EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S E N A T E
S. No. 1070
©Kicf o( tl;f ^rrrt'tnrp
'19 
SEP 23 
P4 2 4
RLLc.. - J -
Introduced by Senator Grace Poe
AN ACT
ESTABLISHING 
THE 
RULES 
AND 
POLICIES 
ON 
THE 
DOMESTIC 
ADMINISTRATIVE ADOPTION PROCEEDING OF FILIPINO AND FOR OTHER 
PURPOSES
Explanatory Note
The current law, Republic Act No. 8552 or Domestic Adoption Act of 1998 
involves two aspects: the social and the legal aspect. Both entail tedious processes 
and high cost. Only when the petitioners were able to convince the court that they 
are qualified to adopt, and that the adoption would redound to the best interest of 
the adoptee will an adoption decree be issued and the adoptive parents could enjoy 
the effects/benefits of legal adoption. On the average, only 177 cases were issued 
Adoption Decrees -  of which only 60% were finalized within 1-3 years -  among the 
children with a Certification Declaring a Child Legally Available for Adoption 
(CDCLAA) that were matched to local adoptive families and for which a Petition for 
Adoption in court was filed.
This motivated the Department of Social Welfare and Development (DSWD) 
to lobby for a law espousing Administrative Adoption following the Doctrine of 
Primary Jurisdiction. One principle enunciated in this doctrine states that an 
administrative agency may provide an orderly procedure prescribed by law with 
respect to matters peculiarly within the competence of that agency. Adoption is a 
statutory mandate of the DSWD. Since time immemorial, rules and policies have 
been in place and the implementation have caused many adoptees to enjoy the 
fullness of life they have today. Reference may be made to printed successful 
adoption stories and even those shared during adoption activities.


The State even recognized the competence of the Department by virtue o f RA 
9253 or "An A ct Requiring Certification O f The Department o f Social Welfare and 
Development (DSWD) To Declare A "Child Legally Available For Adoption" As A 
Prerequisite For Adoption Proceedings"inhere the declaration of abandonment of a 
child which used to be a judicial proceeding was transferred to the Department. The 
same view was adopted by the passage of RA 11222 or otherwise known as the 
Simulated Birth Rectification Act. The transfer of the process contemplated in the 
statutes is the exercise of competence being referred to and within the ambit o f the 
doctrine.
Conversely, taking adoption into the realm of administrative proceeding will 
hasten the process, minimize the cost on the part of the petitioners and de-clog 
numerous court cases thus, benefitting the public in general and encourage more 
individuals or couples to adopt children.
Considering the above premises and for the best interest and welfare of the 
children awaiting permanent family, the immediate approval and passage of this bill 
into law is immediately sought.
/ k ^ C E  POE


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
sS NEoN A i Tc f ; o
of ll)f » fcrrta rP
•19 SEP 23 P4--24
RECt. ' -0 oY.
Introduced by Senator Grace Poe
AN ACT
ESTABLISHING 
THE 
RULES 
AND 
POLICIES 
ON 
THE 
DOMESTIC 
ADMINISTRATIVE ADOPTION PROCEEDING OF FILIPINO AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in Congress 
assembled:
1 
ARTICLE I
2 
GENERAL PROVISIONS
3
4 
Section 
1. Short Title. -  This Act shall be known as the Domestic
5 
Administrative Adoption Act.
6 
Sec. 2. Declaration o f Policy. -  It is hereby declared the policy of the State to
7 
ensure that every child remains under the care and custody of the parents and be
8 
provided with love, care, 
understanding and security towards the full and
9 
harmonious development of the child's personality. Only when such efforts prove
10 
insufficient and no appropriate placement or adoption within the child's extended
11 
family is available shall adoption by an unrelated person be considered.
12 
In all matters relating to the care, custody and adoption of a child, his/her
13 
interest shall be the paramount consideration in accordance with the tenets set forth
14 
in the United Nations (UN) Convention on the Rights of the Child; UN Declaration on
15 
Social and Legal Principles Relating to the Protection and Welfare of Children with
16 
Special Reference to Foster Placement and Adoption, Nationally and Internationally;
17 
and the Hague Convention on the Protection of Children and Cooperation in Respect
18 
of Inter-country Adoption. Toward this end, the State shall provide alternative


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1
protection and assistance through foster care or adoption for every child who is 
neglected, orphaned, or abandoned.
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 and counselling for the 
biological parent(s), child and adoptive parent(s);
(vi) 
Encourage domestic adoption so as to preserve the child's identity and 
culture in his/her native land, and only when this is not available shall 
inter-country adoption be considered.
No child shall be a subject of administrative adoption unless the status of the 
child has been declared legally available for adoption either in judicial or 
administrative proceedings except in cases of relative or step-parent adoption where 
such declaration is not required.
It is hereby recognized that the administrative adoption processes under the 
jurisdiction of the Department of Social Welfare and Development for the cases of 
regular children, relative, step- parent and adult adoptees are the most expeditious 
proceedings that will redound to their best interest.
Sec. 3. Objectives. -  This Act shall provide for and allow simpler and 
inexpensive domestic administrative adoption proceedings.
Sec. 4. Definition o f Terms. -  As used in this Act:
(a) A child iegaiiy avaiiabie fo r adoption -  a child or person, whose case is
abandoned, neglected or surrendered and who has been voluntarily or
2


