14th Congress of the Republic of the Philippines) 
f6 i_'ill Regular Session 
) 
SENATE 
s.B.~40· 
Introduced by Senator Aquilino Q. Pimentel Jr. 
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 leading to adoption, to a single deposit of law to be known as "The 
Alternative Child Care Code of 2009". Moreover, this bill seeks to establish the "National 
Child Care Authority (NCCA)" to implement laws relevant to alternative child care in the 
country. 
It 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 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. 
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 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 
Internationally; and the Hague Convention on the Protection of Children and 
Cooperation in Respect of Intercountry 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 government 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 those 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 "Alternative 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, approval of this bill is earnestly sought. 
,,~ 
AQUILINO Q. PIMENTEL, JR.  


14th Congress of the Republic of the Philippines) 
Third Regular Session  
) 
SENATE 
s.B.~40 
Introduced by Senator Aquilino Q. Pimentel Jr. 
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 I 
GENERAL PROVISIONS 
ARTICLE I 
SECTION 1. Short Title - This Act shall be known as the "Alternative Child 
Care Code of 2009." 
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 all 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 Internationally; and the Hague 
Convention on the Protection of Children and Cooperation in Respect of 
Intercountry 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. 
c)  The State shall systematize and enhance foster caring in the country. 
Towards this end, the State shall ensure that foster families promote and 
motivate the foster child to relate with his/her biological or adoptive family, 
as the case may be, and shall provide the wholesome atmosphere to 
encourage bonding. The State shall also protect the rights of the 
biological 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)  It shall also be a State policy to: 
(i) Safeguard the biological parent(s) from making hurried decisions to 
relinquish his/her parental authority over his/her child; 
(ii) Prevent the child from unnecessary separation from his/her biological 
parent(s); 
(iii) Protect adoptive parent(s) as well as foster parent(s) from attempts to 
disturb 
his/her 
parental 
authority 
and 
custody 
over 
his/her 
adopted/fostered 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 shall establish a system of cooperation with the other States, 
through their respective Central/Competent Authorities and accredited 
bodies to prevent the sale, trafficking and abduction of children. 
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 fora period of at least 
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" - shall 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; 
. 
c)  "Adoption" - shall refer to a socio-Iegal process of providing a permanent 
family to a child whose parents have voluntarily or involuntarily relinquished 
parental authority over the child; 
d)  "Agency" -
shall refer to the licensed and accredited child placement 
institutions tasked to implement the foster care program. 
e)  "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 Agencyl 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. 
g)  "Application" - shall refer to the duly accomplished application form, home 
study report including its supporting documents. 
h)  "Authority" - shall refer to The l\Iational Child Care Authority. 
2 


i)  "Biological Parents" - shall refer to the child's mother and father by nature 
or the mother alone if the child is illegitimate. 
D  "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 to 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 him/herself or protect him/herself from 
abuse, neglect, cruelty, exploitation or discrimination because of a physical 
or mental disability or condition. 
I)  "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 voluntarily 
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 
government agency duly accredited agency by the Authority that receives 
and processes applicants to become foster or adoptive parents and facilitate 
placement of children eligible for foster care or adoption. 
0)  "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 him/her. 
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 2009. 
r) 
"Competent Authority" - shall refer to any State entity which performs all 
or most of the functions under Chapter II of the Convention; 
s)  "Contracting State" - shall 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 child· 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 rights 
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" - shall 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; 
3 


