Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5581

House Bill No.

Introduced by:
Representative Yedda Marie K. Romualdez
And
Representative Ferdinand Martin G. Romualdez

AN ACT
CODIFYING THE ALTERNATIVE CHILD CARE LAWS
AND PROVIDING FUNDS THEREFOR

EXPLANATORY NOTE

The Philippine government in line with its commitment in accordance with the
international code should take strides in the alleviation of the laws involved in the
protection and welfare of the most vulnerable and impressionable members of our
society—the abandoned and neglected Filipino children.

According to the United Nations' Children's Right and Emergency Relief
Organization, 1.8 million children in the Philippines, comprising of more than 1% of its
entire population, are "abandoned or neglected".! These children are either victims of
extreme poverty, natural disasters, or armed conflicts; or unfortunately, do not have
parents who are willing and able to take care of them. They are usually placed under
institutional care through state-run or accredited residential care facilities while others
end up on the streets.

There are not enough institutions to attend to the needs of abandoned and
neglected Filipino children, not to mention the fact that these institutions cannot give
the warmth and affection that a family could provide.

* United Nations’ Children's Rights & Emergency Relief Organization, as cited in Kaiman, J. and de Leon, S. (2016, May
18). The Philippines has 1.8 million abandoned children. Here's what keeps many from adoption. Los Angeles Times.
Retrieved from www latimes.com,


This measure, which is based on the substitute bill from the technical working
group headed by Rep. Vilma Santos-Recto in the 17" Congress, seeks to address this
by codifying laws, and simplifying the processes involved in providing these children
a second chance at having the family care and love they deserve. Out-of-home care
such as that provided by residential facilities shall be the last resort.

This likewise establishes a one-stop agency to improve and expedite the
process of adoption, foster care, and other modes of alternative child care.

Lastly, the bill makes adoption administrative in nature to effectively streamline
adoption procedures and make formal adoption accessible.

In view of the foregoing, the swift passage of this bill is earnestly sought.

Rep. YEDDA MARIE K. ROMUALDEZ
Representative, Tifgog Sinirangan

DIN. RTIN G. ROMUALDEZ
Representative, First District of Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5581

Introduced by:
Representative Yedda Marie K. Romualdez
And
Representative Ferdinand Martin G. Romualdez

AN ACT
CODIFYING THE ALTERNATIVE CHILD CARE LAWS
AND PROVIDING FUNDS THEREFOR

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

Congress assembled:
BOOK!

GENERAL PROVISIONS
ARTICLE!

SECTION 1. Short Title. - This Act shall be known as the “Alternative Child
Care Code of the Philippines”.

SEC. 2. Declaration of Policies. - The State shall defend the right of children
to survival and development including assistance to proper care, health, nutrition,
early learning and special protection from all forms of neglect, abuse, cruelty,
exploitation or other conditions prejudicial to their well-being. It shall provide every
child who is neglected, abused, surrendered, dependent, abandoned, under
sociocultural difficulties, with an alternative family that will provide love and care as
well as opportunities for growth and development.


The best interest of the child shall be the paramount consideration in the
enactment of alternative care, custody and adoption policies. It shall be in accordance
with the tenets set forth in all the rights of the child enumerated under Article 3 of
Presidential Decree No. 603, otherwise known as the “ Child And Youth Welfare
Code’, United Nations Convention on the Rights of the Child (UNCRC); United
Nations Guidelines on Alternative Care of Children, United Nations Declaration on
Social and Legal Principles Relating to the Protection and Welfare of Children with
Special Reference to Foster Placement and Adoption, Nationally and Internationally,
and the Hague Convention on the Protection of Children and Cooperation in Respect
of Inter-country Adoption.

Toward this end, the State shall ensure that a child without parental care or at
risk of losing it are provided with alternative care options such as foster care, kinship
care, kafalah, guardianship or residential care including family-like care. As such, the
state shall establish alternative care standards to ensure the quality and conditions
that are conducive to the child's development.

The State shall establish a system of cooperation with the other States, through
their respective central or competent authorities and accredited bodies to prevent the
sale, trafficking and abduction of children and to protect Filipino children abandoned
overseas who are made vulnerable by their irregular status.

SEC. 3. Definition of Terms. —As used in this Act:

(a) Abandoned child refers 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 judicially declared as such;

(b) Abandoned Filipino Child in a Foreign Country refers to a child who is found
outside the Philippine territory, unregistered or undocumented, with known or
unknown facts of birth and separated from or deserted by the biological Filipino parent
committed to a foreign orphanage or charitable institution or in temporary informal
care;

(c) Accreditation of local child caring agency or refers to the recognition by
the NACC that such agency is in compliance with its appropriate standards
evidenced by a certificate of accreditation it issued;

(d) Adoption refers to a process whereby a person assumes the parenting of
another, usually a child, from that person's biological or legal parent or parents, and,
in so doing, permanently transfers all rights and responsibilities, along with filiation,

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from the biological parent or parents. It shall cease to be part of alternative child care
and becomes parental care as soon as the process is complete;

(e) Alternative Child Care refers to the provision of planned substitute parental
care to a child who is orphaned, abandoned, neglected, or surrendered, by a child
caring or child-placing agency. Alternative child care may be provided in the following

ways:

(1) Foster Care refers to the provision of planned temporary substitute
parental care to a child by a foster parent;

(2) Guardianship refers to the relationship between the guardian and the
ward;

(8) Kafalah refers to the Islamic provision of alternative care without
altering the child's original kinship status so as not to sever the link between the
adopted child and his biological parents. The new family takes care of the child as an
act of personal charity, or for compensation, depending on the circumstances of the
case;

(4) Kinship care refers to family-based care within the child's extended
family or with close friends of the family known to the child; or

(6) Residential care refers to care provided in any non-family base group
setting, such as places of safety for emergency care, transit centers in emergency
situations, and all other short and long-term residential care facilities, including
orphanages and group homes; It includes family-like care which is alternative
individualized care provided under conditions that resemble a ‘family-like’
environment where surrogate parents serve as caregivers for children with long-term.
alternative care needs;

(f) Application refers to the duly accomplished application form by prospective
parents, home study report including its supporting documents;

(g) Authorized and accredited agency refers to the State welfare agency or a
licensed adoption agency in the country of the adopting parents which provide
comprehensive social services and which is duly recognized by the National Authority
for Child Care (NACC);

(h) Biological parents refer to the child's mother and father by nature or the
mother alone if the child is illegitimate;


(i) Certificate of abandonment refers to the final written administrative order
declaring a child to be dependent, abandoned, and neglected and committing such
child to the care of the NACC 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;

(j) Child refers to a person below eighteen (18) years of age, or one who is
over eighteen (18) but is unable to fully take care of or protect oneself from abuse,
neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition;

