EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
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)
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SENATE
S. No. 1933
vA ■)r.
cf i!;' g'rcrrt,ir;>.
20 NOV 25 P3 :05.
RECEIVrp
(In substitution of Senate Bill Nos. 1070 and 1337)
Prepared jointly by the Committees on Women, Children, Family Relations and 
Gender Equality; Social Justice, Welfare and Rural Development; and Finance, with 
Senators Poe, Revilla Jr. and Hontiveros, as authors thereof
AN ACT
ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC 
ADMINISTRATIVE ADOPTION PROCEEDING OF FILIPINO AND FOR OTHER 
PURPOSES
Be It enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
ARTICLE I
GENERAL PROVISIONS
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Section 1. Short Title. - This Act shall be known as the Domestic
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Administrative Adoption Act.
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Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
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ensure that every child remains under the care and custody of the parents and be
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provided with love, care, understanding and security towards the full and
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harmonious development of the child's personality. Only when such efforts prove
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insufficient and no appropriate placement or adoption within the child's extended
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family is available shall adoption by an unrelated person be considered.
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In all matters relating to the care, custody and adoption'of a child, his/her 
10 best Interest shall be the paramount consideration in accordance with the tenets set
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forth in the United Nations (UN) Convention on the Rights of the Chiid; UN
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Deciaration on Sociai and Legal Principies Relating to the Protection and Weifare of
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Chiidren with Speciai Reference to Foster Placement and Adoption, Nationally and
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Internationally; and the Hague Convention on the Protection of Children and
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Cooperation in Respect of Inter-country Adoption. Toward this end, the State shall
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provide alternative protection and assistance through foster care or adoption for
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every child who is neglected, orphaned, or abandoned.
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It shall also be the State policy to:
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(i) 
Safeguard the biological parents from making hasty decisions to
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relinquish his/her parental authority over his/her child;
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(ii) 
Prevent unnecessary separation of the child from his/her biological
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parent(s);
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(iii) 
Protect the adoptive parent(s) from attempts to disturb his/her
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parental authority and custody over his/her adopted child;
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(iv) 
Conduct public information and educational campaigns tp. promote a
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positive environment for adoption;
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(v) 
Ensure that sufficient capacity exists within government and private
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sector agencies to handle adoption inquiries, process domestic
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adoption applications, and offer adoption- related services including,
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but not limited to pre/post-adoption services and counselling for the
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biological parent(s), child and adoptive parent(s);
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(vi) 
Encourage domestic adoption so as to preserve the child's identity and
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culture in his/her native land, and only when this is not available shall
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inter-country adoption be considered.
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No child shall be a subject of administrative adoption unless the status of the
27 
child has been declared legally available for adoption either in judicial or
t .
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administrative proceedings except in cases of relative or step-parent ado|Jtion where
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such declaration is not required. Independent Placement cases will be covered by
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the provisions of this Act if the child is already in the custody , of their custodian
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before the effectivity of the law.


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It is hereby recognized that the administrative adoption processes under the
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jurisdiction of the Department of Social Welfare and Development for the cases of
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legally-available children, relative, step- parent and adult adoptees are the most
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expeditious proceedings that will redound to their best interest.
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Sec. 3. Objectives. - This Act shall provide for and allow simpler and
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inexpensive domestic administrative adoption proceedings.
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Sec. 4. Definition of Terms. - As used In this Act:
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(a) A child legally available for adoption - a child or person, whose case is
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abandoned, neglected or surrendered and who has been voluntarily or
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involuntarily committed to the Department or to a duly licensed child-
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caring/child-placing agency and issued with a Certification declaring him/her
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available for adoption;
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(b) Abandoned Child - refers to one who has no proper parental care or
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guardianship or whose parent(s) has deserted him/her for a period of at least
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three (3) continuous months and has been judicially declared as such;
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(c) Actual Custodian - the guardian or spouses who raised a child/person and
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consistently treated him/her as his/her/their own child.