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 paternal 
and maternal 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 him/her temporarily or permanently. 
bb)"Foster family" - shall refer to a family or person/s, duly licensed by the 
Authority, who provide foster care to a child placed with them/him/her 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 -
shall 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". 
ee)"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 corrrprehensive 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. 
gg)"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" - shall refer to the relationship between the guardian and 
the ward. 
ii) 
"Home Study Report" -
shall refer to a study of the motivation and 
capacity of the prospective adoptive parents to provide a home that meets 
the needs of a child or of the prospective foster parentis to provide foster 
care that meets the needs of a child available for foster care. 
jj)  "Illegal 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. 
4 


kk) "Inter-country Adoption" - shall refer to the socio-Iegal 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. 
II) 
"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, substantial, continuous, or repeated neglect, 
abuse; or incompetence to discharge parental responsibilities; 
mm) 
"Licensing" -: shall refer to the process conducted by the National 
Child Care Authority in assessing qualification and authorizing a registered 
social welfare and development agency to operate as a social work agency. 
nn) "Matching" - shall 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, ill-clad, and 
withOl.lt proper shelter. A child is unattended when left by him/herself 
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. 
rr)  "Placement" - shall refer 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 health 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. 
5  


uu)"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. 
vv) "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 government licensure examination for social workers as required 
by Republic Act 4373. 
yy) "Supervised trial custody" - shall refer to a period of time within which a 
social worker oversees the adjustment and emotional readiness of both 
adopter(s) and adoptee in stabiliZing their filial relationship; 
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-placement or child-caring agency or 
institution. 
ARTICLE II 
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 (DCCD), and the 
Inter-country Child Care Division (ICCD) and will 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 President 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 shall maintain a child 
placement committeeand 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 Executive Director and shall maintain a child placement 
committee and a set of other staff support system as may be deemed necessary. 
6 


SECTION 6. Functions of the National Child Care Authority -
The 
functions of the National Child Care Authority shall include the following: ' 
1.  Formulate and develop policies on adoption, foster care, guardianship 
leading to adoption and other alternative child care policies such as but 
not limited to programs and services that will protect the Filipino child 
from abuse, exploitation, trafficking and adoption practice that is harmful, 
detrimental and prejudicial to the best interests of the child; 
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 involved 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 alternative 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 
all 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 adoption 
and prospective adoptive parents. 
3.  To establish and maintain database of children available for local foster care 
and prospective foster parent/so 
4.  To keep records of all adoption and foster care proceedings as well as all 
guardianship proceedings leading to adoption. 
5.  To maintain a national information and educational campaign on domestic 
adoption and foster care. 
6.  To conduct researches on adoption, foster care and other related fields. 
7 


7.  To provide secretariat, records keeping and other services to the Child 
Placement Committee 
8.  To prepare periodic accomplishment/performance 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, linkages with Child Caring Agency, Child 
Placement Agency, Social Workers and Local Government Unitls 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 family life 
education sessions and referral for specialized services. 
16. Conduct researches  in collaboration with Child Caring Agencies / Child 
Placement Agencies. 
B.lNTER·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 records 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 accomplishment/performance 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  mann~r by which selection/matching of 
prospective adoptive parents can be made. 
8 


, ..  
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 general 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 adoption. 
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 non­
governmental 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 functions: 
> 
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; 
c)  Act as consultants to the Executive Director in their area/field of expertise; 
d) Initiate, review and recommend changes in policies concerning selection, 
matching and placement and other matters related to child welfare. 
e)  Perform such other functions and duties as may be determined by the 
Authority. 
SECTION 10. Allowances of Committee Members. A Committee member 
shall receive a reasonable per diem subject to allowable government practices for 
each meeting actually attended, and ~emuneration for other functions as may be 
determined by the Authority subject to the usual accounting and auditing rules and 
regulations. 
9 


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 shall 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 all regional offices 
of the Domestic Child Welfare Division (DCWD) who shall act as secretariat to the 
Child Placement Committee during conferences in addition to is major functions. It 
shall be headed by the Regional 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 regions 
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; and 
e) Follow-up attendance to conference/s . 
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 
shall 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 call of the Regional Director. 
10 