(k) Child-caring agency is a duly licensed and accredited agency by the NACC
that provides twenty four (24)-hour residential care services for abandoned,
orphaned, neglected, or voluntarily committed children;

(I) Child Case Study Report refers to a written report prepared by a social
worker containing all the necessary information about a child;

(m) Child legally available for adoption refers to a child who has been
voluntarily or involuntarily committed to the NACC 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 adopter(s) in case of rescission of adoption;

(n) Child-placing agency is a duly licensed and accredited agency by the
NACC 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;

(0) Child with Special Needs refers to a child with developmental or physical
disability;

(p) Certificate declaring a child legally available for adoption refers to the final
written administrative order declaring a child to be dependent, abandoned, and
neglected and committing such child to the care of NACC 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 declaring a child legally available for adoption;

(q) Convention refers to the Hague Convention on Protection of Children and
Co-operation in Respect to Inter-Country Adoption;


(f) Deed of voluntary commitment refers to the notarized instrument
relinquishing parental authority and committing the child to the care and custody of
the NACC executed by the child's biological parents 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 NACC, after counselling and other services have
been made available to encourage the child’s biological parents to keep the child;

(s) Domestic adoption refers to the placing of a child within the same country
as the child's birth;

(t) Extended family refers to a relative of a child, both on the paternal and
maternal side; within the fourth degree of consanguinity;

(u) Family refers to the parents or brothers and sisters, whether of the full or
half-blood, of the child;

(v) Foreign adoption agency refers 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 NACC after validation
with the concerned Department of Foreign Affairs (DFA) foreign service post;

(w) Foreign national refers 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;

(x) Foster Child refers to a child placed under foster care;

(y) Foster family refers to a family or person/s, alternative child caring homes
and residences and qualified alternative child custodian or foster parent, duly licensed
by the NACC, who provide foster care to a child placed 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:

(1) Regular family refers to a foster family, which receives material
provisions from the agency in order to help meet the basic needs of the child; or

(2) Volunteer family refers to a foster family which does not receive any
material provision or incentive from the agency.

(z) Foster Parent refers to a person, duly licensed by the Department of Social
Welfare and Development (DSWD), to provide foster care;


(aa) Foster Placement Authority (FPA) refers to the document issued by the
NACC authorizing the placement of a particular child with the foster parent;

(bb) Foundling refers 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 Registrar as a “founding”;

(cc) Guardian refers to a person with 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;

(dd) Home study report refers to a study conducted by a licensed social worker
relative to 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;

(ee) Illegal adoption refers to an adoption that is effected in any manner
contrary to the provisions of this Code, these rules, established state policies,
executive agreements and other laws pertaining to adoption;

(ff) inter-country adoption refers to the socio-legal process of adopting a child
by a foreign national or a Filipino citizen. Inter-country adoption refers to the socio-
legal process of adopting a child by a foreign national or a Filipino citizen habitually
aresident outside Philippine territory which complies with the principles stated in the
Hague Convention of 1993;

(gg) Matching refers to the judicious pairing of a child with a foster parent and
family members based on the capacity and commitment of the foster parent to meet
the individual needs of the particular child and the capacity of the child to benefit from
the placement;

(hh) Neglected child refers 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:

(1) Physical neglect when the child is malnourished, ill-clad, and without
proper shelter. A child is unattended when left without the proper provisions and/or
proper supervision; or

(2) Emotional neglect - when the child is maltreated, raped, seduced,
exploited, overworked, or made to work under conditions not conducive to good
8


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.

(ii) Parentrefers to the biological or adoptive parent or legal guardian of a child;

(ji) Permanency plan refers to the best plan arrived at by the social worker with
the participation of the child and other significant persons/agencies for the child's best
welfare and interest. This shall include activities for the child and the biological
parents, if available, and shall have a specific time frame until such time a permanent
placement is arrived at;

(kk) Placement refers to the physical entrustment of the child with the foster
parent;

(I!) Post-adoption services refers to psycho-social services and support
services provided by professionally trained social workers after the issuance of the
Certificate of Adoption;

(mm) Relatives refer to the relatives of a child, other than family members,
within the fourth degree of consanguinity or affinity;

(nn) Residence refers 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) days to one (1) year shall not be
considered as breaking the continuity requirement; Provided further, That the NACC.
may extend this period in meritorious cases;

(00) Social worker’ refers to a practitioner who by accepted academic training
and social work professional experience possesses the skill to achieve the objectives
as defined and set by the social work profession, through the use of the basic
methods and techniques of social work (case work, group work, and community
organization) which are designed to enable individuals, groups and communities to
meet their needs and to solve the problems of adjustment to a hanging pattern of
society and, through coordinated action, to improve economic and social conditions,
and is connected with an organized social work agency which is supported partially
or wholly from government or community solicited funds.

(pp) Supervised trial custody 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. ; and


(aq) Voluntarily committed child refers to the one whose parent(s) or legal
guardian knowingly and willingly relinquished parental authority to the NACC, or any
duly accredited child-placement or child-caring agency.

SEC. 4. Guiding Principles of Alternative Child Care. - Alternative Child Care
(ACC) shall be guided by the following

1. The family being the fundamental group of society and the natural
environment for the growth, well-being and protection of children, efforts should
primarily be directed to enable the child to remain in or return to the care of his/her
parents, or when appropriate, other close family members;

2. The State should ensure that families have access to forms of support in the
caregiving role. Every child and young person should live in a supportive, protective
and caring environment that promotes his/her full potential. Children with inadequate
or no parental care are at special risk of being denied such a nurturing environment;

3. Where the child’s own family is unable, even with appropriate support, to
provide adequate care for the child, or abandons or relinquishes the child, the State
is responsible for protecting the rights of the child and ensuring appropriate alternative
care, with or through competent local authorities and duly authorized civil society
organizations;

4, It is the role of the State, through its competent authorities, to ensure the
supervision of the safety, well-being and development of any child placed in
alternative care and the regular review of the appropriateness of the care
arrangement provided;

5. All decisions, initiatives and approaches falling within the scope of the
Present Guidelines should be made on a case-by-case basis, with a view, notably, to
ensuring the child's safety and security, and must be grounded in the best interests
and rights of the child concerned, in conformity with the principle of non-discrimination
and taking due account of the gender perspective;

6. The Principle of Subsidiary requires that all efforts shall be exerted to ensure
that local solutions should be first found before a child is placed for inter-country
adoption;

7. Adoptive parents as well as foster parents must be protected from attempts
to disturb their parental authority and custody over their adopted or fostered child;

10


8. All decisions concerning alternative care should take full account of the
desirability, in principle, of maintaining, as much as possible, closeness to the child's
habitual place of residence, in order to facilitate contact and potential reintegration
with the family and to minimize disruption of educational, cultural, and social life;

