E~URTEENTH 
CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In the Philippines, there are two laws governing adoption proceedings. These are: 
Republic Act No. 8552 also known as the “Domestic Adoption Act of 1998” and Republic Act 
No. 8043 or the “Inter-Country Adoption Act of 1995.” Because of the already more than 10 
years of experience of the Department of Social Welfare and Development (DSWD), in 
implementing both laws, they are now very familiar with the laws’ advantages and 
disadvantages. To remedy the defects of the law, the DSWD crafled a Priority Legislative 
Agenda covering various issues, including adoption proceedings. 
According to the Priority Legislative Agenda of the DSWD, there is a need to facilitate 
the transfer of an abandoned child to a family-based care which is more responsive to hisher 
developmental needs. They further argued that the placement then of abandoned, neglected and 
children with special needs to adoptive families, whether in the country or a foreign country, 
should be fast tracked. 
This proposed bill will support the establishment of a central adoption office under the 
DSWD which will handle both domestic and inter-country adoption applications. This is 
expected to cut down the adoption process specially the referral procedures every time domestic 
adoption is not possible and inter-country adoption is an option. 


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__ 
FOURTEENTH CONGRESS OF THE REPUBLIC ) 
{ 
',Ti' zu i: (j : 1:; 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
OF THE PHILIPPINES 
MERGING THE DOMESTIC AND INTER-COUNTRY ADOPTION LAWS 
ARTICLE'I 
GENERAL PROVISIONS 
SECTION 1. Short Title. - This Act shall be known as the Philippine Adoption Act of 
2007." 
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 hisker parent(s) and be provided with love, care, 
understanding and security towards the full and harmonious development of hisker 
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, hidher interest 
shall be the paramount consideration in accordance with the tenets set forth in the 
United Nations (UN) Convention on the Rights of the Child; UN Declaration on 
Social and Legal Principles Relating to the Protection and Welfare of Children with 
Special Reference to Foster Placement and Adoption, Nationally and Internationally; 
and the Hague Convention on the Protection of Children and Cooperation in Respect 
of Intercountry Adoption. Toward this end, the State shall provide alternative 
protection and assistance through foster care or adoption for every child who is 
neglected, orphaned, or abandoned. 
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c) It shall also be a State policy to: 
(i) 
Safeguard the biological parent(s) from making humed decisions to relinquish 
hidher parental authority over hidher child; 
Prevent the child from unnecessary separation from hisher biological 
parent(s); 
Protect adoptive parent(s) from attempts to disturb hisher parental authority 
and custody over hisher adopted child. 
(ii) 
(iii) 
d) It is the policy of the State that efforts shall he 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 top ensure that inter-country adoption is allowed when 
the same shall prove beneficial to the child’s interests and shall serve and protect 
hidher hndamental rights. 
e) The State shall establish a system of cooperation with the other States, through their 
respective CentralKompetent Authorities and accredited bodies to prevent the sale, 
trafficking and abduction of children. 
SECTION 3. Definition of Terms. -As used in this Act, the following terms shall mean: 
a) “Abandoned child” - shall refer to one who has no proper parental care or 
guardianship or whose parent(s) has deserted hidher for a period of at least three (3) 
continuous months and has been judicially declared as such; 
h) “Act” - shall refer to this Act. 
c) “A child legally available for adoption” - shall refers to a child who has been 
voluntarily or involuntarily committed to the Department or to a duly licensed and 
accredited child-placing or child-caring agency, freed of the parental authority of 
hisher biological parent(s) or guardian or adopters in case of rescission of adoption; 
d) “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; 
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e) “Agency Adoption” - shall refer to 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 Department of Social Welfare and Development or 
a licensed child-placing agency. 
“Accreditation ofLocal Child Caring Agency/ Child Placing Agency” - shall refer to 
the recognition of a social welfare development program or service that such is 
implemented by a social welfare and development agency in compliance with 
appropriate standards evidenced by a certificate of accreditation issued by the 
Department of Social Welfare and Development 
g) “Applicant” - shall refer to a married couple or a single person who files an 
applicant; 
f) 
h) “Application” - shall refer to the duly accomplished application form, home study 
report including its supporting documents. 
i) “Biological Parents” - shall refer to the child’s mother and father by nature or the 
mother alone if the child is unacknowledged illegitimate child. 
j) “Child” - shall refer to a person below eighteen (1 8) years of age; 
k) “Child-caring agency” - shall refers to a duly licensed and accredited agency by the 
Department that provides twenty four (24) hour residential care services for 
abandoned, orphaned, neglected, or voluntarily committed children; 
1) “Child-placing agency” - shall refers to a duly licensed and accredited agency by the 
Department to provide comprehensive child welfare services including, but not 
limited to, receiving applications for adoption, evaluating the prospective adoptive 
parents, and preparing the adoption home study; 
m) “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 hidher biological family as basis in determining the most desirable placement for 
himher. 