1 
involuntarily committed to the Department or to a duly licensed child-
2 
caring/child-placing agency and issued with a Certification declaring him/her
3 
available for adoption;
4 
{b) Abandoned Child -  one who has no proper parental care or guardianship or
5 
whose parent(s) has deserted him/her for a period of at least three (3)
6 
continuous months;
7 
(c) Actual Custodian -  the guardian or spouses who raised a child/person and
8 
consistently treated him/her as his/her/their own child.
9 
{d) Adoption -  the socio-legal process of giving a permanent family to a child
10 
whose parents voluntarily or involuntarily given up their parental rights;
11 
(e) Child -  a person below eighteen (18) years of age or a person 18 years or
12 
over but is unable to fully take care or protect himself/ herself from abuse,
13 
neglect, cruelty, exploitation, or discrimination because of physical or psycho
14 
social disability or condition;
15 
(f) Child-placing agency -  a duly licensed and accredited agency by the
16 
Department to provide comprehensive child welfare services including, but
17 
not limited to, facilitating applications for adoption, evaluating the prospective
18 
adoptive parents and preparing the home study report;
19 
(g) Child-caring agency -  a duly licensed and accredited agency by the
20 
Department that provides twenty four (24)- hour residential care services for
21 
regular children;
22 
(h) D epartm ent- the Department of Social Welfare and Development;
23 
(i) Domestic Adoption -  the adoption proceeding which is undertaken between a
24 
Filipino child and adoptive parents who are permanently residing in the
25 
Philippines;
26 
(j) Foundling- a person whose facts of birth are unknown;
27 
(k) Involuntarily Committed C hild - one whose parent(s), known or unknown, has
28 
been permanently and judicially deprived of parental authority due to
29 
abandonment; 
substantial, 
continuous 
or 
repeated 
neglect; 
abuse 
or
30 
incompetence to discharge parental responsibilities;
31 
(I) Matching -  the judicious selection from the regional or interregional levels of
32 
a family for a child based on the child's needs and in his/her best interest as
3


1 
well as the capability and commitment of the adoptive parents to provide
2 
such needs and promote a mutually satisfying parent-child relationship.
3 
(m) Neglected -  one whose basic needs have been deliberately unattended or
4 
inadequately attended within a period of three (3) continuous months;
5 
(n) Regional D ire cto r- the head of the regional office of the Department of Social
6 
Welfare and Development;
7 
(o) R elative- someone within the fourth degree of consanguinity or affinity;
8 
(p) Secretary -  the Secretary of the Department of Social Welfare and
9 
Development;
10 
(q) Simulation o f birth -  the tampering of the civil registry making it appear in the
11 
birth records that a certain child was born to a person who is not the
12 
biological mother, causing the loss of the true identity of the child;
13 
(r) Social Welfare Development Officer -  a person who is a duly licensed social
14 
worker and appointed by the local chief executive to head the provincial, city
15 
or municipal social welfare development office which serves as the frontline of
16 
the local government unit in the delivery of social welfare and development
17 
programs and services;
18 
(s) Social Worker -  any person who practices social work in the Philippines and
19 
who is registered or exempted from registration in accordance with 
the
20 
provisions of relevant laws or mandate of governing professional regulatory
21 
agency (e.g. Professional Regulation Commission);
22 
(t) Step-Parent -  a parent who is married to the mother or father of a child, but
23 
who is not that child's biological mother or father.
24 
{u) Surrendered Child -  a child whose parent(s) knowingly and voluntarily
25 
relinquished parental authority to the Department;
26 
(v) Supervised trial custody- is a period of six (6) months within which the social
27 
worker oversees the adjustment and emotional readiness of both 
the
28 
adopter(s) and adoptee in stabilizing their filial relationship;
29
30 
ARTICLE I I
31 
PRE-ADOPTION SERVICES
32


