EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S. No.
of ii)r ^srcrrtBi'p
*19 JUL-1 PI :37
K l L - i' ..  ■
Introduced by Senator PIA S. CAYETANO
AN ACT
CODIFYING 
THE 
ALTERNATIVE 
CHILD 
CARE 
LAWS, 
REORGANIZING THE INTERCOUNTRY ADOPTION 
BOARD INTO THE 
NATIONAL AUTHORITY FOR CHILD CARE, AND PROVIDING FUNDS 
THEREFOR
EXPLANATORY NOTE
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".1 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.
This measure, which is based on the substitute bill from the technical working 
group headed by Rep. Vilma Santos-Recto in the 17th 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.
1 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 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.
PIA 9. CAYETANO


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S E N A T E
G i
S. No.
cfttjc ^rrrrta rp
*19 JUL-1 PI :37
Introduced by Senator PIA S. CAYETANO
RECEI /Lu
AN ACT
CODIFYING 
THE 
ALTERNATIVE 
CHILD 
CARE 
LAWS, 
REORGANIZING THE INTERCOUNTRY ADOPTION 
BOARD INTO THE 
NATIONAL AUTHORITY FOR CHILD CARE, AND PROVIDING FUNDS 
THEREFOR
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
BOOK I
2 
GENERAL PROVISIONS
3 
ARTICLE I
4 
Section 1. Short Title. -  This Act shall be known as the "Alternative Child Care
5 
Code o f the Philippines".
6 
Sec. 2. Declaration o f Policies. -  The State shall defend the right of children to
7 
survival and development including assistance to proper care, health, nutrition, early
8 
learning and special protection from all forms of neglect, abuse, cruelty, exploitation,
9 
or other conditions prejudicial to their well-being. It shall provide every child who is
10 
neglected, 
abused, 
surrendered, 
dependent, 
abandoned, 
under sociocultural
11 
difficulties, with an alternative family that will provide love and care, as well as
12 
opportunities for growth and development.
13 
The best interest of the child shall be the paramount consideration in the
14 
enactment of alternative care, custody, and adoption policies. It shall be in accordance
15 
with the tenets set forth in all the rights of the child enumerated under Article 3 of
16 
Presidential Decree No. 603, otherwise known as the " Child And Youth Welfare Codd',
17 
United Nations Convention on the Rights o f the Child (UNCRC); United Nations
18 
Guidelines on Alternative Care o f Children:, United Nations Declaration on Social and


1 
Legal Principles Relating to the Protection and Welfare o f Children with Special
2 
Reference to Foster Placement and Adoption, Nationally and Internationally, and the
3 
Hague Convention on the Protection o f Children and Cooperation in Respect o f Inter-
4 
country Adoption.
5 
Toward this end, the State shall ensure that a child without parental care or at
6 
risk of losing it are provided with alternative care options such as foster care, kinship
7 
care, kafalah, guardianship, or residential care, including family-like care. As such,
8 
the State shall establish alternative care standards to ensure the quality and conditions
9 
that are conducive to the child's development.
10 
The State shall establish a system of cooperation with the other States, through
11 
their respective central or competent authorities and accredited bodies to prevent the
12 
sale, trafficking, and abduction of children, and to protect Filipino children abandoned
13 
overseas who are made vulnerable by their irregular status.
14 
Sec. 3. Definition o f Terms. -  As used in this Act:
15 
(a) Abandoned Child refers to one who has no proper parental care or
16 
guardianship or whose parent(s) has deserted him/her for a period of
17 
at least six (6) continuous months and has been judicially declared as
18 
such;
19 
(b) Abandoned FHipino Child in a Foreign Country refers to a child who
20 
is 
found 
outside 
the 
Philippine 
territory, 
unregistered 
or
21 
undocumented, with known or unknown facts of birth and separated
22 
from or deserted by the biological Filipino parent committed to a
23 
foreign orphanage or charitable institution or in temporary informal
24 
care;
25 
(c) Adoption refers to 
a process whereby a person 
assumes the
26 
parenting of another, usually a child, from that person's biological or
27 
legal parent or parents, and, in so doing, permanently transfers all
28 
rights and responsibilities, along with filiation, from the biological
29 
parent or parents. It shall cease to be part of alternative child care
30 
and becomes parental care as soon as the process is complete;


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
1
(d) 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 
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;
(3) Kafaiah 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
(5) 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;
(e) Application refers to the duly accomplished application form by 
prospective parents, home study report including its supporting 
documents;
(f) Authorized and Accredited Agency xe^exs 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);


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
1
(g) Biological Parents refer to the child's mother and father by nature 
or the mother alone if the child is illegitimate;
(h) 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;
(i) Chiid-caring Agency \s a duly licensed and accredited agency by the 
NACC that provides twenty four (24)-hour residential care sen/ices for 
abandoned, orphaned, neglected, or voluntarily-committed children;
(j) Child Case Study Report refers to a written report prepared by a 
social worker containing all the necessary information about a child;
(k) 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;
(l) Child-placing Agency \s 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 
or to implement the foster care program;
(m) Child with Special Needs refers to a child with developmental or 
physical disability;
(n) 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;


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
1
(0) Deed o f 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;
(p) Domestic Adoption refers to the placing of a child within the same 
country as the child's birth;
(q) Extended Family refers to a relative of a child, both on the paternal 
and maternal sidej within the fourth degree of consanguinity;
(r) Family refers to the parents or brothers and sisters, whether of the 
full or half-blood, of the child;
(s) 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;
(t) 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;
(u) Foster Child refers to a child placed under foster care;
(v) 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
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
1
(2) Volunteer Family refers to a foster family which does not receive any 
material provision or incentive from the agency.
(w) Foster Parent refers to a person, duly licensed by the Department 
of Social Welfare and Development (DSWD), to provide foster care;
(x) Foster Placement Authority (FPA) refers to the document issued by 
the NACC authorizing the placement of a particular child with the foster 
parent;
(y) 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 "foundling";
(z) 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;
(aa) 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;
(bb) 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;
(cc) 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 a resident outside Philippine 
territory which complies with the principles stated in the Hague 
Convention of 1993;
(dd) Matching refers to the judicious pairing of a child with a foster 
parent and family members based on the capacity and commitment of


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
1
the foster parent to meet the individual needs of the particular child 
and the capacity of the child to benefit from the placement;
(ee) Parent TQfQvs to the biological or adoptive parent or legal guardian 
of a child;
(ff) Placement refers to the physical entrustment of the child with the 
foster parent;
(gg) 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;
(hh) Relatives refer to the relatives of a child, other than family 
members, within the fourth degree of consanguinity or affinity;
(ii) Residence 
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, 7T75f 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;
(jj) Social Worked 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.


1 
(kk) Supervised Trial Custody refers to a period of time within which a
2 
social worker oversees the adjustment and emotional readiness of both
3 
adopter(s) and adoptee in stabilizing their filial relationship. ; and
4 
(II) Voluntarily Committed Child refers to the one whose parent(s) or
5 
legal guardian knowingly and willingly relinquished parental authority
6 
to the NACC, or any duly accredited child-placement or child-caring
7 
agency.
8 
Sec. 4. Guiding Principles o f Alternative Child Care. -  Alternative Child Care
9 
(ACC) shall be guided by the following:
10 
l.T he family being the fundamental group of society and the natural
11 
environment for the growth, well-being, and protection of children, efforts should
12 
primarily be directed to enable the child to remain in or return to the care of his/her
13 
parents, or when appropriate, extended family members;
14 
2. The State should ensure that families have access to forms of support in the
15 
caregiving role. Every child and young person should live in a supportive, protective,
16 
and caring environment that promotes his/her full potential. Children with inadequate
17 
or no parental care are at special risk of being denied such a nurturing environment;
18 
3. Where the child's own family is unable, even with appropriate support, to
19 
provide adequate care for the child, or abandons, or relinquishes the child, the State
20 
is responsible for protecting the rights of the child and ensuring appropriate
21 
alternative care, with or through competent local authorities and duly authorized civil
22 
society organizations;
23 
4. It is the role of the State, through its competent authorities, to ensure the
24 
supervision of the safety, well-being, and development of any child placed in
25 
alternative care and the regular review of the appropriateness of the care
26 
arrangement provided;
27 
5. All decisions, initiatives and approaches falling within the scope of the
28 
present guidelines should be made on a case-by-case basis, with a view, notably, to
29 
ensuring the child's safety and security, and must be grounded in the best interests
30 
and rights of the child concerned, in conformity with the principle of non-
31 
discrimination and taking due account of the gender perspective;