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(d) Adoption - the socio-legal process of providing a permanent family to a child
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whose parents voluntarily or involuntarily given up their parental rights;
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(e) Application/Petition - refers to the application form duiy accomplished and
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signed by the prospective adoptive parents, the home study report including
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its supporting documents;
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(f) Certification Declaring a Child Legally Available for Adoption (CDCLAA) - shalj
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refer to the finai written administrative order declaring the dependent,
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abandoned, and negiected child to be legally available for adoption and
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committing such child to the care of the duly-licensed child caring/placing
27 
agency or institution;
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• 
(g) Child - a person below eighteen (18) years of age or a person 18 years or
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over but is unable to fully take care or protect himself/herself from abuse,
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neglect, cruelty, exploitation, or discrimination because of physical or psycho
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social disability or condition;


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(h) Child-placing agency- refers to a private, non-profit or charitabie- institutions
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or government agency duiy licensed and/or accredited by the Department to
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provide comprehensive child welfare services. Including but not limited to
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receiving applications for adoption/foster care, evaluating the. PAPs/Foster
5 
Parents, preparing the home study report and all other processes required for
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adoption (IRR of Republic Act No. 8552);
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(i) Chlld-caring agency - refers to a private non-profit or government agency
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duly registered, licensed and accredited by the DSWD that provides twenty
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four (24) hour residential care services for abandoned, orphaned and
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neglected children;
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0) Deed of Voluntary Commitment (DVC) - refers to the written and notarized
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instrument relinquishing the parental authority and committing the child to
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the care and custody of the Department executed by the child's biological
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parent(s) or legal guardian or a person exercising substitute parental
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authority over the child, to be signed in the presence of a social worker and
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the notary public, after counselling and other services have been made
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available to encourage the biological parent(s) to keep the child;
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(k) Department- the Department of Social Welfare and Development (DSWD);
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(I) Domestic Adoption - the adoption proceeding which is undertaken, between a
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Filipino child and eligible adoptive parents;
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{m) Foster care - refers to the provision of planned temporary substitute parental
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care to a child by a foster parent;
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(n) Foster child- refers to a child placed under foster care;
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(o) Foster parent - refers to a person, duly licensed by the Department, to
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provide foster care;
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(p) Foundling- a person whose facts of birth are unknown; 
. .
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(q) Home study report- refers to a written report prepared by a social worker
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containing necessary information on a prospective parent or faniily member;.
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(r) Involuntarily Committed Child - one whose parent(s), known or unknown,
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has been permanently and judicially deprived of parental authority due to
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abandonment; substantial, continuous or repeated neglect; , abuse or
32 
incompetence to discharge parental responsibilities;
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(s) Matching - the judicious seiection from the regionai or interregional levels of
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a family for a child based on the child's needs and in his/her best interest as
3 
well as the capability and commitment of the adoptive parents to provide
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such needs and promote a mutually satisfying parent-child relationship.
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(t) Neglected - one whose basic needs have been deliberately unattended or
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Inadequately attended within a period of three (3) continuous months;
7 
(u) Placement - refers to the physical entrustment of the child with the foster
8 
parent or to the adoptive parents;
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(v) Post adoption services- refers to psycho-social services and support services
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provided by professionally trained social workers after the issuance of the
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Certificate of Adoption;
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(w) Prospective Adoptive Parents (PAPs) - refers to a person or married couple
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who have filed an application for administrative adoption and whose
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application has been approved;
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(x) Regional Director- the head of the regional office of the Department;
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(y) Reiative/next of kin - someone who is within the fourth . degree of
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consanguinity or affinity;
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(z) Secretary- the Secretary of the Department;
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(aa) 
Simulation of birth - the tampering of the civil registry making it
20 
appear in the birth records that a certain child was born to a person who is
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not the biological mother, causing the loss of the true identity pf the child;
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(bb) 
Social Welfare Development Officer - a person who is a duly licensed
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social worker and appointed by the local chief executive to head the
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provincial, city or municipal social welfare development office which serves as
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the frontline of the local government unit in the delivery of spcial welfare and
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deveippment prpgrams and services;
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(cc) 
Social Worker - refers to a licensed practitioner who by academic
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training and social work professional experience possesses the skill to achieve
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the objectives as defined and set by the social work profession, through the
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use of the basic methods and techniques of social work (case work, group
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work, and community organization) which are designed to enable,individuals;
32 
groups and communities to meet their needs and to solve the problems of
5


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adjustment to a hanging pattern of society and, through coordination with an
2 
organized sodai work agency which is supported partiaily or whoiiy from
3 
government or community soiicited funds;
4 
(dd) 
Step-Parent - a parent who is married to the mother or father of a
5 
child, but who is not that child's biological mother or father.
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(ee) 
Surrendered Child- a child whose parent(s) knowingly and voluntarily
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relinquished parental authority to the Department or to a duly licensed Child-
8 
Placing/Child-Caring Agencies;
9 
(ff) Supervised trial custody- is a period of six (6) months within which the social
10 
worker oversees the adjustment and emotional readiness of both the
11 
adopter(s) and adoptee in stabilizing their filial relationship;
12
13 
ARTICLE II
14 
PRE-ADOPTION SERVICES
15 
Sec. 5. Services. - It shall be the duty of the Department, child caring/placing
16 
agencies, as well as city, municipal, or barangay social workers when appropriate, to
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provide necessary and appropriate counselling services by licensed social workers to
18 
the following:
19 
(a) Biological Parent(s) - Counselling shall be provided to the parent(s)
20 
before and after the birth of his/her child. No binding commitment to an
21 
adoption plan shall be permitted before the birth of his/her child. In all
22 
proceedings for adoption, the Department shall require proof that the
23 
biological parent(s) has been properly counselled to prevent him/her from
24 
making hurried decisions caused by strain or anxiety to give up the child, and
25 
to sustain that all measures to strengthen the family have been exhausted
26 
and that any prolonged stay of the child in his/her own home will be inimical
27 
to his/her welfare and interest.
