Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

S512

House Bill No.

Introduced by: REPRESENTATIVE IRENE GAY F. SAULOG

EXPLANATORY NOTE

The 1987 Constitution gives importance to the family. Article XV is devoted to the
family. Section 1 recognizes the Filipino family as the foundation of the nation. Section 3(2) also
states the concomitant right of children to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions

prejudicial to their development.

Children’s rights are intimately related to the subject of family. Not only are they part of
the family, the law also establishes certain pertinent rights. Article 3 of Presidential Decree 603,
known as The Child and Youth Welfare Code, enumerates the rights of the child. Section 1
recognizes that every child has dignity and worth as a human being and has the right to be born
well. Section 2 states that every child has the right to a wholesome family life that will provide
him with love, care and understanding, guidance and counseling, and moral and material
security.

Furthermore, the rest of the enumeration like having a well-rounded development of
personality, an atmosphere that will enrich and strengthen the character, and having a balanced
diet, adequate clothing, and sufficient shelter are all rights that would be better protected and met
within the context of a child growing up in a loving family.


‘We are aware of the painful reality that not all children are born into a family. Various
circumstances may lead to the absence of a family like abandonment, being orphaned, and the
voluntary or involuntary relinquishment of parental rights. It is incumbent upon the State to
address this situation. Adoption serves as the best alternative placement for children in these
circumstances. It provides them with a family that will serve as a constant presence in their lives.
They will grow up in a family setting that will nurture them, guide them, and help them succeed
in life. 3

The process of adoption in the Philippines though is lengthy and costly. The two-part
process involves the administrative process with the Department of Social Welfare and
Development (DSWD) and the judicial process with the courts. The inadvertent result is the
duplication of requirements in documentation and reporting. The whole process usually takes
more than 3 years to be completed. Compounding this is the burden of legal fees usually
reaching hundreds of thousands of pesos.

The doctrine of primary jurisdiction is a fundamental principle in administrative law. It
finds appli

tion on matters that demand the expertise, competence, specialized skills, and
knowledge of an administrative agency.

Adoption undoubtedly falls within the mandate of DSWD. The passage of RA 9523
recognized the agency's competence as it gave the latter sole authority to issue the certification
declaring a child legally available for adoption. The said law also recognized that administrative
processes under the jurisdiction of the DSWD for the declaration of a child legally available for
adoption of abandoned, surrendered, or neglected children are the most expeditious proceedings
for the best interest and welfare of the child.

10 years have passed since RA 9523 amended the Domestic Adoption Act of 1998.
Taking into account our experience, it is high time that we introduce further reforms in order to
have a system that will be expeditious, inexpensive, and still in keeping with the best interest of


the child. Putting the adoption process within the domain of DSWD will help ease the burden of
courts and will encourage prospective couples and individuals to adopt.

Making this necessary change will bring us closer to a Philippine society where no child

is left without a family. A society where every child belongs to a family that will help him/her
secure a bright future.

Considering all of these, the passage of this bill is earnestly sought.

Hi "AY F. SNULOG
Kalinga Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _551e

Introduced by: REPRESENTATIVE IRENE GAY F. SAULOG

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 the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the Domestic Administrative
Adoption Act...

Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to ensure that .
every child remains under the care and custody of the parents and be provided with love, care,
understanding and security towards the full and harmonious development of the child’s
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.

In all matters relating to the care, custody and adoption of a child, his/her best 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 Inter-country Adoption. Toward this end, the State shall
provide alternative protection and assistance through foster care or adoption for every child who
is neglected, orphaned, or abandoned.

It shall also be the State policy to:

() + 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);

(ii) 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;

(vy) 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 counseling 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.

