Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 45

Introduced by Representative PAUL R. DAZA

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

EXPLANATORY NOTE

Adoption is considered by societies as an important mechanism through which
orphaned, abandoned, abused, or neglected children may have better chances in life. It also
allows single individuals or couples to become parents even without biological siring of
offspring.

However, the social and legal processes of adoption in the Philippines is considered by
many as tedious and costly. Thus far, only 177 cases were issued Adoption Decree of which
60% were finalized within 1 to 3 years.' The current law, Republic Act No. 8552 or Domestic
Adoption Act of 1998, requires a set of procedures—while founded on good intents—that often
lead to emotional and financial strains on parties involved, not to mention clogging of cases in
courts.

Adoption is a statutory mandate of the Department of Social Welfare and Development
(DSWD). Since time immemorial, because of its expertise in knowledge, training, and
experience, the DSWD has been the primordial body that sees to the implementation of
adoption rules and procedures, allowing adoptive parents and adopted children to enjoy the
fullness of blissful family life.

Thus, conformably to the Doctrine of Primary Jurisdiction’, it is imperative, if not
beneficial, to empower by law the DSWD to adopt and implement an administrative adoption
procedure.

' The number could be higher because there are adoption cases that do not go through the DSWD even while
‘many courts do not furnish DSWD of copies of decrees. Whereas, if adoption will become entirely administrative
for all cases/categories, DSWD will have a concrete record of finalized adoptions in the country since through the
Book of Adoptions, the 1-3 years’ timeframe only refers to the adoption of children issued with CDCLAA. Many
of the remaining cases took as long as five (5) year
2 The Doctrine of Primary Jurisdiction holds that if a case is such that its determination requires the expertise,
specialized training and knowledge of an administrative body, relief must first be obtained in an administrative
proceeding before resort to the courts is had even if the matter may well be within their proper jurisdiction. (Euro-
‘Med Laboratories, Phil, Inc., vs. The Province of Batangas, G.R.No.148106, July 17, 2006; 495 SCRA 301, 304
{2006)).

4.


In fact, Congress has already recognized the doctrine through, at least, two statutes:
Republic Act 9523 and Republic Act 11222.

Republic Act 9523 or the CDCLAA Law is “AN ACT REQUIRING
CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR
ADOPTION" AS A PREREQUISITE FOR ADOPTION PROCEEDINGS, 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.” This law transferred to the
DSWD from the courts the declaration of the abandonment of a child.

Republic Act No. 11222 or the Simulated Birth Rectification Act, entitled “AN ACT
ALLOWING THE RECTIFICATION OF SIMULATED BIRTH RECORDS AND
PRESCRIBING ADMINISTRATIVE ADOPTION PROCEEDING FOR THE PURPOSE.”
likewise transferred to the DSWD from the courts the rectification of simulated birth records
and the resultant administrative adoption.

In brief, making the adoption process purely an administrative proceeding and
empowering the DSWD to do it will save costs for intending adoptive parents, promote
wholesome family life for disadvantaged children, and de-clog the already overburdened
courts,

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

eee “A

First District, Northern =a


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. ce

Introduced by Representative PAUL R. DAZA

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

ARTICLE I
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as the Domestic Administrative Adoption Act
of the Philippines.

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

It shall also be the State policy to:

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

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

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

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

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

(vi) Encourage domestic adoption so as to preserve the child's identity and culture in
his/her native land, and only when this is not available shall intercountry adoption be
considered.


No child shall be a subject of administrative adoption unless the status of the child has been
declared legally available for adoption either in a judicial or administrative proceeding except
in cases of relative or step-parent adoption where such declaration is not required.

