FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENA.JJ.;.. 
S.No. 
Hs19 
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 crafted a Priority Legislative 
Agenda covering various issues, including adoption proceedings. 
, 
A.ccording 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 his/her 
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.! 
1 This bill was originally filed during 14th Congress, 1 Sf Regular Session. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENIl.T~ 
S.No. 
1~19 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
MERGING THE DOMESTIC AND INTER-COUNTRY ADOPTION LAWS 
OF THE PHILIPPINES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Philippine Adoption Act." 
SECTION 2. Declaration of Policies. -
a) It is hereby declared the policy ofthe State to ensure that every child remains under the 
care and custody of his/her parent(s) and be provided with love, care, understanding and 
security towards the full and harmonious development of his/her personality. Only when 
such efforts prove insufficient and no appropriate placement or adoption within the 
child's extended family is available shall adoption by an unrelated person be considered. 
b) In all matters relating to the care, custody and adoption of a child, hislher 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. 
c) It shall also be a State policy to: 
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(i) Safeguard the biological parent(s) from making hurried decisions to relinquish 
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his/her parental authority over his/her child; 
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(ii) Prevent the child from unnecessary separation from his/her biological 
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parent(s); 
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(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority 
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and custody over his/her adopted child. 
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d) It is the policy of the State that efforts shall he exerted to place every child who is 
8 
legally free for adoption with an adoptive family in the Philippines. The State shall take 
9 
measures and safeguards top ensure that inter-country adoption is allowed when the same 
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shall prove beneficial to the child's interests and shall serve and protect his/her 
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fundamental rights. 
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e) The State shall establish a system of cooperation with the other States, through their 
13 
respective Central/Competent Authorities and accredited bodies to prevent the sale, 
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trafficking and abduction of children. 
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SECTION 3. Definition a/Terms. -As used in this Act, the following terms shall mean: 
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a) "Abandoned child" - shall refer to one who has no proper parental care or guardianship 
17 
or whose parent(s) has deserted his/her for a period of at least three (3) continuous months and 
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has been judicially declared as such; 
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h) "Act" - shall refer to this Act. 
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c) "A child legally available for adoption" - shall refers to a child who has been 
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voluntarily or involuntarily committed to the Department or to a duly licensed and accredited 
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child-placing or child-caring agency, freed of the parental authority of his/her biological 
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parent(s) or guardian or adopters in case of rescission of adoption; 
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d) "Adoption" - shall refer to a socio-Iegal process of providing a permanent family to a 
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child whose parents have voluntarily or involuntarily relinquished parental authority over the 
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child; 
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e) "Agency Adoption" - shall refer to a licensed adoption agency finds and develops 
2 
adoptive ·families for children who are voluntarily or involuntarily committed. The adoptive 
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families go through the process from application to finalization of the child's adoption under the 
4 
auspices of the Department of Social Welfare and Development or a licensed child-placing 
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agency. 
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f) "Accreditation of Local Child Caring Agency/ Child Placing Agency" - shall refer to 
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the recognition of a social welfare development program or service that such is implemented by 
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a social welfare and development agency in compliance with appropriate standards evidenced by 
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a certificate of accreditation issued by the Department of Social Welfare and Development 
109) "Applicant" - shall refer to a married couple or a single person who files an 
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application; 
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h) "Application" - shall refer to the duly accomplished application form, home study 
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report including its supporting documents. 
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i) "Biological Parents" - shall refer to the child's mother and father by nature or the 
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mother alone if the child is unacknowledged illegitimate child. 
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j) "Child" - shall refer to a person below eighteen (18) years of age; 
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k) "Child-caring agency" - shall refers to a duly licensed and accredited agency by the 
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Department that provides twenty four (24) hour residential care services for abandoned, 
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orphaned, ne'glected, or voluntarily committed children; 
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I) "Child-placing agency" - shall refers to a duly licensed and accredited agency by the 
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Department to provide comprehensive child welfare services including, but not limited to, 
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receiving applications for adoption, evaluating the prospective adoptive parents, and preparing 
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the adoption home study; 
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m) "Child Study Report" - shall refer to a study of a child's legal status, placement 
2 
history, psychological, social, spiritual, medical, ethno-cultural background, and that of his/her 
3 
biological family as basis in determining the most desirable placement for him/her. 
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n) "Child with Special Needs" - shall refer to any child who is difficult to place in view 
5 
of some physical, psychological, and/or social limitations including but not limited to being an 
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older child, belonging to a sibling group or those who may be under such analogous 
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circumstances; 
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0) "Competent Authority" - shall refer to any State entity which performs all or most of 
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the functions of Chapter II of the Convention; 
lOp) "Contracting State" - shall refer to any State Party to the Convention; 
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q) "Convention" - shall refer to The Hague Convention on Protection of Children and Co-
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operation in Respect of Inter-Country Adoption; 
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r) "Certificate of Abandonment" - shall refer to the final written administrative order 
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declaring a child to be dependent, abandoned, and neglected and committing such child to the 
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care of the Department through a person or duly licensed child caring/placing agency or 
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institution. The rights of the biological parents, guardian or other custodian to exercise authority 
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over the child shall cease; 
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s) "Deed of Voluntary Commitment" - shall refer to the notarized instrument 
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relinquishing parental authority and committing the child to the care and custody of the 
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Department executed by the child's biological parent(s) or by the child's legal guardian in their 
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absence, mental incapacity or death, to be signed in the presence of an authorized representative 
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of the Department, after counseling and other services have been made available to encourage 
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the child's biological parent(s) to keep the child; 
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t) "Department" - shall refers to the Department of Social Welfare and Development; 
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u) "Direct/Indirect Placement Adoption" - shall refer to the biological parents make a 
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direct placement of the child either to a relative, a member of their family, or a friend/non-
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relative with whom they relinquish their child. 