1 
6. The Principle of Subsidiary requires that all efforts shall be exerted to ensure
2 
that local solutions should be first found before a child is placed for inter-country
3 
adoption;
4 
7. Adoptive parents, as well as foster parents, must be protected from
5 
attempts to disturb their parental authority and custody over their adopted or
6 
fostered child;
7 
8. All decisions concerning alternative care should take full account of the
8 
desirability of maintaining, as much as possible, closeness to the child's habitual place
9 
of residence, in order to facilitate contact and potential reintegration with the family
10 
and to minimize disruption of educational, cultural, and social life;
11 
9. Decisions regarding children in alternative care, should have due regard for
12 
the importance of ensuring children a family-based care, group foster care, and of
13 
meeting their basic need for safe and long-term relationship to their caregivers, with
14 
permanency generally being a key goal;
15 
10. Children must be treated with dignity and respect at all times and must
16 
benefit from effective protection from abuse, neglect, and all forms of exploitation,
17 
whether on the part of care providers, peers, or third parties, in whatever care setting
18 
they may find themselves;
19 
11. Siblings, with existing bonds, should in principle not be separated from
20 
placements in alternative care unless there is a clear risk of abuse or other
21 
justification in the best interest of the child. In any case, every effort should be made
22 
to enable siblings to grow together, maintain contact with each other, unless this is
23 
against their wishes or interests;
24 
12. All entities and individuals engaged in the provision of alternative child care
25 
which received due authorization to do so from competent authority are subject to
26 
regular monitoring and review. Authorities should develop appropriate criteria for
27 
assessing the professional and ethical fitness of care providers and for their
28 
accreditation, monitoring, and supervision;
29 
13. Provisions of alternative child care should never be undertaken with a
30 
prime purpose of furthering the political, religious, or economic goals of the providers;
31 
and


1 
14. Such other principles in accordance with the UN Convention on the Rights
2 
of the Child.
3 
ARTICLE I I
4 
NATIONAL AUTHORITY FOR CHILD CARE
5 
Sec. 5. National Authority for Child Care (NACC)-To create a one stop shop
6 
on alternative child care, the Inter Country Adoption Board (ICAB) is hereby
7 
reorganized to become the National Authority for Child Care (NACC), attached to the
8 
Department of Social Welfare and Development (DSWD). All functions of the ICAB,
9 
the DSWD, and those of other government agencies relating to alternative child care
10 
are hereby transferred to the NACC. The Department of Budget and Management, in
11 
coordination with the ICAB and the DSWD, shall formulate a cohesive organizational
12 
structure with corresponding plantilla positions responsive to fulfill the functions and
13 
divisions of the NACC as stipulated under Sections 6 and 7 of this Act.
14 
Sec. 6. Functions o f the NACC. -  The functions of the NACC shall include the
15 
following:
16 
(a) Formulate and develop policies on adoption, foster care, guardianship
17 
leading to adoption, and other alternative child care policies such as but not limited
18 
to programs and services that will protect the Rlipino child from abuse, exploitation,
19 
trafficking, and adoption practice that is harmful, detrimental and prejudicial to the
20 
best interests of the child;
21 
(b) Implement adoption, foster care, guardianship leading to adoption policies,
22 
programs and services;
23 
(c)Set standards and guidelines on adoption including pre and post legal
24 
adoption services. Accredit and authorize foreign private adoption agencies which
25 
have demonstrated professionalism and have consistently pursued non-profit
26 
objectives to engage in the placement of Filipino children in their own country;
27 
(d) Monitor and assess compliance of all agencies/stakeholders both local and
28 
foreign involved in adoption;
29 
(e) Assess the progress and identify gaps in the implementation of the law and
30 
come up with policy recommendations;
10


1 
(f) Conduct national information dissemination and advocacy campaign on
2 
alternative child care;
3 
(g) Keep records of all adoption cases, foster care cases, and cases of
4 
guardianship leading to adoption, and provide periodic information and reports on the
5 
performance of the office;
6 
(h) Conduct researches on alternative child care policies or in related fields to
7 
further improve and strengthen the office programs and services and for policy
8 
formulation and development;
9 
(i) Provide technical assistance and conduct capability building activities to all
10 
concerned agencies and stakeholders; and
11 
(j) Accreditation of child placing and liaison agencies involved in the process of
12 
adoption and foster care.
13 
Sec. 7. Composition o f the NACC -  The NACC shall be composed of a Council
14 
and a Secretariat.
15 
There shall be a NACC Council to address child welfare policies which shall
16 
constantly adjust to ongoing studies on alternative child-care. It shall be composed of
17 
permanent and alternative members from the concerned national government
18 
agencies, different child-care and placement agencies, adoptive agencies, as well as
19 
non-governmental organizations engaged in child-care and placement activities.
20 
The Secretariat shall be headed by an Executive Director, assisted by a Deputy
21 
Director, which shall have divisions and units. There shall also be Regional Alternative
22 
Child Care Officer/s for each region of the country.
23 
The Department of Budget and Management (DBM) in coordination with the
24 
Inter-country Adoption Board (ICAB) and DSWD shall create the plantilla positions
25 
necessary for the performance of NACC's functions.
26
27 
BOOK I I
28 
ADOPTION
11


1 
ARTICLE I
2 
PROCEDURES FOR ADOPTION
3 
A. PROCEDURE FOR DOMESTIC ADOPTION
4 
Sec. 8. Pre-Adoption Program. -  The NACC shall develop a pre-adoption
5 
program which shall include, among others, the services of licensed social workers to
6 
the following:
7 
(a) Biological Parent(s) -  Counselling shall be provided to the parent(s) before
8 
and after the birth of the child. No binding commitment to an adoption plan shall be
9 
permitted before the birth of the child. A period of three (3) months shall be allowed
10 
for the biological parent(s) to reconsider any decision to relinquish a child for adoption
11 
before the decision becomes irrevocable. Counselling and other appropriate social
12 
service interventions and services shall also be offered to the biological parent(s) after
13 
the child has been relinquished for adoption.
14 
Steps shall be taken by the NACC to ensure that no hurried decisions are made
15 
and all alternatives for the child's future and the implications of each alternative have
16 
been provided.
17 
(b) Prospective Adoptive Parent(s) -  Counselling sessions, adoption fora and
18 
seminars, among others, shall be provided to prospective adoptive parent(s) to
19 
resolve possible adoption issues and to prepare them for effective parenting; and
20 
(c) Prospective Adoptee -  Counselling sessions shall be provided to ensure that
21 
the child understands the nature and effects of adoption and is able to express views
22 
on adoption in accordance with the child's age level of maturity.
23 
Sec. 9. Location o f Unknown Parent(s). - It shall be the duty of the NACC or
24 
the child-placing or child-caring agency which has custody of the child to exert all
25 
efforts to locate the unknown biological parent(s). If such efforts fail, the child shall
26 
be registered as a foundling and subsequently be declared abandoned.
27 
Sec. 10. Who May Be Adopted. -  The following may be adopted:
28 
(a) Any child who has been administratively declared available for adoption;
29 
(b) The legitimate child of one spouse by the other spouse;
30 
(c) An illegitimate child by a qualified adopter to improve status of legitimacy;
12