9. Decisions regarding children in alternative care, should have due regard for
the importance of ensuring children a family-based care, group foster care and of
meeting their basic need for safe and long-term relationship to their caregivers, with
permanency generally being a key goal;

10. Children must be treated with dignity and respect at all times and must
benefit from effective protection from abuse, neglect, and all forms of exploitation,
whether on the part of care providers, peers or third parties, in whatever care setting
they may find themselves;

11. Siblings, with existing bonds, should in principle not be separated from
placements in alternative care unless there is a clear risk of abuse or other
justification in the best interest of the child. In any case, every effort should be made
to enable siblings to grow together, maintain contact with each other unless this is
against their wishes or interests;

12. All entities and individuals engaged in the provision of alternative child care
which received due authorization to do so from competent authority are subject to
regular monitoring and review. Authorities should develop appropriate criteria for
assessing the professional and ethical fitness of care providers and for their
accreditation, monitoring and supervision;

13. Provisions of alternative child care should never be undertaken with a
prime purpose of furthering the political, religious, or economic goals of the providers;
and

14, Such other principles in accordance with the UN Convention on the Rights
of the Child.
ARTICLE It
NATIONAL AUTHORITY FOR CHILD CARE
SEC. 5. National Authority for Child Care (NACC) - To create a one stop shop
on alternative child care, the Inter Country Adoption Board (ICAB) is hereby

reorganized to become the National Authority for Child Care (NACC), attached to the
11


Department of Social Welfare and Development (DSWD). All functions of the ICAB,
the DSWD, and those of other government agencies relating to alternative child care
are hereby transferred to the NACC. The Department of Budget and Management, in
coordination with the ICAB and the DSWD, shall formulate a cohesive organizational
structure with corresponding plantilla positions responsive to fulfill the functions and
divisions of the NACC as stipulated under Sections 6 and 7 of this Act,

SEC. 6. Functions of the NACC. - The functions of the NACC shall include the
following:

(a) 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;

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

(c) 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;

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

(e) Conduct national information dissemination and advocacy campaign on
alternative child care;

(f) 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:

(g) Conduct researches on alternative child care policies or in related fields to
further improve and strengthen the office programs and services and for policy
formulation and development;

(h) Provide technical assistance and conduct capability building activities to all
concerned agencies and stakeholders; and

12


(i) Accreditation of child placing and liaison agencies involved in the process of
adoption and foster care

SEC. 7. Composition of the NACC. - The NACC shall be composed of a Board
of Council and a Secretariat.

There shall be a Board of Council to address child welfare policies which shail
constantly adjust to ongoing studies on alternative child-care. It shall be composed of
permanent and alternative members from the concerned national government
agencies, different child-care and placement agencies, adoptive agencies as well as
non governmental organizations engaged in child-care and placement activities.

The Secretariat shall be headed by an Executive Director, assisted by a Deputy
Director.

The NACC shall have the following divisions and units:
A. Operations Division
1. Child Eligibility Unit — for the issuance of CDCLAA
2. Residential Care unit
3. Foster Care Unit
4. Domestic Adoption Unit
5. Inter-Country Adoption Unit
6. Child Placement Records Unit
B. Planning Division
1. Planning and Development Unit
2. Information and Social Marketing Management Unit
3. Capacity Building Unit
C. Legal Division
D. Internal Audit Division
E. General Administration and Support Services Division
1. Human Resource Management Unit

2. General Services Unit
3. Procurement and Supply Services Unit

23


F. Financial Management Services Division

1. Accounting Unit
2. Budget Unit
3. Cashier Unit

There shall also be Regional Alternative Child Care Officer/s for each region of
the country.

The Department of Budget and Management (DBM) in coordination with the
Inter-country Adoption Board (ICAB) and DSWD shall create the plantilla positions
necessary for the performance of NACC’s functions.

BOOK II
ADOPTION
ARTICLE|
PROCEDURES FOR ADOPTION

A. PROCEDURE FOR DOMESTIC ADOPTION
PRE-ADOPTION SERVICES.

SEC. 8. Pre-Adoption Program. - The NACC shall provide the services of
licensed social workers to the following

(a) Biological Parent(s) - Counselling shall be provided to the parent(s) before
and after the birth of the child. No binding commitment to an adoption plan shall be
permitted before the birth of the child. A period of three (3) months shall be allowed
for the biological parent(s) to reconsider any decision to relinquish a child for adoption
before the decision becomes irrevocable. Counselling and other appropriate social
service interventions and services shall also be offered to the biological parent(s) after
the child has been relinquished for adoption.

Steps shall be taken by the NACC 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;

14


(b) Prospective Adoptive Parents - Counselling sessions, adoption fora and
seminars, among others shall be provided to prospective adoptive parents to resolve
possible adoption issues and to prepare them for effective parenting; and

(c) Prospective Adoptee — Counselling sessions shall be provided to ensure
that the child understands the nature and effects of adoption and is able to express
views on adoption in accordance with the child's age level of maturity.

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

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

In all proceedings for adoption, the NACC shall decide on the basis of all the
documents presented to it, including, but not limited to, a proof that the biological
parents have been properly counselled to prevent them from making hurried decision
caused by stress 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
at home will be inimical to the welfare and interest of the child. 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 NACC.

SEC. 9. Who May Be Adopted. - The following may be adopted:

(a) Any child who has been administratively declared available for adoption;
(b) The legitimate child of one spouse by the other spouse;

(c) An illegitimate child by a qualified adopter to improve status of legitimacy;

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

(e) 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

15


(g) A child not otherwise disqualified by law.
SEC. 10. 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 modelling, 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 adopted 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 financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:
(1) If one spouse seeks to adopt the legitimate child of the other;

(2) If one spouse seeks to adopt own illegitimate child: Provided, That the
other spouse has signified-consent thereto;

(8) If the spouses are legally separated from each other; or

(c) Filipinos such as officers and staff of various Philippine government
agencies working abroad and Overseas Filipino Workers (OFW).

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

SEC. 11. Whose Consent is Necessary to the Adoption. — After being properly
counselled and informed of the right to give or withhold approval of the adoption, the
written consents of the following to the adoption are hereby required:

(a) The adoptee;

(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;

16


(c) The legitimate and adopted children, ten (10) years of age or over, of the
adopters if any;

(d) The illegitimate children, 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

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

SEC. 12. Where to File Application. — A person eligible to adopt under Article
|, Section 15 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
NACC or with any licensed accredited child placing agency.

SEC. 13. Case Study. — No petition for adoption shall be forwarded to the
NACC unless a licensed social worker of the NACC, 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, the biological parents as well as the adopters, and has submitted
the report and recommendations on the matter to the NACC 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 Philippine Statistics Authority (PSA) the real identity and
registered name of the adoptee. If the birth of the adoptee was not registered with the
PSA, it shall be the responsibility of the concerned social worker to ensure that the
adoptee is registered.

