Atle f

10seP 7013 |
j cai Bie ;
Republic of the Philippines e

HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS.
First Regular Session

House Bill No. 2811

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
CODIFYING THE ALTERNATIVE CHILD CARE LAWS OF THE PHILIPPINES*
EXPLANATORY NOTE

This bill seeks to codify the existing laws on alternative child care, such as the
law on domestic adoption and inter-country adoption, the foster care law, and
guardianship law leading to adoption, to a single deposit of law to be known as "The
Alternative Child Care Code of 2013". Moreover, this bill seeks to establish the
“National Child Care Authority (NCCA)" to implement laws relevant to alternative child
care in the country.

It is the policy of the State to ensure that every child remains under the care and
custody of his/her parent(s) and be provided with love, care, understanding and security
towards the full and harmonious development of his/her personality. Only when such
efforts prove insufficient and no appropriate placement or adoption within the child's
extended family is available, shall adoption by an unrelated person be considered

Moreover, in all matters relating to the care, custody, guardianship and adoption
of a child, his/her interest shall be the paramount consideration in accordance with the
tenets set forth in the United Nations (UN) Convention on the Rights of the Child; UN
Declaration on Social and Legal Principles Relating to the Protection and Welfare of
Children with Special Reference to Foster Placement and Adoption, Nationally and
Internationally, and the Hague Convention on the Protection of Children and

" qhis isa based on abil fled by the Hon, Aquilino Q. Pimentel Je. during the Third Regular Session ofthe 14% Congress,


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,

Meanwhile, the government has to step up its drive to solve the worsening
problem of "unadoptable" and overage children "not fit for adoption" due to the long and
complicated process of domestic and inter-country adoption, This bill seeks to address
this problem by creating a "one-stop-shop" code whereby those who seek to adopt
and/or foster care will be easily facilitated to the best interest of every child available for
adoption and/or foster care.

The establishment of the "National Child Care Authority (NCCA)", implementing
the various alternative child care laws, to be known as "Alternative Child Care Code",
will not only improve and speed up the process of adoption, foster care and
guardianship, but will also increase its fiscal capacity thereby improving its services
offered to the stakeholders.

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

DIOSDADO. PAGAL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BillNo,__ 2811

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
CODIFYING THE ALTERNATIVE CHILD CARE LAWS OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

K 1
GENERAL PROVISIONS

ARTICLE |

SECTION 1. Short Title. -This Act shall be known as the "Alternative Child Care
Code of 2013."

SECTION 2. Declaration of Policies. -

a) It is hereby declared the policy of the State to ensure that every child remains
under the care and custody of his/her parent(s) and be provided with love, care,
understanding and security towards the full and harmonious development of
his/her personality. Only when such efforts prove insufficient and no appropriate
placement or adoption within the child's extended family is available, shall
adoption by an unrelated person be considered.

b) In all matters relating to the care, custody and adoption of a child, his/her
interest shall be the paramount consideration in accordance with the tenets set
forth in the United Nations (UN) Convention on the Rights of the Child; UN
Declaration on Social and Legal Principles Relating to the Protection and Welfare

1


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.

c) The State shall systematize and enhance foster caring in the country
Towards this end, the State shall ensure that foster families promote and
motivate the foster child to relate with his/her biological or adoptive family, as the
case may be, and shall provide the wholesome atmosphere to encourage
bonding. The State shall also protect the rights of the biological child of foster
families and ensure that in no case shall he/she be disadvantaged as a result of
the placement of a foster child

d) It shall also be a State policy to:

(i) Safeguard the biological parent(s) from making hurried decisions to
relinquish his/her parental authority over his/her child;

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

(iil) Protect adoptive parent(s) as well as foster parent(s) from attempts to
disturb his/her parental authority and custody over _ his/her
adopted/fostered child.

€) It is the policy of the State that efforts shall be exerted to place every child who
is legally free for adoption with an adoptive family in the Philippines. The State
shall take measures and safeguards to ensure that inter-country adoption is
allowed when the same shall prove beneficial to the child's interests and shall
serve and protect his/her fundamental rights.

f) The State shall establish a system of cooperation with the other States,
through their respective Central/Competent Authorities and accredited bodies to
prevent the sale, trafficking and abduction of children.

SECTION 3. Definition of Terms. -

a) "Abandoned child" — shalll refer to one who has no proper parental care or
guardianship or whose parent(s) has deserted him/her for a period of at least
three (3) continuous months and has been issued certification by the Department
of Social Welfare and Development (DSWD) and upon the adoption of this act,
by the Authority that such child is abandoned.

b) "A child legally available for adoption" — shall refer to a child who has been
voluntarily or involuntarily committed to the Authority or to a duly licensed and


accredited child-placing or child-caring agency, freed of the parental authority of
his/her biological parent(s) or guardian or adopters in case of rescission of
adoption;

c) "Adoption" — shall refer to a socio-legal process of providing a permanent
family to a child whose parents have voluntarily or involuntarily relinquished
parental authority over the child;

d) "Agency" - shall refer to the licensed and accredited child placement
institutions tasked to implement the foster care program;

e) "Agency Adoption" — shall refer to the mode of adoption wherein a licensed
adoption agency finds and develops adoptive families for children who are
voluntarily or involuntarily committed. The adoptive families go through the
process from application to finalization of the child's adoption under the auspices
of The National Child Care Authority (NCCA) or a licensed/ accredited child-
placing agency;

f) "Accreditation of Local Child Caring Agency Child Placing Agency" — shalll refer
to the recognition by the NCCA that such agency in is compliance with
appropriate standards evidenced by a certificate of accreditation issued by the
Authority;

g) "Application" — shall refer to the duly accomplished application form, home
study report including its supporting documents;

h) "Authority" — shall refer to The National Child Care Authority;

i) "Biological Parents" — shall refer to the child's mother and father by nature or
the mother alone if the child is illegitimate;

j) "Case Study Report" — shall refer to the case study of the minor and all the
prospective guardians made and submitted by the social worker in-charge, to be
‘submitted to the Authority, in view of guardianship leading to adoption;

k) "Child" — shall refer to a person below eighteen (18) years of age or over but is
unable to fully take care of him/herself or protect him/herself from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition;

|) "Child-caring agency" ~ shall refer to a private non-profit or government agency
duly accredited by the Authority that provides twenty four (24) hour residential
care services for abandoned, orphaned, neglected, or voluntarily committed
children;


m) "Child legally available for adoption" — shall refer to a child in whose favor a
certification was issued by the DSWD, and upon the adoption of this act, by the
Authority, that he/she is legally available for adoption after the fact of
abandonment or neglect has been proven through the submission of pertinent
documents;

n) "Child-placing agency" - shall refer to a private non-profit institution or
government agency duly accredited agency by the Authority that receives and
processes applicants to become foster or adoptive parents and facilitate
placement of children eligible for foster care or adoption;