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

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

Section 4. 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 three (3) continuous
months;

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

(c) Adoption isa socio-legal process of giving a permanent family to a child whose parents
have voluntarily or involuntarily given up their parental rights;

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

(e) Childcaring agency is a duly licensed and accredited agency by the Department that
provides twenty-four (24)- hour residential care services for legally available children;

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

(g) Childplacing agency is a duly licensed and/or accredited agency by the Department to
provide comprehensive child welfare services including but not limited to facilitating
applications for adoption, evaluating the prospective adoptive parents and preparing the
home study report;

(h) Department refers to the Department of Social Welfare and Development;

(i) Domestic Adoption refers to adoption proceeding, which is undertaken between a
Filipino child and adoptive parents who are permanently residing in the Philippines;

(j) Foundling refers to a person whose facts of birth are unknown;

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

(1) Matching refers to the judicious selection from the regional or interregional levels of a
family for a child based on the child's needs and in his/her best interest as well as the
capability and commitment of the adoptive parents to provide such needs and promote
a mutually satisfying parent-child relationship;

(m)Neglected is one whose basic needs have been deliberately unattended or inadequately
attended within a period of three (3) continuous months;


(n) Regional Director refers to the head of the regional office of the Department of Social
Welfare and Development

(0) Relative refers to a relative within the fourth degree of consanguinity or affinity;

(p) Secretary refers to the Secretary of the Department of Social Welfare and
Development;

(q) Simulation of birth refers to supplying of wrong information to the birth record of a
child making it appear in the birth records that a certain child was born to a person who
is not the biological mother, causing the loss of the true identity of the child;

(0) Social Welfare Development Officer refers to a person who is a duly licensed social
worker and appointed by the local chief executive to head the provincial, city or
municipal social welfare development office which serves as the frontline of the local
government unit in the delivery of social welfare and development programs and
services;

(s) Social worker any person who practices social work in the Philippines and who is
registered or exempted from registration in accordance with the provisions of relevant
laws or mandate of governing professional regulatory agency (¢.g., Professional
Regulation Commission).

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

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

(v) Surrendered Child refers to a child whose parent(s) knowingly and voluntarily
relinquished parental authority to the Department.

ARTICLE IL
PRE-ADOPTION SERVICES

Section 5. Services, - It shall be the duty of the Local Government Unit, child caring agencies
or child placing agencies to ensure that necessary services are provided to the biological parents
of the child to prevent the child's separation from them. In cases where adoption is being
considered or might be considered, counselling services by a licensed social worker to the
following shall be conducted:

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

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


(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 him/her for effective parenting,

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

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

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

Section 6. Location of Parent(s).- It shall be the duty of the Department or the child-placing
or the child-caring agency, which has custody of a child to exert all efforts using, but not limited
to tri-media and any other possible means to locate the biological parent(s) of the child and
seek his/her/their consent. If such efforts fail and if applicable, the child shall be registered as
a foundling and subsequently be the subject of administrative proceedings where he/she shall
be declared abandoned.

ARTICLE Il
ELIGIBILITY

Section 7. 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,
emotionally and psychologically capable of caring for children, at least sixteen (16) years older
than the adoptee, and who is in a position to support and care for his /her children in keeping
with the means of the family. The requirement of sixteen (16) year difference between the age
of the adopter and the adoptee may be waived when the adopter is the biological parent of the
adoptee, or is the spouse of the adoptee's parent or older sibling of the adoptee;

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

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

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

(e) The actual custodian with respect to the child or person who has been under his/her
care and whom he/she genuinely and consistently treated as son or daughter;


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

(i) if one spouse seeks to adopt the legitimate son/ daughter of the other;

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

(iii) 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 8. Who May Be Adopted.- The following may be adopted:

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

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

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

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

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

(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),

(g) A relative within the 4th degree of affinity or consanguinity of the adopter.

Section 9. Whose Consent is Necessary to the Adoption. — After being properly counseled and
informed of the right to give or withhold approval 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 biological parent of the child, if known, or the legal guardian who has legal custody
of the child;

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

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

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

Section 10. Documentary Requirements. - The Prospective Adoptive Parent(s) (PAPs) shall
attach the following to the Petition for Adoption:

1, Home Study and Child Study Report duly prepared by a licensed social worker,
2. Authenticated birth record of the PAPs and the child;
3. NBI/Police Clearance; if a foreigner married to a Filipino, clearance from the

international police and police authorities of the country or countries where he has been
a resident.