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


See. 4. Definition of Terms. — As used in this Act:

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

(b) Abandoned Child - one who has no proper parental care or guardianship or whose
parent(s) has deserted hinvher for a period of at least three (3) continuous months;

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

(d) Adoption — the socio-legal process of providing a permanent family to a child whose
parents voluntarily or involuntarily given up their parental rights;

() Certification Declaring a Child Legally Available for Adoption. — refers to a child in
whose favor a certification is issued by the Department of Social Welfare and
Development (DSWD) stating that such child is legally available for adoption it has been
established that his or her birth was simulated and that the conditions provided for in this
bill to allow for the rectification of such simulated birth are present;

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

(9) Child-placing agency — refers to a private, non-profit or charitable institutions or
government agency duly licensed and/or accredited by the Department to provide
comprehensive child welfare services, including but not limited to receiving applications
for adoption/foster care, evaluating the PAPs/Foster Parents, preparing the home study
report and all other processes required for adoption (IRR of RA 8552);

(h) Child-caring agency — a duly licensed and accredited agency by the Department that
provides twenty four (24)- hour residential care services for regular children;

(i) Deed of Voluntary Commitment (DVC) ~ refers to the written and notarized instrument
relinquishing the parental authority and committing the child to the care and custody of
the Department executed by the child’s biological parent(s) or legal guardian or a person

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exercising substitute parental authority over the child, to be signed in the Presence of a
social worker and the notary public, after counseling and other services have been made
available to encourage the biological parent(s) to keep the child;

() Department — the Department of Social Welfare and Development;

(k) Domestic Adoption — the adoption proceeding which is undertaken between a Filipino
child and eligible adoptive parents based on the requirements stipulated in RA 8552 who
are permanently residing in the Philippines;

(1) Foundling — a person whose facts of birth are unknown;

(m) Involuntarily Committed Child — 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

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

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

() Prospective Adoptive Parents (PAPs) ~ refers to a person or married couple who have
filed an application for administrative adoption and whose application has been
approved; .

(q) Regional Director ~ the head of the regional office of the Department of Social Welfare
and Development;

(1) Relative — someone who is within the fourth degree of consanguinity or affinity;

(S) Secretary — the Secretary of the Department of Social Welfare and Development;

(t) Simulation of birth — the tampering of the civil registry making it appear in the birth
records that a certain child was born to a person who is not the biological mother, causing
the loss of the true identity of the child;


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

(V) Social Worker - any person who practices social work in the Philippines and who is
registered or exempted from registration in accordance with the provisions of relevant
laws or mandate of governing professional regulatory agency (e.g. Professional
Regulation Commission);

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

(X) Surrendered Child — a child whose parent(s) knowingly and voluntarily relinquished
parental authority to the Department or to a duly licensed Child-Placing/Child-Caring
Agencies;

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

ARTICLE Il
PRE-ADOPTION SERVICES
Sec. 5. Services. — It shall be the duty of the Local Government Unit, Child
Caring/Placing Agencies and Department to ensure that necessary counselling services by
licensed social workers to the following shall be conducted:

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


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

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

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

(©) 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 and level of maturity.

Early disclosure of adoption as a proven helpful practice shall be mandatory for children

four (4) years old and above. A licensed social worker must conduct adoption-themed activities
to such children which in tum will inculcate in their young minds the positive aspects of

-adoption.

See. 6. Location of Unknown Parent(s). It shall be the duty of the Department, Local
Government Unit or the child-placing or the child-caring agency which has custody of the child
to exert diligent efforts using, but not limited to tri-media and any other possible means to locate
his/her unknown biological parent(s) or immediate relatives in order to determine his/her/their
permanency plan over the child. If such efforts fail, the child shall be registered as a foundling
and subsequently be the subject of administrative proceedings where he/she shall be declared
abandoned.

ARTICLE II
ELIGIBILITY

Sec. 7. Who May Adopt. — The following may adopt:


(a) Any Filipino citizen, at least twenty-five (25) years of age, in possession of
full civil capacity and legal rights, of good moral character, has not been convicted of any
ctime involving moral turpitude, emotionally and psychologically capable of caring for
children, at least sixteen (16) years older than the adoptee, and who is in a position to
support and care for his /her children in keeping with the means of the family. The
requirement of sixteen (16) year difference between the age of the adopter and the
adoptee may be waived when the adopter is the biological parent of the adoptee, or is the
spouse of the adopteé's parent;

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

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

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

(©) The actual custodian with respect to the child or person who has been under
his/her care and whom he/she genuinely and consistently treated as son or daughter;
Husband and wife shall jointly adopt, except in the following cases:

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

(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter; Provided,

however, that the other spouse has signified his/her consent thereto;

if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts his or her illegitimate
son/daughter of the other, joint parental authority shall be exercised by the spouses.