28 
A period of three (3) months shall be allowed fpr the biological;
29 
parent(s) to reconsider any decision to relinquish his/her. child for adoption.
30 
Counselling and rehabilitation services shall also be offered to the biological
31 
parent(s) after he/she relinquished his/her child for adoption.


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(b) Prospective Adoptive Parent(s) (PAPs) - Counselling sessions,
2 
adoption fora and seminars, among others, shall be provided to prospective
3 
adoptive parent(s) to resoive possible adoption issues and to prepare him/her
4 
for effective parenting.
5 
Adoption telling shall be one of the central themes of the fora/seminar
6 
to equip the prospective adoptive parents 
with the ability to divulge the
7 
adoption to the adoptee in a manner that wili strengthen the parent-child
8 
relationship.
9 
(c) Prospective Adoptee - Counselling sessions shali be provided to
10 
ensure that he/she understands the nature and effects of adoption and is
11 
able to express his/her views on adoption in accordance with his/her age
12 
and level of maturity.
13 
Early disclosure of adoption as a proven helpful practice shall be mandatoiy
14 
for children four (4) years old and above. A licensed social worker must conduct
15 
adoption-themed activities to such children which in turn will inculcate in their young
16 
minds the positive aspects of adoption.
17 
Local government units shall ensure the provision of these services by the
18 
enactment of policies, the allocation of funding, as weil as irnpiementation, as
19 
mandated by R.A. No. 7160.
20 
Sec. 6. Location of Unknown Parent(s). - It shali be the duty of the
21 
Department, Local Government Unit or the child-placing or the child-caring agency
22 
which has custody of the child to exert diligent efforts using, but.not limited to tri-
23 
media and any other possible means to locate his/her unknown biological parent(s)
24 
or immediate relatives in order to determine his/her/their permanency plan over the
25 
child. If such efforts fail, the child shall be registered as a foundling and
26 
subsequently be the subject of administrative proceedings where he/she shali be
27 
declared abandoned.
28
29 
ARTICLE III
30 
ELIGIBILITY
31 
Sec. 7. Who May Adopt. - The following may adopt:


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(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 crime involving moral turpitude, emotionally and 
psychologically capable of caring for children, at least sixteen (16) years older 
than the adoptee, and who is in a position to support and care for his/her • 
children in keeping with the means of the family. The requirement of sixteen • 
(16) year difference between the age of the adopter and the adoptee may be 
waived when the adopter is the biological parent of the adoptee, or is the 
spouse of the adoptee's parent; or
(b) A foreigner who seeks to adopt the legitimate son/daughter of 
his/her Filipino spouse; or
(c) A foreigner who is married to a Filipino citizen and seeks to adopt 
jointly with his/her spouse a relative within the fourth (4th) degree of 
consanguinity or affinity of the Filipino spouse, provided the spouses are 
habitually residing In the Philippines; or
(d) A foreigner possessing the same qualifications as above stated in , 
paragraph (a) for Filipino nationals, who may or may not be married to a - 
Filipino citizen and who wishes to adopt an unrelated child, provided he/she is - 
a permanent resident of the Philippines or has been living in the Philippines 
for at least two (2) continuous years prior to the filing of the application for 
adoption, and maintains such residence until the adoption decree is entered, 
or ■
■(e) The legal guardian with respect to the ward after the termination of 
the guardianship and clearance of his/her financial accountabilities;
(f) The foster parent with respect to his/her foster child; .
(g) 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;


1 
(ii) if one spouse seeks to adopt his/her own iiiegitimate son/daughter;
2 
Provided, however, that the other spouse has signified his/her consent
3 
thereto;
4 
(iii) if the spouses are iegaliy separated from each other.
5 
In case husband and wife jointiy adopt, or one spouse adopts his or her own
6 
iiiegitimate son or daughter, joint parentai authority shail be exercised by the
7 
spouses.