The case study on the adoptee shall establish that said child adoptee is legally
available for adoption and that the documents to support this fact are valid and
authentic.

Further, the case study of the adopters shall ascertain their 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 NACC

SEC. 14. Fees, Charges and Assessments. - The following fees, charges and
costs may be imposed, subject to reasonable rates as determined by the NACC to
cover expenses in providing adoption services. The applicants shall be apprised of
the fees at the start, to wit:

17


(a) Adoption Fees — accredited child caring and child placing agencies may
charge reasonable fees as determined by the NACC to cover expenses in providing
adoption services. In the determination of fees, paramount consideration shall be
given to the financial capability, especially of middle and lower income applicants to
encourage adoption even for middle and lower income families. Provided, That
government agencies involved in the process, including the courts, if applicable, shall
not charge any fees for the services they rendered in the process;

(b) Publication Fees — the NACC shall determine the cost of the publication of
the petition for adoption for three (3) consecutive weeks in one (1) national newspaper
of general circulation; and

(c) Legal and other court fees, 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 NACC and considered as ward of the
State, shall be handled by the NACC or their lawyers and other volunteer lawyers as
counsel for petition. All court fees shall be “de officio.”

SEC. 15. Family Selection/Matching. - The matching of the child to approved
adoptive parent/s shall be carried out during the regular matching conference by the
Matching Committee in the regional level where the social workers of the child and
family are present. Subject to the approval of the NACC, the NACC shall fix its own
internal rules and procedures in accordance with this Code; Provided, That records of
children and approved adoptive parents not matched within thirty (0) days in the
regional level shall be forwarded to the NACC 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 shall be approved by the NACC to be
final.

SEC. 16. Supervised Trial Custody. — No petition for adoption shall be granted
unless the adopters 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 adopters.

The NACC may motu proprio or upon motion of any party reduce the trial period

to at least four (4) months fit finds the same to be in the best interest of the adoptee,
stating the reasons for the reduction of the period.

18


The prospective adopters shall assume all the responsibilities, rights and duties
to which biological parents are entitled from the date the adoptee is placed with the
prospective adopters.

SEC. 17. Certificate of Adoption. — If, after the submission of the required
documents for adoption and no opposition has been interposed to the petition, the
NACC 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 the petitioners die before the issuance of the
certificate of adoption to protect the interest of the adoptee. The certificate shall state
the name by which the child is to be known. The certificate of adoption shall be issued
within thirty (30) days upon the fulfillment of all the requirements set by the NACC.

SEC. 18. The Birth Certificate. - An amended certificate of birth shall be issued
by the Philippine Statistics Authority (PSA), as required by the Rules of Court, attesting
to the fact that the adoptee is the child of the adopters by being registered with
adopters’ 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 the child is an
orphan, abandoned or foundling.

B. PROCEDURE FOR INTER-COUNTRY ADOPTION

SEC. 19. Who may be Adopted. - All persons legally free for domestic
adoption may be the subject of inter-country adoption

SEC. 20. Documents of Prospective Adoptive Child. - In order that such child
may be considered for placement, the following documents must be submitted to the
NACC:

(a) Child study report;

(b) Birth certificate/foundling certificate issued by the PSA;

(c) Certified true copy of the certification that the child is administratively
available for adoption;

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

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(©) Certified true copy of the death certificate of the child's birthparentls, if
applicable;

(f) Psychological evaluation as may be necessary; and

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

SEC. 21. Who may Adopt. — Foreign nationals or Filipino citizens permanently
residing abroad may file application for inter-country adoption of a Filipino child if they:

(a) Come from a country:

(i) With whom the Philippine has diplomatic relations;

(ii) Whose government have clear guidelines on inter-country adoption and
maintains a foreign adoption agency;

(iii) Whose laws allow such adoption; and

(iv) Whose laws allow adopted children to acquire the citizenship of their
adoptive parents.

(b) 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) Have the capacity to act and assume all rights and responsibilities of
parental authority under national laws, and has undergone the appropriate counselling
from an accredited counsellor in their countries;

(d) Have not been convicted of a crime involving moral turpitude;
(€) Are eligible to adopt under their national laws;

(f) Are 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; and

(g) Possesses a faith that is similar with that of the child's or as expressly
indicated by the child’s biological parents.

SEC. 22. Where to File Application. - The application for inter-country adoption
shall be filed with the Central Authority or accredited agency of the receiving country
where the applicants are habitual residents. Said application shall be in accordance

20


with the requirements as set forth in the implementing rules and regulations (IRR) to
be promulgated by the NACC.

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

SEC. 23. Fees, Charges and Assessment. - The NACC may charge
reasonable fees to cover expenses in providing adoption services. The applicants
shall be apprised of the fees from the start.

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

SEC. 24. 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 the NACC with the copy of the minutes of the
meetings shall form part of the records of the child to be adopted.

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

SEC. 25. Pre-adoptive Placement Costs. —- The applicants 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
applicants 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.

SEC. 26. Supervision of Trial Custody Assessments. - The government
agency or the authorized and accredited body shall submit to the NACC for the trial
custody and the care of the child. It shall also provide family counselling and other
related cases. The trial custody shall be for a period of six (6) to eight (8) months from
the time of placement. Only after the lapse of the period of trial custody shall a Hague
Article 17 certificate be issued.

During the trial custody, the Central Authority or accredited agency, which shall
in turn transmit a copy to the NACC a progress report of the child's adjustment. The
a


progress report shall be taken into consideration in deciding whether or not to issue
the consent to adoption.

The NACC, the Central Authority or its accredited body and the Philippine
Embassy or Consular Office, shall monitor Filipino children sent abroad for trial
custody.

SEC. 27. Agreements on Inter-Country Adoption. - The Philippines may enter
into bilateral treaties or executive agreements on the matter of Inter-Country Adoption
Procedure. The NACC, in coordination with the Department of Justice (DOJ) and the
DFA, upon representation of the NACC, 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.
Thereafter, the NACC shall ensure that international bodies involved in inter-country
adoption, such as the permanent Bureau of the Hague Convention on Inter-Country
Adoption, are informed of the contact details of the authorities in the Philippines,
including the DFA and Philippine Missions abroad, which have roles in the process of
inter-country adoption.

SEC. 28. Certificate of Adoption. - If, after the submission of the required
documents for adoption by the NACC and no opposition has been interposed to the
petition, the NACC 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 the petitioner dies before the issuance of the
decree of adoption to protect the interest of the adoptee. After due coordination with
the PSA, the NACC shall state in the certificate 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 NACC.

SEC. 29. Post Adoption Services. - There shall be Post Adoption Services in
the form of psycho-social and support services to the child if, by the social worker of
the NACC after the adoption has been legally completed.