Sec. 8, Who May Be Adopted. — The following may be adopted:

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

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


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

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

(©) Achild whose adoption has been previously rescinded; or

() Achild 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).

Sec. 9. Whose Consent is Necessary to the Adoption. — After being properly counseled
and informed of the right to give or withhold approval of the adoption, the written consent of the
following to the adoption is hereby required:

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

(b)the biological parent of the child, if known, or the legal guardian who has legal
custody of the child;

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

(d)the illegitimate sons/ daughters, ten (10) years of age or over, of the adopter if living

with said adopter and the latter’s spouse, if any; and

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

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

(a) Home Study and Child Study Report duly prepared by a licensed social worker;

(b) Authenticated birth record of the PAPs and the child;

(c) Marriage Certificate, if the PAPs are married; or Court Decision/Certificate of
Finality, if annulled, divorced or legally separated;

(d)NBV/Police Clearance; If foreigner married to a Filipino, clearance from the
international police and police authorities of the country or countries where he has
been a resident for the past two (2) years;


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

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

(g) Original copy of the Certification Declaring a Child Legally Available for Adoption
(CDCLAA), as applicable;

(h)Result of recent medical evaluation of the child and PAPs;

(i) Mandatory Result of Psychological Evaluation of the PAPs, pursuant to RA 8552, to
ensure additional safety net for the child;

(i) Mandatory Result of Psychological Evaluation of the child, pursuant to RA 8552, for
children 5 years old and above;

(k) Child care plan with list of at least three temporary custodian of the child in order of
preference in case of death, absence or incapacity of the PAPs;

(1) Letter attesting to the character and general reputation of the PAPs from at least three
(3) fion-related character references, of whom one must preferably come from an
employer/supervisor or with whom the PAP(s) have business dealings. The contact
details of the person attesting must be so indicated in the letter;

(m) Recent close-up and whole body pictures of the child and PAPs taken within the
last six (6) months; and

(n) Documents showing the financial capacity of the PAPs (ie. ITR, bank account,
certificate of employment etc.

The social worker of the Department, Local Government Unit and Child-Caring/Placing

Agencies is not precluded from asking for additional documents he may deem necessary as proof

of facts alleged in the petition or to establish a factual claim.

ARTICLE IV
PROCEDURE

Sec. 11. Case Study and Home Study Report. — A licensed social worker from the social

service office of the local government unit, or any child-placing or child-caring agency or an

12


adoption social worker with at least three (3) years experience in handling adoption cases, as
certified by the department shall conduct a case study of the adoptee, his/her biological parent(s),
as well as the Home Study Report of the adopter(s), and shall submit the report and
recommendations on the matter to the respective Regional Office of the Department as among.
the supporting documents of the petition.

The case study of the adoptee shall establish that he/she is eligible for adoption and that
the documents to support this fact are valid and authentic. It shall also be established that a child
legally available for adoption is declared legally available for adoption and various interventions
and services were extended to the child's biological family or immediate relative to ensure that
all efforts to prevent the child from unnecessary separation from them were exhausted.

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

If after the conduct of the case studies and the Home Study Report, the social worker
discovered new information that would warrant denial of the petition, the said social worker shall
make the proper recommendation to the Department, furnishing a copy thereof to the office
where the child come from and to where the PAPs applied.

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

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


immediately forwarded if not matched in the first meeting, except under special circumstances,
The matching proposal made by the CWSG shall be approved by the Department.

Cases of step-parent adoption, relative adoption within the 4th degree of consanguinity
and affinity and adult adoption shall not undergo the matching process, instead, the Department
shall automatically issue the PAPs with Pre-adoption Placement Authority (PAPA), as assessed
and recommended by the social worker.