1 
Sec. 5. Services. -  It shall be the duty of the Local Government Unit to ensure
2 
that necessary counselling services by licensed social workers to the following shall
3 
be conducted:
4 
(a) Biological Parent(s) -  Counselling shall be provided to the parent(s)
5 
before and after the birth of his/her child. No binding commitment to an
6 
adoption plan shall be permitted before the birth of his/her child. In all
7 
proceedings for adoption, the Department shall require proof that the
8 
biological parent(s) has been properly counselled to prevent him/her from
9 
making hurried decisions caused by strain or anxiety to give up the child, and
10 
to sustain that all measures to strengthen the family have been exhausted
11 
and that any prolonged stay of the child in his/her own home will be inimical
12 
to his/her welfare and interest.
13 
A period of three (3) months shall be allowed for the biological
14 
parent(s) to reconsider any decision to relinquish his/her child for adoption.
15 
Counselling and rehabilitation services shall also be offered to the biological
16 
parent(s) after he/she relinquished his/her child for adoption.
17 
(b) Prospective Adoptive Parent(s) (PAPs) -  Counselling sessions,
18 
adoption fora and seminars, among others, shall be provided to prospective
19 
adoptive parent(s) to resolve possible adoption issues and to prepare him/her
20 
for effective parenting.
21 
Adoption telling shall be one of the central themes of the fora/seminar
22 
to equip the prospective adoptive parents with the ability to 
divulge the
23 
adoption to the adoptee in a manner that will strengthen the 
parent-child
24 
relationship.
25 
(c) Prospective Adoptee -  Counselling sessions shall be provided to
26 
ensure that he/she understands the nature and effects of adoption and is
27 
able to express his/her views on adoption in accordance with his/her age
28 
and level of maturity.
29 
Early disclosure of adoption as a proven helpful practice shall be mandatory
30 
for children four (4) years old and above. A licensed social worker must conduct
31 
adoption-themed activities to such children which in turn will inculcate in their young
32 
minds the positive aspects of adoption.


1 
Sec. 6. Location o f Unknown Parent(s). -  It shall be the duty of the
2 
Department or the child-placing or the child-caring agency which has custody of a
3 
child to exert all efforts using, but not limited to tri-media and any other possible
4 
means to locate his/her unknown biological parent(s). If such efforts fail, the child
5 
shall be registered as a foundling and subsequently be the subject of administrative
6 
proceedings where he/she shall be declared abandoned.
7
8 
ARTICLE I I I
9 
E LIG IB IL IT Y  
10
11 
Sec. 7. Who May A dopt -  The following may adopt:
12 
(a) Any Filipino citizen, at least twenty-five (25) years of age, in
13 
possession of full civil capacity and legal rights, of good moral character, has
14 
not been convicted of any crime involving moral turpitude, emotionally and
15 
psychologically capable of caring for children, at least sixteen (16) years older
16 
than the adoptee, and who is in a position to support and care for his /her
17 
children in keeping with the means of the family. The requirement of sixteen
18 
(16) year difference between the age of the adopter and the adoptee may be
19 
waived when the adopter is the biological parent of the adoptee, or is the
20 
spouse of the adoptee's parent;
21 
(b) A foreigner who seeks to adopt the legitimate son/daughter of
22 
his/her Filipino spouse; or
23 
(c) A foreigner who is married to a Filipino citizen and seeks to adopt
24 
jointly with his/her spouse a 
relative within the fourth 
(4th) degree of
25 
consanguinity or affinity of the Filipino spouse, provided the spouses are
26 
habitually residing in the Philippines; or
27 
(d) The legal guardian with respect to the ward after the termination of
28 
the guardianship and clearance of his/her financial accountabilities;
29 
(e) The actual custodian with respect to the child or person who has
30 
been under his/her care and whom he/she genuinely and consistently treated
31 
as son or daughter;
32 
Husband and wife shall jointly adopt, except in the following cases:


1 
(i) if one spouse seeks to adopt the legitimate son/ daughter of the
2 
other;
3 
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter;
4 
Provided, however, that the other spouse has signified his/her consent
5 
thereto;
6 
(iii) if the spouses are legally separated from 
each other.
7 
In case husband and wife jointly adopt, or one spouse adopts the illegitimate
8 
son/daughter of the other, joint parental authority shall be exercised by the spouses.
9 
Sec. 8. Who May Be Adopted. -T h e  following may be adopted:
10 
(a) Any Filipino child below eighteen (18) years of age who has been
11 
administratively or judicially declared available for adoption;
12 
(b) The legitimate son/daughter of one spouse by the other spouse;
13 
(c) An illegitimate son/daughter by a qualified adopter to improve his status
14 
to that of legitimacy;
15 
(d) A Filipino of legal age if, prior to the adoption, said person has been
16 
consistently considered and treated by the adopter(s) as his/her own child
17 
since minority;
18 
(e) A child whose adoption has been previously rescinded; or
19 
(f) A child whose biological or adoptive parent(s) has died: Provided, That no
20 
proceedings shall be initiated within six (6) months from the time of death
21 
of said parent(s).
22 
Sec. 9. Whose Consent is Necessary to the Adoption. -  After being properly
23 
counseled and informed of the right to give or withhold approval of the adoption, the
24 
written consent of the following to the adoption is hereby required:
25 
(a) the adoptee, if ten (10) years of age or over;
26 
(b)the biological parent of the child, if known, or the legal guardian who has
27 
legal custody of the child;
28 
(c) the legitimate and adopted sons/ daughters, ten (10) years of age or over, of
29 
the adopter and adoptee, if any;
30 
(d)the illegitimate sons/ daughters, ten (10) years of age or over, of the adopter
31 
if living with said adopter and the latter's spouse, if any; and
32 
(e) the spouse, if any, of the person adopting or to be adopted.
7