ARTICLE Il
EFFECTS OF ADOPTION

SEC. 30. Parental Authority. - Upon issuance of the decree of adoption,
adoption shall cease as alternative care and becomes parental care. Adoptive parents
shall now have full parental authority over the child. Except in cases where the
biological parent is the spouse of the adopter, all legal ties between the biological

22


parents and the adoptee shall be severed and the same shall then be vested on the
adopters.

SEC. 31. Legitimacy. - The adoptee shall be considered the legitimate child of
the adopters for all intents and purposes and as such is entitled to all the rights and
obligations provided by the law to legitimate children born to them without
discrimination of any kind. To this end, the adoptee is entitled to love, guidance and
support in keeping with what the family can afford.

SEC. 32. Succession. — In legal and intestate succession, the adopters and the
adoptee shall have reciprocal rights of succession without distinction from legitimate
filiations. However, if the adoptees and their biological parents have 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 it is beneficial to the adopted
child.

SEC. 33. 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 NACC.

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

ARTICLE Ill
RESCISSION OF ADOPTION
SEC. 34. Grounds for Rescission of Adoption. - Upon petition of the adoptee,
and with the assistance of the NACC, if adoptee is a child, 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 counselling;

(b) Attempt on the life of the adoptee;
(c) Sexual assault or violence; or
(d) Abandonment and failure to comply with parental obligations.

23


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

SEC. 35. Effects of Rescission. — If the petition for rescission of adoption is
granted, the parental authority of the adoptee's biological parents, if known, or the
legal custody of the NACC shall be restored if the adoptee is still a child. The reciprocal
right and obligations of the adopters and the adoptee to each other shall be
extinguished.

The NACC shall order the Civil Registrar General to cancel the amended birth
certificate-and restore the original birth certificate of the adoptee.

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.

ARTICLE IV
CONFIDENTIAL NATURE OF PROCEEDINGS

SEC. 36. 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 NACC, or
any other agency or institution participating in the adoption proceedings shall be kept
Strictly confidential.

If the NACC 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 NACC 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 NACC or the written request of any of the following:

24


(a) The adopted child, with appropriate guidance and counselling, or a 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 adopted child; or

(c) The nearest kin, in case of death of the adopted child.

The NACC shall ensure that information held by them concerning the origin of
the adopted child, in particular the identity of his/her biological parents, is preserved.

SEC. 37. Rectification of Simulated Births. - A person who has, prior to the
effectivity of this Act, simulated the birth of a child shall not be penalized for such act,
Provided, That the simulation of the birth was made for the best interest of the child
and that child has been consistently considered and treated as the adopter’s own
child. Provided, further, That the application for correction of the birth registration and
petition for adoption shall be filed within ten (10) years from the effectivity of this Act
and completed thereafter. Provided, finally, That such person complies with the
procedure as specified in Article |, Book II of this Act and other requirements as
determined by the NACC.

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 NACC for assessment and filing of legal; adoption under the provisions of
this Act.

BOOK III
Fi CARE
ARTICLE I
FOSTER CARE AS PROGRAM OF NACC
SEC. 38. Foster Care as Mandatory and Permanent Program of NACC. - The
NACC shall systematize and enhance foster caring in the country. It shall ensure that
foster families promote and motivate the foster children to relate with their biological
or adoptive family, as the case may be, and shall provide the wholesome atmosphere

to encourage bonding. The rights of biological children of foster families shall be
25


protected and in no case shall they be disadvantaged as a result of the placement of
a foster child. NACC shall endeavor to maintain and improve foster care services as
its mandatory and permanent program.

SEC. 39. Foster Care Committees. - The Regional Foster Care Committees
maybe convened by the NACC 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.

SEC. 40. Advocacy Campaign. - National government agencies (NGAs), non-
government organizations (NGOs), peoples organizations (POs), faith based
organizations, and civil society shall reach out to communities to recruit applicants for
foster care.

SEC. 41. Recruitment and Development of Foster Parents. -NGAs, NGOs,
local government units (LGUs), and POs shall develop foster parents who shall
provide foster care to children.

SEC. 42. Issuance of License. - The NACC shall issue a foster license to
parents who were approved as foster parents 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 NACC.

ARTICLE I
PROCEDURES FOR FOSTER CARE

SEC. 43. Who may be Fostered. - A child in any of the following conditions
may be placed in a foster family:

(a) Abandoned, surrendered, neglected, dependent or orphaned;
(b) Victim of sexual, physical, or any other form of abuse or exploitation;
(c) With special needs;

(a) Whose family members are temporarily or permanently unable or unwilling
to provide the child with adequate care;

(e) Awaiting adoptive placement and who would have to be prepared for family

life;
26


(f) Needs long-term care and close family ties but who cannot be placed for
domestic adoption;

(g) Whose adoption has been disrupted;

(h) Under socially difficult circumstances such as, but not limited to, a street
child, a child in armed conflict or a victim of child labor or trafficking;

(i) Committed a minor offense but is released on recognizance, or who is in
custody, supervision or whose case is dismissed;

() In need of special protection as assessed by a social worker, an agency or
the NACC; or

(k) Matched for adoption.

Provided, That in the case of (b), (c), (f), (h), (i), and ()), the child must have no
family willing and capable of caring and providing for him

SEC. 44. Who May Foster. - The kin or relatives of the foster child, if willing
and available, become the priority prospective foster family. All applicants, including
the kin or relatives of the foster child, must meet all the following qualifications:

(a) Legal age;

(b) At least sixteen (16) years older than the child unless the foster parent is a
relative;

(c) Have a genuine interest, capacity and commitment in parenting and is able
to provide a familial atmosphere for the child;

(d) Able to provide a family atmosphere for the child;

(e) Have a healthy and harmonious relationship with each family member
living with him or her;

(f) Be of good moral character;
(g) Be physically and mentally capable and emotionally mature;

(h) Have sufficient resources to be able to provide for the family’s needs;
27


(i) Be willing to further hone or be trained on knowledge, attitudes and skills in
caring for a child; and

(j) Not already have the maximum number of children under his foster care at
the time of application or award, as may be provided in the implementing rules and
regulations (IRR) of this Act.

Provided, That in determining who is the best suited foster parent, the relatives
of the child shall be given priority, so long as they meet the above qualifications:
Provided, further, That an alien possessing the above qualifications and who has
resided in the Philippines for at least twelve (12) continuous months and maintains
such residence until the termination of placement by the NACC or expiration of the
foster family license, may qualify as a foster parent.

ARTICLE Ill
PARENTAL AUTHORITY OF FOSTER PARENTS.

‘SEC. 45. Parental Authority of a Foster Parent. — Foster parents shall have the
rights, duties and liabilities of persons exercising substitute parental authority, as may
be provided under the Family Code over the children under their foster care.