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

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

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

Further, for regular cases, the STC may be reduced or lengthened or waived depending
on the assessment and recommendation of the social worker.

For independently placed cases, the social worker shall prepare one post-placement report
recommending the qualified adoptive parent(s) to continue his/her/their parental obligations
towards the child or adoptee.

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


Sec. 15. Petition for Administrative Adoption. ~The thriving parent-child relationship
during STC period as substantiated by the monthly monitoring report of the social worker shall
give rise to the filing of a Petition for Adoption.

The petition for adoption shall be prepared and signed by the head of the local social
welfare agency, child-caring/child-placing agency that process the application of the qualified
adopters. The said petition shall be notarized and state the facts necessary to establish the merits
of the petition. The petitioner must specifically allege that he/she is at least 25 years of age, in
possession of full civil capacity and legal rights; is of good moral character; has not been
convicted of any crime involving moral turpitude; is emotionally and psychologically capable of
caring for children; is at least sixteen (16) years older than the adoptee, unless the adopter is the
biological parent of the adoptee or is the spouse of the adoptee’s parent; and is in a position to
support and care for his/her/their children in keeping with the means of the family and has
undergone pre-adoption services. The petition should also indicate the new name the petitioner
wishes the child to have, if any.

The petition for administrative adoption shall be in the form of an affidavit and shall be
subscribed and swom to by the petitioner(s) before any person authorized by law to administer
affirmations and oaths.

‘No subsequent petition for administrative adoption involving the same PAPs shall be
entertained unless the prior petition has attained finality.

Sec. 16. Where to file the Petition. — The petition together with complete and original
supporting documents shall be filed by the petitioner(s) with the Office of the Social Welfare and
Development Officer (SWDO) of the city or municipality where the PAPs reside.

See. 17. Administrative Adoption Process. ~ The SWDO shall have ten (10) days to
examine the petition and its supporting documents and determine whether the same is sufficient
in form and substance. If the SWDO finds that the petition is insufficient in form or substance,
the SWDO shall return the same to the petitioner with a written explanation of its insufficiency.
If the SWDO finds the petition sufficient in form and substance, the SWDO shall forward the
petition and the supporting documents within seven (7) days to the Regional Director of the

15


Department of Social Welfare and Development (DSWD) Field Office, hereinafter referred to as
the Regional Director, exercising jurisdiction over the city or municipality where the child
resides.

The identity of the child and the petitioner including the motivation to adopt shall be
Personally determined by him or her through the supporting documents of the petition and
interview with the petitioner(s) and the child. The personal appearance of the petitioner and the
child before the Regional Director shall likewisé be mandatory. He/She ‘shall render a
recommendation not later than thirty (30) calendar days from receipt of such documents, In the
course of the review, additional information or document/s may be required from the petitioner
to support the petition. The failure of the petitioner to comply with such request shall not
preclude the Regional Director from acting on the petition based on the evidence at hand,

The Regional Director shall transmit a copy of his/her recommendation and records to the
Office of the Secretary of the Department, within ten (10) days from the date of the
recommendation. The Secretary shall act and decide on the recommendation within thirty (30)
days from receipt thereof.

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

Sec. 19. Order of Adoption. — If the supervised trial custody is satisfactory to the parties
and the Department is convinced from the trial custody report, the petition and its supporting
documents that the adoption shall redound to the best interest of the child or prospective adoptee,
the Secretary shall issue an Order of Adoption which is registrable civil registry document stating


the name by which the child shall be known and shall likewise direct the concerned local civil
registrar the:

(1) the adopter to submit a certified true copy of the decree of adoption to the Civil

Registrar where the child was originally registered within thirty (30) days from receipt

of the Order of Adoption.

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

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

(b) to submit to the Department proof of compliance with all the foregoing within
thirty (30) days from receipt of the decree,

The Order shall take effect on the date the petition was filed with the DSWD Field
Office, even if the petitioner dies before its issuance. It shall become final upon the expiration of
fifteen (15) days from notice thereof to all parties.