BOOK II  
ADOPTION  
ARTICLE I 
PROCEDURES FOR ADOPTION 
A. PROCEDURE FOR DOMESTIC ADOPTION 
SEC1"ION 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 alternative 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 all efforts to locate his/her unknown 
biological parent(s). If such efforts fail, the child shall be registered as a founding 
and subsequently be declared abandoned. 
The Authority shall 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 to 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; 
11 


b)  The legitimate son/daughter of one spouse by the other spouse 
c)  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 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 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 ofany 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; 
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: 
(i)  
if one spouse seeks to adopt the legitimate son/daughter of the 
other, or 
(ii)  
if one spouse seeks to adopt his/her own illegitimate 
son/daughter: Provide, However, that the other spouse has 
signified his/her consent thereto: or 
(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 21. 
Whose Consent is Necessary to the Adoption - After 
being properly counseled and informed of his/ her right to give or withhold his/her 
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(s) of the child, if known, or the legal guardian, or 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; 
12 


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 III, 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/so 
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 local 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 on the matter to the 
Authority for the issuance of the adoption certificate. 
At the time of preparation of the adoptee's case study, the concerned social 
worker shall confirm with the 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 responsibility 
of the concerned 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 shall 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 to 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 middle 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 feels for the services they rendered in the 
process. 
b)  Publication Fee/s -
the Authority shall determine the cost of the 
publication of the petition for adoption for three (3) consecutive weeks in a 
publication of general circulation. 
c)  Legal and other court feels, as may be applicable - All legal actions 
which may arise from all adoption applications where the child 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." 
13 


SECTION 25. Family Selection/Matching - The matching of the child to an 
approved adoptive parentis 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 internal rules and procedures in 
accordance with this Code; provided, however, that records of children and 
approved adoptive parentis 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 child 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 
entitled 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 original petition was filed. This provision shall also apply 
in case he petitioner(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 ofBirth 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 
surname. 
The original certificate of birth shall be stamped "cancelled" with the 
annotation of the issuance of the amended birth certificate in its place and shall be 
sealed in the civil registry records. The new birth certificate to be issued to the 
adoptee shall not bear any notation that it is an amended issue or that he/she is an 
orphan, abandoned or foundling. 
14 


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- All 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 (ICCD): 
a)  child study report; 
b) Security Paper (SECPA) Birth certificate/foundling certificate; 
c)  Certified True Copy of the Certification that the child is administratively 
available for adoption; 
d)  Medical evaluation/history including that of the child's biological parent/s, 
if available, and updated medical abstract; 
e)  Certified True Copy of the Death Certificate of child's birthparent/s, if 
applicable; 
f)  Psychological evaluation as may be necessary; 
g)  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 adoption 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 
(iii) 
Whose laws allow adoption; and 
b)  Is 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. 
15 


e)  Is eligible to adopt under his/her national law. 
f)  Is in a position to provide the proper care and support and to give the 
necessary moral values and example to all his children, including the 
child to be adopted. 
g)  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 
requirements 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 applicantls and in case of relative adoption, such 
relevant documents that establish the relationship between the applicant 
claiming relationship to the child to be adopted; 
b)  Marriage contract, and in the proper case, Decree of 
Divorce of a 
previous marriage; 
c)  Written consent 
in a form of sworn statement 
by the biological or 
adopted children 
who are ten (10) years of age or over whom the 
prospective adopter exercises parental authority; 
d) Physical and medical evaluation by a duly licensed physician; 
e) Psychological evaluation by a psychologist; 
f) Latest income tax return 
or other documents showing the financial 
, capacity of the applicantls; 
g)  Clearances issued by the Police department or other proper government 
agency of the place where the applicantls reside; 
h)  Character references from the local/church minister, the applicant's 
employer and a member of the immediate community who have known 
the applicantls 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 Child Care Division (ICCD) may charge reasonab.le 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. 
16 