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n) “Child with Special Needs” - shall refer to any child who is difficult to place in view 
of some physical, psychological, and/or social limitations including but not limited to 
being an older child, belonging to a sibling group or those who may be under such 
analogous circumstances; 
0) “Competent Authority” - shall refer to any State entity which performs all or most of 
the functions of Chapter I1 of the Convention; 
p) “Contracting State” - shall refer to any State Party to the Convention; 
q) “Convention” - shall refer to The Hague Convention on Protection of Children and 
Co-operation in Respect of Inter-Country Adoption; 
“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 Department through a person or duly licensed child 
caringlplacing agency or institution. The rights of the biological parents, guardian or 
other custodian to exercise authority over the child shall cease; 
r) 
s) “Deed of Voluntary Commitment” - shall refer to the notarized instrument 
relinquishing parental authority and committing the child to the care and custody of 
the Department 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 Department, after counseling and other services 
have been made available to encourage the child’s biological parent(s) to keep the 
child; 
t) “Department” - shall refers to the Department of Social Welfare and Development; 
u) “Direct/Indirect Placement Adoption” - shall refer to the biological parents make a 
direct placement of the child either to a relative, a member of their family, or a 
friendlnon-relative with whom they relinquish their child. 
v) “Extended Family” - shall refer to a relative of a child both at the paternal and 
maternal side within the fourth degree of consanguinity. 
w) “Foundling” - shall refer to a deserted or abandoned infant or a child found, with 
parents, guardian, or relatives being unknown, or a child committee in an orphanage 
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or charitable or similar institution with unknown facts of birth and parentage and 
registered in the Civil Register as a “foundling”. 
x) “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 Board; 
y) “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. 
z) 
“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. 
aa) “Illegal Adoption” -shall refer to an adoption that is effected in any manner contrary 
to the provisions of Act, these Rules, established Stated policies, Executive 
Agreements and other laws pertaining to adoption; 
bb) “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; 
cc) “Voluntarily committed child” - shall refer to the one whose parent(s), knowingly 
and willingly relinquishes parental authority to the Department; 
dd) “Involuntarily committed child” - shall refer to the one whose parent(s), known or 
unknown, has been permanently and judicially deprived of parental authority due to 
abandonment, substantial, continuous, or repeated neglect, abuse; or incompetence to 
discharge parental responsibilities; 
ee) “Liaison Service” - shall refer to the effective delivery of facilitating social services 
provided by a licensed and accredited Child Caring or Child Placing Agency 
(CCNCPA) to represent a Foreign Adoption Agency (FAA) in the Philippines; 
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fQ “Licensing” - shall refer to the process conducted by DSWD in assessing 
qualification and authorizing a registered social welfare and development (SWD) 
agency to operate as a social work agency. 
gg) “Licensed 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. 
hh)“Matching” - shall refer to the judicious pairing of the applicant and the child to 
promote a mutually satisfying parent-child relationship; 
ii) “Non-Contracting State” - shall refer to any State not party to the Convention which 
the Board has established working relations; 
jj) “Pre-Adoption Services” - shall refer to psycho-social services provided by 
professionally trained social workers of the Department, the social services units of 
local government, 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 Department. 
kk) “Post-Adoption Services” - shall refer to psycho-social services and support services 
provided by professionally trained social workers from offices above-mentioned after 
the issuance of the Decree of Adoption. 
11) “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 Department may 
extend this period in meritorious cases. 
mm) 
nn) “Special Home Finding” - shall refer to the process of recruiting or identifying 
suitable adoptive parents for children with special needs through the Central 
“Secretary” - shall refer to the Secretary of the Department; 
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Authority or a Foreign Adoption Agency of the State if there is no available family in 
the Roster of Approved Families; 
00) “Supervised trial custody” - shall refers 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; 
ARTICLE I1 
ADOPTION BUREAU 
SECTION 4. Adoption Bureau. -There shall be established a Bureau of Adoption 
directly under the supervision of the office of the Secretary. The Bureau shall consist of two (2) 
divisions , local & Inter-country Adoption and will be manned by the Director and the common 
staff support system. 
