of
Section 35{A) of the National Internal Revenue Code of 1997 as amended
by Republic Act 9504;

b) Additional Exemption for Dependents. For purposes of claiming the
P25,000.00 additional exemption of foster parent/s for each dependent not
exceeding four (4), the definition of the term “dependent” under Section
35(8) of the NIRC of 1997 as amended by Republic Act 9504, shall be
amended to include “foster child", provided however, that all the other
conditions provided for under the aforesaid section of the Tax Code are
complied with. Provided, further, that this addifional exemption shall be
allowed only if the period of foster care is at least a continuous period of
one taxable year.

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ARTICLE IV
VIOLATIONS AND PENALTIES IN RELATION TO FOSTER CARE

SECTION 71. Penalties. - Any persors caring for a child, whether
ficensed or without a license as foster family, found to be committing acts of
negiect, abuse, cruelty or exploitation and other conditions prejudicial to the
child's development or has under hisMher custody two or more children without
any legal basis or without being licensed to act as a foster family shalt 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.

Any agency found to be violating any provision of Chapter II of this Act
shall suffer the following penatties:

1) For the first violation, a fine of not less than Five Thousand Pesos.
(P5,000.00) but not exceeding Ten Thousand Pesos (P 10,000.00); and

2) For any subsequent violation, a fine of not less than Twenty Thousand
pesos (P20,000.00) but not exceeding One Hundred Thousand Pesos
(P100,000.00) and the revocation of the license of the agency concemed

BOOK Iv
GUARDIANSHIP LEADING TO ADOPTION

ARTICLE |
GUARDIANSHIP AS ALTERNATIVE CHILD CARE

SECTION 72. Guardianship as Altemative 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

guardiar/s endeavors and expressed his/heritheir intention to the adoption of the
ward.

All relevant provisions on adoption, whether, inter-country or domestic
adoption, as the case may be, shall govem .in cases of guardian/s intending to
adopt his/herftheir ward.

SECTION 73. Petition for the adoption of the Ward. — After the termination

of guardianship, the guardiar’s may opt to adopt his/her/their ward by filing a
Petition for adoption pursuant to Book Il of this Act. All the qualifications

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prescribed in Book II of this Act shall be met with, as weil as alll the requirements
for adoption must be complied with.

The Authority may motu propio 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
teasons for the reduction of the period.

FINAL PROVISIONS:

SECTION 74. Implementing Rules and Regulations. — Within six (6)
months from the promulgation of this Act, the Authority, with the Council for the
Welfare of the Children, the Office of Civil Registry General, the Department of
Justice, Office of the Solicitor General, Department of Foreign Affairs after due
consultation with agencies involved in child-care and placement shall promulgate
the necessary rules and regulations to implement the provisions of this act within
six (6) months after its effectivity.

SECTION 75. 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.

SECTION 76. Repealing Clause. ~ 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.

SECTION 77. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, the other provisions not affected thereby shall remain
valid and subsisting.

SECTION 78. Effectivity Clause. ~ This Act shall take effect fifteen (15)
day following its complete publication in any newspaper of general circulation or
in the Official Gazette.

Approved,

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