An administrative adoption order obtained under this Act shall have the same effect as a
decree of adoption issued pursuant to Republic Act No. 8552, otherwise known as the “Domestic
Adoption Act of 1998”,

Sec. 20. Benefits of Prospective Adoptive Parent(s). — If a child is seven (7) years old or
below, placed with prospective adopter(s) through a Pre-adoption Placement Authority (PAPA)
issued by the Department, the prospective adopter(s) shall enjoy all the benefits entitled to
biological parents, including but not limited to, maternal and paternal leave, the ability to add the
adoptee as health/tax dependents that can be availed through the Social Security System (SSS),
Department of Labor and Employment (DOLE), Bureau of Internal Revenue (BIR), Health
Maintenance Organization (HMO) providers, among others to which the biological parent(s) is
entitled from the date the adoptee is issued with PAPA and Affidavit of Consent to Adoption
(ACA).

Sec. 21. Civil Registry Record. — An amended certificate of birth shall be issued by the
Civil Registry, pursuant to the Order of Adoption, attesting to the fact that the adoptee is the
child of the adopter(s) by being registered with his/her surname. The original birth record shall

7


be stamped "cancelled" with the annotation of the issuance of an amended birth certificate in its
place and shall be sealed in the civil registry records. The new birth certificate to be issued to the
adoptee shall not bear any notation that it is an amended issue.

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

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

In any event, the disclosure of any information shall only be allowed upon the Order of
the Secretary, based on the written request of the adoptee or in the case of a minor adoptee, his or
her legal guardian or the Adoptive Parent or upon order of any lawful authority,

Any violation of the confidential nature of the records above-mentioned shall be
Punishable pursuant to the penal provisions of the Act, R.A. No. 10173 or the “Date Privacy Act

of 2012” or other relevant laws.

Sec. 24. Fees. — The city or municipal SWDO, DSWD, the Office of the Local Civil
Registrar (LCR), Child Caring/Placing Agencies may charge socialized fees to those who avail
of the administrative adoption proceedings under this Act.

ARTICLE V
EFFECTS OF ADOPTION


Sec. 25. Legitimacy. - The adoptee shall be considered the legitimate son/daughter of the
adopter for all intents and purposes and as such is entitled to all the rights and obligations
provided by law to legitimate sons/ daughters born to them without discrimination of any kind.
To this end, the adoptee is entitled to love, guidance and support in keeping with the means of
the family.

See. 26, Parental Authority. - Except in cases where the biological parent is the spouse
of the adopter, all legal ties between the biological parents and the adoptee shall be severed and
the same shall then be vested on the adopter.

See. 27. Succession. — In legal and intestate succession, the adopter and the adoptee shall
have reciprocal rights of succession without distinction from legitimate filiation. However, if the
adoptee and his/her biological parents had left a will, the law on testamentary succession shall

govern.

ARTICLE VI
POST-ADOPTION SERVICES.

Sec.28. Preliminaries to Adoption Telling. — It shall be the duty of the social worker who
handled the child's case to conduct activities to adoptees four (4) years old or above, that will
trigger or provide them inkling about the adoption. This is based on the principle that in
adoption, the earlier the child knows about it, would be to his/her advantage. However, nothing
in this Act shall be construed as mandatory for the social worker to divulge the adoption. His/her
role is merely to incite the adoption telling by the adoptive parent(s).

See. 29, Search/Tracing of Biological Family - Upon reaching the age of majority, an
adoptee may seek the assistance of the Department, Local Government Unit or the Child
Caring/Placing Agency to trace his/her biological family and eventually have a face to face meet-
up, provided, the adoption triad consented to and received adequate preparation from a licensed
social worker regarding the said meet-up.


Sec. 30. After-care Monitoring and Submission of Report. - Upon finalization of the
adoption and the receipt of the amended birth certificate of the child, the Department shall
monitor the parent-child relationship to ensure that the adoption redounded to the best interest of
the child. A Closing Summary Report shall be prepared by the handling social worker and
submitted to the Office of the Secretary of the Department after completing the after-care
monitoring to the adopters and adoptees.