SECTION 5. Functions. - The functions of the Bureau of Adoption shall include the 
following: 
1. Formulate and develop programs and services that will protect the Filipino child fiom 
abuse, exploitation, trafficking and adoption practice that is harmful, detrimental and 
prejudicial to the best interests of the child; 
2. Set standard 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. 
3. Monitor and assess compliance of all agenciesktakeholders (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. 
4. Conduct national information dissemination and advocacy campaign on adoption. 
5. Keep records of all adoption cases and provide periodic information and reports on 
the performance of the Office; 
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6. Conduct researches on adoption or in related fields to further improve and strengthen 
the Office programs and services and for policy formulation and deveiopment’ 
7. Provide technical assistance and conduct capability building activities to all 
concerned agencies and stakeholders. 
SECTION 6. Punctions of Local and Inter-country Adoption Divisions. - The two 
division shall have common and distinct functions. 
A. Common Functions: 
1. To develop and promote local and inter-country adoption services, including pre and 
post legal adoption services. 
2. To establish and maintain database of children available for local and inter-country 
adoption and prospective adoptive parents. 
3. To keep records of all adoption proceedings 
4. To maintain a national information and educational campaign on domestic and 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 submit periodic accomplishment/performance and recommendation for the 
improvement of the office. 
8. To attend regular/periodic meeting as maybe called by the Director. 
9. Conduct training needs assessment and provide technical assistance to stake holders 
involved on local & Inter-country Adoption. 
B. Distinct functions: 
LOCAL ADOPTION 
1. Monitor the existence, number and flow of children legally available for adoption and 
prospective adopter(s), so as to facilitate their matching. 
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case management. 
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of Standards Bureau). 
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5 .  To organize and assist adoption support group. 
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services. 
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7. Conduct researches in collaboration with CCAsKPAs. 
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B. INTER-COUNTRY ADOPTION 
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To maintain and facilitate communication with the Child Placement Committee for 
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Inter-country and the different government offices, non-governmental agencies, Central 
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Authorities, Foreign Adoption Agencies in proper cases through the Department of 
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Foreign Affairs or the Philippine Foreign Service Post and the general public. 
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5. 
Review and process accreditation and authorization applications and status of agencies 
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6. To manage the operations and implementation of ICA programs, services, procedures, 
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to ICA. 
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and accredited agency. 
2. Maintain regular communications, linkages with CCA, CPA, Court Social Workers 
and LGUs involved on adoption. Provide technical assistance to stakeholders along 
3. Review/assess/recommend accreditation of CCAdCPAs. (Note: Part of the function 
4. Generate resources to help child caring and child placing agencies to ensure viability. 
6. To provide parent and family life education sessions and referral for specialized 
1. Establish and maintain a Roster of Children Available for Inter-country Adoption and 
Approved Applicants to be updated on a monthly basis. 
2. 
Review and process ICA applications, matching proposals, placements, and all 
documents requiring action by the Director. 
3. Implement the guidelines for the manner by which selectionhatching of prospective 
adoptive parents can be made. 
4. 
for action by the Director. 
special projects & events relative to inter-country adoption. 
Promote and ensure enforcement honipliance of law, policies and procedures pertaining 
Monitor, follow-up and facilitate conipletion of adoption of the child through authorized 
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9. 
Coordinate the formulation of policies to enhance the ICA programs and services. 
SECTION 7. Composition of Child Placement Committee. - The Committee shall be 
composed of consultants consisting of the following representations: a child psychiatrist or 
clinical psychologist, a medical doctor, a lawyer, a registered social worker, and a representative 
of a non-governmental organization engaged in child welfare. Provided, that in every matching 
conference, there must be a quorum. 
The Department 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 Department. 
SECTION 8. Functions ofthe 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 Director approval of applications and matching proposals; 
c) Act as consultants to the Director in their aredfield of expertise; 
d) Initiate, review and recommend changes in policies concerning selection, matching 
and placement and other matters related to child welfare. 
e) Perform such other fimctions and duties as may be determined by the Board, 
SECTION 9. Allowances of Committee Members. - A Committee member shall receive a 
per diem each meeting actually attended and remuneration for other functions as may be 
determined by the Department subject to the usual accounting and auditing rules and regulations. 