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 duly 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 government 
agency or the authorized and accredited agency in the country of the adoptive 
parents who filed the application for inter-country adoption shan be responsible for 
the trial custody and the care of the child. It shall 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 turn 
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. 
SEC1"'ON 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 
required 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 
17 


to be known. The certificate of adoption shalf be issued within thirty (30) days upon 
the fulfillment of all the requirements set by the NCCA. 
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 parent/s, if still living, by the social worker of the Authority after the 
adoption has been legally completed. 
ARTICLE" 
EFFECTS OF ADOPTION 
SECTION 41. Parental 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 
all the rights and obligations provided by the 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 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 will the law on testamentary succession shall govern. In cases 
of inter-country adoption, the national law of the adoptive parents' shall apply, as far 
as 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. 
Maternity and paternity benefits and other benefits given to the biological parents 
upon the birth of a child shall be enjoyed if the adoptee is below seven (7) years of 
age upon the issuance of the Pre-Adoptive Placement Authority issued by the 
Authority. 
In case of inter-country adoption, the pertinent laws as to benefits given to 
adoptive parents by their respective States shall govern. 
18 


ARTICLE '"  
RESCISSION OF ADOPTION  
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; 
c) sexual assault or violence, or 
d) abandonment and failure to comply with parental obligations. 
Adoption being in the best interest of the child shall not be subject to 
rescission by adopter(s). However the adopter(s) may disinherit the adoptee for 
causes provided in Article 919 of the Civil Code, in cases of Domestic adoption. 
However, in cases of inter-country adoption, the national law of the adopter shall 
govern. The petition shall be filed with the Authority. 
SECTION 46. Effects of the Rescission - If the petition for rescission of 
adoption is granted, the parental authority of the adoptee's biological parent(s), if 
known, or the legal custody of the Authority shall be restored if the adoptee is still a 
minor or incapacitated. The reciprocal right and obligations of the adopter(s) 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. 
Succes~ion 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 
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 third person is 
necessary for purposes connected with or arising out of the adoption and will be for 
the best interest of the adoptee, the Authority may merit the necessary information 
to be released, restricting the purposes for which it may be used. 
No copy thereof as well as any information relating hereto shall be released 
without written authority from the Authority or the written request of any of the 
following: 
19 


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 legally in charge of the 
adopted person, if minor. 
b)  The court or proper public official whenever necessary in 
an 
administrative, judicial or other official proceeding to determine the 
identity of the parent or parents or of the circumstances surrounding the 
birth of the child/adopted person; or 
c)  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 Iher biological 
parents, is preserved. 
ARTICLE V 
VIOLATIONS AND PENALTIES RELATING TO ADOPTION 
SECTION 48. Violations and Penalties 
a) Any person who shall knowingly partiCipate in the conduct or carrying out 
of an illegal adoption , in violation of the provisions of this Act, shall be 
punished with a penalty of imprisonment ranging from six (6) years and 
one (1) day to twelve (12) years and/or a fine not less than fifty thousand 
pesos (P50, 000.00), but not more than two hundred thousand pesos 
(P200,000.00) at the discretion of the court 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 shall be punished by 
prison mayor in its medium period and a fine not exceeding fifty thousand 
pesos (P50,OOO.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 penalties 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. 
20 


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 cou ntry. 
SECTION 49. Public Officers as Offender -
Any government 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 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 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 III of this Act 
and other requirements as determined by the Authority. 
The local social welfare office and the barangays within its coverage shall 
conduct a massive campaign· against simulation of birth, sale and trafficking of 
children. A survey and list of simulated births inevery barangay shall be submitted 
to the local ARRU for assessment and filing of legal; adoption under the provisions 
of this Code. 
BOOK III 
FOSTER CARE 
ARTICLE I 
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 to 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. 
21 


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 multi 
disciplinary team of professionals 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 
Government AgenCies (NGAs), National Government Organizations (NGOs), Local 
Government Units (LGUs), and Peoples Organizations (PO) shall develop foster 
parents who shall provide foster care to children. 
SECTION 55. Issuance 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 valid for three (3) years 
unless otherwise revoked by the NCCA. 
ARTICLE II 
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; 
c)  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 
temporarily or permanently incapable of adequately providing care 
for him/her; 
ii.  
When his/her parents/guardians are known to be inflicting physical 
or sexual abuse; 
iii.  
When he/she is a victim of commercial sexual exploitation; 
iv.  
When he/she has emotional and psychological difficulties; 
v.  
When he/she is affected with Human Immunodeficiency Virus 
(HIV) / Acquired Immune Deficiency Syndrome (AIDS); 
vi.  
When the child has committed a minor offense and released on 
recognizance or on custody supervision but whose family or 
relatives 
are 
not capable 
or providing 
him/her adequate 
/appropriate care. 
22 