4. Written consent to the adoption by the biological parent(s) or the person(s) exercising
substitute parental authority over the child and the written consent of the child if at least
ten (10) years old, signed in the presence of the social worker of the Department or
child caring agency after proper counseling as prescribed in this Act;

5. Authenticated Death Certificate of biological parent(s), as applicable;

6. Certification Declaring a Child Legally Available for Adoption (CDCLAA), as
applicable;

7. Result of recent medical evaluation of the child and PAPs;
8. Result of Psychological Evaluation of the PAPs;
9. Result of Psychological Evaluation of the child, as applicable;

10. Child care plan with list of at least three temporary custodians of the child in order of
preference in case of death, absence, or incapacity of the PAPs;

11, Letter attesting to the character and general reputationof the PAPs from at least three
(3) non-related character references, of whom one must preferably come from an
employer/supervisor or with whom the PAP(s) have business dealings. The other two
recommendation could come from neighbor, community leader or anyone who could
vouch for the PAPs' reputation and moral standing. The contact details of the person
attesting must be so indicated in the letter;

12. Recent close-up and full body pictures of the child and PAPs taken within the last six
(6) months.

13. For cases of relative within the 4th degree of consanguinity or affinity, genogram must
be attached to establish the relationship between the prospective adoptee and adopters.

The social worker of the Department is not precluded from asking additional documents
he may deem necessary as proof of facts alleged in the petition or to establish a factual claim.

ARTICLE IV
PROCEDURE

Section 11. Case Study and Home Study Report. — A licensed social worker from the social
service office of the local government unit, or any child-placing or child-caring agency or an
adoption social worker with atleast 3 years experience in handling adoption cases, as certified
by the Department shall conduct a case study of the adoptee, his/her biological parent(s), as
well as the adopter(s), and shall submit the report and recommendations on the matter to the
Department as among the supporting documents of the petition

The case study of the adoptee shall establish that he/she is eligible for adoption and that the
documents to support this fact are valid and authentic. It shall also be established that a regular
child is legally available for adoption and various intervention were extended to the child's
biological family,


Further, the home study of the prospective adoptive parent(s) shall ascertain his/her genuine
intentions and that the adoption is in the best interest of the prospective adoptee.

If after the conduct of the case studies, the social worker discovered new information that would
warrant denial of the petition, he shall make the proper recommendation to the Department,
furnishing a copy thereof to the petitioner.

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

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

Cases of relative adoption shall not undergo the matching process, instead, the PAPs shall
automatically be issued with Pre-Adoption Placement Authority.

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

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

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

In case the placement did not prosper, the social worker must provide the necessary
intervention to ensure that the child is protected and his/her needs are adequately responded.

Section 15. Petition for Administrative Adoption. — The thriving parent-child relationship
during the Supervised Trial Custody period as substantiated by the bi-monthly monitoring
report of the social worker shall give rise to the filing of a Petition for Administrative Adoption.



‘The petition for administrative adoption shall be notarized and state the facts necessary to
establish the merits of the petition. The petitioner must specifically allege that he/she is of legal
age, in possession of full civil capacity and legal rights; is of good moral character; has not
been convicted of any crime involving moral turpitude; is emotionally and psychologically
capable of caring for children; is at least sixteen (16) years older than the adoptee, unless the
adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent or is the
sibling of the adoptee; and is in a position to support and care for his children in keeping with
the means of the family and has undergone pre-adoption services.

No subsequent petition for adoption shall be entertained unless a prior petition has attained
finality.

Section 16. Where to file the Petition for Administrative Adoption. - The petition shall be
filed with the DSWD Field Office where the PAPs reside.