0) "Child Study Report" — shall refer to. a study of a child's legal status,
placement history, psychological, social, spiritual, medical, ethno-cultural
background, and that of his/her biological family as basis in determining the most
desirable placement for him/her,

p) "Child with Special Needs" — shalll refer to any child who is difficult to place in
view of some physical, psychological, and/or social limitations including but not
limited to being an older child, belonging to a sibling group or those who may be
under such analogous circumstances;

q) "Code" — shall refer to the Alternative Child Care Code of 2011;

t) "Competent Authority" — shall refer to any State entity which performs all or
most of the functions under Chapter II of the Convention;

8) "Contracting State" ~ shall refer to any State Party to the Convention;

t) "Convention" — shall refer to The Hague Convention on Protection of Children
and Co-operation in Respect to Inter-Country Adoption;

u) "Certificate of Abandonment" — shall refer to the final written administrative
order declaring a child: to be dependent, abandoned, and neglected and
committing such child to the care of the Authority through a person or duly
licensed child caring/placing agency or institution. The rights of the biological
parents, guardian or other custodian to exercise authority over the child shall
cease upon issuance of the certificate of abandonment;

v) "Deed of Voluntary Commitment" — shall refer to the notarized instrument
relinquishing parental authority and committing the child to the care and custody
of the Authority executed by the child's biological parent(s) or by the child's legal
guardian in their absence, mental incapacity or death, to be signed in the
presence of an authorized representative of the Authority, after counseling and
other services have been made available to encourage the child's biological
parent(s) to keep the child;


w) "Department" - shall refer to the Department of Social Welfare and
Development;

x) "Domestic adoption"- shall refer to the placing of a child within the same
country as the child's birth;

y) "Extended Family" — shall refer to a relative of a child both on the paternal and
maternal side within the fourth degree of consanguinity;

2) "Executive Director” — shall refer to the Executive Director of the National Child
Care Authority;

aa) " Fostercare" — shall refer to provision of planned substitute parental care to a
child by a foster family, licensed by the Authority when his/her biological parents
are unable to care for him/her temporarily or permanently;

bb)'Foster family" — shall refer to a family or person/s, duly licensed by the
Authority, who provide foster care to a child placed with them/him/her for
planned, goal-directed services which will help realize the permanent life plan of
the child. A foster family may either be one of the following:

a. Regular family — shall refer to a foster family, which receives material
provisions from the agency in order to help meet the basic needs of the
child;

b. Volunteer Family — shall refer to a foster family which does not receive
any material provision or incentive from the agency.

co)" Foster Placement Certificate (FPC)" — shall refer to the document issued by
the Authority authorizing foster care;

dd)"Foundling" — shall refer to a deserted or abandoned infant or a child found,
with unknown parents, guardian, or relatives, or a child committed in a child
caring agency or similar institution with unknown facts of birth and parentage and
registered in the Civil Register as a "founding";

ee)'Foreign Adoption Agency" — shall refer to the State Welfare Agency or the
licensed and accredited agency in the country of the foreign adoptive parents
that provides comprehensive social services and is duly recognized by the
Authority;

ff) "Foreign National — shall refer to any person, not a Filipino citizen, who enters
and remains in the Philippines and in possession of a valid passport or travel
documents and visa;


9g)"Guardian" — shall refer to a person in whom the law has entrusted the
custody and control of the person or estate or both of an infant, insane or other
person incapable of managing his own affairs;

hh)"Guardianship" — shall refer to the relationship between the guardian and the
ward;

ii) "Home Study Report” — shall refer to a study of the motivation and capacity of
the prospective adoptive parents to provide a home that meets the needs of a
child or of the prospective foster parents to provide foster care that meets the
needs of a child available for foster care;

ji) "Illegal Adoption" — shall refer to an adoption that is effected in any manner
contrary to the provisions of this Code, these Rules, established Stated policies,
Executive Agreements and other laws pertaining to adoption;

kk) "Inter-country Adoption" ~ shall refer to the socio-legal process of adopting a
child by a foreign national or a Filipino citizen permanently residing abroad where
the petition for adoption is filed, the supervised trial custody is undertaken, and
the decree of adoption is issued in the foreign country where the applicant
resides thereby creating a permanent parent-child relationship between the child
and the adoptive parents;

Il) "Involuntarily committed child" — shalll refer to the one whose parent(s), known
or unknown, has been permanently and judicially deprived of parental authority
due to abandonment, substantial, continuous, or repeated neglect, abuse; or
incompetence to discharge parental responsibilities;

mm) "Licensing" - shalll refer to the process conducted by the National Child
Care Authority in assessing qualification and authorizing a registered social
welfare and development agency to operate as a social work agency;

nn) "Matching" — shalll refer to the judicious pairing of the applicant and the child
to promote a mutually satisfying parent-child relationship;

00)"'Neglected Child" — shall refer to a child whose basic needs have been
deliberately unattended or inadequately attended within a period of three (3)
continuous months. Neglect may occur in two ways:

a. There is physical neglect when the child is malnourished, ill-clad, and
without proper shelter. A child is unattended when left by him/herself
without the proper provisions and/or proper supervision.

b. There is emotional neglect when the child is maltreated, raped,
seduced, exploited, overworked, or made to work under conditions not
conducive to good health; or are made to beg in the streets or public


places; or when children are in moral danger, or exposed to gambling,
prostitution, and other vices.

pp) "Non-Contracting State" — shalll refer to any State not party to the Convention
which the Authority has established working relations;

qq)"Permanency Plan" ~ shall refer to the best plan arrived at by the Social
Worker with the participation of the child, if applicable, and other significant
persons/agencies for the child's best welfare and interest. This shall include
activities for the child, foster family and the biological parents, if available, and
shall have a specific time frame until such time a permanent placement is arrived
at;

tr) "Placement" — shall refer to the physical transfer of the child with the foster
family;

ss) "Pre-Adoption Services" ~ shall refer to psycho-social services provided by
professionally trained social workers of the Authority, the social service units of
local governments, private and government health facilities, Family Courts,
licensed and accredited child-caring and child-placing agency and such other
individuals or entities involved in adoption as may be authorized by the Authority;

tt) "Post-Adoption Services" — shall refer to psycho-social services and support
services provided by professionally trained social workers after the issuance of
the Certificate of Adoption;

uu)"Residence" — shall refer to a person's actual and legal stay in the Philippines
for two (2) continuous years immediately prior to the filing of application for
adoption decree is entered; Provided, that temporary absences for professional,
business or emergency reasons not exceeding sixty (60) day in one (1) year shall
not be considered as breaking the continuity requirement; Provided, further that
the Authority may extend this period in meritorious cases;

wy) "Secretary" — shall refer to the Secretary of the Department;

ww) "Special Home Finding" — shall refer to the process of recruiting or
identifying suitable adoptive parents for children with special needs through the
Central Authority or a Foreign Adoption Agency of the State if there is no
available family in the Roster of Approved Families;

xx) "Social Worker" — shall refer to one who possesses a bachelor of science in
social work degree as a minimum education requirement and must have passed
the government licensure examination for social workers as required by Republic
Act 4373;


yy) "Supervised trial custody" — shall refer to a period of time within which a
social worker oversees the adjustment and emotional readiness of both
adopter(s) and adoptee in stabilizing their filial relationship; and

zz) "Voluntarily committed child" — shall refer to the one whose parent(s) or legal
guardian knowingly and willingly relinquished parental authority to the Authority,
or any duly accredited child-placement or child-caring agency or institution.