SECTION 10. Rules and Procedures. - The Committee shall submit, for the approval of 
the Director, its internal rules and procedures and any amendments thereafter. 
SECTION 11. Meetings. The Committee shall meet regularly or upon the call of the 
Director. 
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ARTICLE 111 
PROCEDURE 
A. LOCAL ADOPTION 
SECTION 12. Pre-Adoption Program. - The Department 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 hidher child. No binding commitment to an adoption plan shall be 
permitted before the birth of hidher child. A period of three months shall be allowed 
for the biological parent(s) to reconsider any decision to relinquish hisher child for 
adoption before the decision become irrevocable. Counseling and rehabilitation 
services shall also be offered to the biological parent(s) after he/she has relinquished 
hidher child for adoption. 
Steps shall be taken by the Department 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. 
(h) Prospective Adoptive Parent($ - Counseling sessions, adoption fora and seminars, 
among others shall be provided to prospective adoptive parent(s) to resolve possible 
adoption issues and to prepare hindher 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 hidher age level of maturity. 
It shall be the duty of the Department or the child-placing or child-caring 
agency which has custody of the child to exert all efforts to locate hisiher unknown 
biological parent(s). If such efforts fail the child shall be registered as a founding and 
subsequently be the subject of legal proceedings where he/she shall he declared 
abandoned. 
The Department shall develop a pre-adoption program which shall include, 
among other, the above-mentioned services. 
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In all proceeding for adoption, the court shall require proof that the biological 
parent(s) has been properly counseled to prevent hindher 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 hidher own home will be inimical to hidher welfare and interest. 
SECTION 13. who May Be Adopted. -The following may be adopted: 
(a) Any person below eighteen (18) years of age who has been administratively or 
judicially declared available for adoption; 
(b) The legitimate soddaughter of one spouse by the other spouse; 
(c) An illegitimate som‘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 hidher own child since minority; 
(e) A child whose adoption ha been previously rescinded; or 
(f) A child whose biological or adoptive parent(s) has died: 
Provided, That no 
proceedings shall be initiated within six (6) months from the time of death of said 
parent(s). 
SECTION 14. who Muy Adopt. -The following may adopt: 
(a) Any Filipino citizen of legal age, in possession’s 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 lest 
sixteen (16) years older than the adoptee, who is in a position to support and care for 
hidher 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) Any foreign national possessing the same qualifications as above stated for Filipino 
nationals: Provided, That hidher country has diplomatic relations with the Republic 
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of the Philippines, that he/she has been living in the Philippines at least two (2) 
continuous years prior to the filling of the application for adoption and maintains such 
residence until the adoption decree is entered, that he/she has been certified by 
authorized 
appropriate government agency or Philippine accredited adoption 
agency in hidher country that he/she has the legal capacity to adopt in hidher 
country, and that hisiher government allows the adoptee to enter hidher country as 
his/her adopted soddaughter: Provided, Further, That the requirements on residency 
and certification of the foreign national-'s qualification to adopt in hisher country 
may be waived for the following: 
i. a former Filipino citizen who seeks to adopt a relative within the 
fourth (4'h) degree of consanguinity or affinity; or 
ii. one who seeks to adopt the legitimate soddaughter of hisher Filipino 
spouse: or 
iii. one who is married to a Filipino citizen and seeks to adopt jointly with 
hidher spouse a relative within the fourth (4th) degree of consanguinity 
or affinity of the Filipino spouse: or 
(c) The guardian with respect to the ward after the termination of the guardianship and 
clearance of hidher financial accountabilities. 
Husband and wife shall jointly adopt, except in the following cases: 
(i) if one spouse seeks to adopt the legitimate soddaughter of the other, or 
(ii) 
if one spouse seeks to adopt hisher own illegitimate soddaughter: 
Provide, However, that the other spouse has signified hisiher consent thereto: or 
(iii)if the spouses are legally separated from each other. 
In case husband and wife jointly adopt or one spouse adopts the illegitimate soddaughter 
of the other, joint parental authority shall be exercised by the spouses. 