Section 17. Administrative Adoption Process.- The Regional Director shall review the petition
and the supporting documents. The identity of the child and the petitioner including the
motivation to adopt shall be personally determined by him through the documents and
interview with the petitioner and the child. The RD shall have thirty (30) days to examine the
petition and its supporting documents and determine whether the same is sufficient in form and
substance, he shall render a recommendation thereof and forward the petition and the
supporting documents within seven (7) days to the Office of the Secretary of Social Welfare
and Development, from the date of the recommendation. The Secretary shall act and decide on
the recommendation within thirty (30) days from receipt thereof.

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

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

Section 19. Order of Adoption. — If the supervised trial custody is satisfactory to the parties
and the Department is convinced from the trial custody report, the petition and its supporting
documents that the adoption shall redound to the best interests of the adoptee, a decree of
adoption shall be issued, which shall take effect as of the date the original petition was filed
even if the petitioner(s) die before its issuance. The same shall be final and executory.

‘The order shall:

A. State the name by which the child is to be known and registered;

B. Order:

10


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

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

1. to annotate on the adoptee’s original birth record the order of adoption within thirty (30) days
from receipt of the Adoption Order;

b. to issue a new certificate of birth which shall not bear any notation that it is a new or
amended certificate and which shall show, among others, the following: registry number, date
of registration, name of child, sex, date of birth, place of birth, name and citizenship of adoptive
mother and father,and the date and place of their marriage, when applicable;

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

d. to submit to the Department proof of compliance with all the foregoingwithin thirty (30)
days from receipt of the decree.

Section 20. Benefits of Prospective Adoptive Parent(s). When the child is seven (7) years old
‘or below, the issuance of PAPA shall entitle the PAPs to the rights and privileges of a biological
parent under the existing laws.

Section 21. Civil Registry Record. — An amended certificate of birth shall be issued by the
Civil Registry, pursuant to the Order of Adoption, attesting to the fact that the adoptee is the
child of the adopter(s) by being registered with his/her surname. The original birth record shall
be stamped "cancelled" with the annotation of the issuance of an amended birth certificate in
its place and shall be sealed in the civil registry records. The new birth certificate to be issued
to the adoptee shall not bear any notation that it is an amended issue.

Section 22. Book of Adoptions. - The Department shall keep a book of adoptions showing the
date of issuance of the Order in each case, compliance by the Civil/Municipal Registrar with
the preceding section and all incidents arising after the issuance of the decree

Section 23. Confidentiality. — All petitions, documents, records, and papers relating to
administrative adoption proceedings in the files of the city or municipal SWDOs, the DSWD
Central and Field Offices, or any other agency or institution participating in such proceedings
shall be kept strictly confidential. If the disclosure of certain information to a third person is
necessary for security reasons or for purposes connected with or arising out of the
administrative adoption and will be for the best interest of the adoptee, the Secretary may, upon
appropriate request, order the necessary information released, restricting the purposes for
which it may be used and in accordance with the existing laws on data privacy.

Section 24. Alternative Family Care Bureau. An office dedicated for alternative family care to
which adoption belongs shall be created including the required staff complement.

Section 25. Fees. - The city or municipal SWDO, DSWD, the Office of the Local Civil
Registrar, Child Caring/Placing Agencies may charge socialized fees to those who avail of the

a


administrative adoption proceedings under this Act subject to the rate to be determined by the
Department.

A social worker handling cases of adoption for at least three (3) years, as certified by the
Department, may also charge cost recovery fee to be determined by the DSWD for the conduct
of home visits, monitoring visits and child and home study report. However, three years after
the effectivity of this Act and onwards, adoption social workers must be accredited by the

Department.

ARTICLE V
EFFECTS OF ADOPTION

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

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

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

ARTICLE VI
POST-ADOPTION SERVICES

Section 29. Preliminaries to Adoption Telling.- \t shall be the duty of the social worker who
handled the child's case to conduct activities to adoptees four (4) years old or above, that will
trigger or provide them inkling about the adoption. This is based on the principle that in
adoption, the earlier the child knows about it, would be to his/her advantage. However, nothing
in this Act shall be construed as mandatory for the social worker to divulge the adoption.
His/her role is merely to incite the adoption telling by the adoptive parent(s).