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v) "Extended Family" - shall refer to a relative of a child both at the paternal and 
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maternal side within the fourth degree of consanguinity. 
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w) "Foundling" - shall nifer to a deserted or abandoned infant or a child found, with 
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parents, guardian, or relatives being unknown, or a child committee in an orphanage or charitable 
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or similar institution with unknown facts of birth and parentage and registered in the Civil 
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Register as a "foundling". 
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x) "Foreign Adoption Agency" - shall refer to the State Welfare Agency or the licensed 
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and accredited agency in the country of the foreign adoptive parents that provides comprehensive 
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social services and is duly recognized by the Board; 
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y) "Foreign National" - shall refer to any person, not a Filipino citizen, who enters and 
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remains in the Philippines and in possession of a valid passport or travel documents and visa. 
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z) "Home Study Report" - shall refer to a study of the motivation and capacity of the 
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prospective adoptive parents to provide a home that meets the needs of a child. 
, 
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aa) "Illegal Adoption" -shall refer to an adoption that is effected in any manner contrary 
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to the provisions of Act, these Rules, established Stated policies, Executive Agreements and 
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other laws pertaining to adoption; 
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bb) "Inter-country Adoption" - shall refer to the socio-legal process of adopting a child 
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by a foreign national or a Filipino citizen permanently residing abroad where the petition for 
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adoption is filed, the supervised trial custody is undertaken, and the decree of adoption is issued 
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in the foreign country where the applicant resides thereby creating a permanent parent-child 
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relationship between the child and the adoptive parents; 
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cc) "Voluntarily committed child" - shall refer to the one whose parent(s), knowingly and 
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willingly relinquishes parental authority to the Department; 
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dd) "Involuntarily committed child" - shall refer to the one whose parent(s), known or 
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unknown, has been permanently and judicially deprived of parental authority due to 
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abandonment, substantial, continuous, or repeated neglect, abuse; or incompetence to discharge 
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parental responsibilities; 
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e~) "Liaison Service" - shall refer to the effective delivery of facilitating social services 
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provided by a licensed and accredited Child Caring or Child Placing Agency (CCNCPA) to 
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represent a Foreign Adoption Agency (FAA) in the Philippines; 
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f1) "Licensing" - shall refer to the process conducted by DSWD in assessing qualification 
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and authorizing a registered social welfare and development (SWD) agency to operate as a social 
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work agency. 
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gg) "Licensed Social Worker" - shall refer to one who possesses a bachelor of science in 
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social work degree as a minimum education requirement and must have passed the government 
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licensure examination for social workers as required by Republic Act 4373. 
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hh)"Matching" - shall refer to the judicious pairing of the applicant and the child to 
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promote a mutually satisfying parent-child relationship; 
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ii) "Non-Contracting State" - shall refer to any State not party to the Convention which 
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the Board has established working relations; 
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jj) "Pre-Adoption Services" - shall refer to psycho-social services provided by 
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professionally trained social workers of the Department, the social services units of local 
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government, private and government health facilities, Family Courts, licensed and accredited 
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child-caring and child-placing agency and such other individuals or entities involved in adoption 
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as may be authorized by the Department. 
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kk) "Post-Adoption Services" - shalI refer to psycho-social services and support services 
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provided by professionally trained social workers from offices above-mentioned after the 
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issuance of the Decree of Adoption. 
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ll) "Residence" - shalI refer to a person's actual and legal stay in the Philippines for two 
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(2) continuous years immediately prior to the filing of application for adoption decree is entered; 
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Provided, that temporary absences for professional, business or emergency reasons not 
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exceeding sixty (60) day in one (1) year shall not be considered as breaking the continuity 
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requirement; Provided, further that the Department may extend this period in meritorious cases. 
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mm) "Secretary" - shall refer to the Secretary of the Department; 
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nn) "Special Home Finding" - shall refer to the process of recruiting or identifying 
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suitable adoptive parents for children with special needs through the Central 
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Authority or a Foreign Adoption Agency of the State if there is no available family in the 
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Roster of Approved Families; 
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00) "Supervised trial custody" - shall refers to a period of time within which a social 
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worker oversees the adjustment and emotional readiness of both adopter(s) and adoptee in 
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stabilizing their filial relationship; 
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ARTICLE II 
18 
ADOPTION BUREAU 
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SECTION 4. Adoption Bureau. -There shall be established a Bureau of Adoption directly 
20 
under the supervision of the office of the Secretary. The Bureau shall consist of two (2) 
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divisions, local and Inter-country Adoption and will be manned by the Director and the common 
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staff support system. 