ARTICLE II
THE NATIONAL CHILD CARE AUTHORITY

SECTION 4. The NATIONAL CHILD CARE AUTHORITY. — There shall be
established The National Child Care Authority (NCCA) attached to the Office of the
Secretary of the Department of Social Welfare and Development. The Authority shall
consist of two (2) divisions, the Domestic Child Care Division (DCCD), and the Inter-
country Child Care Division (ICCD) and will be manned by the Executive Director and
the common staff support system.

SECTION 5. Composition of the National Child Care Authority and its Divisions. —
The National Child Care Authority (NCCA) shall be composed of two (2) divisions, the
Domestic Child Care Division (DCCD) and the Inter-country Child Care Division (ICCD).
The Authority shall be headed by the Executive Director who shall be appointed by the
President and shall maintain a set of staff support system as necessary,

The Domestic Domestic Child Care Division (DCCD) shall be headed by the
Division Chief appointed by the Executive Director and shall maintain a child placement
committee and a set of other staff support system as may be deemed necessary.
Foster Care and Guardianship leading to adoption shall be among the programs
included in this Division.

The Inter-country Child Care Division (ICCD) shall be headed by the Division
Chief appointed by Executive Director and shall maintain a child placement committee
and a set of other staff support system as may be deemed necessary.

SECTION 6. Functions of the National Child Care Authority. — The functions of
the National Child Care Authority shall include the following:

1) Formulate and develop policies on adoption, foster care, guardianship leading
to adoption and other alternative child care policies such as but not limited to
programs and services that will protect the Filipino child from abuse, exploitation,
trafficking and adoption practice that is harmful, detrimental and prejudicial to the
best interests of the child;


2) Implement adoption, foster care, guardianship leading to adoption policies,
programs and services;

3) Set standards and guidelines on adoption including pre and post legal
adoption services. Accredit and authorize foreign private adoption agencies
which have demonstrated professionalism and have consistently pursued non-
profit objectives to engage in the placement of Filipino children in their own
country;

4) Monitor and assess compliance of all agencies/stakeholders both local and
foreign involved in adoption. Gauge the progress and identify gaps in the
implementation of the law and come up with policy recommendation;

5) Conduct national information dissemination and advocacy campaign on
adoption, foster care and other alternative child care policies;

6) Keep records of all adoption cases, foster care cases and cases of
guardianship leading to adoption and provide periodic information and reports on
the performance of the Office;

7) Conduct researches on adoption, foster care and other alternative child care
policies or in related fields to further improve and strengthen the Office programs
and services and for policy formulation and development;

8) Provide technical assistance and conduct capability building activities to all
concerned agencies and stakeholders:

9) Accreditation of child placing and liaison agencies involved in the process of
adoption and foster care.

SECTION 7. Functions of Domestic Child Care Division and the Inter-country
Child Care Division. -

A. DOMESTIC CHILD CARE DIVISION (DCCD)

1) To develop and promote local adoption services, including pre and post legal
adoption services.

2) To establish and maintain database of children available for local adoption and
prospective adoptive parents.

3) To establish and maintain database of children available for local foster care
and prospective foster parent/s.

4) To keep records of all adoption and foster care proceedings as well as all
guardianship proceedings leading to adoption


5) To maintain a national information and educational campaign on domestic
adoption and foster care.

6) To conduct researches on adoption, foster care and other related fields.

7) To provide secretariat, records keeping and other services to the Child
Placement Committee.

8) To prepare periodic accomplishment/performance and recommendation for
the improvement of the office.

9) Conduct training needs assessment and provide technical assistance to stake
holders involved on domestic adoption and foster care,

10) Monitor the existence, number and flow of children administratively available
for adoption and prospective adopter(s), so as to facilitate their matching

11) Monitor the existence, number and flow of children administratively available
for foster care and prospective foster parent (s), so as to facilitate their matching

12) Maintain regular communications, linkages with Child Caring Agency, Child
Placement Agency, Social Workers and Local Government Unit/s involved on
adoption, foster care and guardianship leading to adoption.

13) Provide technical assistance to stakeholders along case management.

14) Generate resources to help child caring and child placing agencies to ensure
viability and sustainability of operations

15) To organize and assist adoption support group. Provide parent family life
education sessions and referral for specialized services.

16) Conduct researches in collaboration with Child Caring Agencies / Child
Placement Agencies.

B. INTER-COUNTRY CHILD CARE DIVISION (ICCD)

4) To develop and promote inter-country adoption services, including pre and
post legal adoption services.

2) To establish and maintain database of children available for inter-country
adoption and prospective adoptive parents.

3) To keep records of all inter-country adoption proceedings.


4) To maintain a national information and educational campaign on inter-country
adoption

5) To conduct researches on adoption and other related fields.

6) To provide secretariat, records keeping and other services to the Child
Placement Committee.

7) To prepare periodic accomplishment/performance and recommendations for
the improvement of the office.

8) Establish and maintain a Roster of Children available for Inter-country
Adoption and approved Applicants to be updated on a monthly basis.

9) Review and process Inter Country Adoption applications, matching proposals,
placements, and all documents requiring action by the Director.

10) Implement the guidelines for the manner by which selection/matching of
prospective adoptive parents can be made.

11) Maintain and facilitate communication with the Child Placement Committee
for Inter-country and the different government offices, non-governmental
agencies, Central Authorities, Foreign Adoption Agencies in proper cases
through the Department of Foreign Affairs or the Philippine Foreign Service Post
and the general public.

12) Review and process accreditation and authorization applications and status
of agencies for action by the Director.

13) To manage the operations and implementation of Inter-Country Adoption
programs, services, procedures, special projects & events relative to inter-
country adoption.

14) Promote and ensure enforcement /compliance of law, policies and
procedures pertaining to Inter Country Adoption.

15) Monitor, follow-up and facilitate completion of adoption of the child through
authorized and accredited agency.

16) Coordinate the formulation of policies to enhance the Inter-Country Adoption
programs and services.

SECTION 8. Composition of Child Placement Committee. The Child Placement
Committee in both the Domestic Child Care Division and the Inter-country Child Care
Division shall be composed of members consisting of the following representations: a
child psychiatrist or clinical psychologist, a medical doctor, a lawyer, a registered social

ll


worker, and a representative of a nongovernmental organization engaged in alternative
child care. Provided, that in every matching conference, there must be a quorum.

The Executive Director shall appoint qualified persons who shall serve in the
Committee for a term of two (2) years and may be renewed at the discretion of the
Executive Director.