8 
Sec. 8. Who May Be Adopted. -The following may be adopted:
9 
(a) Any Filipino child below eighteen (18) years of age who has been
10 
administratively or judicially declared available for adoption;
11 
(b) The legitimate son/daughter of one spouse by the other spouse;
12 
(c) An Illegitimate son/daughter by a qualified adopter to improve his status
13 
to that of legitimacy;
14 
(d) A Filipino of legal age if, prior to the adoption, said, person has’ been
15 
consistently considered and treated by the adopter(s) as his/her owirl child
16 
since minority;
17 
(e) A foster child;
18 
(f) A child whose adoption has been previously rescinded; or ,,
19 
(g) A child whose biological or adoptive parent(s) has died: Provided, That no
20 
proceedings shall be initiated within six (6) months from the time of death
21 
of said parent(s).
22 
Sec. 9. Whose Consent is Necessary to the Adoption. - After being properly
23 
counseled and Informed of the right to give or withhold approval of the adoption, the
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written consent of the following to the adoption is hereby required:
25 
(a) the adoptee, if ten (10) years of age or over;
26 
(b)the biological parent of the child, if known, or the legal guardian who has
27 
legal custody of the child, except in the case of a Filipino pf legal age if,, prior ‘
28 
to the adoption, said person has been consistently considered and treated by
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the adopter(s) as his/her own child since minority;
30 
(c) the legitimate and adopted sons/daughters, ten (10) years of age or over,
f
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with appropriate comprehension, of the adopter and adoptee, if any; ,


1 
(d)the illegitimate sons/daughters, ten (10) years of age or over, of the adopter
2 
if living with said adopter and the latter's spouse, if any; and
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(e) the spouse, if any, of the person adopting or to be adopted.
4 
Sec. 10. Documentary Requirements. - The Prospective Adoptive Parent(s)
5 
(PAPs) shall attach the following to the Petition for Adoption and shall submit the
6 
same to the adoption resource and referral unit in the regional field office of the
7 
Department:
8 
(a) Home Study and Child Study Report duly prepared pursuant to the provisions
9 
of R.A. No. 8552 as amended by R.A. No. 9523;
10 
(b) Authenticated/security paper copies of birth record of the PAPs and the child;
11 
(c) Authenticated/security paper copies of marriage Certificate, if the PAPs are
12 
married; or Court Decision/Certificate of Finality, if annulled, divorced or
13 
legally separated;
14 
(d) NBI/Police Clearance; If foreigner, clearance from police authorities where he
15 
or she has lived for more than twelve (12) months anytime in the past fifteen
16 
(15) years;
17 
(e) Written consent to the adoption by the biological parent(s) or the person(s)
18 
exercising substitute parental authority over the child and the written consent
19 
of the child if at least ten (10) years old, signed in the presence of the social
20 
worker of the Department or child caring agency, or social worker , if the child
21 
placing agency for cases where the child is from a foster home, after proper
22 
counseling as prescribed in this Act;
23 
(f) Authenticated/security paper copies Death Certificate of biological parent(s),
24 
as applicable;
25 
(g) Original copy of the Certification Declaring a Child Legally Available for
26 
Adoption (CDCLAA), as applicable;
27 
(h) Result of recent medical evaluation of the child and PAPs;
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(i) Mandatory Result of Psychological Evaluation of the PAPs, pursuant to R.A. •
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No. 8552, to ensure additional safety net for the child;.
30 
G) Mandatory Result of Psychological Evaluation of the child, pursuant to R.A.
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No. 8552, for children 5 years old and above; 
• . 
.. •
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(k) Child care plan with list of at least three temporary custodian of the chiid in
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order of preference in case of death, absence or incapacity of the PAPs;
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(I) Letter attesting to the character and general reputation of the PAPs from at
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ieast three (3) non-related character references, of whom one must
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preferably come from an employer/supervisor or with whom the PAP(s) have
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business dealings. The contact detaiis of the person attesting must be so
7 
indicated in the letter;
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(m) Recent close-up and whole body pictures of the chiid and PAPs taken within
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the last six (6) months; and
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(n) Documents showing the financial capacity of the PAPs (i.e. ITR, bank
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account, certificate of employment etc.
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The social worker of the Department, Local Government Unit and Chiid-
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Caring/Placing Agencies is not precluded from asking for additionai documents he
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may deem necessary as proof of facts alleged In the petition or to establish, a factual
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claim, 
le
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ARTICLE IV
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PROCEDURE
19 
Sec. 11. Case Study and Home Study Report. - A iicensed sociai worker from
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the social service office of the local government unit, or any chiid-piacing or chiid-
21 
caring agency or an adoption social worker with at least three (3) years experience
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in handiing adoption cases, as certified by the department shali conduct a case study
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of the adoptee, his/her biological parent(s), as well as the Home Study Report of the
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adopter(s), pursuant to R.A. No. 8552 as amended by R.A. Np. 9523, and shall
25 
submit the report and recommendations on the matter to.the respective Regional
26 
Field Office of the Department as among the supporting documents of the petition.