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SECTION 5. Functions. - The functions of the Bureau of Adoption shall include the 
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fallowing; 
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I. Formulate and develop programs and services that will protect the Filipino child from 
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abuse, exploitation, trafficking and adoption practice that is harmful, detrimental and prejudicial 
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to the best interests of the child; 
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2 .. Set standard and guidelines on adoption including pre and post legal adoption services. 
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Accredit and authorize foreign private adoption agencies which have demonstrated 
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professionalism and have consistently pursued non-profit objectives to engage in the placement 
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of Filipino children in their own country. 
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3. Monitor and assess compliance of all agencies/stakeholders (both local and foreign 
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involved in adoption. Gauge the progress and identifY gaps in the implementation of the law and 
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come up with policy recommendation. 
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4. Conduct national information dissemination and advocacy campaign on adoption. 
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5. Keep records of all adoption cases and provide periodic information and reports on the 
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performance of the Office; 
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6. Conduct researches on adoption or in related fields to further improve and strengthen 
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the Office programs and services and for policy formulation and development; 
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7. Provide technical assistance and conduct capability building activities to all concerned 
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agencies and stakeholders. 
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SECTION 6. Functions of Local and Inter-country Adoption Divisions. -
The two 
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division shall have common and distinct functions. 
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A. Common Functions: 
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I. To develop and promote local and inter-country adoption services, including 
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pre and post legal adoption services. 
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2. To establish and maintain database of children available for local and inter-
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country adoption and prospective adoptive parents. 
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3. To keep records of all adoption proceedings 
4. To maintain a national information and educational campaign on domestic and 
intercountry 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 and Inter-country Adoption. 
B. Distinct functions: 
LOCAL ADOPTION 
I. Monitor the existence, number and flow of children legally available for 
adoption and prospective adopter(s), so as to facilitate their matching. 
2. Maintain regular communications, linkages with CCA, CPA, Court Social 
Workers and LGUs involved on adoption. Provide technical assistance to stakeholders 
along case management. 
3. Review/assess/recommend accreditation of CCAs/CPAs. (Note: Part of the 
function of Standards Bureau). 
4. Generate resources to help child caring and child placing agencies to ensure 
viability. 
5. To organize and assist adoption support group. 
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6. To provide parent and family life education sessions and referral for specialized 
services. 
7. Conduct researches in collaboration with CCAs/CPAs. 
C. INTER-COUNTRY ADOPTION 
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 lCA applications, matching proposals, placements, and all 
documents requiring action by the Director. 
3. Implement the guidelines for the manner by which selection/matching of 
prospective adoptive parents can be made. 
4. To maintain and facilitate communication with the Child Placement Committee 
for Inter-country and the different government offices, non-governmental agencies, 
Central Authorities, Foreign Adoption·Agencies in proper cases through the Department 
of Foreign Affairs or the Philippine Foreign Service Post and the general public. 
5. Review and process accreditation and authorization applications and status of 
agencies for action by the Director. 
6. To manage the operations and implementation of ICA programs, services, 
procedures, special projects & events relative to inter-country adoption. 
7. Promote and ensure enforcement/compliance of law, policies and procedures 
pertaining to ICA. 
8. Monitor, follow-up and facilitate completion of adoption of the child through 
authorized and accredited agency. 
9. Coordinate the formulation of policies to enhance the ICA programs and 
services. 
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SECTION 7. Composition of Child Placement Committee. - The Committee shall be 
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composed of consultants consisting of the following representations: a child psychiatrist or 
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clinical psychologist, a medical doctor, a lawyer, a registered social worker, and a representative 
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of a non-governmental organization engaged in child welfare. Provided, that in every matching 
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conference, there must be a quorum. 
6 
The Department shall appoint qualified persons who shall serve in the Committee for a 
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term of two (2) years and may be renewed at the discretion of the Department. 
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SECTION 8. Functions of the Committee. - The Committee shall have the following 
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functions: 
lOa) Carry-out an integrated system and network of selection and matching of applicants 
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and children; 
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b) Recommend to the Director approval of applications and matching proposals; 
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c) Act as consultants to the Director in their area/field of expertise; 
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d) Initiate, review and recommend changes in policies concerning selection, matching 
IS 
and placement and other matters related to child welfare. 
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e) Perform such other functions and duties as may be determined by the Board, 
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SECTION 9. Allowances of Committee Members. - A Committee member shall receive a 
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per diem each meeting actually attended and remuneration for other functions as may be 
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determined by the Department subject to the usual accounting and auditing rules and regulations. 
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SECTION 10. Rules and Procedures. - The Committee shall submit, for the approval of 
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the Director, its internal rules and procedures and any amendments thereafter. 
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SECTION 11. Meetings. The Committee shall meet regularly or upon the call of the 
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Director. 
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ARTICLE III 
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• 
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PROCEDURE 
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A. LOCAL ADOPTION 
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SECTION 12. Pre-Adoption Program. - The Department shall provide the services of 
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licensed social workers to the following: 
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(a) Biological Parent(s) - Counseling shall be provided to the parent(s) before and after 
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birth of his/her child. No binding commitment to an adoption plan shall be permitted before the. 