SECTION 9. Functions of the Committee. - The Committee shall have the
following functions:

a) Carry-out an integrated system and network of selection and matching of
applicants and children;

b) Recommend to the Executive Director approval of applications and matching
proposals;

c) Act as consultants to the Executive Director in their area/field of expertise;

d) Initiate, review and recommend changes in policies concerning selection,
matching and placement and other matters related to child welfare; and

e) Perform such other functions and duties as may be determined by the
Authority.

SECTION 10. Allowances of Committee Members. — A Committee member shall
receive a reasonable per diem subject to allowable government practices for each
meeting actually attended, and remuneration for other functions as may be determined
by the Authority subject to the usual accounting and auditing rules and regulations.

SECTION 11. Rules and Procedures of the Committee. —- The Committee shall
submit, for the approval of the Executive Director, its internal rules and procedures and
any amendments thereafter.

SECTION 12, Meetings. - The Committee shall meet regularly or upon the call of
the Executive Director.

SECTION 13. The Adoption Resource and Referral Units (ARRU). ~ There shall
be an Adoption Resource and Referral Unit established in all regional offices of the
Domestic Child Welfare Division (DCWD) who shall act as secretariat to the Child
Placement Committee during conferences in addition to its major functions. It shall be
headed by the Regional Director appointed by the Executive Director and shall a set of
other staff support system as may be deemed necessary.

SECTION 14. Functions of the ARRU. - The ARRU of the respective regions
shall have the following functions:


a) Keeps files on child and home study reports;

b) Keep minutes of the matching conferences;

c) Keeps data profile of children and families ready for the conferences;
d) Follow-up the submission of documents;

€) Follow-up attendance to conference/s; and

f) Such other functions that the Authority may delegate from time to time.

SECTION 15. Allowances of the members of the ARRU. - Members of the
ARRU shall receive a reasonable per diem subject to allowable government practices
for each meeting actually attended and remuneration for other functions as may be
determined by the Authority subject to the usual accounting and auditing rules and
regulations,

SECTION 16. Rules and Procedures of the ARRU. — The ARRU shall submit, for
the approval of the Executive Director, its internal rules and procedures and any
amendments thereafter, There must, however, be a uniform procedure that shall be
observed in all the ARRU offices in all respective regional offices.

SECTION 17. Meetings of the ARRU. — The ARRU shall meet regularly or upon
the call of the Regional Director.

BOOK II
ADOPTION

ARTICLE I
PROCEDURES FOR ADOPTION

A. PROCEDURE FOR DOMESTIC ADOPTION

SECTION 18. Pre-Adoption Program. — The Authority shall provide the services
of licensed social workers to the following

a) Biological Parent(s) — Counseling shall be provided to the parent(s) before and
after birth of his/her child. No binding commitment to an adoption plan shall be
permitted before the birth of his/her child. A period of three (3) months shall be
allowed for the biological parent(s) to reconsider any decision to relinquish
his/her child for adoption before the decision become irrevocable. Counseling
and other appropriate social service interventions and services shall also be


offered to the biological parent(s) after he/she has relinquished his/her child for
adoption

Steps shall be taken by the Authority to ensure that no hurried decisions are
made and all alternatives for the child's future and the implications of each alternative
have been provided.

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

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

It shall be the duty of the Authority or the child-placing or child-caring agency
which has custody of the child to exert all efforts to locate his/her unknown biological
parent(s). If such efforts fail, the child shall be registered as a founding and
subsequently be declared abandoned

The Authority shall develop a pre-adoption program which shall include, among
other, the above-mentioned services.

In all proceeding for adoption, the Authority shall decide on the basis of all the
documents presented to it, including, but not limited to, a proof that the biological
parent(s) has been properly counseled to prevent him/her from making hurried decision
caused by strain or anxiety to give up the child and to sustain that all measures to
‘strengthen the family have been exhausted and that any prolonged stay of the child in
his/her own home will be inimical to his/her welfare and interest. There shall be no
adversarial proceedings in adoption and shall be decided to within thirty (30) days upon
submission of all the complete documents required by the Authority.

SECTION 19. Who May Be Adopted. — The following may be adopted.

a) Any person below eighteen (18) years of age who has been administratively
declared available for adoption;

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

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

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


€) A child whose adoption has been previously rescinded;

f) A child whose biological or adoptive parent(s) has died: Provided, that no
proceedings shall be initiated within six (6) months from the time of death of said
parent(s); or

4g) A child not otherwise disqualified by law.
SECTION 20. Who May Adopt. — The following may adopt:

a) Any Filipino citizen of legal age, in possession of full civil capacity and legal
rights, of good moral character, has not been convicted of any crime involving
moral turpitude which may affect the adopted child's healthy social interactions,
appropriate character development and modeling, emotionally and
psychologically capable of caring for children at least sixteen (16) years older
than the adoptee, who is in a position to support and care for his/her children in
keeping with the means of the family, The requirement of sixteen (16) year
difference between the age of the adopter and the adoptee maybe waived when
the adopter is the biological parent of the adoptee, or is the spouse of the
adoptee's parent;

b) The guardian with respect to the ward after the termination of the guardianship
and clearance of his/her financial accountabilities.

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

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

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

(ili) if the spouses are legally separated from each other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate
son/daughter of the other, joint parental authority shall be exercised by the spouses.

SECTION 21. Whose Consent is Necessary to the Adoption. — After being
properly counseled and informed of his/ her right to give or withhold his/her approval of
the adoption, the written consent of the following to the adoption is hereby required:

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

b) The biological parent(s) of the child, if known, or the legal guardian, or the
proper government instrumentally which has legal custody of the child;


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

d) The illegitimate sons/daughters, ten (10) years of age or over of the adopter if
living with said adopter or over whom the adopter exercises parental authority
and latter's spouse, if any; and

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

SECTION 22. Where to File Application. — A person eligible to adopt under article
Il, Section 20 of this Act who desires to adopt a child in the Philippines and has
attended adoption fora and seminar, shall file their application for adoption with the
Authority or with any licensed accredited child placing agency/s.

SECTION 23. Case Study. - No petition for adoption shall be forwarded to the
Authority unless a licensed social worker of the Authority, the social service office of the
local government unit, or any child-placing or child-caring agency has made a case
study of the adoptee, his/her biological parent(s) as well as the adopter(s) and has
submitted the report and recommendations on the matter to the Authority for the
issuance of the adoption certificate.