1 
Sec. 10. Documentary Requirements. -  The Prospective Adoptive Parent(s)
2 
(PAPs) shall attach the following to the Petition for Adoption:
3 
1. Home Study and Child Study Report duly prepared by a licensed social
4 
worker;
5 
2. Authenticated birth record of the PAPs and the child;
6 
3. Marriage Certificate, if the PAPs is married; or Court Decision/Certificate of
7 
Finality, if annulled, divorced or legally separated;
8 
4. NBI/Police Clearance; If foreigner married to a Filipino, clearance from the
9 
international police and police authorities of the country or countries where he
10 
has been a resident for the past two (2) years;
11 
5. Written consent to the adoption "by the biological parent(s) or the person(s)
12 
exercising substitute parental authority over the child and the written consent
13 
of the child if at least ten (10) years old, signed in the presence of the social
14 
worker of the Department or child caring agency after proper counseling as
15 
prescribed in this Act;
16 
6. Authenticated Death Certificate of biological parent(s), as applicable;
17 
7. Certification Declaring a Child Legally Available for Adoption (CDCLAA), as
18 
applicable;
19 
8. Result of recent medical evaluation of the child and PAPs;
20 
9. Result of Psychological Evaluation of the PAPs;
21 
10. Result of Psychological Evaluation of the child, as applicable;
22 
11. Child care plan with list of at least three temporary custodian of the child in
23 
order of preference in case of death, absence or incapacity of the PAPs;
24 
12. Letter attesting to the character and general reputation of the PAPs from at
25 
least three (3) non-related character references, of whom one must
26 
preferably come from an employer/supervisor or with whom the PAP(s) have
27 
business dealings. The contact details of the person attesting must be so
28 
indicated in the letter;
29 
13. Recent close-up and whole body pictures of the child and PAPs taken within
30 
the last six (6) months; and
31 
14. Documents showing the financial capacity of the PAPs (ie. ITR, bank account,
32 
certificate of employment etc.


1 
The social worker of the Department is not precluded from asking for
2 
additional documents he may deem necessary as proof of facts alleged in the
3 
petition or to estabiish a factual claim.
4 
ARTICLE IV
5 
PROCEDURE
6
7 
Sec. 11. Case Study and Home Study Report. -  A iicensed social worker from
8 
the social service office of the local government unit, or any child-placing or child-
9 
caring agency shall conduct a case study of the adoptee, his/her biologicai parent(s),
10 
as well as the Home Study Report of the adopter(s), and shall submit the report and
11 
recommendations on the matter to the respective Regional Office of the Department
12 
as among the supporting documents of the petition.
13 
The case study of the adoptee shall establish that he/she is eligible for
14 
adoption and that the documents to support this fact are valid and authentic. It shall
15 
also be established that a regular child is legaily available for adoption and various
16 
interventions were extended to the child's biological family.
17 
Further, the home study of the prospective adoptive parent(s) shall ascertain
18 
his/her genuine intentions and that the adoption is in the best interest of the
19 
prospective adoptee.
20 
If after the conduct of the case studies and the Home Study Report, the social
21 
worker discovered new information that would warrant denial of the petition, the
22 
said social worker shall make the proper recommendation to the Department,
23 
furnishing a copy thereof to the office where the child come from and to where the
24 
PAPs applied.
25 
The case studies and other relevant documents and records pertaining to the
26 
adoptee and the adoption shail be preserved by the Department.
27 
Sec. 12. Matching Process. -T h e re  shall be a matching process for cases of
28 
legally available children thirty (30) calendar days after the issuance of the CDCLAA
29 
or the next matching conference, whichever is applicable. The matching of the child
30 
to an approved adoptive parent/s shall be carried out during the regular matching
31 
conference by the Matching Committee in the regional level otherwise called the
32 
Child Welfare Specialist Group (CWSG) where the social workers of the child and
33 
family are present. Subject to the approval of the Department, the CWSG shall fix its