1 
(d) A person of legal age if, prior to the adoption, said person has been
2 
consistently considered and treated by the adopters as their own child since minority;
3 
(e) A child whose adoption has been previously rescinded;
4 
(f) A child whose biological or adoptive parent(s) has died: Provided, That no
5 
proceedings shall be initiated within six (6) months from the time of death of said
6 
parent(s); or
7 
(g) A child not otherwise disqualified by law.
8 
Sec. 11. Who May Adopt -  The following may adopt:
9 
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal
10 
rights, of good moral character, has not been convicted of any crime involving moral
11 
turpitude which may affect the adopted child's healthy social interactions, appropriate
12 
character development and modelling, is emotionally and psychologically capable of
13 
caring for children, is at least sixteen (16) years older than the adoptee, and is in a
14 
position to support and care for adopted children in keeping with the means of the
15 
family. The requirement of sixteen (16) year difference between the age of the
16 
adopter and the adoptee maybe waived when the adopter is the biological parent of
17 
the adoptee, or is the spouse of the adoptee's parent;
18 
(b) Any alien possessing the same qualifications as above stated for Filipino
19 
nationals: Provided, That the alien's country has diplomatic relations with the Republic
20 
of the Philippines, that the alien has been living in the Philippines for at least three
21 
(3) continuous years prior to the filing of the application for adoption and maintains
22 
such residence until the adoption decree is entered, that the alien has been certified
23 
by his/her diplomatic or consular office or any appropriate government agency that
24 
the alien has the legal capacity to adopt in his/her own country, and that the alien's
25 
government allows the adoptee to enter his/her country as the alien's adopted
26 
son/daughter: Provided, Further, That the requirements on residency and certification
27 
of the alien's qualification to adopt in his/her country may be waived for the following:
28 
i) 
A former Filipino citizen who seeks to adopt a relative within the fourth
29 
(4th) degree of consanguinity or affinity; or
30 
ii) 
One who seeks to adopt the legitimate son/daughter of his/her Filipino
31 
spouse; or
13


1 
iii) 
One who is married to a Filipino citizen and seeks to adopt jointly with
2 
his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of
3 
the Filipino spouse.
4 
(c)The guardian with respect to the ward after the termination of the
5 
guardianship and clearance of financial accountabilities; or
6 
(d) Filipinos such as officers and staff of various Philippine government
7 
agencies working abroad and Overseas Filipino Workers (OFW).
8 
Husband and wife shall jointly adopt, except in the following cases:
9 
(1) If one spouse seeks to adopt the legitimate child of the other;
10 
(2) If one spouse seeks to adopt own illegitimate child: Provided, That the
11 
other spouse has signified consent thereto;
12 
(3) If the spouses are legally separated from each other; or
13 
In case husband and wife jointly adopt or one spouse adopts the illegitimate
14 
child of the other, joint parental authority shall be exercised by the spouses.
15 
Sec. 12. Whose Consent is Necessary to the Adoption. -  After being properly
16 
counselled and informed of the right to give or withhold approval of the adoption, the
17 
written consents of the following to the adoption are hereby required:
18 
(a) The adoptee, if ten (10) years of age or over;
19 
(b) The biological parent(s) of the child, if known, or the legal guardian, or the
20 
proper government instrumentally which has legal custody of the child;
21 
(c) The legitimate and adopted children, ten (10) years of age or over, of the
22 
adopter(s) and adoptee(s) if any;
23 
(d) The illegitimate children, ten (10) years of age or over of the adopter if
24 
living with said adopter or over whom the adopter exercises parental authority and
25 
the adopter's spouse, if any; and
26 
(e) The spouse, if any, of the person adopting or to be adopted.
27 
Sec. 13. Where to Fiie Application. -  A person eligible to adopt under Article I,
28 
Section 16 of this Act who desires to adopt a child in the Philippines and has attended
29 
adoption fora and seminars, shall file their application for adoption with the NACC or
30 
with any licensed accredited child placing agency.
14


1 
Sec. 14. Case Study. -  No petition for adoption shall be forwarded to the NACC
2 
unless a licensed social worker of the NACC, the social service office of the local
3 
government unit, or any child-placing or child-caring agency has made a case study
4 
of the adoptee, the biological parent(s), as well as the adopter(s), and has submitted
5 
the report and recommendations on the matter to the NACC for the issuance of the
6 
adoption certificate.
7 
At the time of preparation of the adoptee's case study, the concerned social
8 
worker shall confirm with the Philippine Statistics Authority (PSA) the real identity and
9 
registered name of the adoptee. If the birth of the adoptee was not registered with
10 
the PSA, it shall be the responsibility of the concerned social worker to ensure that
11 
the adoptee is registered.
12 
The case study on the adoptee shall establish that the said child adoptee is
13 
legally available for adoption and that the documents to support this fact are valid
14 
and authentic. Further, the case study of the adopter(s) shall ascertain his/her
15 
genuine intentions and that the adoption is in the best interest of the child.
16 
The case studies and other relevant documents and records pertaining to the
17 
adoptee and the adoption shall be preserved by the NACC.
18 
Sec. 15. Fees, Charges and Assessments, -  Fees, charges, and costs may be
19 
imposed, subject to reasonable rates as determined by the NACC, to cover expenses
20 
in providing adoption services; Provided, That paramount consideration shall be given
21 
to the financial capability of the adopters to encourage adoption even for lower- and
22 
middle-income families.
23 
Sec. 16. Family Seiection/Matching. -  The matching of the child to approved
24 
adoptive parent(s) shall be carried out during the regular matching conference by a
25 
Matching Committee in the regional level where the social workers of the child and
26 
family are present; Provided, That records of children and approved adoptive parents
27 
not matched within ninety (90) days from the regular matching conference in the
28 
regional level shall be forwarded to the 
NACC Central office for inter-country
29 
matching; Provided, further. That the children with special needs shall be immediately
30 
forwarded to the NACC Central Office within twenty (20) days if not matched in the
15


1 
first meeting, except under special circumstances. All matching proposals shall be
2 
approved by the NACC to be final.
3 
Sec. 17. Supervised Trial Custody. -  No petition for adoption shall be granted
4 
unless the adopter(s) has undergone a supervised trial custody period for at least six
5 
(6) months within which the parties are expected to adjust psychologically and
6 
emotionally to each other and establish a bonding relationship. During said period,
7 
temporary parental authority shall be vested in the adopter(s).
8 
The NACC may motuproprioox upon motion of any party reduce the trial period
9 
to at least four (4) months if it finds the same to be in the best interest of the adoptee,
10 
stating the reasons for the reduction of the period. However, for alien adopter(s), the
11 
alien must complete the six- (6) month trial custody except for those enumerated in
12 
Section 11 (b) (i) (ii) (iii).
13 
The prospective adopters shall assume all the responsibilities, rights, and duties
14 
to which biological parents are entitled from the date the adoptee is placed with the
15 
prospective adopters.
16 
Sec. 18. Certificate o f Adoption. -  In all proceedings for adoption, the NACC
17 
shall decide on the basis of all the documents presented to it, including, but not limited
18 
to, a proof that the biological parent(s) have been properly counselled to prevent
19 
them from making hurried decisions caused by stress or anxiety to give up the child
20 
and to sustain that all measures to strengthen the family have been exhausted and
21 
that any prolonged stay of the child at home will be inimical to the welfare and interest
22 
of the child. There shall be no adversarial proceedings in adoption and all cases shall
23 
be decided within thirty (30) days from submission of all the complete documents
24 
required by the NACC.
25 
If, after the submission of the required documents for adoption and no
26 
opposition has been interposed to the petition, the NACC is convinced that the
27 
petitioners are qualified to adopt, and that the adoption would redound to the best
28 
interest of the adoptee, a Certificate of Adoption shall be entered which shall be
29 
effective as of the date the original petition was filed. This provision shall also apply
30 
in case the adopter(s) dies before the issuance of the certificate of adoption to protect
31 
the interest of the adoptee. The certificate shall state the name by which the child is
16