27 
The case studies and other relevant documents and records pertaining to the
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adoptee and the adoption shall be preserved by the Department.
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Sec. 12. Matching Process. -There shall be a matching process for cases of
30 
legally available children thirty (30) calendar days after the issuance of the CDCLAA
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or the next matching conference, whichever is applicable. The matching of the child
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to an approved prospective adoptive parent/s shali be carried out during the reguiar
IJ.


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matching conference by the Matching Committee in the regionai level otherwise
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cailed the Chiid Welfare Specialist Group (CWSG) where the sociai workers of the
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chiid and the prospective adoptive parents are present. Subject to the.approvai of
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the Department, the CWSG shall fix its own internai ruies and procedures. However,
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the records of children and approved prospective adoptive parent/s not matched
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after two (2) presentations in the regional level shall be forwarded to the
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Department's Central Office for inclusion in the interregional matching presentation;
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Provided further that children with special needs shall be immediately forwarded if
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not matched in the first meeting, except under special circumstances. The matching
. \
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proposal made by the CWSG shall be approved by the Department.
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Cases of stepparent adoption, relative adoption, and adult adoption, shall not
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undergo the matching process, provided that the child and the prospective adoptive
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parent/s have been living in one household for not less than twp (2) years. Instead,
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the Department shall automatically issue the PAPs with Pre-adpption Placement
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Authority (PAPA), as assessed and recommended by the social worker.
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Sec. 13. Issuance of Pre-Adoption Placement Authority. - Once a child .is
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matched to an approved prospective adoptive parent(s) and was subsequently
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accepted, the Department shall authorize the pre-adoption placement of the child to
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the PAPs.
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Sec. 14. Supervised Trial Custody. — After the matching process and issuance
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of Pre-Adoption Placement Authority (PAPA), the Department shall, give the
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adopter(s) trial custody of the adoptee for a period of six (6) months within which
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the parties are expected to adjust psychologically and emotionally to each other and
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establish a bonding relationship. The trial custody shall be monitored monthly by the
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social worker who prepared the home study report arid submit a report regarding
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the placement. 
, 
( 
•
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During said period, temporary parental authority shall be vested in the
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adopter(s). The trial custody may be waived In cases of step-parent, relative and
«
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adult adoptions, as assessed and recommended by the social worker.
30 
Further, for regular cases, the STC may be reduced or lengthened or waived
31 
depending on the assessment and recommendation of the social worker, and the
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express consent of the prospective adoptive parents.


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For independently placed cases, the social worker shall prepare one post-
2 
placement report recommending the qualified adoptive parent(s) to continue
3 
his/her/their parental obligations towards the child or adoptee.
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In case the adoption/placement did not prosper, the social worker must
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provide the necessary services and interventions to ensure that the child is protected
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and his/her needs are adequately responded.
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Sec. 15. Petition for Administrative Adoption. - The thriving parent-child
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relationship during STC period as substantiated by the monthly monitoring report of
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the social worker shall give rise to the filing of a Petition for Adoption.
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The petition for adoption shall be prepared and signed by the petitioner
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prospective adoptive parents. The said petition shall be notarized and state the facts
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necessary to establish the merits of the petition. The petitioner must specifically
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allege that he/she is at least 25 years of age, in possession of full ciyil capacity and
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legal rights; is of good moral character; has not been. convicted of any crime.
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involving moral turpitude; is emotionally and psychologically capable of caring for
16 
children; Is at least sixteen (16) years older than the adoptee, unless the adopter is
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the biological parent of the adoptee or is the spouse of the adoptee's parent; and is
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in a position to support and care for his/her/their children in keeping with the means
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of the family and has undergone pre-adoption services. The petition should also
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indicate the new name the petitioner wishes the child to have, if any.
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The petition for administrative adoption shall be in the form of an affidavit
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and shall be subscribed and sworn to by the petitioner(s) before. any person
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authorized by law to administer affirmations and oaths.
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No subsequent petition for administrative adoption involving th& same PAPs
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shall be entertained unless the prior petition has attained finality. .
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Sec. 16. Where to fiie the Petition. -The petition together with complete and
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original supporting documents shall be filed by the petitioner(s) with the DSWD
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Regional Office of the city or municipality where the PAPs reside.
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Upon receipt by the DSWD Regional Office of the petition and its supporting
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documents, a copy of the petition shall be published once a week for three (3)
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successive weeks in a newspaper of general circulation.