1 
own internal rules and procedures. However, that records of children and approved
2 
adoptive parent/s not 
matched after two (2) presentations in the regional level shall
3 
be forwarded to the Department's Central Office for interregional matching; Provided
4 
further that children with special needs shall be immediately forwarded if not
5 
matched in the first 
meeting, except under special circumstances. The matching
6 
proposal made by the CWSG shall be approved by the Department.
7 
Sec. 13. Issuance o f Pre-Adoption Placement Authority. -  Once a child is
8 
matched to an approved prospective adoptive parent(s) and was subsequently
9 
accepted, the Department shall authorize the pre-adoption placement of the child to
10 
the PAPs.
11 
Sec. 14. Supervised Trial Custody. -  After the matching process and issuance
12 
of Pre-Adoption Placement Authority (PAPA), the Department shall give the
13 
adopter(s) trial custody of the adoptee for a period of at least six (6) months within
14 
which the parties are expected to adjust psychologically and emotionally to each
15 
other and establish a bonding relationship. The trial custody shall be monitored
16 
monthly by the social worker who prepared the home study report and submit a
17 
report regarding the placement.
18 
During said period, temporary parental authority shall be vested in the
19 
adopter(s). The trial custody may be waived in cases of step-parent, relative and
20 
adult adoptions.
21 
For independently placed cases, the social worker shall prepare one post-
22 
placement report recommending the qualified adoptive parent(s) to continue
23 
his/her/their parental obligations towards the child or adoptee.
24 
In case the placement did not prosper, the social worker must provide the
25 
necessary intervention to ensure that the child is protected and his/her needs are
26 
adequately responded.
27 
Sec. 15. Petition. -T h e  thriving parent-child relationship during STC period as
28 
substantiated by the monthly monitoring report of the social worker shall give rise to
29 
the filing of a Petition for Adoption.
30 
The petition for adoption shall be prepared and signed by the head of the
31 
local social welfare agency, child-caring/child-placing agency that process the
32 
application of the qualified adopters. The said petition shall be notarized and state
10


1 
the facts necessary to establish the merits of the petition. The petitioner must
2 
specifically allege that he/she is at least 25 years of age, in possession of full civil
3 
capacity and legal rights; is of good moral character; has not been convicted of any
4 
crime involving moral turpitude; is emotionally and psychologically capable of caring
5 
for children; is at least sixteen (16) years older than the adoptee, unless the adopter
6 
is the biological parent of the adoptee or is the spouse of the adoptee's parent; and
7 
is in a position to support and care for his children in keeping with the means of the
8 
family and has undergone pre-adoption services. The petition should also indicate
9 
the new name the petitioner wishes the child to have, if any.
10 
No subsequent petition for adoption shall be entertained unless the prior
11 
petition has attained finality.
12 
Sec. 16. Where to file the Petition. -T h e  petition shall be filed with the Office
13 
of the Social Welfare and Development Officer (SWDO) of the city or municipality
14 
where the PAPs reside.
15 
Sec. 17. Administrative Adoption Process. -  The SWDO shall have three (3)
16 
days to examine the petition and its supporting documents and determine whether
17 
the same is sufficient in form and substance. If the SWDO finds that the petition is
18 
insufficient in form or substance, the SWDO shall return the same to the petitioner
19 
with a written explanation of its insufficiency. 
If the SWDO finds the petition
20 
sufficient in form and substance, the SWDO shall forward the petition and the
21 
supporting documents within seven (7) days to the Regional Director of the
22 
Department of Social Welfare and Development (DSWD) Field Office, hereinafter
23 
referred to as the Regional Director, exercising jurisdiction over the city or
24 
municipality where the child resides.
25 
The Regional Director shall review the petition and the supporting documents.
26 
The identity of the child and the petitioner including the motivation to adopt shall be
27 
determined by him through the documents and through a personal determination in
28 
an interview before him with the petitioner and the child in attendance. He shall
29 
render a recommendation not later than thirty (30) calendar days from receipt of
30 
such documents. The Regional Director may require the petitioner to submit
31 
additional information or documents to support the petition. 
The failure of the
32 
petitioner to comply with the request for additional documents of the Regional
11


1 
Director shall not preclude the Regional Director from acting on the petition based
2 
on the evidence on hand.
3 
The Regional Director shall transmit a copy of his/her recommendation and
4 
records to the Office of the Secretary of Social Welfare and Development, within ten
5 
(10) days from the date of the recommendation. The Secretary shall act and decide
6 
on the recommendation within thirty (30) days from receipt thereof.
7 
Sec. 18. Objection to the Petition. -  Any person who has personal knowledge
8 
of any information, which by ordinary diligence could not be discovered, and which
9 
when introduced and admitted, would result in the denial of the Petition and protect
10 
the child from possible harm or abuse may at any time during the STC or before the
11 
issuance of the Order of Adoption, interpose an objection to the petition and file a
12 
complaint supported by evidence to that effect, with the Office of the Regional
13 
Director or Office of the Secretary. The complaint will be subjected to verification
14 
and further investigation.
15 
Sec. 19. Order o f Adoption. -  If the supervised trial custody is satisfactory to
16 
the parties and the Department is convinced from the trial custody report, the
17 
petition and its supporting documents that the adoption shall redound to the best
18 
interests of the adoptee, a decree of adoption shall be issued which shall take effect
19 
as of the date the original petition was filed even if the petitioner(s) die before its
20 
issuance. The same shall be final and executory.
21 
The order shall:
22 
A. State the name by which the child is to be known and registered;
23 
B. Order:
24 
1) the adopter to submit a certified true copy of the decree of adoption to the
25 
Civil Registrar where the chiid was originaily registered within thirty (30) days
26 
from receipt of the Order of Adoption.
27 
2) the Civil Registrar of the place where the adoptee was registered:
28 
a. to annotate on the adoptee's original birth record the decree of
29 
adoption within thirty (30) days from receipt of the Adoption Order;
30 
b. to issue a new certificate of birth which shall not bear any notation
31 
that it is a new or amended certificate and which shall show, among
32 
others, the following: registry number, date of registration, name of
12