SECTION 15. Whose Consent is Necessary to the Adoption. - After being properly 
counseled and informed of his/ her right to give or withhold hisiher approval of the adoption, the 
written consent of the following to the adoption is hereby required: 
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(a) The adoptee, if ten (1 0) 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 sonsidaughters, ten (10) of age or over, of the adopters(s) 
and adoptee, if any; 
(d) The illegitimate sonsidaughters, ten (10) years of age or over of the adopter if living 
with said adopter and latter’s spouse, if any; and 
(e) The spouse, if any, of the person adopting or to be adopted. 
SECTION 16. Where to File Application. - A person eligible to adopt under article 111, 
Section 14 of this Act who desires to adopt a child in the Philippines has attended adoption fora 
and seminar, shall file their application for adoption with the Department or with any licensed 
accredited child placing agencyis. 
In cases of relative adoption, shall file their petition for adoption directly to the Regional 
Trial Court with has jurisdiction over their residence. Spouses shall file their application jointly. 
SECTION 17. Case Study. - No petition for adoption shall be set for hearing unless a 
licensed social worker of the Department, 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, hisiher 
biological parent(s) as well as the adopter(s) and has submitted the report and recommendations 
on the matter the court hearing such petition. 
At the time of preparation of the adoptee’s case study, the concerned social worker shall 
confirm with the Civil Registry the real identity and registered name of the adoptee. If the birth 
of the adoptee was not registered with the 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 €act are valid and authentic. Further, the case 
study of the adopter@) shall ascertain hidher genuine intentions and that the adoption is in the 
best interest of the child. 
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The Department shall intervene on behalf of adoptee if it finds, after the conduct of the 
case studies, that the petition should be denied. The case studies and other relevant documents 
and records pertaining to the adoptee and the adoption shall be preserved by the Department, 
SECTION 18. Fees and Charges. - Child Caring Agency and Child Placement Agency 
may charge reasonable fees as determined by the Department to cover expenses in providing 
adoption services. The applicant(s) shall be apprised of the fees at the start. 
SECTION 19. Family SeZection/Matching - The matching of the child to an approved 
adoptive parenth shall be carried out during the regular matching conference by the matching 
Committee otherwise called the Child Placement Committee (CPC) in the regional level where 
the social workers of the child and family are present. 
Subject to the approval of the 
Department, the CPC shall fix its own internal rules and procedures in accordance with the rules 
of Court; provided, however, that records of children and approved adoptive parenth not 
matched within thirty (30) days in the regional level shall be forwarded to the Deparhnent’s 
Central office for inter-country matching; Provided further that the children with Special needs 
shall be immediately forwarded if not matched in the first meeting, except under special 
circumstances. 
The matching proposal made by CPC shall be approved by the Department. 
SECTION 20. Supervised Trial Custody. - No petition for adoption shall be finally 
granted until the adopter(s) has been given by the court a supervised trial custody period for at 
least six (6) months within which the parties are expected to adjust psychologically and 
emotionally 
During said period, 
temporary parental authority shall be vested in the adopter(s). 
to each other and established a bonding relationship. 
The court 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. However, for alien adopter(s), he/she must complete the six (6) month trial custody 
except for those enumerated in Sec. 7 (b) ( i ) (ii ) ( iii ). 
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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 Department, 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). 
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SECTION 21. Decree of Adoption. - If, after the publication of the order of hearing has 
been complied with, and no opposition has been interposed to the petition, and after 
consideration of the case studies, the qualifications of the adopter(s), trial custody report and the 
evidence submitted, the court is convinced that the petitioners are qualified to adopt, and that the 
adoption would redound to the best interest of the adoptee, a decree of adoption shall be entered 
which shall be effective as of the date the original petition was filed. This provision shall also 
apply in case he petitioner(s) dies before the issuance of the decree of adoption to protect the 
interest of the adoptee. The decree shall state the name by which the child is to be known. 
SECTION 22. Civil Registry Act. - 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 hisker 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. 
B. INTER-COUNTRY ADOPTION: 
SECTION 23. Inter-country Adoption as the Last Resort. - The Adoption Bureau 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 Bureau 
shall set up the guideline to ensure that steps will be taken to place the child in the Philippines 
before the child is placed for inter-country adoption: provided, however, that the maximum 
number that may be allowed for foreign adoption shall not exceed six hundred (600) a year for 
the first five ( 5 )  years. 