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Sec. 17. Administrative Adoption Process. - The Regional Director shall review
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the petition and its supporting documents. The Identity of the child and the
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petitioner, including the motivation to adopt, shall be personally determined by the
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RD through the documents and interview with the petitioner and the child. The RD
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shall have thirty (30) days to examine the petition and its supporting documents and
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determine whether the same is sufficient in form and substance. After ah extensive
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personal interview with both the child and the petitioner, he or she shall render a
8 
recommendation and forward the petition and its supporting documents within
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seven (7) days from the expiration of the thirty (30) day period. The Secretary shall
10 
act and decide on the recommendation within thirty (30) days from receipt thereof.
11 
If the RD finds that the petition is insufficient in form or substance, the RD
12 
shall return the same to the petitioner with a written explanation of its insufficiency.
13 
Sec. 18. Objection to the Petition. - Any person who has personal knowledge
14 
of any information, which by ordinary diligence could not be discovered, and which
15 
when introduced and admitted, would result in the denial of the Petition and protect
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the child from possible harm or abuse may at any time during the STC or.before the
17 
Issuance of the Order of Adoption, interpose an objection to the petition and file a
18 
complaint supported by evidence to that effect, with the Office of the Secretary of
19 
the Department, through the Office of the Regional Director of the DSWD-Field
20 
Office where the petition was filed. The complaint will be subjected to verification
21 
and further investigation.
22 
Sec. 19. Order of Adoption. - If the supervised trial custody is satisfactory to
23 
the parties and the Department is convinced that, from the trial custody report, the
24 
petition and its supporting documents that the adoption shall redound to the best
25 
interest of the child or prospective adoptee, the Secretary shall issue an Order of
26 
Adoption which is registrable civil registry document stating the name by which the
27 
child shall be known and shall likewise direct the following to perform the actions as
28 
stated:
29 
(1) the adopter to submit a certified true copy of the Order of adoption to the
30 
Civil Registrar where the child was originally registered within thirty (30) days
31 
from receipt of the Order of Adoption.
32 
(2) the Civil Registrar of the place where the adoptee was registered:
14


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(a) to seal the original birth record in the civil registry records which
2 
can be opened only upon order of the Secretary of the Department;.
3 
and
4 
(b) to submit to the Department proof of compliance with all the
5 
foregoing within thirty (30) days from receipt of the Order of Adoption.
6
7 
An administrative adoption order obtained under this Act shall have the same
8 
effect as a decree of adoption issued pursuant to R.A. No. 8552, otherwise known as
9 
the "Domestic Adoption Act of 1998". A Motion for Reconsideration may be filed
10 
within fifteen (15) days from an Order denying the adoption.
11 
Sec. 20. Judicial Recourse. Orders of Adoption may be appealed before the
12 
Court of Appeals within five days after notice to ali the parties.
13 
Sect. 21. Benefits of Prospective Adoptive Parent(s). - The prospective
14 
adopter(s) shall enjoy all the benefits entitled to biological parents, including but not
15 
limited to, maternity and paternity leave, the ability to add the adoptee as health/tax
16 
dependents that can be availed through the Social Security System (SSS),
17 
Department of Labor and Employment (DOLE), Bureau of Internal Revenue (BIR),
18 
Health Maintenance Organization (HMO) providers, among others to which the
19 
biological parent(s) is entitled from the date the adoptee is issued.vyith PAPA.
20 
Sec. 22. Civil Registry Record. - An amended certificate of birth shall be
21 
issued by the Civil Registry, pursuant to the Order of Adoption, attesting to the fact
22 
that the adoptee is the child of the adopter(s) by being registered with his/her
23 
surname. The original birth record shall be stamped "cancelled" with . the annotation
24 
of the issuance of an amended birth certificate in its place and shall be sealed in the
25 
civil registry records. The new birth certificate to be issued to the adoptee shall not
26 
bear any notation that it is an amended issue.
27 
Sec. 23. Database. -The Department shali keep a database shovyirig the date
28 
of issuance of the Order in each case, compliance by the Civil/Municipal Registrar
29 
with the preceding section and all incidents arising after the issuance of the Order of
30 
Adoption. This database shall be governed by the provision directly below, as well as
31 
the provisions of R.A. No. 10173 or the "Date Privacy Act of 2012".
15


1 
Sec. 24. Confidentiality. - All petitions, documents, records, and papers
2 
relating to administrative adoption proceedings in the files of the city or municipal
3 
SWDOs, the DSWD Central and Field Offices, or any other agency or institution
4 
participating in such proceedings shall be kept strictly confidential. If the disclosurer
5 
of certain information to a third person is necessary for security reasons or for
6 
purposes connected with or arising out of the administrative adoption and will be for
7 
the best interest of the adoptee, the Secretary may, upon appropriate request, order
8 
the necessary information released, restricting the purposes for which it may be
9 
used and in accordance with the existing laws on data privacy.