At the time of preparation of the adoptee's case study, the concerned social
worker shall confirm with the National Statistics Office (NSO)-Civil Registry the real
identity and registered name of the adoptee. If the birth of the adoptee was not
registered with the National Statistics Office-Civil Registry, it shall be responsibility of
the concerned social worker to ensure that the adoptee is registered

The case study on the adoptee shall establish that he/she is legally available for
the adoption and that the documents to support this fact are valid and authentic.
Further, the case study of the adopters) shall ascertain his/her genuine intentions and
that the adoption is in the best interest of the child

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

SECTION 24. Fees, Charges and Assessments. - The following fees, charges
and costs may be imposed, subject to reasonable rates as determined by the Authority
to cover expenses in providing adoption services. The applicant(s) shall be apprised of
the fees at the start.

a) Adoption Fee/s — accredited child caring and child placing agencies may
charge reasonable feels as determined by the Authority to cover expenses in
providing adoption services. In the determination of feels, paramount
consideration shall be given to the financial capability, especially of middle and
lower income applicants to encourage adoption even for middle and lower

16


income families. Provided further, that government agencies involved in the
process, including the courts, if applicable, shall not charge any fee/s for the
services they rendered in the process

b) Publication Fee/s — the Authority shall determine the cost of the publication of
the petition for adoption for three (3) consecutive weeks in a publication of
general circulation

c) Legal and other court feels, as may be applicable — All legal actions which may
arise from all adoption applications where the child to be adopted is certified as
abandoned, neglected and dependent by the NCWA and considered as ward of
the State, shall be handled by the Authority, the lawyers of the NCCA and other
volunteer lawyers as counsel for petition, All court fees shall be "de-officio,"

SECTION 25. Family Selection/Matching. - The matching of the child to an
approved adoptive parent/s shall be carried out during the regular matching conference
by the matching Committee otherwise called the Domestic Child Care Division Child
Placement Committee (DCCD-CPC) in the regional level where the social workers of
the child and family are present. Subject to the approval of the Authority, the DCCD-
CPC shall fix its own internal rules and procedures in accordance with this Code;
Provided, however, that records of children and approved adoptive parent/s not
matched within thirty (30) days in the regional level shall be forwarded to the Authority's
Central office for inter-country matching, Provided further that the children with Special
needs shall be immediately forwarded within twenty (20) days if not matched in the first
meeting, except under special circumstances. The matching proposal made by the
DCCD-CPC shall be approved by the Authority.

SECTION 26, Supervised Trial Custody. - No petition for adoption shall be
granted until the adopter(s) has undergone a supervised trial custody period for at least
six (6) months within which the parties are expected to adjust psychologically and
emotionally to each other and established a bonding relationship. During said period,
temporary parental authority shall be vested in the adopter(s).

The Authority may motu propio or upon motion of any party reduce the trial
period if it finds the same to be in the best interest of the adoptee, stating the reasons
for the reduction of the period.

If the child is below seven (7) years of age and is placed with prospective
adopter(s) through a pre-adoption placement authority issued by the Authority, the
prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled
from the date the adoptee is placed with the prospective adopter(s).

SECTION 27. Certificate of Adoption. - If, after the submission of the required
documents for adoption by the Domestic Child Care Division, and no opposition has
been interposed to the petition, the Authority is convinced that the petitioners are
qualified to adopt, and that the adoption would redound to the best interest of the

17


adoptee, a certificate of adoption shall be entered which shall be effective as of the date
the original petition was filed. This provision shall also apply in case the petitioner(s)
dies before the issuance of the certificate of adoption to protect the interest of the
adoptee. The cettificate shall state the name by which the child is to be known. The
certificate of adoption shall be issued within thirty (30) days upon the fulfillment of all the
requirements set by the NCCA.

SECTION 28. The Birth Certificate. - An amended Certificate of Birth shall be
issued by the Civil Registry, as required by the Rules of Court, attesting to the fact that
the adoptee is the child of the adopter(s) by being registered with his/her surname. The
original certificate of birth shall be stamped "cancelled" with the annotation of the
issuance of the amended birth certificate in its place and shall be sealed in the civil
registry records. The new birth certificate to be issued to the adoptee shall not bear any
notation that it is an amended issue or that he/she is an orphan, abandoned or
foundling.

B, PROCEDURE FOR INTER-COUNTRY ADOPTION:

SECTION 29. /nter-country Adoption as the Last Resort. — The National Child
Care Authority shall ensure all possibilities for adoption of the child under the Family
Code have been exhausted and that inter-country adoption is in the best interest of the
child. Towards this end, the Authority shall set up the guidelines to ensure that steps
will be taken to place the child in the Philippines before the child is placed for inter-
country adoption.

SECTION 30. Who may be Adopted. - All persons legally free for domestic
adoption may be the subject of inter-country adoption

SECTION 31. Documents of Prospective Adoptive Child. — \n order that such
child may be considered for placement, the following documents must be submitted to
the Inter-Country Child Care Division (ICCD):

a) child study report;

b) Security Paper (SECPA) Birth certificate/foundling certificate;

©) Certified True Copy of the Certification that the child is administratively
available for adoption;

d) Medical evaluation/history including that of the child's biological parent/s, if
available, and updated medical abstract;

e) Certified True Copy of the Death Certificate of child's birthparent/s, if
applicable;

f) Psychological evaluation as may be necessary;


g) Child's own written consent to adoption, if he/she is ten (10 years or older
witnessed by a social worker of the Authority or Child Caring/Placing Agency and
after proper counseling; and

h) Most recent whole body size picture of the child, if applicable. Any physical
impairment of the child should be visible in the picture.

SECTION 32. Who may adopt. — Any foreign national or a Filipino citizen
permanently residing abroad may file an application for inter-country adoption of a
Filipino child if he/she:

a) Comes from a country’
(i) With whom the Philippine has diplomatic relations;
(li) Whose government maintain a foreign adoption agency; and
(iii) Whose laws allow adoption

b) Is at least twenty-seven (27) years of age and at least sixteen (16) years older
than the child to be adopted at the time of application unless the adopter is the
parent by nature of the child to be adopted or the spouse of such parent.

c) Has the capacity to act and assume all rights and responsibilities of parental
authority under his laws, and has undergone the appropriate counseling from an
accredited counselor in his/her country.

d) Has not been convicted of a crime involving moral turpitude.
e) Is eligible to adopt under his/her national law.

f) Is in a position to provide the proper care and support and to give the
necessary moral values and example to all his children, including the child to be
adopted

g) Files jointly with his/her spouse, if any, who shall have the same qualification
and none of the disqualification to adopt as prescribed above.

SECTION 33. Where to File Application. - The application for inter-country
adoption shall be filed with the Inter-Country Child Care Division or directly with the
Authority, through an authorized and accredited agency in the country of the
prospective adoptive parents, which application shall be in accordance with the
requirements as set forth in the implementing rules and regulations to be promulgated
by the Authority.


The application shall be supported by the following documents written and
officially translated in English:

a) Birth certificate of applicant/s and in case of relative adoption, such relevant
documents that establish the relationship between the applicant claiming
relationship to the child to be adopted;

b) Marriage contract, and in the proper case, Decree of Divorce of a previous
marriage;

c) Written consent in a form of sworn statement by the biological or adopted
children who are ten (10) years of age or over whom the prospective adopter
exercises parental authority;

d) Physical and medical evaluation by a duly licensed physician;
e) Psychological evaluation by a psychologist;

f) Latest income tax return or other documents showing the financial capacity of
the applicant/s;

g) Clearances issued by the Police department or other proper government
agency of the place where the applicant/s reside;

h) Character references from the local/church minister, the applicant's employer
and a member of the immediate community who have known the applicant/s for
at least five (5) years; and

i) Recent post card size pictures of the applicant/s, the immediate family
members and their home.