SEC. 46. Limitations on Parental Authority of Foster Parents. — Foster parents
shall only have the rights of a person with special parental authority to discipline the
foster children as defined under Section 233 of the Family Code, insofar as it prohibits
the infliction of corporal punishment upon the child.

ARTICLE IV
PROCEDURE

SEC. 47. Recruitment and Development of Foster Parents. — To recruit
applications for foster care, the NACC shall reach out to various communities and
LGUs and work preferably with the Local Council for the Protection of Children
(LCPC).

SEC. 48. Submission of Home Study Report. - The social worker shall make a
detailed Home Study Report of an applicant's background and circumstances, carried
out in a series of planned visits and interviews, in order to determine if the applicant
meets the basic requirements for foster care and is suitable to become a foster parent.

28


SEC. 49. Issuance of License. - The DSWD shall issue a Foster Family Care
License based on the Home Stucy Report submitted by the agency to determine the
motivations, capacities and potentials for development of applicants. The license is
renewable every three (3) years unless earlier revoked by the NACC.

SEC. 50. Matching. - Matching shall be done by the agency only after the child
case study and the home study have been conducted, save for exceptions to be
determined by the NACC, taking into consideration the best interests of the child.

The child case study report shall establish the needs of the child for
consideration in the selection of the foster parent. Likewise, the Home Study Report
shall establish said foster parent's capacity and resources to provide a safe, secure
and losing home to the child.

SEC. 51. 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 to be determined by the NACC, taking into
consideration the best interest of the child.

SEC. 52. 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 NACC.

The foster parents shall enjoy all the benefits to which biological parents are
entitled from the date the child is placed with them. As such, the parents may bring
along the child to travels out of the country only when the child has been with them for
a year; Provided, That the parents are residing in the Philippines and Provided, finally,
That there is no reason to believe that the child will be at risk if they travel with their
parents nor is there reason to believe that the parents will not be returning to the
Philippines.

SEC. 53. Foster Care Committee. - The Regional Child Welfare Specialist
Group of the DSWD shall serve as the Foster Care Committee, which shall have the
following functions:

(a) Review and deliberate issues affecting the placement of a particular child;

(b) Make recommendations to resolve any dispute between and among the
agency, the parents, the foster parents and the child;

29


(c) Monitor the implementation, review, and recommend changes in policies
concerning foster care and other matters related to the child’s welfare;

(d) Submit to the Secretary of the DSWD and to Congress an annual report of
the policies, programs and activities relative to the implementation of this Act; and

(e) Perform such other functions and duties as may be prescribed by the
DSWD.

SEC. 54. Reporting. — In case of injury or death of the child, or if the child runs
away or gets lost, such case shall be reported immediately to the nearest office of the
NACC.

SEC. 55. Termination of Placement. - Termination of placement shall be done
by the DSWD, upon recommendation of the agency, on the following grounds:

(a) Return of the child to biological parents;

(b) Placement for adoption of the child;

(c) Death of the child;

(d) Death of both foster parents;

(e) Expiration of the FPA; and

(f) In all cases where placement becomes prejudicial to the welfare of the child,
such as, but not limited to, abandonment, maltreatment, sexual assault, violence or

other forms of abuse.

Provided, That in the case of (f), the foster child, with the assistance of a
registered social worker, shall have the option to apply for termination of placement.

ARTICLE V
LONG-TERM FOSTER PLACEMENT
SEC. 56. Long-Term Foster Placement Authority. — If a child has been under
the care of a foster parent for a period of at least seven (7) years, the said foster parent
may apply for Long-Term Foster Placement Authority (LTFPA), subject to the following

conditions:

30


(a) The child's return to his biological parents or placement in an adoptive
family is not imminent;

(b) The foster parent continues to possess the qualifications required under tins
Act and a valid foster family care license for the entire duration of the foster care;

(c) The child, if ten (10) years of age or over, duly assisted by a social worker,
gives written consent for long-term stay with the foster parent; and

(d) Aside from the regular monitoring visits, the DSWD shall reassess and
reevaluate the foster home situation every three (3) years, to determine whether it is
in the best interest of the child to continue living in the foster home on a long-term
basis.

LTFPA grants the foster parent custody over the foster child without the
requirement of the eventuality of adoption of the latter by the former. During this
period, the foster child shall enjoy the rights of a child under Article 3 of the Child and
Youth Welfare Code, and under other laws: Provided, That there shall be no
mandatory rights of succession in favor of the foster child.

SEC. 57. Long-Term Foster Care Commitment. - Taking into consideration the
stability and best interest of the foster child, a foster parent, who unilaterally terminates
the LTFPA before the foster child reaches the age of majority or finishes tertiary
education, shall make provisions for the education and basic needs of the foster child,
in accordance with the standards in which the child has been raised or has become
accustomed to, within the said period: Provided, That the faster parent has the means
to support the foster child in keeping with the financial capacity of the family.

ARTICLE VI
ADOPTION OF A FOSTER CHILD

SEC. 58. Conditions. - A foster parent may adopt his foster child subject to the
following conditions

(a) The foster parent must have all the qualifications as provided for this Act;
(0) The trial custody, as required in adoption, may be waived: Provided, That a

harmonious relationship exists between the child and his foster parent and family
members; and

31


(c) The procedures for adoption, for purposes of this Act, shall be governed by
this Act.

ARTICLE Vii
LOCAL GOVERNMENT UNITS

SEC. 59. Role of Local Government Units (LGUs). - LGUs shall promote the
foster care system in their respective territorial jurisdictions.

SEC. 60. Seminars and Trainings.- The NACC, in coordination with the
DSWD, is hereby mandated to develop and provide programs to ensure the
awareness and responsiveness of local government officials in the promotion and
development of the foster care system in every city, municipality or barangay.

ARTICLE Vili
FOSTER CARE SUPPORT SERVICES
ASSISTANCE AND INCENTIVES

‘SEC. 61. Health Insurance. — A foster child shall be entitled to health insurance
benefits subject to the guidelines to be used by the NACC and Philippine Health
Insurance Corporation (PHILHEALTH).

SEC. 62. Special Discounts. - To the extent possible, the government may
grant special discounts to foster parents on the purchase of basic commodities for the
exclusive use of the foster child subject to the guidelines to be issued for the purpose
by the Department of Trade and Industry (DTI) and the Department of Agriculture
(DA).

SEC. 63. Foster Child Subsidy. - A foster child, through the child placing
agency, shall be entitled to a. monthly subsidy from the government NACC or LGU,
Subject to existing government standards and auditing rules and regulations to include
incidental expenses, The subsidy is primarily aimed at supporting the expenses of the
child to lessen the financial burden on the foster parent: Provided, That support may
be waived if the foster parent is capable of supporting the foster child.