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SECTION 24. who maybe Adopted. - The following may be adopted; 
a) Any person below eighteen (18) years of age who has been administratively or 
judicially declared available for adoption; Provided that in the case of a child who is 
voluntarily committed, the physical transfer of said child shall be made not earlier 
than three (3) months from the date of execution of the Deed of Voluntarily 
Commitment by the child’s biological parenth or guardian. Provided further, 
however, that this prohibition against physical transfer shall not apply to all children 
being adopted by a relative or children with special medical conditions; 
b) The legitimate soddaughter of one spouse by the other spouse; 
c) An illegitimate soddaughter by a qualified adopter to improve hisher 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@) as hisher own child since minority; 
e) A child whose adoption ha been previously rescinded; or 
f) A child whose biological or adoptive parent(s) has died 
Provided, That no 
proceedings shall be initiated within six (6) months from the time of death of said 
pareut(s) . 
SECTION 25. - Documents of Prospective Adoptive Child. - Only a legally free child 
may be the subject of inter-country adoption. In order that such child may be considered €or 
placement. The following documents must be submitted to the Adoption Bureau: 
a) Child Study 
b) Security Paper (SECPA) Birth certificate/foundling certificate 
c) Certified True Copy of the Decree of Abandonment and Certificate of Finality or 
Notarized Deed of Voluntary Commitment 
d) Medical evaluatiodhistory including 
available, and update medical abstract; 
e) Certified True Copy of the Death Certificate of child’s birthparenth, if applicable. 
f) Psychological evaluation as necessary; and 
that of the child’s biological parent/s, if 
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g) Child’s own written consent to adoption, if he/she is ten (10) years or older witnessed 
by a social worker of the department or Child Caring/Placing Agency and after proper 
counseling, 
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 26 - 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) 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 id 
the parent by nature of the child to be adopted or the spouse of such parent. 
b) Has the capacity to act and assume all rights and responsibilities of parental 
authority under his laws, and has undergone the appropriate counselling from 
an accredited counselor in hisher country. 
c) Has undergone appropriate counseling from an accredited counselor in hidher 
country. 
d) Has not been convicted of a crime involving moral turpitude’ 
e) Is eligible to adopt under hisher 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) Comes from a country 
(i) 
(ii) 
(iii) 
With whom the Philippine has diplomatic relations; 
Whose government maintain a foreign adoption agency; and 
Whose laws allow adoption; and 
h) Files jointly with hisher spouse, if any, who shall have the same qualification 
and none of the disqualification to adopt as prescribed above. 
SECTION 27. Where to File Application. - The application for inter- country shall be 
filed either with the Philippine Regional Trial Court having jurisdiction over the child, or with 
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the Department 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 Department. 
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 applicants 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. 
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 capability 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 applicanth and his immediate family. 
SECTION 28. Fees, Charges and Assessment. - Fees, charges and assessments collected 
by the Department in the exercise of its functions shall be used solely to process applications for 
inter-country adoption and to support the activities of the Department. 
SECTION 29. Family Selection/matching. - No child shall be matched to a foreign 
adoptive family unless it is satisfactorily shown that the child cannot he adopted locally. The 
clearance, as issued by the Department with the copy of the minutes of the meetings shall form 
part of the records of the child to be adopted. When the office is ready to transmit the Placement 
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Authority to the authorized and accredited inter-country adoption agency and all the travel 
documents of the child are ready, the adoptive parents or any one of them shall personally fetch 
the child in the Philippines. 
SECTION 30. 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 passport, visa, medical examination and psychological evaluation 
required, and other related expenses. 
SECTION 31. Supervision of Trial Assessments. - The government agency or the 
authorized and accredited agency in the country of the adoptive parents which 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 decree of adoption be issued in the said country, a copy of which shall be sent to 
the Department to form part of the records of the child. 
During the trial custody, the adopting parent@) shall submit to the governmental agency 
or the authorized and accredited agency, which shall in turn transmit a copy to the Department, a 
progress report of the child’s adjustment. The progress report shall be taken into consideration in 
deciding whether or not to issue the decree of adoption. 
The department of Foreign Affairs shall set-up a system by which Filipino children sent 
abroad for trial custody are monitored and checked as reported by the authorized and accredited 
inter-country adoption agency as well as the repatriation to the Philippines of a Filipino child 
whose adoption has not been approved. 