1 
to be known. The certificate of adoption shail be issued within thirty (30) days upon
2 
the fuifiilment of ali the requirements set by the NACC.
3 
Sec. 19. The Birth Certificate. -  An amended certificate of birth shali be issued
4 
by the Philippine Statistics Authority (PSA), as required by the Rules of Court, attesting
5 
to the fact that the adoptee is the child of the adopters by being registered with
6 
adopters' surname. The original certificate of birth shall be stamped "cancelled" with
7 
the annotation of the issuance of the amended birth certificate in its place and shall
8 
be sealed in the civil registry records. The new birth certificate to be issued to the
9 
adoptee shall not bear any notation that it is an amended issue or that the child is an
10 
orphan, abandoned or foundling.
11 
B. PROCEDURE FOR INTER-COUNTRY ADOPTION
12 
Sec. 20. Who May Be Adopted. -  All children legally free for domestic adoption
13 
may be the subject of inter-country adoption.
14 
Sec. 21. Documents o f Prospective Adoptive Chiid. -  In order that such child
15 
may be considered for placement, the following documents must be submitted to the
16 
NACC:
17 
(a) Child study report;
18 
(b) Birth certificate/foundling certificate issued by the PSA;
19 
(c) Certified true copy of the certification that the child is administratively
20 
available for adoption;
21 
(d) Medical evaluation/history including that of the child's biological parent(s),
22 
if known, and updated medical abstract;
23 
(e) Deed of voluntary commitment or decree of abandonment or certified true
24 
copy of the death certificate of the child's birthparent(s), if applicable;
25 
(f) Psychological evaluation, as may be necessary; and
26 
(g) Most recent whole body size picture of the child, if applicable; Provided,
27 
That any physical impairment of the child should be visible in the picture.
28 
Sec. 22. Who May Adopt. -  Foreign nationals or Filipino citizens permanently
29 
residing abroad may file application for inter-country adoption of a Filipino child if
30 
they:
31 
(a) Come from a country:
17


1 
(i) With whom the Philippine has diplomatic relations;
2 
(ii) Whose government have clear guidelines on inter-country adoption and
3 
maintains a foreign adoption agency;
4 
(iii) Whose laws allow such adoption; and
5 
(iv) Whose laws allow adopted children to acquire the citizenship of their
6 
adoptive parents.
7 
(b) At least twenty-seven (27) years of age and at least sixteen (16) years older
8 
than the child to be adopted at the time of application, unless the adopter is the
9 
parent by nature of the child to be adopted or the spouse of such parent; Provided,
10 
That if the adopter is married, his/her spouse must jointly file for the adoption;
11 
(c) Have the capacity to act and assume all rights and responsibilities of
12 
parental authority under national laws, and has undergone the appropriate counselling
13 
from an accredited counsellor in their countries;
14 
(d) Have not been convicted of a crime involving moral turpitude;
15 
(e) Are eligible to adopt under their national laws;
16 
(f) Are in a position to provide the proper care and support and to give the
17 
necessary moral values and example to all his children, including the child to be
18 
adopted;
19 
(g) Agree to uphold the basic rights of the child as embodied under Philippine
20 
laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and
21 
regulations issued to implement the provisions of this Act; and
22 
(h) Possess all the qualifications and none of the disqualifications provided
23 
herein and in other applicable Philippine laws.
24 
Sec. 23. Where to File Application. -  The application for inter-country adoption
25 
shall be filed with the NACC, Philippine embassy, governmental agency or authorized
26 
and accredited agency of the receiving country where the applicants are habitual
27 
residents. Said application shall be in accordance with the requirements as set forth
28 
in the implementing rules and regulations (IRR) to be promulgated by the NACC.
29 
The application shall be supported by the following documents written and
30 
officially translated in English:
31 
(a) 
Birth certificate of the applicant(s);
18


1 
(b) 
Marriage contract, if married, and divorce decree, if applicable;
2 
(c) Written consent of their biological or adoptive children above ten (10)
3 
years of age, in the form of a sworn statement;
4 
(d) Physical, medical, and psychological evaluation by a duly licensed physician
5 
or psychologist;
6 
(e) Income tax returns or any document showing the financial capability of the
7 
applicant(s);
8 
(f) Police clearance of the applicant(s);
9 
(g) Character from the local church/minister, the applicant's employer and
10 
member of the immediate community who have known the applicant(s) for at least
11 
five (5) years;
12 
(h) Recent post-card size pictures of the applicant(s) and his/her immediate
13 
family;
14 
(i) Other documents that the NACC may further require.
15 
Sec. 24. Pre-Adoptive Placement Costs. -  The applicants shall bear the
16 
following costs incidental to the placement of the child:
17 
(a) The cost bringing the child from the Philippines to the residence of the
18 
applicants abroad, including all travel expienses within the Philippines and abroad; and
19 
(b) The cost of the child's passport, visa, 
medical examination and
20 
psychological evaluation if required, and other related expenses.
21 
Sec. 25. Fees, Charges and Assessment -  The NACC may charge reasonable
22 
fees to cover expenses in providing adoption services. The applicant(s) shall be
23 
apprised of the fees from the beginning of their application.
24 
Fees, charges, and assessments collected by the NACC in the exercise of its
25 
functions shall be used solely to process applications for inter-country adoption and
26 
to support the activities of the NACC.
27 
Sec. 26. Family Selection/Matching. -  No child shall be matched to a foreign
28 
adoptive family unless it is satisfactorily shown that the child cannot be adopted
29 
locally. The clearance, as issued by the NACC, with a copy of the minutes of the
30 
meetings, shall form part of the records of the child to be adopted.
19


1 
When the Placement Authority has been transmitted and duly received by the
2 
authorized and accredited agency of the prospective adopter and all the travel
3 
documents of the child are ready, the adoptive parents or anyone of them, shall
4 
personally fetch the child in the Philippines.
5 
Sec. 27. Supervision o f Thai Custody Assessments. -  The government agency
6 
or the authorized and accredited agency shall submit to the NACC for the trial custody
7 
and the care of the child and shall be responsible for the trial custody and shall also
8 
provide family counselling and other related cases. The trial custody shall be for a
9 
period of six (6) to eight (8) months from the time of placement. Only after the lapse
10 
of the period of trial custody shall a Certificate of Adoption be issued in the said
11 
country, a copy of which shall be sent to the NACC to form part of the records of the
12 
child.
13 
During the trial custody, the adopting parent(s) shall submit to the government
14 
agency or the authorized and accredited agency, which shall in turn transmit a copy
15 
to the NACC, a progress report of the child's adjustment. The progress report shall be
16 
taken into consideration in deciding whether or not to issue the Certificate of Adoption.
17 
The NACC, the government agency, or its authorized and accredited agency
18 
and the Philippine Embassy or Consular Office in the country of the adoptive parents
19 
where the application for inter-country adoption was filed, shall monitor Filipino
20 
children sent abroad for trial custody. The DFA shall set up a system for the
21 
repatriation of a Filipino child whose adoption has not yet been approved.
22 
Sec. 28. Certificate o f Adoption. -  If there is no opposition interposed to the
23 
petition after the submission of the required documents for adoption by the NACC and
24 
after the period of trial custody, the NACC is convinced that the petitioners are
25 
qualified to adopt and that the adoption would redound to the best interest of the
26 
adoptee, a Certificate of Adoption shall be entered which shall be effective as of the
27 
date the original petition was filed. This provision shall also apply in case the petitioner
28 
dies before the issuance of the Certificate of Adoption to protect the interest of the
29 
adoptee. After due coordination with the PSA, the NACC shall state in the certificate
30 
the name by which the child is to be known. The Certificate of Adoption shall be issued
31 
within thirty (30) days upon the fulfillment of all the requirements set by the NACC.
20


1 
Sec. 29. Post-Adoption Services. -  There shall be Post Adoption Services in
2 
the form of 
psycho-social and support services to the child if, by the social worker
3 
of the NACC after the adoption has been legally completed.
4 
Sec. 30. Agreements on Inter-Country Adoption. -  The Philippines may enter
5 
into bilateral treaties or executive agreements on the matter of Inter-Country Adoption
6 
Procedure. The NACC, in coordination with the Department of Justice (DOJ) and the
7 
DFA, upon representation of the NACC, shall cause the preparation of executive
8 
agreements with countries of the foreign adoption agencies to ensure the legitimate
9 
concurrence of said countries in upholding the safeguards provided by this Act.
10 
Thereafter, the NACC shall ensure that international bodies involved in inter-country
11 
adoption, such as the permanent Bureau o f the Hague Convention on Inter-Country
12 
Adoption, are informed of the contact details of the authorities in the Philippines,
13 
including the DFA and Philippine Missions abroad, which have roles in the process of
14 
inter-country adoption.
15 
C. PROCEDURE FOR RECTIFICATION OF SIMULATED BIRTHS
16 
Sec. 31. Rectification o f Simuiated Births. -  A person who has, prior to the
17 
effectivity of Republic Act No. 11222 or the Simulated Birth Rectification Act C'R-A.
18 
No. 11222"), simulated the birth of a child, and those who cooperated in the execution
19 
of such simulation, shall not be criminally, civilly, or administratively liable for such
20 
act. Provided, That the simulation of the birth was made for the best interest of the
21 
child and that child has been consistently considered and treated as the person's own
22 
child. Provided, further. That the application for correction of the birth registration
23 
and petition for adoption shall be filed within ten (10) years from the effectivity of
24 
R.A. No. 11222 and completed thereafter. Provided, finaiiy. That such person complies
25 
with the procedure as specified in Article I, Book II of this Act and other requirements
26 
as determined by the NACC. All benefits provided for under this Act and R.A. No.
27 
11222 shall also apply to adult adoptees.
28 
Sec. 32. Inadmissible Evidence. -  All petitions, documents, records, and papers
29 
relating to adoption and rectification of simulated births under R.A. No. 11222 and
30 
this Act cannot be used as evidence against those who simulated the birth of a child
21