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birth of his/her child. A period of three months shall be allowed for the biological parent(s) to 
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reconsider any decision to relinquish his/her child for adoption before the decision become 
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irrevocable. Counseling and rehabilitation services shall also be offered to the biological 
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parent(s) after he/she has relinquished his/her child for adoption. 
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Steps shall be taken by the Department to ensure that no hurried decisions are made and 
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all alternatives for the child's future and the implications of each alternative have been provided. 
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(b) Prospective Adoptive Parents - Counseling sessions, adoption forums and seminars, 
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among others shall be provided to prospective adoptive parent(s) to resolve possible adoption 
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issues and to prepare him/her for effective parenting. 
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(c) P,yospective Adoptee - Counseling sessions shall be provided to ensure that he/she 
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understands the nature and effects of adoption and is able to express his/her views on adoption in 
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accordance with his/her age level of maturity. 
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It shall be the duty of the Department or the child-placing or child-caring agency which 
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has custody of the child to exert all efforts to locate his/her unknown biological parent(s). If such 
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efforts fail the child shall be registered as a founding imd subsequently be the subject of legal 
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proceedings where he/she shall he declared abandoned. 
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The Department shall develop a pre-adoption program which shall include, among other, 
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the above-mentioned services. 
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In all proceeding for adoption, the court shall require proof that the biological parent(s) 
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has been properly counseled to prevent him/her from making hurried decision caused by strain or 
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anxiety to give up the child and to sustain that all measures to strengthen the family have been 
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exhausted and that any prolonged stay of the child in his/her own home will be inimical to 
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hislher welfare and interest. 
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SECTION 13. who May Be Adopted -The following may be adopted: 
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(a) Any person below eighteen (18) years of age who has been administratively or 
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judicially declared available for adoption; 
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(b) The legitimate son/daughter of one spouse by the other spouse; 
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(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of 
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legitimacy; 
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(d) A person of legal age if, prior to the adoption, said person has been consistently 
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considered and treated by the adopter(s) as his/her own child since minority; 
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(e) A child whose adoption ha been previously rescinded; or 
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(f) A child whose biological or adoptive parent(s) has died: Provided, That no 
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proceedings shall be initiated within six (6) months from the time of death of said parent(s). 
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SECTION 14. Who May Adopt. -The following may adopt: 
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(a) Any Filipino citizen oflegal age, in possession's offull civil capacity and legal rights, 
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of good moral character, has not been convicted of any crime involving· moral turpitude, 
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emotionally and psychologically capable of caring for children at lest sixteen (16) years older 
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than the adoptee, who is in a position to support and care for hislher children in keeping with the 
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means of the family. The requirement of sixteen (16) year difference between the age of the 
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adopter and the adoptee maybe waived when the adopter is the biological parent of the adoptee, 
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or is the spouse of the adoptee's parent; 
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(b) Any foreign national possessing the same qualifications as above stated for Filipino 
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nationals: Provided, that his/her country has diplomatic relations with the Republic of the 
3 
Philippines, that he/she has been living in the Philippines at least two (2) continuous years prior 
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to the filling of the application for adoption and maintains such residence until the adoption 
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decree is entered, that he/she has been certified by authorized appropriate government agency or 
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Philippine accredited adoption agency in his/her country that he/she has the legal capacity to 
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adopt in his/her country, and that his/her government allows the adoptee to enter his/her country 
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as hislher adopted son/daughter: Provided, Further, That the requirements on residency and 
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certification of the foreign national-'s qualification to adopt in hislher country may be waived for 
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the following: 
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i. a former Filipino citizen who seeks to adopt a relative within the fourth (4'h) 
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degree of consanguinity or affinity; or 
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ii. one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse: 
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or 
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iii. one who is married to a Filipino citizen and seeks to adopt jointly with hislher 
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spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino 
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spouse: or 
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(c) The guardian with respect to the ward after the termination of the guardianship and 
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clearance of his/her financial accountabilities. 
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Husband and wife shall jointly adopt, except in the following cases: 
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(i) if one spouse seeks to adopt the legitimate son/daughter of the other, or 
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(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: 
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Provide, However, that the other spouse has signified his/her consent thereto: or 
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(iii) if the spouses are legally separated from each other. 
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In case husband and wife jointly adopt or one spouse adopts the illegitimate son/daughter 
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of the other, joint parental authority shall be exercised by the spouses. 
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SECTION 15. Whose Consent is Necessary to the Adoption. - After being properly 
2 
counseled and informed of hi sf. her right to give or withhold his/her approval of the adoption, the 
3 
written consent of the following to the adoption is hereby required: 
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(a) The adoptee, if ten (10) years of age or over; 
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(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper 
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government instrumentally which has legal custody of the child; 
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(c) The legitimate and adopted sons/daughters, ten (10) of age or over, of the adopters(s) 
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and adoptee, if any; 
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(d) The illegitimate sons/daughters, ten (10) years of age or over of the adopter if living 
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with said adopter and latter's spouse, if any; and 
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(e) The spouse, if any, of the person adopting or to be adopted. 