SEC. 64. Foster Family Incentives. — A foster family, through the child placing
agency, shall be entitled to a monthly incentive from the government NACC and/or
LGUs, subject to existing government standards and auditing rules and regulations.

32


SEC. 65. Support Care Services. - The NACC and the social service unit of
the LGU or agency shall provide support care services to include, counselling and
other psycho-social services, visits, training on child care and development, respite
care, skills training and livelihood assistance.

SEC. 66. Support to Biological Parents. - Counselling 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.

SEC. 67. Tax Incentives for Foster Parents. — Foster parents shall be entitled
to the following tax incentives:

SEC. 68. Additional Exemption for Dependents. — For purposes of claiming the
Twenty-five thousand pesos (PhP 25,000.00) additional exemption for foster parents
for each dependent not exceeding four (4) as provided for by Republic Act No. 9504,
the definition of the term "dependent" under Section 35(B) of the National Internal
Revenue Code (NIRC) of 1997 shall be amended to include "foster child": Provided,
That all other conditions provided for under the aforesaid section of the NIRC of 1997
must be 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 (1)
taxable year.

For purposes of this section, only one (1) foster parent can treat the foster child
as a dependent for a particular taxable year. As such, no other parent or foster parent
can claim the said child as a dependent for that period.

SEC. 69. incentives to Agencies. ~ Agencies shall be entitled to the following
tax incentives:

(a) Exemption from Income Tax. - Agencies shall be exempt from income tax
‘on the income derived by it as such organization pursuant to Section 30 of the NIRC
of 1997, as implemented by Revenue Regulation (RR) No. 13-98; and

(b) Qualification as a Donee Institution. - Agencies can also apply for
qualification as a donee institution.

SEC. 70. Incentives to Donors. — Donors of an agency shall be entitled to the
following:

33


(a) Allowable Deductions. — Donors shall be granted allowable deductions from
its gross income to the extent of the amount donated to agencies in accordance with
Section 34(H) of the NIRC of 1997: and

(b) Exemption from Donor's Tax. — Donors shall be exempted from donor's tax
under Section 101 of the NIRC of 1997: Provided, That not more than thirty percent
(30%) of the amount of donations shall be spent for administrative expenses.

OOK IV
OTHER FORMS OF ALTERNATIVE CHILD CARE

GUARDIANSHIP, KHAFALLAH, KINSHIP CARE, [FAMILY-LIKE CARE]
RESIDENTIAL CARE

SEC. 71. Conditions in Other Forms of Alternative Care Settings. — The
following are the required conditions in other forms of alternative care which includes
guardianship, kafalah, kinship care, or residential care;

1. Awareness of children’s rights and obligations. Both children and care givers
should know and understand their rights and obligations;

2. Complaint mechanism support. Children should be able to, without fear of
retribution, express concerns about their situation or treatment by confiding in a
person they can trust, and by having access to an effective complaints mechanism;

3. Private provision of alternative care. A set of criteria developed by the NACC,
is used to assess the ability of all individuals and facilities to care for children, and to
use these criteria to authorize and then monitor their activities;

4. Child development and child protection. Provisions for child development
Tange from access to education and vocational training, to insist that children can
maintain contact with family and other familiar persons, the optimal development of
children with including children with special needs, and the importance that carers
should place on creating nurturing relationships with the children they are looking after;

5. Stigmatization. Stigmatization of children in alternative care settings should
be addressed and prevented at all times; and

6. Discipline, punishment and restraints. Severe restrictions should be placed
on the use of force and restraints. All treatment that may compromise a child's physical

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or mental health are prohibited. Adequate guidance on discipline and punishment shall
be followed.

SEC. 72. Who May Be Placed Under Other Forms of Alternative Child Care. —
A child with the conditions stipulated in Sec. 48 of this Act who are not placed for
adoption or with a foster family shall be eligible for placement in other forms of
alternative care such as guardianship, kafalah, kinship care or residential care. NACC
shall exhaust all means of placing such child in a family setting before allowing the
Child to be placed in family-like or residential care.

SEC. 73. Support Services for other forms of Alternative Child Care. — All other
forms of alternative child care shall have the same support services accorded to foster
care as enumerated in Sections 56 to 62 of this Act.

ARTICLE I
GUARDIANSHIP LEADING TO ADOPTION

SEC. 74. 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 their intention to the adoption of the wards.

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
their wards.

SEC. 75. Petition for the adoption of the Ward. — After the termination of
guardianship, guardians may opt to adopt their wards by filing a petition for adoption
Pursuant to Book II of this Act. All the qualifications prescribed in Book II of this Act
shall be met with, as well as all the requirements for adoption must be complied with.

The NACC may motu proprio 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.

ARTICLE I
RESIDENTIAL CHILD CARE
PROCEDURES AND SUPPORT SERVICES FOR RESIDENTIAL CARE

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SEC. 76. Parental Authority of Residential Caring Agency (RCA). - RCAs shall
be in loco parentis, exercising the rights, duties and liabilities of persons exercising
substitute parental authority over the children under their foster care, as may be
provided for by Executive Order No. 209, series of 1987, otherwise known as the
“Family Code of the Philippines’, Provided, that RCAs shall only have the rights of a
person with special parental authority to discipline the children under their care and
protection as defined under Section 233 of the Family Code, insofar as it prohibits the
infliction of corporal punishment upon the child.

SEC. 77. Components of Residential Care. - Following are essential
components to a residential care as defined in Section 3 f (7):

(a) Caregivers who devote time to the children enabling a trusting and reliable
relationship for them to experience lifelong love and security. The caregivers serve as
a stable figure who manage the family house and create a loving family environment;

(b) A family home with bedrooms, kitchen, living room, toilet and shower
room which will serve as home to children and allows biological siblings to stay
together;

(c) Support system for children and their families on their journey to self-
teliance through child and family development planning in addressing all aspects of
life. Children and young people in various aspects of their individual development are
guided so that they are able to become self-reliant and contributing members of
society. This process begins with a special focus on early childhood development and
ends with quality aftercare support; and

(d) Professional and technical support for children and parents from a
multidisciplinary team composed of Project Managers/Directors, Social Workers,
Educators, Psychologists and Medical Professionals.

SEC. 78. Privileges. - To allow it to fully realize its mandate, an accredited
RCA shall:

(a) Enter into agreements with public authorities, and accept provisions for the
cost of any service or activity which may be entrusted to it, within the scope of its object
and functions, pursuant to such agreements;

(b) Own and hold real and personal properties and accept bequests, donations

and contributions; and

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(c) Finally, the agency shall be exempt from the payment of real property taxes
on all real properties owned by it.