ARTICLE VII
RECISSION OF ADMINISTRATIVE ADOPTION

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

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

(b)attempt on the life of the adoptee;

(C) sexual abuse 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 the
adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of
the Civil Code.

See. 32. Venue. — The petition shall be filed with the DSWD Field Office where the

adoptee resides.

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

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

direct.

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

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

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

It shall also order the adoptee to use the name stated in his original birth or foundling
certificate.

The Department shall further order the Civil Registrar where the adoption order was
registered to cancel the new birth certificate of the adoptee and reinstate his original birth or
foundling certificate.

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

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

ARTICLE VIII
VIOLATION AND PENALTIES.

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See. 37. Violations and Penalties. —

(a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve
(12) years and/or a fine not less than Fifty thousand pesos (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:

(@ obtaining consent for an adoption through coercion, undue influence, fraud, improper

material inducement, or other similar acts;

i) non-compliance with the procedures and safeguards provided by the law for adoption;

or

(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under the
name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of
birth, and shall be punished by prision mayor in its medium period and a fine not exceeding Fifty
thousand pesos (P50,000.00).

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

Any person who shall violate established regulations relating to the confidentiality and
integrity of records, documents, and communications of adoption applications, cases, and
Processes shall suffer the penalty of imprisonment ranging from one (I) year and one (1) day to
two (2) years, and/or a fine of not less than Five thousand pesos (P5,000.00) but not more than
Ten thousand pesos (P10,000.00), at the discretion of the court.

A penalty lower by two (2) degrees than that prescribed for the consummated offense
under this Article shall be imposed upon the principals of the attempt to commit any of the acts
herein enumerated. Acts punishable under this Article, when committed by a syndicate or where
it involves a child shall be considered as an offense constituting child trafficking and shall merit
the penalty of reclusion perpetua.

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

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

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

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

Under this Act, adoption discrimination acts, including but not limited to, labelling,
shaming, bullying, negative stigma, among others, are prohibited. Any person who shall commit
said adoption discrimination acts shall be penalized with a fine not less than five thousand pesos
(P 5,000.00) but not more than ten thousand pesos (P 10,000.00), at the discretion of the court.

ARTICLE IX
FINAL PROVISIONS

Sec. 38. Information Dissemination. — The DSWD, in coordination with the Department
of the Interior and Local Government (DILG), the Department of Education (DepEd), the
Department of Justice (DOJ), the Department of Health (DOH), the Council for the Welfare of
Children (CWC), Civil Service Commission (CSC), Government Social Security System (GSIS),
Association of Child-Caring Agencies in the Philippines (ACCAP), League of Cities and
Municipalities in the Philippines shall disseminate to the public information regarding this Act
and its implementation.

Sec. 39. Implementing Rules and Regulations. ~ The Secretary, after due consultation
with the Philippine Statistics Authority (PSA), DOJ, DILG, DepEd, DOH, Department of Labor
and Employment (DOLE), National Bureau of Investigation (NBI), Association of the Local
Civil Registrars (LCR), Inter-Country Adoption Board (ICAB), Juvenile Justice and Welfare
Council (IJWC), National Council on Disability Affairs (NCDA), Department of Foreign Affairs

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(DFA), Child's Rights Network, Philhealth, Social Security System (SSS), Council for the
Welfare of Children (CWC) and Office of the Solicitor General, and two (2) private individuals
representing child-placing and child-caring agencies shall formulate the necessary guidelines to
make the provisions of this Act operative.

Sec. 40. Appropriations. — Such sum as may be necessary for the implementation of the
provisions of this Act shall be included in the General Appropriations Act of the year following

its enactment into law and thereafter.

Sec. 41. Repealing Clause. — All laws, decrees, letters of instruction, executive issuances,
resolutions, orders or parts thereof which are inconsistent with the provisions of this Act are

hereby repealed, modified, or amended accordingly.

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

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

Sec. 44. Effectivity. — This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of general circulation.
Adopted,

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