1 
child, sex, date of birth, place of birth, order of birth, name and
2 
citizenship of adoptive mother and father, and the date and place of
3 
their marriage, when applicable;
4 
c. to seal the original birth record in the civil registry records which can
5 
be opened only upon order of the Secretary of the Department; and
6 
d. to submit to the Department proof of compliance with all the
7 
foregoing within thirty (30) days from receipt of the decree.
8 
Sec. 20. Benefits o f Prospective Adoptive Parent(s). -  If a child is seven (7)
9 
years old or below, placed with prospective adopter(s) through a Pre-adoption
10 
Placement Authority (PAPA) issued by the Department, the prospective adopter(s)
11 
shall enjoy all the benefits entitled to biological parents, including but not limited to,
12 
maternal and paternal leave, the ability to add the adoptee as health/tax dependents
13 
that can be availed through the Social Security System (SSS), Department of Labor
14 
and Employment (DOLE), Bureau of Internal Revenue (BIR), Health Maintenance
15 
Organization (HMO) providers, among others to which the biological parent(s) is
16 
entitled from the date the adoptee is issued with PAPA and Affidavit of Consent to
17 
Adoption (ACA)
18 
Sec. 21. Civil Registry Record. -  An amended certificate of birth shall be
19 
issued by the Civil Registry, pursuant to the Order of Adoption, attesting to the fact
20 
that the adoptee is the child of the adopter(s) by being registered with his/her
21 
surname. The original birth record shall be stamped " c a n c e lle d " t h e  annotation
22 
of the issuance of an amended birth certificate in its place and shall be sealed in the
23 
civil registry records. The new birth certificate to be issued to the adoptee shall not
24 
bear any notation that it is an amended issue.
25 
Sec. 22. Book o f Adoptions. -T h e  Department shall keep a book of adoptions
26 
showing the date of issuance of the Order in each case, compliance by the
27 
Civil/Municipal Registrar with the preceding section and all incidents arising after the
28 
issuance of the decree.
29 
Sec. 23. Confidentiality. -  All petitions, documents, records, and papers
30 
relating to administrative adoption proceedings in the files of the city or municipal
31 
SWDOs, the DSWD Central and Field Offices, or any other agency or institution
32 
participating in such proceedings shall be kept strictly confidential. If the disclosure
13


1 
of certain information to a third person is necessary for security reasons or for
2 
purposes connected with or arising out of the administrative adoption and will be for
3 
the best interest of the adoptee, the Secretary may, upon appropriate request, order
4 
the necessary information released, restricting the purposes for which it may be
5 
used and in accordance with the existing laws on data privacy.
6 
Sec. 24. Fees. -T h e  city or municipal SWDO, DSWD, the Office of the Local
7 
Civil Registrar (LCR), Child Caring/Placing Agencies may charge socialized fees to
8 
those who avail of the administrative adoption proceedings under this Act.
9 
ARTICLE V
10 
EFFECTS OF ADOPTION
11
12 
Sec. 25. Legitimacy. -  The adoptee shall be considered the legitimate
13 
son/daughter of the adopter for all intents and purposes and as such is entitled to all
14 
the rights and obligations provided by law to legitimate sons/ daughters born to
15 
them without discrimination of any kind. To this end, the adoptee is entitled to love,
16 
guidance and support in keeping with the means of the family.
17 
Sec. 26. Parental Authority. -  Except in cases where the biological parent is
18 
the spouse of the adopter, all legal ties between the biological parents and the
19 
adoptee shall be severed and the same shall then be vested on the adopter.
20 
Sec. 27. Succession. -  In legal and intestate succession, the adopter and the
21 
adoptee shall have reciprocal rights of succession without distinction from legitimate
22 
filiation. However, if the adoptee and his/her biological parents had left a will, the
23 
law on testamentary succession shall govern.
24 
ARTICLE VI
25 
POST-ADOPTION SERVICES
26
27 
Sec.28. Preliminaries to Adoption Telling. -  It shall be the duty of the social
28 
worker who handled the child's case to conduct activities to adoptees four (4) years
29 
old or above, that will trigger or provide them inkling about the adoption. This is
30 
based on the principle that in adoption, the earlier the child knows about it, would
31 
be to his/her advantage. However, nothing in this Act shall be construed as
32 
mandatory for the social worker to divulge the adoption. His/her role is merely to
33 
incite the adoption telling by the adoptive parent(s).
14