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
1
or who cooperated in the execution of such simulation in any criminal, civil, or 
administrative proceeding.
Sec. 33. Administrative Adoption and Rectification. -  
A person who has 
simulated the birth of a child under the conditions provided for under Section 31 and 
who has the qualifications as provided for under Section 11 of this Act may avail of 
the administrative proceedings for the adoption of the child by filing a petition for 
adoption with the NACC.
The petition for adoption with an application for rectification of simulated birth 
record shall be in the form of an affidavit and shall be subscribed and sworn to by the 
petitioner(s) before any person authorized by law to administer affirmation and oaths. 
It shall state the facts necessary to establish the merits of the petition, and 
circumstances surrounding the simulation of the birth of the child. The petition shall 
be supported by:
(a) 
A copy of the simulated birth or foundling certificate of the child;
(b) 
Affidavit of admission if the simulation of birth was done by a
third person;
(c) 
Certification issued and signed by the punong barangay attesting 
that the petitioner(s) is a resident of the barangay, and that the child has been living 
with the petitioner(s) for at least three (3) years before the effectivity of R.A. No. 
11222;
(d) 
Affidavits of at least two (2) disinterested persons, who reside in 
the same barangay where the child resides, attesting that the child has been living 
with the petitioner or at least three (3) years prior to the effectivity of R.A. No. 11222;
(e) 
Certificate Declaring the Child Legally Available for Adoption 
(CDCLAA) issued by the DSWD; Provided, That a CDCLAA shall no longer be required 
if the adoptee is already an adult or a relative of the adopter within the fourth degree 
of consanguinity or affinity.; and
(f) 
Photographs of the child and the petitioner(s) taken within the 
last three (3) months prior to the filing of the petition.
Sec. 34. Certificate o f Adoption. - I f  the NACC determines that the adoption 
shall redound to the best interest of the child, a Certificate of Adoption shall be issued
22


1 
which shall take effect on the date the petition was filed with the NACC, even if the
2 
petitioner dies before the issuance.
3 
The Certificate of Adoption shall state the name by which the adoptee shall be
4 
known and shall likewise direct the:
5 
(a) 
Cancellation of the simulated birth record of the child;
6 
(b) 
Issuance of the rectified birth record bearing the names of the
7 
biological parents 
of the child or 
the issuance of the foundling certificate; and
8 
(c) 
Issuance of the new birth certificate in accordance with Section
9 
19 of this Act.
10 
Sec. 35. Information Dissemination. -  The local social welfare office and the
11 
barangays within its coverage shall conduct a massive campaign against simulation of
12 
birth, sale and trafficking of children. A survey and list of simulated births in every
13 
barangay shall be submitted to the local NACC for assessment and filing of legal;
14 
adoption under the provisions of this Act.
15 
ARTICLE I I
16 
EFFECTS OF ADOPTION
17 
Sec. 36. Parentai Authority. -  Upon issuance of the Certificate of Adoption,
18 
adoption shall cease as alternative care and becomes parental care. Adoptive parents
19 
shall now have full parental authority over the child. 
Except in cases where the
20 
biological parent is the spouse of the adopter, all legal ties between the biological
21 
parent(s) and the adoptee shall be severed and the same shall then be vested on the
22 
adopter(s).
23 
Sec. 37. Legitimaq^. -T h e  adoptee shall be considered the legitimate child of
24 
the adopter(s) for all intents and purposes and as such is entitled to all the rights and
25 
obligations provided by the law to legitimate children born to them without
26 
discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and
27 
support in keeping with what the family can afford.
28 
Sec. 38. Succession. -  In legal and intestate succession, the adopter(s) and
29 
the adoptee shall have reciprocal rights of succession without distinction from
30 
legitimate filiations. However, if the adoptee and his/her biological parent(s) had left
31 
a will, the law on testamentary succession shall govern. In cases of inter-country
23


1 
adoption, the national law of the adoptive parents shall apply, as far as it is beneficial
2 
to the adopted child.
3 
Sec. 39. Benefits. -  The adoptive parent(s) shall, with respect to the adopted
4 
child, enjoy all the benefits to which the biological parent(s) are entitled. Maternity
5 
and paternity benefits and other benefits given to the biological parent(s) upon the
6 
birth of a child shall be enjoyed if the adoptee is below seven (7) years of age upon
7 
the issuance of the Pre-Adoptive Placement Authority issued by the NACC.
8 
In cases of inter-country adoption, the pertinent laws as to benefits given to
9 
adoptive parents by their respective States shall govern.
10 
ARTICLE I I I
11 
RESCISSION OF ADOPTION
12 
Sec. 40. Grounds for Rescission o f Adoption. -  Upon petition of the adoptee,
13 
and with the assistance of the NACC, if adoptee is a child, the adoption may be
14 
rescinded on any of the following grounds committed by the adopter(s):
15 
(a) Repeated physical and verbal maltreatment by the adopter(s);
16 
(b) Attempt on the life of the adoptee;
17 
(c) Sexual assault or violence;
18 
(d) Abandonment and failure to comply with parental obligations; or
19 
(e) Other acts that are detrimental to the psychological and emotional
20 
development of the adoptee.
21 
Adoption being in the best interest of the child shall not be subject to rescission
22 
by adopters. However, the adopters may disinherit the adoptee for causes as provided
23 
for in Article 919 of the Civil Code, in cases of domestic adoption. In cases of inter-
24 
country adoption, the national law of the adopter shall govern. The petition shall be
25 
filed with the NACC.
26 
Sec. 41. Effects o f Rescission. -  If the petition for rescission of adoption is
27 
granted, the parental authority of the adoptee's biological parent(s), if known, or the
28 
legal custody of the NACC shall be restored if the adoptee is still a child. The reciprocal
29 
right and obligations of the adopter(s) and the adoptee to each other shall be
30 
extinguished.
24


1 
The NACC shall order the Civil Registrar General to cancel the amended birth
2 
certificate and restore the original birth certificate of the adoptee.
3 
Succession rights shall revert to its status prior to adoption, but only as of the
4 
date of the approval of the petition for rescission of adoption. Vested rights acquired
5 
prior to rescission shall be respected.
6 
All the foregoing effects of rescissions of adoption shall be without prejudice to
7 
the penalties imposable under the Revised Penal Code if the criminal acts are properly
8 
proven.
9 
ARTICLE IV
10 
NATURE OF ADOPTION PROCEEDINGS
11 
Sec. 42. Confidential Proceedings & Records. -  All proceedings in adoption
12 
cases shall be confidential and shall not be open to the public. All records, books, and
13 
papers relating to the adoption cases in the files of the court, the NACC, or any other
14 
agency or institution participating in the adoption proceedings shall be kept strictly
15 
confidential.
16 
Sec. 43. Disclosure; Exceptions. -  If the NACC finds the disclosure of the
17 
information to a third person is necessary for purposes connected with or arising out
18 
of the adoption and will be for the best interest of the adoptee, the NACC may merit
19 
the necessary information to be released, restricting the purposes for which it may be
20 
used.
21 
Sec. 44. Consent -  No copy thereof as well as any information relating hereto
22 
shall be released without written authority from the NACC or the written request of
23 
any of the following:
24 
(a) The adopted child, with appropriate guidance and counselling, or a duly
25 
authorized representative, spouse, parent or parents, direct descendants, or guardian
26 
or legal institution legally in charge of the adopted person, if minor;
27 
(b) The court or proper public official whenever necessary in an administrative,
28 
judicial, or other official proceeding to determine the identity of the parent or parents
29 
or of the circumstances surrounding the birth of the adopted child; or
30 
(c) The nearest kin, in case of death of the adopted child.
25