10 
In any event, the disclosure of any information shall only be allowed upon the
11 
Order of the Secretary, based on the written request of the adoptee or in the case of
12 
a minor adoptee, his or her legal guardian or the Adoptive Parent or upon order of
13 
any lawful authority. 
............../;
14 
Any vioiation of the confidential nature of the records above-mentioned shall
15 
be punishable pursuant to the penal provisions of the Act, R.A. No. 10173 or other
16 
relevant laws.
17 
Sec. 25. Fees. -The city or municipal SWDO, DSWD, the Office of the Local
18 
Civil Registrar (LCR), Child Caring/Placing Agencies may charge socialized fees to
19 
those who avail of the administrative adoption proceedings under this Act.
20
21 
ARTICLE V
22 
EFFECTS OF ADOPTION
23 
Sec. 26. Legitimacy. - The adoptee shall be considered the legitimate
24 
son/daughter of the adopter for all intents and purposes and as such is entitled to all
25 
the rights and obligations provided by law to legitimate sons/daughters born to them
26 
without discrimination of any kind. To this end, the adoptee is entitled to love,
27 
guidance and support in keeping with the means of the family. The legal filiation of
28 
the adoptee extends also to the immediate relatives of the adopter, such as the
29 
grandparents. 
'
30 
Sec. 27. Parental Authority. - Except in cases where the biological parent Is
31 
the spouse of the adopter, all legal ties between the biological parents and the-
32 
adoptee shall be severed and the same shall then be vested on the adopter.
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Sec. 28. Succession. - In legal and intestate succession, the adopter and the 
adoptee shall have 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. 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 biologicai family and 
eventually have a face to face meet-up. The right of the adoptee to know his or her
t
identity shall take precedence over any other considerations.
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 adoptiori' 
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
Sec. 31. Grounds for Rescission of Administrative Adoption. - The adoption 
may be rescinded only upon the petition of the adoptee with the Department, 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 counselling;
(b) attempt on the life of the adoptee;
(c) sexual abuse or violence; or
(d) abandonment and failure to comply with parental obligations.
17


1 
Adoption, being in the best interest of the child, shall not be subject to
2 
rescission by the adopter. However, the adopter may disinherit the adoptee for
3 
causes provided in Article 919 of the Civil Code.
4 
Sec. 32. Venue. -The petition shall be filed with the DSWD Field Office where
5 
the adoptee resides.
6 
Sec. 33. Time within which to file petition. - Upon existence of any ground,
7 
the adoptee or the SWDO, must file the petition for rescission or revocation of
8 
adoption.
9 
Sec. 34. Order to Answer. -The Department shall issue an order requiring the
10 
adverse party to answer the petition within fifteen (15) days from receipt of a copy
11 
thereof. The order and copy of the petition shall be served on the adverse party in
12 
such manner as the Department may direct.
13 
Sec. 35. Decision. - If the Department finds that the allegations of the
14 
petition are true, it shall render decision ordering the rescission, of adpiinistrative
15 
adoption, with or without costs, as justice requires.
16 
The Department shall order that the parental authority .of the biological
17 
parent of the adoptee be restored, if known and if in the best interest of the child, if
18 
the adoptee is still a minor or incapacitated and declare that the reciprocal rights
19 
and obligations of the adopter and the adoptee to each other shall be .extinguished.
20 
If the biological parent of the adoptee is not known, or if restoring his or her
21 
parental authority over the adoptee is not to the latter's best interest, the
22 
Department shall take legal custody over him or her.
23 
The Department shall further declare that successional rights shalj revert to
24 
its status prior to adoption, as of the date of decision. Vested rights acquired prior to
25 
administrative rescission shall be respected.
26 
It shall also order the adoptee to use the name stated in his original birth or
27 
foundling certificate.
28 
The Department shall further order the Civil Registrar where the adoption.
29 
order was registered to cancel the new birth certificate of the adoptee and reinstate
30 
his original birth or foundling certificate.
31 
Sec. 36. Service of Decision. - A certified true copy of the decision shall be
32 
served by the petitioner upon the Civil Registrar concerned within thirty (30) days,
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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
Sec. 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 (P200/000.0p) at the discretion of 
the court shall be imposed on any person who shall commit any of the following 
acts:
(i) obtaining consent for an adoption through coercion, undue influence,
fraud, improper material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law
for adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or
exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child 
under the name(s) of a person(s) who is not his/her biological . pare,nt(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 ol;, 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


1 
from one (1) year and one (1) day to two (2) years, and/or a fine of not less than
2 
Five thousand pesos (P5,000.00) but not more than Ten thousand pesos
3 
(PIO,000.00), at the discretion of the court.