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SECTION 16. Where t'o File Application. - A person eligible to adopt under Article III, 
13 
Section 14 of this Act who desires to adopt a child in the Philippines has attended adoption 
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forums and seminar, shall file their application for adoption with the Department or with any 
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licensed accredited child placing agencies. 
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In cases of relative adoption, shall file their petition for adoption directly to the Regional 
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Trial Court with has jurisdiction over their residence. Spouses shall file their application jointly. 
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SECTION 17. Case Study. - No petition for adoption shall be set for hearing unless a 
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licensed social worker of the Department, the social service office of the local government unit, 
20 
or any child-Placing or child-caring agency has made a case study of the adoptee, his/her 
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biological parent(s) as well as the adopter(s) and has submitted the report and recommendations 
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on the matter the court hearing such petition. 
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At the time of preparation of the adoptee's case study, the concerned social worker shall 
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confirm with the Civil Registry the real identity and registered name of the adoptee. If the birth 
15 


of the adoptee was not registered with the Civil Registry, it shall be responsibility of the 
2 
concerned social worker to ensure that the adoptee is registered. 
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The case study on the adoptee shall establish that he/she is legally available for the 
4 
adoption and that the documents to support this fact are valid and authentic. Further, the case 
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study of the adopter shall ascertain his/her genuine intentions and that the adoption is in the best 
6 
interest of the child. 
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The Department shall intervene on behalf of adoptee if it finds, after the conduct of the 
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case studies, that the petition should be denied. The case studies and other relevant documents 
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and records pertaining to the adoptee and the adoption shall be preserved by the Department. 
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SECTION 18. Fees and Charges. - Child Caring Agency and Child Placement Agency 
11 
may charge ,reasonable fees as determined by the Department to cover expenses in providing 
12 
adoption services. The applicant(s) shall be apprised of the fees at the start. 
13 
SECTION 19. Family Selection/Matching - The matching of the child to an approved 
14 
adoptive parentis shall be carried out during the regular matching conference by the matching 
15 
Committee otherwise called the Child Placement Committee (CPC) in the regional level where 
16 
the social workers of the child and family are present. Subject to the approval of the Department, 
17 
the epc shall fix its own internal rules and procedures in accordance with the rules of Court; 
18 
provided, however, that records of children and approved adoptive parentIs not matched within 
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thirty (30) days in the regional level shall be forwarded to the Department's Central office for 
20 
inter-country matching; Provided further that the children with Special needs shall be 
21 
immediately forwarded if not matched in the first meeting, except under special circumstances. 
22 
The matching proposal made by cpe shall be approved by the Department. 
23 
SECTION 20. Supervised Trial Custody. - No petition for adoption shall be finally 
24 
granted until the adopter(s) has been given by the court a supervised trial custody period for at 
25 
least six (6) months within which the parties are expected to adjust psychologically and 
26 
emotionally during said period, temporary parental authority shall be vested in the adopter(s). 
16 


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The court may, motu propio or upon motion of any party, reduce the trial period if it 
2 
finds the 'same to be in the best interest of the adoptee, stating the reasons for the reduction of the 
3 
period. However, for alien adopter(s), he/she must complete the six (6) month trial custody 
4 
except for those enumerated in Sec. 7 (b) ( i ) (ii ) ( iii ). 
5 
If the child is below seven (7) years of age and is placed with prospective adopter(s) 
6 
through a pre-adoption placement authority issued by the Department, the prospective adopter(s) 
7 
shall enjoy all the benefits to which biological parent(s) is entitled from the date the adoptee is 
8 
placed with the prospective adopter(s). 
9 
SECTION 21. Decree of Adoption. - If, after the publication of the order of hearing has 
10 
been complied with, and no opposition has been interposed to the petition, and after 
11 
consideration of the case studies, the qualifications of the adopter(s), trial custody report and the 
12 
evidence submitted, the court is convinced that the petitioners are qualified to adopt, and that the 
13 
adoption would redound to the best interest of the adoptee, a decree of adoption shall be entered 
14 
which shall be effective as of the date the original petition was filed. This provision shall also 
15 
apply in case the petitioner(s) dies before the issuance of the decree of adoption to protect the 
16 
interest of the adoptee. The decree shall state the name by which the child is to be known. 
17 
SECTION 22. Civil Registry Act. - An amended certificate of Birth shall be issued by the 
18 
Civil Registry, as required by the Rules of Court, attesting to the fact that the adoptee is the child 
19 
of the adopter(s) by being registered with his/her surname. The original certificate of birth shall 
20 
be stamped ':cancelled" with the annotation of the issuance of the amended birth certificate in its 
21 
place and shall be sealed in the civil registry records. The new birth certificate to be issued to the 
22 
adoptee shall not bear any notation that it is an amended issue. 
23 
B. INTER-COUNTRY ADOPTION: 
24 
SECTION 23. Inter-country Adoption as the Last Resort. - The Adoption Bureau shall 
25 
ensure all possibilities for adoption of the child under the Family Code have been exhausted and 
26 
that inter-country adoption is in the best interest of the child. Towards this end, the Bureau shall 
27 
set up the guideline to ensure that steps will be taken to place the child in the Philippines before 
17 


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• 
the child is placed for inter-country adoption: provided, however, that the maximum number that 
2 
may be allowed for foreign adoption shall not exceed six hundred (600) a year for the first five 
3 
(5) years. 