SECTION 34. Foes, Charges and Assessment. - The NCCA through the Inter-
Country Child Care Division (ICCD) may charge reasonable fees to cover expenses in
providing adoption services. The applicant(s) shall be apprised of the fees at the start

Fees, charges and assessments collected. by the Authority in the exercise of its
functions shall be used solely to process applications for inter-country adoption and to
support the activities of the Authority,

SECTION 35. Family Selection/matching. - No child shall be matched to a
foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted
locally. The clearance, as issued by Domestic Child Care Division (DCCD) with the
copy of the minutes of the meetings shall form part of the records of the child to be
adopted. .

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When the Placement Authority has been transmitted and duly received by the
authorized and accredited inter-country adoption agency of the prospective adopter and
all the travel documents of the child are ready, the adoptive parents or anyone of them
shall personally fetch the child in the Philippines.

SECTION 36. Pre-adoptive Placement Costs. — The applicant(s) shall bear the
following costs incidental to the placement of the child:

a) The cost bringing the child from the Philippines to the residence of the
applicant(s) abroad, including all travel expenses within the Philippines and
abroad; and

b) The cost of the child's passport, visa, medical examination and psychological
evaluation if required, and other related expenses

SECTION 37. Supervision of Trial Assessments. — The government agency or
the authorized and accredited agency in the country of the adoptive parents who filed
the application for inter-country adoption shall be responsible for the trial custody and
the care of the child. It shall also provide family counseling and other related cases.
The trial custody shall be a period of six (6) months from the time of placement. Only
after the lapse of the period of trial custody shall a certificate/decree of adoption be
issued in the said country, a copy of which shall be sent to the Authority to form part of
the records of the child.

During the trial custody, the adopting parent(s) shall submit to the governmental
agency or the authorized and accredited agency, which shall in turn transmit a copy to
the Authority, to the Philippine Consulate office where the child has been placed for trial
custody, a progress report of the child's adjustment. The progress report shall be taken
into consideration in deciding whether or not to issue the consent to adoption.

The Department of Foreign Affairs, through the Philippine Embassy or Consular
Office, shall monitor Filipino children sent abroad for trial custody and shall closely
coordinate with the NCCA to ensure the repatriation to the Philippines of a Filipino child
whose adoption has not been approved.

SECTION 38. Executive Agreements. — The Department of Foreign Affairs, upon
representation of the Authority, shall cause the preparation of Executive agreements
with countries of the foreign adoption agencies to ensure the legitimate concurrence of
said countries in upholding the safeguards provided by this Act

SECTION 39. Certificate of Adoption. - If, after the submission of the required
documents for adoption by the Inter-country Child Care Division and no opposition has
been interposed to the petition, the Authority is convinced that the petitioners are
qualified to adopt, and that the adoption would redound to the best interest of the
adoptee, a certificate of adoption shall be entered which shall be effective as of the date
the original petition was filed. This provision shall also apply in case he petitioner(s)

21


dies before the issuance of the decree of adoption to protect the interest of the adoptee.
The certificate shall state the name by which the child is to be known. The certificate of
adoption shall be issued within thirty (30) days upon the fulfillment of all the
requirements set by the NCCA.

SECTION 40. Post Adoption Services. — There shall be a Post Adoption Services
which refers to the psycho-social and support services to be provided to the biological
parent/s, if still living, by the social worker of the Authority after the adoption has been
legally completed.

ARTICLE Il
EFFECTS OF ADOPTION

SECTION 41. Parental Authority, — Except in cases where the biological parent is
the spouse of the adopter, all legal ties between the biological parent(s) and the
adoptee shall be severed and the same shall then be vested on the adopter(s).

SECTION 42. Legitimacy. - The adoptee shall be considered the legitimate
son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all
the rights and obligations provided by the law to legitimate sons/daughters born to them
without discrimination of any kind. To this end, the adoptee is entitled to love, guidance,
and support in keeping with the means of the family.

SECTION 43. Succession. — In legal and intestate succession, the adopter(s)
and the adoptee shall have reciprocal rights of succession without distinction from
legitimate filiations. However, if the adoptee and his/her biological parent(s) had left a
will the law on testamentary succession shall govern. In cases of inter-country
adoption, the national law of the adoptive parents shall apply, as far as beneficial to the
adopted child.

SECTION 44. Benefits. - The adoptive parents shall, with respect to the adopted
child, enjoy all the benefits to which the biological parents are entitled. Maternity and
paternity benefits and other benefits given to the biological parents upon the birth of a
child shall be enjoyed if the adoptee is below seven (7) years of age upon the issuance
of the Pre-Adoptive Placement Authority issued by the Authority.

In case of inter-country adoption, the pertinent laws as to benefits given to
adoptive parents by their respective States shall govern

22


ARTICLE III
RESCISSION OF ADOPTION

SECTION 45. Grounds for Rescission of Adoption. - Upon petition of the
adoptee, with the assistance of the Authority, if minor or if over eighteen (18) years of
age but is incapacitated, the adoption may be rescinded on any of the following grounds
committed by the adopter(s);

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

b) attempt on the life of the adoptee;
c) sexual assault or violence, or
d) abandonment and failure to comply with parental obligations.

Adoption being in the best interest of the child shall not be subject to rescission
by adopter(s). However the adopter(s) may disinherit the adoptee for causes provided
in Article 919 of the Civil Code, in cases of Domestic adoption. However, in cases of
inter-country adoption, the national law of the adopter shall govern. The petition shall
be filed with the Authority

SECTION 46. Effects of the Rescission. — If the petition for rescission of adoption
is granted, the parental authority of the adoptee's biological parent(s), if known, or the
legal custody of the Authority shall be restored if the adoptee is still a minor or
incapacitated. The reciprocal right and obligations of the adopter(s) and the adoptee to
each other shall be extinguished.

The Authority shall order the Civil Registrar to cancel the amended certificate of
birth of the adoptee and restore his/her original birth certificate.

Succession rights shall revert to its status prior to adoption, but only as of the
date of the approval of the petition for rescission of adoption. Vested rights acquired
prior to rescission shall be respected

All the foregoing effects of rescissions of adoption shall be without prejudice to

the penalties imposable under the Revised Penal Code if the criminal acts are properly
proven.