1 
The NACC shall ensure that information held by them concerning the origin of
2 
the adopted child, in particular the identity of his/her biological parents, is preserved.
3 
BOOK I I I
4 
FOSTER CARE
5 
ARTICLE I
6 
FOSTER CARE AS PROGRAM OF NACC
7 
Sec. 45. Foster Care as Mandatory and Permanent Program o f NACC -  The
8 
NACC shall systematize and enhance foster caring in the country. It shall ensure that
9 
foster families promote and motivate the foster children to relate with their biological
10 
or adoptive family, as the case may be, and shall provide the wholesome atmosphere
11 
to encourage bonding. The rights of biological children of foster families shall be
12 
protected and in no case shall they be disadvantaged as a result of the placement of
13 
a foster child. NACC shall endeavor to maintain and improve foster care services as
14 
its mandatory and permanent program.
15 
Sec. 46. Foster Care Committees. -  The Regional Foster Care Committees
16 
maybe convened by the NACC whenever there are difficulties in the foster placements.
17 
The Committee shall be composed of multi-disciplinary team of professionals
18 
responsible for resolving the difficulties in a foster placement.
19 
Sec. 47. Advocacy Campaign. -  National government agencies (NGAs), non-
20 
government organizations (NGOs), 
peoples organizations (POs), faith based
21 
organizations, and civil society shall reach out to communities to recruit applicants for
22 
foster care.
23 
Sec. 48. Recruitment and Development o f Foster Parents. -NGAs, NGOs, local
24 
government units (LGUs), and POs shall develop foster parents who shall provide
25 
foster care to children.
26 
Sec. 49. Issuance o f License. -  The NACC shall issue a foster license to parents
27 
who were approved as foster parents based on the home study report submitted by
28 
the agency to determine the motivations, capacities and potentials for development
29 
of applicants. The license is valid for three (3) years unless otherwise revoked by the
30 
NACC.
31 
ARTICLE I I
26


1 
PROCEDURES FOR FOSTER CARE
2 
Sec. 50. Who May Be Placed Under Foster Care. -  A child in any of the
3 
following conditions may be placed in a foster family:
4 
(a) Abandoned, surrendered, neglected, dependent, or orphaned;
5 
(b) Victim of sexual, physical, or any other form of abuse or exploitation;
6 
(c) With special needs;
7 
(d) Whose family members are temporarily or permanently unable or unwilling
8 
to provide the child with adequate care;
9 
(e) Awaiting adoptive placement and who would have to be prepared for
10 
family life;
11 
(f) Needs long-term care and close family ties but who cannot be placed for
12 
domestic adoption;
13 
(g) Whose adoption has been disrupted;
14 
(h) Under socially difficult circumstances such as, but not limited to, a street
15 
child, a child in armed conflict, or a victim of child labor or trafficking;
16 
(i) Committed a minor offense but is released on recognizance, or who is in
17 
custody, supervision, or whose case is dismissed;
18 
0) In need of special protection as assessed by a social worker, an agency, or
19 
the NACC; or
20 
(k) Matched for adoption.
21 
Provided, That in the case of (b), (c), (f), (h), (i), and Q), the child must have
22 
no family willing and capable of caring and providing for him.
23 
Sec. 51. Who May Be a Foster Parent -  The kin or relatives of the foster child,
24 
if willing and available, as well as persons who have already filed a petition for
25 
adoption of the child to be fostered become the priority prospective foster family. All
26 
applicants, including the kin or relatives of the foster child, must meet all the following
27 
qualifications:
28 
(a) Of legal age;
29 
(b) At least sixteen (16) years older than the child unless the foster parent is
30 
a relative;
27


1 
(c) Have a genuine interest, capacity, and commitment in parenting and is
2 
able to provide a familial atmosphere for the child;
3 
(d) Able to provide a family atmosphere for the child;
4 
(e) Have a healthy and harmonious relationship with each family member
5 
living with him or her;
6 
(f) Be of good moral character;
7 
(g) Be physically and mentally capable and emotionally mature;
8 
(h) Have sufficient resources to be able to provide for the family's needs;
9 
(i) Be willing to further hone or be trained on knowledge, attitudes and skills
10 
in caring for a child; and
11 
(j) Not already have the maximum number of children under his foster care at
12 
the time of application or award, as may be provided in the implementing rules and
13 
regulations (IRR) of this Act.
14 
Provided, That in determining who is the best suited foster parent, the relatives
15 
of the child shall be given priority, so long as they meet the above qualifications:
16 
Provided, further. That an alien possessing the above qualifications and who has
17 
resided in the Philippines for at least twelve (12) continuous months and maintains
18 
such residence until the termination of placement by the NACC or expiration of the
19 
foster family license, may qualify as a foster parent.
20 
ARTICLE I I I
21 
PARENTAL AUTHORITY OF FOSTER PARENTS
22 
Sec. 52. Parental Authority o f a Foster Parent -  Foster parents shall have the
23 
rights, duties and liabilities of persons exercising substitute parental authority, as may
24 
be provided under the Family Code over the children under their foster care.
25 
Sec. 53. Limitations on Parental Authority o f Foster Parents. -  Foster parents
26 
shall only have the rights of a person with special parental authority to discipline the
27 
foster children as defined under Section 233 of the Family Code, insofar as it prohibits
28 
the infliction of corporal punishment upon the child.
29 
ARTICLE IV
30 
PROCEDURE
28


1 
Sec. 54. Recruitment and Development o f Foster Parents. -  To recruit
2 
applications for foster care, the NACC shall reach out to various communities and
3 
LGUs and work preferably with the Local Council for the Protection of Children (LCPC).
4 
Sec. 55. Submission o f Home Study Report. -  The social worker shall make a
5 
detailed Home Study Report of an applicant's background and circumstances, carried
6 
out in a series of planned visits and interviews, in order to determine if the applicant
7 
meets the basic requirements for foster care and is suitable to become a foster parent.
8 
Sec, 56. Issuance o f License. -  The NACC shall issue a Foster Family Care
9 
License based on the Home Study Report submitted by the agency to determine the
10 
motivations, capacities and potentials for development of applicants. The license is
11 
renewable every three (3) years unless earlier revoked by the NACC.
12 
Sec. 57. Matching. -  Matching shall be done by the NACC or child-placing
13 
agency only after the child case study and the home study have been conducted, save
14 
for exceptions to be determined by the NACC, taking into consideration the best
15 
interests of the child.
16 
The child case study report shall establish the needs of the child for
17 
consideration in the selection of the foster parent. Likewise, the Home Study Report
18 
shall establish said foster parent's capacity and resources to provide a safe, secure
19 
and losing home to the child.
20 
Sec. 58. Placement -  The physical transfer of a child to a licensed foster parent
21 
shall take effect only after the issuance of a Foster Placement Certificate except in
22 
emergency situations to be determined by the NACC, taking into consideration the
23 
best interest of the child.
24 
Sec. 59. Supervision o f Foster Placement -  Supervised foster placement begins
25 
as soon as the foster family receives the child into their care. During the foster
26 
placement, the social worker shall conduct regular home visits to monitor the child's
27 
adjustment in the foster home and the current capability of the foster family and shall
28 
report to the NACC.
29 
The foster parents shall enjoy all the benefits to which biological parents are
30 
entitled from the date the child is placed with them. As such, the parents may bring
31 
along the child to travels out of the country; Provided, That the child has been with
29