1 
Sec. 29. Search fo r the Biological Parents -  Upon reaching the age of
2 
majority, an adoptee may seek the assistance of the Department, Local Government
3 
Unit or the Child Caring/Placing Agency to trace his/her biological family and
4 
eventually have a face to face meet-up, provided, the adoption triad received
5 
adequate preparation from a licensed social worker regarding the said meet-up.
6 
Sec. 30. Monitoring and Submission o f Report. -  Upon finalization of the
7 
adoption and the receipt of the amended birth certificate of the child, the
8 
Department shall monitor the parent-child relationship to ensure that the adoption
9 
redounded to the best interest of the child. A semestral report shall be submitted to
10 
the Department by an assigned social worker during its first year.
11 
ARTICLE V II
12 
RECISSION OF ADOPTION
13
14 
Sec. 31. Grounds fo r Rescission o f Adoption. -  The adoption may be
15 
rescinded only upon the petition of the adoptee with the Department of Social
16 
Welfare and Development, or with the assistance of the SWDO if he is a minor, or if
17 
he is over eighteen (18) years of age but is incapacitated or by his guardian on any
18 
of the following grounds committed by the adopter(s):
19 
(a) 
repeated physical or verbal maltreatment by the adopter despite having
20 
undergone counselling;
21 
(b) 
attem pt on the life of the adoptee;
22 
(c) 
sexual abuse or violence; or
23 
(d) 
abandonment and failure to comply with parental obligations.
24 
Adoption, being in the best interest of the child, shall not be subject to
25 
rescission by the adopter. However, the adopter may disinherit the adoptee for
26 
causes provided in Article 919 of the Civil Code.
27 
Sec. 32. Venue. -T h e  petition shall be filed with the DSWD Field Office where
28 
the adoptee resides.
29 
Sec. 33. Time within which to file petition. -  Upon existence of any ground,
30 
the adoptee or the SWDO, must file the petition for rescission or revocation of
31 
adoption.
32 
Sec. 34. Order to Answer. -T h e  Department shall Issue an order requiring the
33 
adverse party to answer the petition within fifteen (15) days from receipt of a copy
15


1 
thereof. The order and copy of the petition shall be served on the adverse party in
2 
such manner as the Department may direct.
3 
Sec. 35. Decision. -  If the Department finds that the allegations of the
4 
petition are true, it shall render decision ordering the rescission of adoption, with or
5 
without costs, as justice requires.
6 
The Department shall order that the parental authority of the biological
7 
parent of the adoptee, if known, or the legal custody of the Department be restored
8 
if the adoptee is still a minor or incapacitated and declare that the reciprocal rights
9 
and obligations of the adopter and the adoptee to each other shall be extinguished.
10 
The Department shall further declare that successional rights shall revert to
11 
its status prior to adoption, as of the date of decision. Vested rights acquired prior to
12 
administrative rescission shall be respected.
13 
It shall also order the adoptee to use the name stated in his original birth or
14 
foundling certificate.
15 
The Department shall further order the Civil Registrar where the adoption
16 
order was registered to cancel the new birth certificate of the adoptee and reinstate
17 
his original birth or foundling certificate.
18 
Sec. 36. Service o f Decision. -  A certified true copy of the decision shall be
19 
served by the petitioner upon the Civil Registrar concerned within thirty (30) days.
20 
The Civil Registrar shall forthwith enter the rescission order in the register and
21 
submit proof of compliance to the Department within thirty (30) days from receipt of
22 
the order.
23 
All the foregoing effects of rescission of adoption shall be without prejudice to
24 
the penalties imposable under the Penal Code if the criminal acts are properly
25 
proven.
26 
ARTICLE V III
27 
VIOLATION AND PENALTIES
28
29 
Sec. 37. Violations and Penaities. -
30 
(a) The penalty of imprisonment ranging from six (6) years and one (1) day
31 
to twelve (12) years and/or a fine not less than Fifty thousand pesos (P50,000.00),
32 
but not more than Two hundred thousand pesos (P200,000.00) at the discretion of
16