4 
A penalty lower by two (2) degrees than that prescribed for the consummated
5 
offense under this Article shall be imposed upon the principals of the attempt to
6 
commit any of the acts herein enumerated. Acts punishable under this Article, when
7 
committed by a syndicate or where it involves a child shall be considered as an
8 
offense constituting child trafficking and shall merit the penalty of reclusion
9 
perpetua.
10 
Acts punishable under this Article are deemed committed by a syndicate if
11 
carried out by a group of three (3) or more persons conspiring and/or confederating
12 
with one another in carrying out any of the unlawful acts defined under this Article.
13 
Penalties as are herein provided, shall be in addition to any other penalties which
14 
may be imposed for the same acts punishable under other lavys,, ordinances,
15 
executive orders, and proclamations.
16 
When the offender is an alien, he/she shall be deported immediately after
17 
service of sentence and perpetually excluded from entry to the country.
18 
Any government official, employee or functionary who shall be found guilty of
19 
violating any of the provisions of this Act, or who shall conspire with private
20 
individuals shall, in addition to the above-prescribed penalties,, be penalized in
21 
accordance with existing civil service laws, rules and regulations: A’rowcfeG', That
22 
upon the filing of a case, either administrative or criminal, said governm.ent official,
23 
employee, or functionary concerned shall automatically be suspended until the
24 
resolution of the case.
25 
Under this Act, adoption discrimination acts, including but not limited to,
26 
labelling, shaming, bullying, negative stigma, among others, are prohibited. Any
27 
person who shall commit said adoption discrimination acts shall be penalized with a
28 
fine not less than Ten thousand pesos (P10,000.00) but not more than Twenty
29 
thousand pesos (P20,000.00), at the discretion of the court.
30 
, . 
'
> • ■<*
31 
ARTICLE IX
32 
FINAL PROVISIONS
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Sec. 38. Information Dissemination. - The Department, in coordination with
2 
the Department of the Interior and Local Government (DILG), the Department of
3 
Education (DepEd), the Department of Justice (DOJ), the Department of Health
4 
(DOH), the Council for the Welfare of Children (CWC), Civil Service Commission
5 
(CSC), Government Social Security System (GSIS), Association of Child-Caring
6 
Agencies in the Philippines (ACCAP), League of Cities and Municipalities in the
7 
Philippines shall disseminate to the public information regarding this Act and its
8 
implementation.
9 
Sec. 39. Implementing Rules and Regulations. - The Secretary, after due
10 
consultation with the Philippine Statistics Authority (PSA), DOJ, DILG, DepEd, DOH,
11 
Department of Labor and Employment (DOLE), National Bureau of Investigation •
12 
(NBI), Association of the Local Civil Registrars (LCR), Inter-Country Adoption Board
13 
(ICAB), Juvenile Justice and Welfare Council (JJWC), National Council on Disability
14 
Affairs (NCDA), Department of Foreign Affairs (DFA), Child's Rights Network,
15 
Philhealth, Social Security System (SSS), Council for the Welfare of Children (CWC)
16 
and Office of the Solicitor General, and two (2) private individuals representing child-
17 
placing and child-caring agencies shall formulate the necessary guidelines to make
18 
the provisions of this Act operative.
19 
Sec. 40. Appropriations. - Such sum as may be necessary. for the
20 
implementation of the provisions of this Act shall be included in the General
21 
Appropriations Act of the year following its enactment into law and thereafter.
22 
Sec. 41. Repealing Clause. - All laws, decrees, letters of instruction., executive
23 
issuances, resolutions, orders or parts thereof which are. inconsistent with the
24 
provisions of this Act are hereby repealed, modified, or amended accordingly.
25 
Sec. 42. Saving Clause. - Nothing in this Act shall, affect, any .right of an
26 
adoptee acquired by judicial proceeding or otherwise before the commencement of
27 
this Act.
28 
Sec. 43. Transitory Clause. All judicial petitions for domestic adoption pending
29 
in court upon the passage of this Act may be withdrawn, and parties to the same
30 
shall be given the option to avail of the benefits of this Act.
21


1 
Sec. 44. Separability Clause. - If any provision or part of this Act is declared
2 
unconstitutional or Invalid, the remaining parts or provisions not affected shall
3 
remain in full force and effect.
4 
Sec. 45. Effectivity. - This Act shall take effect fifteen (15) days after its
5 
publication in the Official Gazette or in a newspaper of general circulation.
Adopted,
22