1 
them for a year; Provided, further, That the parents are residing in the Philippines;
2 
and Provided, finally, That\hexe is no reason to believe that the child will be at risk if
3 
they travel with their parents nor is there reason to believe that the parents will not
4 
be returning to the Philippines.
5 
Sec. 60. Foster Care Committee. -  The Foster Care Committee of the NACC
6 
shall have the following functions:
7 
(a) Review and deliberate issues affecting the placement of a particular child;
8 
(b) Make recommendations to resolve any dispute between and among the
9 
child-placing agency, the parents, the foster parents, and the child;
10 
(c) Monitor the implementation, review, and recommend changes in policies
11 
concerning foster care and other matters related to the child's welfare;
12 
(d) Submit to the Chairperson of the NACC and to Congress an annual report
13 
of the policies, programs and activities relative to the implementation of this Act; and
14 
(e) Perform such other functions and duties as may be prescribed by the
15 
NACC.
16 
Sec. 61. Reporting. -  In case of injury or death of the child, or if the child runs
17 
away or gets lost, such case shall be reported immediately to the nearest office of the
18 
NACC.
19 
Sec. 62. Termination o f Placement -  Termination of placement shall be done
20 
by the NACC, upon recommendation of the child-placing agency, on the following
21 
grounds:
22 
(a) Return of the child to biological parents;
23 
(b) Placement for adoption of the child;
24 
(c) Death of the child;
25 
(d) Death of both foster parents;
26 
(e) Expiration of the FPA; and
27 
(f) In all cases where placement becomes prejudicial to the welfare
28 
of the child, such as, but not limited to, abandonment, maltreatment, sexual assault,
29 
violence or other forms of abuse.
30 
Provided, That in the case of (f), the foster child, with the assistance of a
31 
registered social worker, shall have the option to apply for termination of placement.
30


1 
ARTICLE V
2 
LONG-TERM FOSTER PLACEMENT
3 
Sec. 63. Long-Term Foster Placement Authority. -  If a child has been under
4 
the care of a foster parent for a period of at least seven (7) years, the said foster
5 
parent may apply for Long-Term Foster Placement Authority (LTFPA), subject to the
6 
following conditions;
7 
(a) The child's return to his biological parents or placement in an adoptive
8 
family is not imminent;
9 
(b) The foster parent continues to possess the qualifications required under
10 
tins Act and a valid foster family care license for the entire duration of the foster care;
11 
(c) The child, if ten (10) years of age or over, duly assisted by a social worker,
12 
gives written consent for long-term stay with the foster parent; and
13 
(d) Aside from the regular monitoring visits, the NACC shall reassess and
14 
reevaluate the foster home situation every three (3) years, to determine whether it is
15 
in the best interest of the child to continue living in the foster home on a long-term
16 
basis.
17 
LTFPA grants the foster parent custody over the foster child without the
18 
requirement of the eventuality of adoption of the latter by the former. During this
19 
period, the foster child shall enjoy the rights of a child under Article 3 of the Child and
20 
Youth Welfare Code, and under other laws: Provided, That there shall be no
21 
mandatory rights of succession in favor of the foster child.
22 
Sec. 64. Long-Term Foster Care Commitment. -  Taking into consideration the
23 
stability and best interest of the foster child, a foster parent, who unilaterally
24 
terminates the LTFPA before the foster child reaches the age of majority or finishes
25 
tertiary education, shall make provisions for the education and basic needs of the
26 
foster child, in accordance with the standards in which the child has been raised or
27 
has become accustomed to, within the said period: Provided, That the faster parent
28 
has the means to support the foster child in keeping with the financial capacity of the
29 
family.
30 
ARTICLE V I
31 
ADOPTION OF A FOSTER CHILD
31


1 
Sec. 65. Conditions. -  A foster parent may adopt his foster child subject to the
2 
following conditions:
3 
(a) The foster parent must have all the qualifications as provided for this
4 
Act;
5 
(b) The trial custody, as required in adoption, may be waived: Provided,
6 
That a harmonious relationship exists between the child and his foster parent and
7 
family members; and
8 
(c)The procedures for adoption, for purposes of this Act, shail be
9 
governed by this Act.
10 
ARTICLE VII
11 
LOCAL GOVERNMENT UNITS
12 
Sec. 66. Roie o f Locai Government Units (LGUs). -  LGUs shall promote the
13 
foster care system in their respective territorial jurisdictions.
14 
Sec. 67. Seminars and Trainings. -  The NACC, in coordination with the DSWD,
15 
is hereby mandated to develop and provide programs to ensure the awareness and
16 
responsiveness of local government officials in the promotion and development of the
17 
foster care system in every city, municipality or barangay.
18 
ARTICLE V III
19 
FOSTER CARE SUPPORT SERVICES,
20 
ASSISTANCE, AND INCENTIVES
21 
Sec. 68. Heaith Insurance. -  A foster child shall automatically be a PhilHealth
22 
beneficiary of the foster parent and as such, entitled to health insurance benefits. If
23 
the foster parent is not a PhilHealth member, he must seek enrollment with PhilHealth.
24 
LGUs and agencies shall provide assistance to the foster parents to ensure enrollment.
25 
Sec. 69. SpeciaiDiscounts. -  To the extent possible, the government may grant
26 
special discounts to foster parents on the purchase of basic commodities for the
27 
exclusive use of the foster child subject to the guidelines to be issued for the purpose
28 
by the Department of Trade and Industry (DTI) and the Department of Agriculture
29 
(DA).
30 
Sec. 70. Foster ChiidSubsidy. -  A foster child, through the child-placing agency,
31 
shall be entitled to a monthly subsidy from the government, NACC, or LGU, subject to
32


1 
existing government standards and auditing rules and reguiations to include incidental
2 
expenses. The subsidy is primarily aimed at supporting the expenses of the child to
3 
lessen the financial burden on the foster parent: Provided, That support may be
4 
waived if the foster parent is capable of supporting the foster child.
5 
Sec. 71. Foster Family Incentives. -  A foster family, through the child-placing
6 
agency, shail be entitled to a monthly incentive from the government NACC and/or
7 
LGUs, subject to existing government standards and auditing rules and regulations.
8 
Sec. 72. Support Care Services. -  The NACC and the social service unit of the
9 
LGU or agency shall provide support care services to include, counselling, and other
10 
psycho-social services, visits, training on child care and development, respite care,
11 
skilis training, and livelihood assistance.
12 
Sec. 73. Support to Biological Parents. -  Counselling shall be provided to
13 
parents to help them understand foster care and prepare them for eventual
14 
reunification with the chiid. Training on child-caring and child-protection skills shall be
15 
provided to biological parents to improve their knowledge, attitude and skills in
16 
parenting.
17 
Sec. 74. Incentives to Agencies. -  Agencies shall be entitled to the following
18 
tax incentives:
19 
(a) Exemption from Income Tax. -  Agencies shali be exempt from income tax
20 
on the income derived by it as such organization pursuant to Section 30 of the NIRC
21 
of 1997, as impiemented by Revenue Regulation (RR) No. 13-98; and
22 
(b) Quaiification as a Donee Institution. -  Agencies can also apply for
23 
qualification as a donee institution.
24 
Sec. 75. Incentives to Donors. -  Donors of an agency shali be entitied to the
25 
following:
26 
(a) Allowabie Deductions. -  Donors shall be granted allowable deductions from
27 
its gross income to the extent of the amount donated to agencies in accordance with
28 
Section 34(H) of the NIRC of 1997; and
29 
(b) Exemption from Donor's Tax. -  Donors shall be exempted from donor's tax
30 
under Section 101 of the NIRC of 1997: Provided, That not more than thirty percent
31 
(30%) of the amount of donations shall be spent for administrative expenses.
33