23


ARTICLE IV
CONFIDENTIAL NATURE OF PROCEEDINGS

SECTION 47. Confidential Nature of Proceedings & Records. — All proceedings
in adoption cases shall be confidential and shall not be open to the public. All records,
books and papers relating to the adoption cases in the files of the court, the Authority, or
any other agency or institution participating in the adoption proceedings shall be kept
strictly confidential

If the Authority finds the disclosure of the information to a third person is
necessary for purposes connected with or arising out of the adoption and will be for the
best interest of the adoptee, the Authority may merit the necessary information to be
released, restricting the purposes for which it may be used

No copy thereof as well as any information relating hereto shall be released
without written authority from the Authority or the written request of any of the following:

a) The child/adopted person, with appropriate guidance and counseling, or
his/her duly authorized representative, spouse, parent or parents, direct
descendants, or guardian or legal institution legally in charge of the adopted
person, if minor.

b) The court or proper public official whenever necessary in an administrative,
judicial or other official proceeding to determine the identity of the parent or
parents or of the circumstances surrounding the birth of the child/adopted
person; or

c) The nearest kin, in case of death of the child/adopted person
The Authority shall ensure that information held by them concerning the origin of

the child/adopted person, in particular the identity of his/her biological parents, is
preserved.

ARTICLE V
VIOLATIONS AND PENALTIES RELATING TO ADOPTION

SECTION 48. Violations and Penalties. -
a) Any person who shall knowingly participate in the conduct or carrying out of an
illegal adoption, in violation of the provisions of this Act, shall be punished with a

penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12)
years and/or a fine not less than Fifty Thousand pesos (P50,000.00), but not

24


more than Two Hundred Thousand pesos (P200,000.00) at the discretion of the
court shall be imposed on any person who shall commit any of the following acts:

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

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

3) subjecting or imposing the child to be adopted to danger, abuse or
exploitation.

b) Any person who shall cause the fictitious registration of the birth of the child
under the name(s) of a person(s) who is not his/her biological parent(s) shall be
guilty of simulation of birth, and shall be punished by prison mayor in its medium
period and a fine not exceeding Fifty Thousand pesos (P50,000.00)

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

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

A penalty lower by two (2) degrees than that prescribed for the
consummated offense under this Article shall be imposed upon the principals of
the attempt to commit any of the acts herein enumerate.

Act punishable under this Article, when committed by a syndicate or where
it involves two (2) or more children shall be considered as an offense constituting
child trafficking and shall merit the penalty of reclusion perpetua

Act punishable under this Article are deemed committed by a syndicate if
cartied out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any of the unlawful acts defined
under this Article. Penalties herein provided, shall be in addition to any other
penalties which may be imposed for the same acts punishable under other laws,
ordinances, executive orders, and proclamations,

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


SECTION 49. Public Officers as Offender. - Any government official, employee
or functionary who shall be found guilty of violating any provisions of this Act, or who
shall conspire with private individual shall, in addition to the above prescribed penalties,
be penalized in accordance with existing civil service laws, rules and regulations.
Provided, that upon the filing of a case either administrative or criminal, said
government official, employee, or functionary concerned shall automatically suffer
suspension until the resolution of the case.

SECTION 50. Rectification of Simulated Births. — A person who has, prior to the
effectivity of this Act, simulated the birth of a child shall not be punished for such act;
Provided that the simulation of the birth was made for the best interest of the child and
that he/she has been consistently considered and treated by that person as his/her own
son/daughter. Provided, further that the application for correction of the birth
registration and petition for adoption shall be filed within five (5) years from the
effectivity of this Act and completed thereafter. Provided, finally, That such person
complies with the procedure as specified in Article Il of this Act and other requirements
as determined by the Authority.

The local social welfare office and the barangays within its coverage shall
conduct a massive campaign: against simulation of birth, sale and trafficking of children
A survey and list of simulated births in every barangay shall be submitted to the local
ARRU for assessment and filing of legal; adoption under the provisions of this Code.

BOOK III
FOSTER CARE

ARTICLE |
FOSTER CARE AS PROGRAM OF NCCA-DCCD

SECTION 51, Foster Care as Mandatory and Permanent Program of NCCA. ~
The National Child Care Authority-Domestic Child Care Division shall endeavor to
maintain and improve foster care services as mandatory and permanent program of the
Authority. This program shall be under the auspices of the Domestic Child Care
Division headed by the Division Chief.

SECTION 52. Foster Care Committees. - The Regional Foster Care committee
maybe convened by the DCCD as necessary whenever there are difficulties in the
foster placements. The Committee shall be composed of multi-disciplinary team of
professionals responsible for resolving the difficulties in a foster placement.

SECTION 53. Advocacy Campaign. — National Government Agencies (NGAs),
National Government Organizations (NGOs), Peoples Organizations (PO), Faith Based

26


Organizations, and civil society shall reach out to communities to recruit applicants for
foster care.

SECTION 54. Recruitment and Development of Foster Parents. ~ National
Government Agencies (NGAs), National Government Organizations (NGOs), Local
Government Units (LGUs), and Peoples Organizations (PO) shall develop foster
parents who shall provide foster care to children.

SECTION 55. Issuance of License. - The NCCA shall issue a foster license to
parents who were approved as foster parents by the DCCD based on the home study
report. submitted by the agency to determine the motivations, capacities and potentials

for development of applicants. The license is valid for three (3) years unless otherwise
revoked by the NCCA.

ARTICLE Il
PROCEDURES FOR FOSTER CARE

SECTION 56. Who may be fostered, - The following may benefit from foster
care:

a) A Child as defined in Article |, Section 3 of this Act;
b) A child who is either abandoned, neglected or orphaned;

c) A child in need of special protection due to any of the following conditions and
circumstances:

i. When his/her parents /guardians are in crisis which render him/her
temporarily or permanently incapable of adequately providing care for
him/her;

ii, When his/her parents/guardians are known to be inflicting physical or
sexual abuse;

iii, When he/she is a victim of commercial sexual exploitation;
iv. When he/she has emotional and psychological difficulties;

v. When helshe is affected with Human Immunodeficiency Virus (HIV) /
Acquired Immune Deficiency Syndrome (AIDS);

vi. When the child has committed a minor offense and released on

recognizance or on custody supervision but whose family or relatives are
not capable or providing him/her adequate/appropriate care.

27


d) A child matched for adoption

SECTION 57. Who May Foster. — The kins or relatives of the foster child, if
willing and available, become the priority prospective foster family. All applicants,
including the kins or relatives of the foster child, must meet all the following
qualifications:

a) Shall be at least 25 years of age and shall have a genuine interest in parenting
a related or non-related child;

b) May either be married, widowed, separated or single. Provided, that single
applicants must be able to provide a family atmosphere for the child;

c) Must have a healthy and harmonious relationship with each family member,

d) Must have a good moral character, emotional maturity; be physically fit and
financially able to provide for the family's needs;

e) Must be willing to be trained to hone their knowledge, attitude and skills in
caring for children;

f) Alien applicants must have at least one (1) year residency in the Philippines
and possess all the qualifications stated above.

SECTION 58. Matching. - This shall be done by the agency only after the child
case study report, home study report and other required documents have been
completed.

SECTION 59. Placement. - The physical transfer of a child to a licensed foster
parent shall take effect only after the issuance of a Foster Placement Certificate except
in emergency situations.

SECTION 60. Supervision of Foster Placement. — Supervised foster placement
begins as soon as the foster family receives the child into their care.