4 
SECTION 24. Who Maybe Adopted. - The following may be adopted; 
5 
a) Any person below eighteen (18) years of age who has been administratively or 
6 
judicially declared available for adoption; Provided that in the case of a child who is voluntarily 
7 
committed, the physical transfer of said child shall be made not earlier than three (3) months 
8 
from the date of execution of the Deed of Voluntarily Commitment by the child's biological 
9 
parentis or guardian/so Provided further, however, that this prohibition against physical transfer 
10 
shall not' apply to all children being adopted by a relative or children with special medical 
11 
conditions; 
12 
b) The legitimate son/daughter of one spouse by the other spouse; 
13 
c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of 
14 
legitimacy; 
15 
d) A person of legal age if, prior to the adoption, said person has been consistently 
16 
considered and treated by the adopter(s) as his/her own child since minority; 
17 
e) A child whose adoption ha been previously rescinded; or 
18 
f) A child whose biological or adoptive parent(s) has died Provided, That no proceedings 
19 
shall be initiated within six (6) months from the time of death of said parent(s). 
20 
SECTION 25. - Documents of Pro;,pective Adoptive Child. - Only a legally free child 
21 
may be the subject of inter-country adoption. In order that such child may be considered for 
22 
placement. The following documents must be submitted to the Adoption Bureau: 
23 
a) Child Study 
24 
b) Security Paper (SECP A) Birth certificate/foundling certificate 
18 


• 
c) Certified True Copy of the Decree of Abandonment and Certificate of Finality or 
2 
Notarized Deed of Voluntary Commitment 
3 
d) Medical evaluation/history including available, and update medical abstract; 
4 
e) Certified True Copy of the Death Certificate of child's birthparentls, if applicable. 
5 
f) Psychological evaluation as necessary; and that ofthe child's biological parentis, if 
6 
g) Child's own written consent to adoption, if he/she is ten (10) years or older witnessed 
7 
by a social worker of the department or Child Caring/Placing Agency and after proper 
8 
counseling, 
9 
h) Most recent whole body size picture of the child. If applicable, any physical 
10 
impairment of the child should be visible in the picture. 
11 
SECTION 26 - Who may adopt. -Any foreign national-or a Filipino citizen permanently 
12 
residing abroad may file an application for inter-country adoption of a Filipino child if he/she: 
13 
a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the 
14 
child to be adopted at the time of application unless the adopter is the parent by nature of the 
15 
child to be adopted or the spouse of such parent; 
, 
16 
b) Has the capacity to act and assume all rights and responsibilities of parental authority 
17 
under his laws, and has undergone the appropriate counseling from an accredited counselor in 
18 
his/her country; 
19 
c) Has undergone appropriate counseling from an accredited counselor in his/her country; 
20 
d) Has not been convicted of a crime involving moral turpitude; 
21 
e) Is eligible to adopt under his/her national law; 
22 
f) Is in a position to provide the proper care and support and to give the necessary moral 
23 
values and example to all his children, including the child to be adopted; 
19 


• 
• 
g) Comes from a country; 
2 
(i) With whom the Philippine has diplomatic relations; 
3 
(ii) Whose government maintain a foreign adoption agency; and 
4 
(iii) Whose laws allow adoption; and 
5 
h) FUes jointly with his/her spouse, if any, who shall have the same qualification and 
6 
none of the disqualification to adopt as prescribed above. 
7 
SECTION 27. Where to File Application. - The application for inter- country shall be 
8 
filed either with the Philippine Regional Trial Court having jurisdiction over the child, or with 
9 
the Department through an authorized and accredited agency in the country of the prospective 
10 
adoptive parents, which application shall be in accordance with the requirements as set forth in 
11 
the implementing rules and regulations to be promulgated by the Department. 
12 
The application shall be supported by the following do~uments written and officially 
13 
translated in English. 
14 
a) Birth certificate of applicantls and in case of relative adoption, such relevant 
15 
documents that establish the relationship between the applicants claiming relationship to the 
16 
child to be adopted. 
17 
b) Marriage contract, and in the proper case, Decree of Divorce of a previous marriage. 
18 
c) Written consent in a form of sworn statement by the biological or adopted children 
19 
who are ten (10) years of age or over. 
20 
d) Physical and medical evaluation by a duly licensed physician' 
21 
e) Psychological evaluation by a psychologist 
22 
f) Latest income tax return or other documents showing the financial capability of the 
23 
applicant/s; 
20 


• 
g) Clearances issued by the Police department or other proper government agency of the 
2 
place where the applicant/s reside. 
3 
h) Character references from the local!church minister, the applicant's employer and a 
4 
member of the immediate community who have known the applicantls for at least five (5) years 
5 
and 
6 
i) Recent post card size pictures of the applicant/s and his immediate family. 
7 
SECTION 28. Fees, Charges and Assessment. - Fees, charges and assessments collected 
8 
by the Department in the exercise of its functions shall be used solely to process applications for 
9 
inter-country adoption and to support the activities of the Department. 