SECTION 32. Executive Agreements. - The Department of Foreign Affairs, upon 
representation of the Department, shall cause the preparation do Executive agreements with 
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countries of the foreign adoption agencies to ensure the legitimate concurrence of said countries 
in upholding the safeguards provided by this act. 
ARTICLE IV 
EFFECTS OF ADOPTION 
SECTION 33. 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 34. Legitimacy. - The adoptee shall be considered the legitimate soddaughter 
of the adopter(s) for all intents of the 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 35. Succession. - In legal and intestate succession, the adopter(s) and the 
adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. 
However, if the adoptee and hisher biological parent(s) had left a will the law on testamentary 
succession shall govern. 
SECTION 36. Benejb. - The adoptive parents shall, with respect tot he 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 as of the date the child is placed with the 
adoptive parents thru the pre-Adoptive Placement Authority issued by the Department. 
ARTICLE V 
RESCISSION OF ADOPTION 
SECTION 37. Grounds for Rescission of Adoption. - Upon petition of the adoptee, with 
the assistance of the Department if a minor or if over eighteen (18) years of age but it is 
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incapacitated, as guardian/counsel, 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 recession by 
adopter(s). However the adopter(s) may disinherit the adoptee for causes provided in Article 919 
of the Civil Code. 
SECTION 38. Esfects ofthe Rescission. - If he petition is granted, the parental authority 
of the adoptee’s biological parent(s), if known, or the legal custody of the Department 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 court shall order the Civil Registrar to cancel the amended certificate of birth of the 
adoptee and restore hidher original birth certificate. 
Succession rights shall revert to its status prior to adoption, but only as of the date of 
judgement or judicial rescissions. Vested rights acquired prior to judicial rescission shall be 
respected. 
All the foregoing effects of rescissions of adoption shall be without prejudice to the 
penalties imposable under the Penal Code if the criminal acts are properlyproven. 
ARTICLE VI 
CONFIDENTIAL NATURE OF PROCEEDINGS 
SECTION 39. 
Conjidential Nature of Proceedings & Records. - All hearings 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 Department, or any other agency 
or institution participating in the adoption proceedings shall be kept strictly confidential. 
If the court finds the disclosure of the information to a third person is necessary for 
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adoptee, the court 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 Department or the written request of any of the following. 
a) The childadopted person, with appropriate guidance and couselling, or hidher 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 Department 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 VI1 
VIOLATIONS AND PENALTIES 
SECTION 40. Violations and Penalties. - 
a) Any person who shall knowingly participate in the conduct or carrying out of an 
illegal adoption , in violation o i  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, OOO.OO), but not more than two hundred thousand pesos 
(P200,OOO.OO) 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 adapted to danger, abuse or exploitation. 
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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 hisher biological parent(s) shall be guilty of 
simulation of birth, and shall be punished by prison mayor in its medium period and a 
fine not exceeding fifty thousand pesos (P50,OOO.OO). 
Any physician or nurse or hospital personnel who, in violation of hidher 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,OOO.OO) but not more than ten thousand pesos (PlO,OOO.OO) 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 
carried out by a group of three (3) or more persons conspiring andor confederating 
with one another in carrying out any of the unlawful acts defined under this Article. 
Penalties are 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. 
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SECTION 41. Public Officers as Offender. - Any government official, employee or 
hnctionary 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 42. RectiJication 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 hisher own soddaughter. 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 IV of this Act and 
other requirements as determined by the department. 
ARTICLE VI11 
FINAL PROVISSIONS 
SECTION 43. Implementing Rules and Regulation. - Within six (6) months from the 
promulgation of this Act, the Department with the Council for the Welfare of the Children, the 
Office of Civil Registry General, the Department of Justice, Office of the Solicitor General, 
Department of Foreign Affairs after due consultation with agencies involved in child-care and 
placement shall promulgate the necessary rules and regulations to implement the provisions of 
this act within six (6) months after its effectivity. 
SECTION 44. 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. 
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SECTION 45. Repealing Clause - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule, or regulation contrary to, or in consistent 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 46. Sepambdlity Clause - If any provision of this Act is held invalid or 
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. 
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SECTION 47. Effectivity Clause - This Act shall take effect fifteen (15) day following 
its complete publication in any newspaper of general circulation or in the Official Gazzete. 
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Approved. 
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