During the foster placement, the social worker shall conduct regular home visits
to monitor the child's adjustment in the foster home and the current capability of the
foster family and shall report to the Division Chief of the Domestic Child Care Division
(OCCD).

SECTION 61. Reporting. - In case of injury or death of the child, or if the child
Tuns away or gets lost, such case shall be reported immediately to the Agency, which, in
turn, shall report the same to the nearest DCCD field office. The agency shall submit an
incidental report together with the medical and death certificate, as the case may be, to
the nearest DCCD field office.

28


SECTION 62. Termination of Placement. — Termination of Placement shall be
done by the Agency, upon the recommendation of the social worker, on any of the
following grounds:

a) Reunion of the child with his/her biological family; adoption; referral to another
foster family or residential institution/facility; and death of the child.

b) After the reunion of the child with his/her biological family, adoption or referral
to another foster family or residential institution/facility, the social worker shall be
available to ensure the child's reintegration and adjustment to his/her
biologicaladoptive/foster family; and

¢) The biological/adoptive/foster family shall be provided with counseling to
enable them to understand and cope with the child's adjustment problem to
his/her environment.

SECTION 63. Adoption of a Foster Child. - A foster family may adopt
their/his/her foster child. The foster family must have all the qualifications as provided
for in Chapter 1 of this Act, for domestic adoption or inter-country adoption, as the case
may be. However, foster care shall not be used as a venue to select a child to be
adopted.

ARTICLE III
FOSTER CARE SUPPORT SERVICES

SECTION 64. Health Insurance. — A foster child shall be entitled to health
insurance benefits subject to the guidelines to be used by the Authority and
PHILHEALTH.

SECTION 65. Special Discounts. ~ To the extent possible, the government may
grant special discounts to foster parents on the purchase of basic commodities for the
exclusive use of the foster child subject to the guidelines to be issued for the purpose by
the Department of Trade and Industry (DT!) and the Department of Agriculture (DA).

SECTION 66. Foster Child Subsidy. — A foster child, through the agency, shall be
entitled to a. monthly subsidy from the government (NCCA and/or LGU), subject to
existing government standards and auditing rules and regulations to include incidental
expenses. The subsidy is primarily aimed to support the expenses of the child to lessen
the financial burden of the foster family. This also is an incentive to families to continue
caring for children.

29


SECTION 67. Foster Family Incentives. — A foster family, through the agency,
shall be entitled to a monthly incentive from the government (NCCA and/or LGUs),
subject to existing government standards and auditing rules and regulations.

SECTION 68. Support Care Services. — The NCCA and the social service unit of
the LGU or agency shall provide support care services to include, but not limited to,
counseling and other psycho-social services, visits, training on child care and
development, respite care, skills training and livelihood assistance, as the case may be.

SECTION 69. Support to Biological: Parents. - Counseling shall be provided to
parents to help them understand foster care and prepare them for eventual reunification
with the child. Training on child-caring and child-protection skills shall be provided to
biological parents to improve their knowledge, attitude and skills in parenting.

SECTION 70. Tax Incentives for Foster Parents. - Foster parents shall be
entitled to the following tax incentives:

a) Personal Exemption. For purposes of determining the taxable income of
licensed volunteer foster parent who is either unmarried, widow/widower of
legally separated, a foster child shall be treated as a dependent by the said foster
parent, that would qualify himvher as "head of the family" entitled to the
P50,000.00 personal exemption under the provisions of Section 35{A) of the
National Internal Revenue Code of 1997 as amended by Republic Act 9504;

b) Additional Exemption for Dependents. For purposes of claiming the
P25,000.00 additional exemption of foster parent/s for each dependent not
exceeding four (4), the definition of the term "dependent" under Section 35(8) of
the NIRC of 1997 as amended by Republic Act 9504, shall be amended to
include "foster child", provided however, that all the other conditions provided for
under the aforesaid section of the Tax Code are complied with. Provided,
further, that this additional exemption shall be allowed only if the period of foster
care is at least a continuous period of one taxable year.

ARTICLE IV
VIOLATIONS AND PENALTIES IN RELATION TO FOSTER CARE

SECTION 71. Penalties. - Any person/s caring for a child, whether licensed or
without a license as foster family, found to be committing acts of neglect, abuse, cruelty
or exploitation and other conditions prejudicial to the child's development or has under
his/her custody two or more children without any legal basis or without being licensed to
act as a foster family shall be penalized in accordance with Republic Act No. 7610,
otherwise known as An Act Providing for Stronger Deterrence and Special Protection
Against Child Abuse, Exploitation and Discrimination, providing for its Violation, and for
Other Purposes.


Any agency found to be violating any provision of Chapter II of this Act shall
suffer the following penalties

1) For the first violation, a fine of not less than Five Thousand Pesos (P5,000.00)
but not exceeding Ten Thousand Pesos (P10,000.00); and

2) For any subsequent violation, a fine of not less than Twenty Thousand pesos
(P20,000.00) but not exceeding One Hundred Thousand Pesos (P100,000.00)
and the revocation of the license of the agency concerned.

BOOK IV
GUARDIANSHIP LEADING TO ADOPTION

ARTICLE I
GUARDIANSHIP AS ALTERNATIVE CHILD CARE

SECTION 72. Guardianship as Alternative Child Care. — While nothing in this Act
amends the judicial nature of guardianship proceedings, the provisions on this Act will
only apply after: termination of guardianship as when the guardian/s endeavors and
expressed his/her/their intention to the adoption of the ward

All relevant provisions on adoption, whether, inter-country or domestic adoption,
as the case may be, shall govern .in cases of guardian/s intending to adopt his/her/their
ward.

SECTION 73. Petition for the adoption of the Ward. - After the termination of
guardianship, the guardian/s may opt to adopt his/her/their ward by filing a petition for
adoption pursuant to Book II of this Act. All the qualifications prescribed in Book I! of
this Act shall be met with, as well as all the requirements for adoption must be complied
with.

The Authority may motu propio or upon motion of any party reduce the trial

period if it finds the same to be in the best interest of the adoptee, stating the reasons
for the reduction of the period.

FINAL PROVISIONS

SECTION 74. Implementing Rules and Regulations. — Within six (6) months from
the promulgation of this Act, the Authority, with the Council for the Welfare of the
Children, the Office of Civil Registry General, the Department of Justice, Office of the

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Solicitor General, Department of Foreign Affairs after due consultation with agencies
involved in child-care and placement shall promulgate the necessary rules and
regulations to implement the provisions of this act within six (6) months after its
effectivity

SECTION 75. Appropriations. - Such sum as may be necessary for the
implementation of the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and thereafter.

SECTION 76. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation contrary to,
or in consistent with the provisions of this Act is hereby repealed, modified, or amended
accordingly.

SECTION 77. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and
subsisting,

SECTION 78. Effectivity Clause. - This Act shall take effect fifteen (15) day

following its complete publication in any newspaper of general circulation or in the
Official Gazette.

Approved,

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