BOOK V
CARE FOR ABANDONED FILIPINO CHILDREN OVERSEAS
SEC. 79. Programs and Services to Protect Abandoned Children in Foreign
Countries. - The NACC, in coordination with the DFA, shall establish the procedures
and implement programs and services to protect and promote the rights of an
abandoned Filipino child in a foreign country that will ensure or provide for the

following:

(a) Prompt reporting, registration, and initial assessment of the abandoned
child;

(6) Emergency care and accommodation;
(c) Appointment of a guardian or foster parents;
(d) Access to basic services on health and education;
(e) Prevention and protection from all forms of violence and exploitation;
(f) Prevention and protection from involvement in situations of armed conflict;
(g) Prevention of deprivation of liberty;
(h) Family reunification;
(i) Return to country;
(ij) Local integration or inter-country adoption; and
(k) Durable family-based solutions.

BOOK VI

VIOLATIONS AND PENALTIES
ARTICLE!

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VIOLATIONS AND PENALTIES RELATING TO ADOPTION
SEC. 80. Violations and Penalties. —

(a) Any person who shall knowingly participate in the conduct or carrying out of
an illegal adoption, in violation of the provisions of this Act, shall be punished with a
penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12)
years and/or a fine not less than Fifty thousand pesos (P50,000.00), but not more than
Two hundred thousand pesos (P200,000.00) at the discretion of the court . It 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

(8) 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 names of persons who are not the child's biological parents 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);

(c) Any physician or nurse or hospital personnel who shall cooperate in the
execution of the above mentioned crime shall suffer the penalties herein prescribed
and also the penalty of permanent disqualification from the practice of their
professions;

(d) Any person who shall violate established regulations relating to
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;

(e)A penalty lower by two (2) degrees than that prescribed for the

consummated offense under this Article shall be imposed upon the principals of the
attempt to commit any of the acts herein enumerated:

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(1) 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;

(2) Act punishable under this Article are deemed committed by a syndicate
if carried out by a group of three (3) or more persons conspiring or confederating with
‘one another in carrying out any of the unlawful acts defined under this Article;

(3) 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; and

(4) An offender who is an alien, shall be deported immediately after service
of sentence and perpetually denied entry to the country.

SEC. 81. Public Officers as Offender. - Any government official or employee
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 or
employee concerned shall automatically suffer suspension until the resolution of the
case.

ARTICLE I
VIOLATIONS AND PENALTIES IN RELATION TO FOSTER CARE
SEC. 82. Penalties. —

(a) Any foster parent, found to be committing any act of neglect, abuse, cruelty,
or exploitation and other similar acts prejudicial to the child’s development, 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",
and other applicable laws.

(b) An agency which violates Sections 50, 51, 52 or any other provision of this
Act and its IRR shall suffer the following penalties:

(1) For the first violation, a fine of not less than Twenty-five thousand pesos
(PhP 25,000.00) but not exceeding Fifty thousand pesos (PhP 50,000.00); and

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(2) For any subsequent violation, a fine of not less than Fifty thousand
pesos (PhP 50,000.00) but not exceeding One hundred thousand pesos (PhP
100,000.00), and revocation of license to operate.

(c) Any person, natural or juridical, other than the foster parent or any agency,
violating any provision of this Act and its IRR shall be penalized with imprisonment of
‘one (1) month to six (6) years, depending on the gravity of the offense or a fine of not
less than Ten thousand pesos (Php 10,000.00) but not more than One hundred
thousand pesos (PhP 100,000.00), or both, at the discretion of the court.

(d) If the offender is a public official, the court may impose the additional penalty
of disqualification from office in addition to the penalties provided in the preceding

paragraph.

ARTICLE Ill

VIOLATIONS AND PENALTIES IN RELATION TO OTHER FORMS OF
ALTERNATIVE CARE

SEC. 83. Penal Clause. - Any person, whether natural or juridical, violating
Book IV of this Act shall, upon conviction, be liable to a fine of not less than Fifty
thousand pesos (P50,000.00) or imprisonment for a term not exceeding one (1) year,
or both, at the discretion of the court for each and every violation. In case the violation
is committed by a corporation or an association, the penalty shall devolve upon the
President, Director or any other officer responsible for such violation.

BOOK VII
FINAL PROVISIONS

SEC. 84. Role of Local Government Units (LGUs). - The host LGU, pursuant
to Section 108 of Republic Act No. 7160 otherwise known as the “Local Government
Code of 1991”, shall accredit alternative care agencies that are duly recognized by
the NACC in their locality.

The LGU, through its Local Social Welfare and Development Office, shall
include the provisions of this Act in it's development plans and strategies, and upon
approval thereof by the governor or mayor, as the case may be, implement the same
particularly those which have to do with social welfare programs and projects which

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the governor or mayor is empowered to implement and which the sanggunian is
empowered to provide for under {the] Republic Act 7160.

A standard accreditation process for all LGUs shall be adopted by the NACC
in coordination with the DSWD and the Department of the Interior and Local
Government (DILG).

SEC. 85. Seminars and Trainings. - The NACC, DSWD in coordination with
the DILG, is mandated to develop and provide programs to ensure the awareness
and responsiveness of local government officials in the promotion and development
of the alternative care system in every city, municipality and barangay.

SEC. 86. Protection from Suit. - Government employees in their lawful
performance of their duties shall be protected from suit.

SEC. 87. Unlawful Solicitation. — It shall be unlawful for any person to solicit,
collect or receive money, materials or property of any kind by falsely representing
himself to be a member, agent or representative of any alternative care agency.

SEC. 88. Appropriations. - Such sum as may be necessary for the
implementation of the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and thereafter.

SEC. 89. Implementing Rules and Regulations. - The DSWD, as lead agency,
the Department of Justice (DOJ), the Department of Health (DOH), the Bureau of
Internal Revenue (BIR), the Council on Welfare of Children (CWC), the DILG and
other concerned government agencies, in consultation with agencies are hereby
mandated to prepare and draft the IRR to operationalize the provisions of this Act
within six (6) months from its approval.

SEC. 90. Separability Clause. - If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.

SEC. 91. Suppletory Clause. - The provisions of Executive Order No. 209,
series of 1987, otherwise known as the Family Code of the Philippines and other
applicable laws, shall have suppletory application to this Act.

SEC. 92. Repealing Clause. - Republic Act No. 9523, entitled “An Act
Requiring the Certification of the Department of Social Welfare and Development
(DSWD) to declare a “Child Legally Available for Adoption” as a Prerequisite for
Adoption Proceedings, Amending for this Purpose Certain Provisions of Republic Act

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No. 8552, otherwise known as The Domestic Adoption Act of 1998, Republic Act No.
8043, otherwise known as The Inter-Country Adoption Act of 1995, Presidential
Decree No. 603, otherwise known ss The Child and Youth Welfare Code, and for other
Purposes” Is hereby repealed. 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.

SEC. 93. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the official gazette or in a newspaper of general circulation.

Approved

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