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 
qualifications: 
a) Shall be at least 25 years of age and shall have a genuine interest in  
parenting a related or non-related 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.  
c) 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 to hone their knowledge, attitude and skills in  
caring 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 shall 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. 
SEC"nON 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. 
23  


b) After the reunion of the child with his/her biological family, adoption or 
referral to another foster family or residential institution/facility, the social 
worker shall be available to ensure the child's reintegration and adjustment to 
his/her biological/adoptive/foster family; and 
c) 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/h~r environment. 
SECTION 63. Adoption of a Foster Child. ~ A foster family may adopt 
their/his/her foster child. The foster family must have all 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 III 
FOSTER CARE 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 
PHILHEAL TH. 
SECTION 65. Special Discounts. ~ To the extent possible, the government 
may grant special discounts to foster parents on the purchase of basic commodities 
for the exclusive use of the foster child subject to the guidelines to be issued for the 
purpose by the Department of Trade and Industry (DTI) and the Department of· 
Agriculture (DA). 
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 government standards a'ld auditing rules and 
regulations. 
SEC"nON 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. 
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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, widow/widower of 
legally separated, a foster child shall be treated as a dependent by the said 
foster parent, that would qualify him/her as "head of the family" entitled to the 
P50,OOO.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 parentis 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 additional exemption shall be allowed only if the period of 
foster care is at least a continuous period of one taxable year. 
ARTICLE IV 
VIOLATIONS AND PENALTIES IN RELATION TO FOSTER CARE 
SECTION 71. Penalties. - Any person/s caring for a child, whether licensed 
or without a license as foster family, found to be committing acts of neglect, abuse, 
cruelty or exploitation and other conditions prejudicial to the child's development or 
has under his/her custody two or more children without any legal basis or without 
being licensed to act as a foster family shall be penalized in accordance with 
Republic Act No. 7610, otherwise known as An Act Providing for Stronger 
Deterrence and Special Protection Against Child Abuse, Exploitation and 
Discrimination, providing for its Violation, and for Other Purposes. 
Any agency found to be violating any prOVision of Chapter II of this Act shall 
suffer the following penalties: 
1) For. the first violation, a fine of not less than Five Thousand Pesos 
(P5,000.00) but not exceeding Ten Thousand Pesos (P10,000.00); 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 
(P1 00,000.00) and the revocation of the license of the agency concerned. 
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BOOK IV 
GUARDIANSHIP LEADING TO ADOPTION 
ARTICLE I 
Guardianship as Alternative Child Care 
SECTION 72. Guardianship as Alternative Child Care. - While nothing in 
this Act amends the judicial nature of guardianship proceedings, the provisions on 
this Act will only apply after· termination of guardianship as when the guardian/s 
endeavors and expressed his/her/their intention to the adoption of the ward. 
All relevant provisions on adoption, whether, inter-country or domestic 
adoption, as the case may be, shall govern .in cases of guardian/s intending to 
adopt his/her/their ward. 
. 
SECTION 73. Petition for the adoption of the Ward. - After the termination 
of guardianship, the guardian/s may opt to adopt his/her/their ward by filing a 
petition for adoption pursuant to Book" of this Act. All the qualifications prescribed 
in Book II of this Act shall be met with, as well as all 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 
reasons for the reduction of the period. 
FINAL PROVISIONS 
SECTION 74. Implementing Rules and Regulation ~ 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. 
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,  
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 Gazzete. 
Approved, 
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