10 
SECTION 29. Family Selection/matching. - No child shall be matched to a foreign 
11 
adoptive family unless it is satisfactorily shown that the child cannot he adopted locally. The 
12 
clearance, as issued by the Department with the copy of the minutes of the meetings shall form 
13 
part of the records of the child to be adopted. When the office is ready to transmit the Placement 
14 
Authority to the authorized and accredited inter-country adoption agency and all the travel 
15 
documents of the child are ready, the adoptive parents or anyone of them shall personally fetch 
16 
the child in the Philippines. 
17 
SECTION 30. Pre-adoptive Placement Costs. - The applicant(s) shall bear the following 
18 
costs incidental to the placement of the child. 
19 
a) The cost bringing the child from the Philippines to the residence of the applicant(s) 
20 
abroad, including all travel expenses within the Philippines and abroad, and 
21 
b) The cost of passport, visa, medical examination and psychological evaluation required, 
22 
and other related expenses. 
23 
SECTION 31. Supervision of Trial Assessments. - The government agency or the 
24 
authorized and accredited agency in the country of the adoptive parents which filed the 
25 
application for inter-country adoption shall be responsible for the trial custody and the care of the 
21 


child. It shall also provide family counseling and other related cases. The trial custody shall be a 
2 
period of six (6) months from the time of placement. Only after the lapse of the period of trial 
3 
custody shall a decree of adoption be issued in the said country, a copy of which shall be sent to 
, 
4 
the Department to form part of the records of the child. 
5 
During the trial custody, the adopting parentis shall submit to the governmental agency or 
6 
the authorized and accredited agency, which shall in turn transmit a copy to the Department, a 
7 
progress report of the child's adjustment. The progress report shall be taken into consideration in 
8 
deciding whether or not to issue the decree of adoption. 
9 
The department of Foreign Affairs shall set-up a system by which Filipino children sent 
10 
abroad for trial custody are monitored and checked as reported by the authorized and accredited 
11 
inter-country adoption agency as well as the repatriation to the Philippines of a Filipino child 
12 
whose adoption has not been approved. 
13 
SECTION 32. Executive Agreements. - The Department of Foreign Affairs, upon 
14 
representation of the Department, shall cause the preparation do Executive agreements with 
15 
countries of the foreign adoption agencies to ensure the legitimate concurrence of said countries 
16 
in upholding the safeguards provided by this act. 
17 
ARTICLE IV 
18 
EFFECTS OF ADOPTION 
19 
SECTION 33. Parental Authority. - Except in cases where the biological parent is the 
20 
spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be 
21 
severed and the same shall then be vested on the adopter(s). 
, 
22 
SECTION 34. Legitimacy. - The adoptee shall be considered the legitimate son/daughter 
23 
of the adopter(s) for all intents of the purposes and as such is entitled \0 all the rights and 
24 
obligations provided by the law to legitimate sons/daughters born to them without discrimination 
25 
of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with 
26 
the means of the family. 
22 


SECTION 35. Succession. - In legal and intestate succession, the adopter(s) and the 
2 
adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. 
3 
However, if the adoptee and his/her biological parent(s) had left a will the law on 
4 
testamentary succession shall govern. 
5 
SECTION 36. Benefits. - The adoptive parents shall, with respect tot he adopted child, 
6 
enjoy all the benefits to which the biological parents are entitled. Maternity and paternity 
7 
benefits and other benefits given to the biological parents upon the birth of a child shall be 
8 
enjoyed if the adoptee is below seven (7) years of age as of the date the child is placed with the 
9 
adoptive parents thru the pre-Adoptive Placement Authority issued by the Department. 
10 
ARTICLE V 
II 
RESCISSION OF ADOPTION 
12 
SECTION 37. Grounds for Rescission of Adoption. - Upon petition of the adoptee, with 
13 
the assistance of the Department if a minor or if over eighteen (18) years of age but it is 
14 
incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following 
15 
grounds committed by the adopter(s); (a) repeated physical and verbal maltreatment by the 
16 
adopter(s) despite having undergone counseling; (b) attempt on the life of the adoptee; (c) sexual 
17 
assault or violence, or (d) abandonment and failure to comply with parental obligations. 
18 
Adoption, being in the best interest of the child, shall not be subject to recession by 
19 
adopter(s). However the adopter(s) may disinherit the adoptee for causes provided in Article 919 
20 
ofthe Civil Code. 
21 
SECTION 38. Effects of Rescission. - If he petition is granted, the parental authority of 
22 
the adoptee's biological parent(s), if known, or the legal custody of the Department shall be 
23 
restored if the adoptee is still a minor or incapacitated. The reciprocal right and obligations of the 
24 
adopter(s) and the adoptee to each other shall be extinguished. 
25 
The court shall order the Civil Registrar to cancel the amended certificate of birth of the 
26 
adoptee and restore his/her original birth certificate. 
23 


I 
Succession rights shall revert to its status prior to adoption, but only as of the date of 
2 
judgment or judicial rescissions. Vested rights acquired prior to judicial rescission shall be 
3 
respected. 