Section 30. Tracing the Roots.-Upon reaching the age of majority, an adoptee may seek the
assistance of the Department, Local Government Unit or the Child Caring/Placing Agency to
trace his/her biological family and eventually have a face to face meet-up, provided, the
adoption triad received adequate preparation from a licensed social worker regarding the said
meet-up.

Section 31. - Monitoring and Submission of Report. Upon finalization of the adoption, the
social worker of the adoptive parents is hereby mandated to conduct post-placement monitoring
to ensure that the adoption redounded to the best interest of the child. A semestral report shall
be submitted to the Department during the first two (2) years of the issuance of the order of
adoption. Depending on the age and/or circumstances of the child, DSWD shall require
additional visit/reporting (i.e., annual) after the two-year period.

22


ARTICLE Vil
RECISSION OF ADOPTION

Section 31. Grounds for Rescission of Adoption. — Upon petition of the adoptee with the
Department of Social Welfare and Development,or with the assistance of the SWDO if he is a
minor, or if he is over eighteen (18) years of age but is incapacitated or by his guardian, the
adoption may be rescinded on any of the following grounds committed by the adopter:

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

(b) attempt on the life of the adoptee;

(c) sexual abuse or violence; or

(@ abandonment and failure to comply with parental obligations.

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

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

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

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

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

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

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

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.
‘The Department shall further order the Civil Registrar where the adoption order was registered

to cancel the new birth certificate of the adoptee and reinstate his original birth or foundling
certificate.

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SECTION 36. Service of Decision.— A certified true copy of the decision shall be served by the
petitioner upon the Civil Registrar concemed within thirty (30) days. The Civil Registrar shall
forthwith enter the rescission order in the register and submit proof of compliance to the
Department within thirty (30) days from receipt of the order.

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

ARTICLE VII
VIOLATION AND PENALTIES

Section 37. Violations and Penalties. — (a) The penalty of imprisonment ranging from six (6)
years and one (1) day to twelve (12) years and/or a fine not less than Fifty Thousand Pesos
(PhP 50,000.00), 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:

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

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

(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.

(b) Any person who shall cause the fictitious registration of the birth of a child under the
name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of
birth, and shall be punished by prision mayor in its medium period and a fine not exceeding
Fifty Thousand Pesos (PhP50,000.00).

Any physician, midwife or nurse or hospital personne! who, in violation of his/her oath of
office, shall cooperate in the execution of the above-mentioned crime shall suffer the penalties
herein prescribed as well as the penalty of permanent disqualification from the practice of
profession following relevant prescriptions of the law and governing authorities (e.g.,
Professional Regulation Commission).

Any person who shall violate established regulations relating to the confidentiality and integrity
of records, documents, and communications of adoption applications, cases, and processes
shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2)
years, and/or a fine of not less than Five Thousand Pesos (PhP5,000.00) 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. Acts 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.

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

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

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

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

ARTICLE IX
FINAL PROVISIONS:

Section 38. Information Dissemination. - The DSWD, in coordination with the Department
of the Interior and Local Government (DILG), the Department of Education (DepEd), the
Department of Justice (DOJ), the Department of Health (DOH), the Council for the Welfare of
Children (CWC) shall disseminate information regarding this Act and its implementation to
the public.

Section 39. Implementing Rules and Regulations. - The Secretary, after due consultation with
the Philippine Statistics Authority, DOJ, DILG, DepEd, DOH, NBI, Association of the LCR,
NCDA, DFA, Child's Rights Network, PhilHealth, SSS, CWC and Office of the Solicitor
General, and two (2) private individuals representing child-placing and child-caring agencies
shall formulate the necessary guidelines to make the provisions of this Act operative.

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

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

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

Section 43. Separability Clause. — \f any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected shall remain in full
force and effect.

Section 44. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation

Approved,

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