1 
the court shall be imposed on any person who shall commit any of the following
2 
acts:
3 
(i) obtaining consent for an adoption through coercion, undue influence,
4 
fraud, improper material inducement, or other similar acts;
5 
(ii) non-compliance with the procedures 
and safeguards 
provided by the law
6 
for adoption; or
7 
(iii) subjecting or exposing the child to be adopted to danger, abuse, or
8 
exploitation.
9 
(b) Any person who shall cause the fictitious registration of the birth of a child
10 
under the name(s) of a person(s) who is not his/her biological parent(s) shall be
11 
guilty of simulation of birth, and shall be punished by prision mayor in its medium
12 
period and a fine not exceeding Fifty thousand pesos (P50,000.00).
13 
Any physician, midwife or nurse or hospital personnel who, in violation of
14 
his/her oath of office, shall cooperate in the execution of the abovementioned crime
15 
shall suffer the penalties herein prescribed and also the penalty of permanent
16 
disqualification.
17 
Any person who shall violate established 
regulations relating to the
18 
confidentiality and integrity of records, documents, and communications of adoption
19 
applications, cases, and processes shall suffer the penalty of imprisonment ranging
20 
from one (1) year and one (1) day to two (2) years, and/or a fine of not less than
21 
Five thousand 
pesos 
(P5,000.00) 
but not more than Ten thousand pesos
22 
(P10,000.00), at the discretion of the court.
23 
A penalty lower by two (2) degrees than that prescribed for the consummated
24 
offense under this Article shall be imposed upon the principals of the attempt to
25 
commit any of the acts herein enumerated. Acts punishable under this Article, when
26 
committed by a syndicate or where it involves a child shall be considered as an
27 
offense constituting child trafficking and shall merit the penalty of reclusion
28 
perpetua.
29 
Acts punishable under this Article are deemed committed by a syndicate if
30 
carried out by a group of three (3) or more persons conspiring and/or confederating
31 
with one another in carrying out any of the unlawful acts defined under this Article.
32 
Penalties as are herein provided, shall be in addition to any other penalties which


1 
may be imposed for the same acts punishable under other laws, ordinances,
2 
executive orders, and proclamations.
3 
When the offender is an alien, he/she shall be deported immediately after
4 
service of sentence and perpetually excluded from entry to the country.
5 
Any government official, employee or functionary who shall be found guilty of
6 
violating any of the provisions of this Act, or who shall conspire with private
7 
individuals shall, in addition to the above-prescribed penalties, be penalized in
8 
accordance with existing civil service laws, rules and regulations: Provided, That
9 
upon the filing of a case, either administrative or criminal, said government official,
10 
employee, or functionary concerned shall automatically be suspended until the
11 
resolution of the case.
12 
Under this Act, adoption discrimination acts, including but not limited to,
13 
labelling, shaming, bullying, negative stigma, among others, are prohibited. Any
14 
person who shall commit said adoption discrimination acts shall be penalized with a
15 
fine not less than five thousand pesos (P 5,000.00) but not more than ten thousand
16 
pesos (P 10,000.00), at the discretion of the court.
17 
ARTICLE IX
18 
FINAL PROVISIONS
19
20 
Sec. 38. Inform ation Dissemination. -  The DSWD, in coordination with the
21 
Department of the Interior and Local Government (DILG), the Department of
22 
Education (DepEd), the Department of Justice (DOJ), the Department of Health
23 
(DOH), the Council for the Welfare of Children (CWC) shall disseminate to the public
24 
information regarding this Act and its implementation.
25 
Sec. 39. Impiementing Ruies and Reguiations. -  The Secretary, after due
26 
consultation with the Philippine Statistics Authority, DOJ, DILG, DepEd, DOH, DOLE,
27 
National Bureau of Investigation (NBI), Association of the Local Civil Registrars
28 
(LCR), Inter-Country Adoption Board (ICAB), Juvenile Justice and Welfare Council
29 
(JJWC), National Council on Disability Affairs (NCDA), Department of Foreign Affairs
30 
(DFA), Child's Rights Network, Philhealth, SSS, CWC and Office of the Solicitor
31 
General, and two (2) private individuals representing child-placing and child-caring
18


1 
agencies shall formulate the necessary guidelines to make the provisions of this Act
2 
operative.
3 
Sec. 
40. Appropriations. -  
Such 
sum 
as 
may 
be 
necessary 
for 
the
4 
implementation of the provisions of this Act shall be included in the General
5 
Appropriations Act of the year following its enactment into law and thereafter.
6 
Sec. 41. Repealing Clause. -  All laws, decrees, letters of instruction, executive
7 
issuances, resolutions, orders or parts thereof which are inconsistent with the
8 
provisions of this Act are hereby repealed, modified, or amended accordingly.
9 
Sec. 42. Saving Clause. -  Nothing in this Act shall affect any right of an
10 
adoptee acquired by judicial proceeding or otherwise before the commencement of
11 
this Act.
12 
Sec. 43. Separability Clause. -  If any provision or part of this Act is declared
13 
unconstitutional or invalid, the remaining parts or provisions not affected shall
14 
remain in full force and effect.
15 
Sec. 44. Effectivity. -  This Act shall take effect fifteen (15) days after its
16 
publication in the Official Gazette or in a newspaper of general circulation.
Adopted,
19