4 
All the foregoing effects of rescissions of adoption shall be without prejudice to the 
5 
penalties imposable under the Penal Code if the criminal acts are properly proven. 
6 
ARTICLE VI 
7 
CONFIDENTIAL NATURE OF PROCEEDINGS 
8 
SECTION 39. Confidential Nature of Proceedings and Records. - All hearings in 
9 
adoption cases shall be confidential and shall not be open to the public. All records, books and 
10 
papers relating to the adoption cases in the files of the court, the Department, or any other agency 
II 
or institution participating in the adoption proceedings shall be kept strictly confidential. 
12 
If the court finds the disclosure of the information to a third person is necessary for 
13 
purposes connected with or arising out of the adoption and will be for the best interest of the 
14 
adoptee, the court may merit the necessary information to be released, restricting the purposes 
15 
for which it may be used. 
16 
No copy thereof as well as any information relating hereto shall be released without 
17 
written authority from the Department or the written request of any of the following. 
18 
a) The child/adopted person, with appropriate guidance and counselling, or his/her duly 
, 
19 
authorized representative, spouse, parent or parents, direct descendants, or guardian or legal 
20 
institution legally in charge of the adopted person, if minor. 
21 
b) The court or proper public official whenever necessary in an administrative, judicial or 
22 
other official proceeding to determine the identity of the parent or parents or of the 
23 
circumstances surrounding the birth ofthe child/adopted person; or 
24 
c) The nearest kin, in case of death of the child/adopted person. 
24 


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2 
3 
4 
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6 
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8 
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IS 
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28 
The Department shall ensure that infonnation held by them concerning the origin of the 
child/adopted person, in particular the identity ofhis /her biological parents, is preserved. 
ARTICLE VII 
VIOLATIONS AND PENAL TIES 
SECTION 40. 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 (I) day to twelve (12) years and/or a fine not 
less than fifty thousand pesos (P50,000.00), but not more than two hundred thousand pesos 
(P200,000.00) at the discretion of the court shall be imposed on any person who shall commit 
any of the following acts: 
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. 
b) Any person who shall cause the fictitious registration ofthe birth of tbe child under the 
name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of 
birth, and shall be punished by prison mayor in its medium period and a fine not exceeding fifty 
thousand pesos (P50,000.00). 
Any physician or nurse or hospital personnel who, in violation of his/her oath of office, 
shall cooperate in the execution of the above mentioned crime shall suffer the penalties herein 
prescribed and also the penalty of permanent disqualification. 
c) Any person who shall violate established regulations relating the confidentiality and 
integrity of records, documents, and communications of adoption applications, cases and 
processes shall suffer the penalty of imprisonment ranging from one (I) year and one (I) 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 (PIO,OOO.OO) at the discretion of the court. 
25 


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, 
.. 
1 
A penalty lower by two (2) degrees than that prescribed for the consummated offense 
2 
under this Article shall be imposed upon the principals of the attempt to commit any of the acts 
3 
herein enumerate. 
4 
Act punishable under this Article, when committed by a syndicate or where it involves 
5 
two (2) or more children shall be considered as an offense constituting child trafficking and shall 
6 
merit the penalty of reclusion perpetua. 
7 
Act punishable under this Article are deemed committed by a syndicate if carried out by a 
8 
group of three (3) or more persons conspiring andlor confederating with one another in carrying 
9 
out any of the unlawful acts defined under this Article. 
10 
Penalties are herein provided, shall be in addition to any other penalties which may be 
11 
imposed for the same acts punishable under other laws, ordinances, executive orders, and 
12 
proclamations. 
13 
When the offender is an alien, he/she shall be deported immediately after service of 
14 
sentence and perpetually excluded from entry to the country. 
15 
SECTION 41. Public Officers as Offender. - Any government official, employee or 
16 
functionary who shall be found guilty of violating any provisions of this Act, or who shall 
17 
conspire with private individual shall, in addition to the above prescribed penalties, be penalized 
18 
in accordance with existing civil service laws, rules and regulations. Provided, That upon the 
, 
19 
filing of a, case either administrative or criminal, said government official, employee, or 
20 
functionary concerned shall automatically suffer suspension until the resolution of the case. 
21 
SECTION 42. Rectification of Simulated Births. - A person who has, prior to the 
22 
effectivity of this Act, simulated the birth of a child shall not be punished for such act; Provided 
23 
that the simulation of the birth was made for the best interest of the child and that he/she has 
24 
been consistently considered and treated by that person as his/her own son/daughter. Provided, 
25 
further that the application for correction of the birth registration and petition for adoption shall 
26 
be filed within five (5) years from the effectivity of this Act and completed thereafter. Provided, 
27 
finally, that such person complies with the procedure as specified in Article IV of this Act and 
28 
other requirements as determined by the department. 
26 


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6 
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ARTICLE VIII 
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. 
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. 
SECTION 46. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
17 
valid and subsisting. 
18 
SECTION 47. Repealing Clause. - Any law, presidential decree or issuance, executive 
19 
order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent 
20 
with the provision of this Act is hereby repealed, modified, or amended accordingly. 
21 
SECTION 48. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
22 
publication in at least two (2) newspapers of general circulation. 
Approved. 
27