1 
BOOK IV
2 
OTHER FORMS OF ALTERNATIVE CHILD CARE
3 
ARTICLE I
4 
GUARDIANSHIP, KHAFALLAH, KIN SH IP CARE, [FAM ILY-LIKE CARE]
5 
RESIDENTIAL CARE
6 
Sec. 76. Conditions in Other Forms ofAiternative Care Settings. -T he following
7 
are the required conditions in other forms of alternative care which includes
8 
guardianship, kafalah, kinship care, or residential care;
9 
1. Awareness ofchiidren's rights and obligations. Both children and care givers
10 
should know and understand their rights and obligations;
11 
2. Complaint mechanism support. Children should be able to, without fear of
12 
retribution, 
express concerns about their situation or treatment by confiding in a
13 
person they can trust, and by having access to an effective complaints mechanism;
14 
3. Private provision o f alternative care. A set of criteria developed by the NACC,
15 
is used to assess the ability of all individuals and facilities to care for children, and to
16 
use these criteria to authorize and then monitor their activities;
17 
4. Child development and child protection. Provisions for child development
18 
range from access to education and vocational training, to insist that children can
19 
maintain contact with family and other familiar persons, the optimal development of
20 
children with including children with special needs, and the importance that carers
21 
should place on creating nurturing relationships with the children they are looking
22 
after;
23 
5. Stigmatization. Stigmatization of children in alternative care settings should
24 
be addressed and prevented at all times; and
25 
6. Discipline, punishment and restraints. Severe restrictions should be placed
26 
on the use of force and restraints. All treatment that may compromise a child's physical
27 
or mental health are prohibited. Adequate guidance on discipline and punishment shall
28 
be followed.
29 
Sec. 77. Who May Be Placed Under Other Forms o f Alternative Child Care. -
30 
A child with the conditions stipulated in Section 51 of this Act who are not placed for
31 
adoption or with a foster family shall be eligible for placement in other forms of
34


1 
alternative care such as guardianship, kafalah, kinship care or residential care. NACC
2 
shall exhaust all means of placing such child in a family setting before allowing the
3 
child to be placed in family-like or residential care.
4 
Sec. 78. Support Services for other forms o f Alternative Child Care. —All other
5 
forms of alternative chiid care shall have the same support services accorded to foster
6 
care as enumerated in Sections 68 to 75 of this Act.
7 
ARTICLE I I
8 
GUARDIANSHIP LEADING TO ADOPTION
9 
Sec. 79. Guardianship as Alternative Child Care. -  While nothing in this Act
10 
amends the judicial nature of guardianship proceedings, the provisions on this Act will
11 
only apply after termination of guardianship as when the guardian(s) endeavors and
12 
expressed their intention to the adoption of the wards.
13 
All relevant provisions on adoption, whether domestic or inter-country
14 
adoption, as the case may be, shall govern in cases of guardian(s) intending to adopt
15 
their wards.
16 
Sec. 80. Petition for the Adoption o f the Ward. -  After the termination of
17 
guardianship, guardians may opt to adopt their wards by fiiing a petition for adoption
18 
pursuant to Book II of this Act. All the qualifications prescribed in Book II of this Act
19 
shall be met with, as well as all the requirements for adoption must be complied with.
20 
The NACC may m otuproprioor upon motion of any party reduce the trial period
21 
if it finds the same to be in the best interest of the adoptee, stating the reasons for
22 
the reduction of the period.
23 
ARTICLE I I I
24 
RESIDENTIAL CHILD CARE
25 
PROCEDURES AND SUPPORT SERVICES FOR RESIDENTIAL CARE
26 
Sec. 81. Parental Authority o f Residential Caring Agency (RCA). -  RCAs shall
27 
be in loco parentis, exercising the rights, duties and liabilities of persons exercising
28 
substitute parental authority over the children under their foster care, as may be
29 
provided for by Executive Order No. 209, senes of 1987, otherwise known as the
30 
"Family Code o f the Philippines", Provided, That RCAs shall only have the rights of a
31 
person with speciai parental authority to discipline the children under their care and
35


1 
protection as defined under Section 233 of the Family Code, insofar as it prohibits
2 
the infliction of corporal punishment upon the child.
3 
Sec. 82. 
Components o f Residential Care. -  The following are essential
4 
components to a residential care as defined in Section 3(d)(5):
5 
(a) Caregivers who devote time to the children enabling a trusting and reliable
6 
relationship for them to experience lifelong love and security as they serve as stable
7 
figures who manage the family house and create a loving family environment;
8 
(b) A family home with bedrooms, kitchen, living room, toilet, and shower room
9 
which will serve as home to children and allows biological siblings to stay together;
10 
(c) Support system for children and their families through development
11 
planning in various aspects of their individual development, with a special focus
12 
beginning with early childhood development and ending with quality aftercare support,
13 
so they are guided on their journey to self-reliance and to becoming contributing
14 
members of the society; and
15 
(d) Professional and technical support for children and parents from a
16 
multidisciplinary team composed of project managers or directors, social workers,
17 
educators, psychologists and medical professionals.
18 
Sec. 83. Privileges. -T o  allow it to fully realize its mandate, an accredited RCA
19 
shall:
20 
(a) Enter into agreements with public authorities, and accept provisions for the
21 
cost of any service or activity which may be entrusted to it, within the scope of its
22 
object and functions, pursuant to such agreements;
23 
(b) Own and hold real and personal properties and accept bequests, donations,
24 
and contributions; and
25 
(c) Finally, the agency shall be exempt from the payment of real property taxes
26 
on all real properties owned by it.
27 
BOOK V
28 
CARE FOR ABANDONED FILIP IN O  CHILDREN OVERSEAS
29 
Sec. 84. Programs and Services to Protect Abandoned Children in Foreign
30 
Countries. -  The NACC, in coordination with the DFA, shall establish the procedures
31 
and implement programs and services to protect and promote the rights of an
36


1 
abandoned Filipino child in a foreign country that will ensure or provide for the
2 
following:
3 
(a) Prompt reporting, registration, and initial assessment of the abandoned
4 
child;
5 
(b) Emergency care and accommodation;
6 
(c) Appointment of a guardian or foster parents;
7 
(d) Access to basic services on health and education;
8 
(e) Prevention and protection from all forms of violence and exploitation;
9 
(0  Prevention and protection from involvement in situations of armed conflict;
10 
(g) Prevention of deprivation of liberty;
11 
(h) Family reunification;
12 
(i) Return to country;
13 
(j) Local integration or inter-country adoption; and
14 
(k) Durable family-based solutions.
15 
BOOK V I
16 
VIOLATIONS AND PENALTIES
17 
ARTICLE I
18 
VIOLATIONS AND PENALTIES RELATING TO ADOPTION
19 
Sec. 85. Violations and Penalties. -
20 
(a) Any person who shall knowingly participate in the conduct or carrying out
21 
of an illegal adoption, in violation of the provisions of this Act, shall be punished with
22 
a penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12)
23 
years and/or a fine not less than Fifty Thousand Pesos (P50, 000.00), but not more
24 
than Two Hundred Thousand Pesos (P200, 000.00) at the discretion of the court. It
25 
shall be imposed on any person who shall commit any of the following acts;
26 
(1) Obtaining consent for an adoption through coercion, undue influence,
27 
fraud, improper material inducement, or other similar acts;
28 
(2) Non-compliance with the procedures and safeguards provided by law
29 
for the adoption; or
30 
(3) Subjecting or imposing the child to be adopted to danger, abuse, or
31 
exploitation;
37


1 
(b) Any person who shall cause the fictitious registration of the birth of the
2 
child under the names of persons who are not the child's biological parents shall be
3 
guilty of simulation of birth, and shall be punished by prison mayor in its medium
4 
period and a fine not exceeding Fifty Thousand Pesos (P50,000.00) unless covered by
5 
Section 31 of this Act;
6 
(c) Any physician or nurse or hospital personnel who shall cooperate in the
7 
execution of the above mentioned crime shall suffer the penalties herein prescribed
8 
and also the penalty of permanent disqualification from the practice of their
9 
professions unless covered by Section 31 of this Act;
10 
(d) Any person 
who shall violate established 
regulations relating to
11 
confidentiality and integrity of records, documents, and communications of adoption
12 
applications, cases and processes shall suffer the penalty of imprisonment ranging
13 
from one (1) year and one (1) day to two (2) years, and/or a fine of not less than
14 
Five Thousand Pesos (P5,000.00) but not more than Ten Thousand Pesos
15 
(P10,000.00) at the discretion of the court;
16 
(e) A penalty lower by two (2) degrees than that prescribed for the
17 
consummated offense under this Article shall be imposed upon the principals of the
18 
attempt to commit any of the acts herein enumerated:
19 
(1) Act punishable under this Article, when committed by a syndicate or
20 
where it involves two (2) or more children shall be considered as an offense
21 
constituting child trafficking and shall merit the penalty of reclusion perpetua;
22 
(2) Act punishable under this Article are deemed committed by a syndicate
23 
if carried out by a group of three (3) or more persons conspiring or confederating
24 
with one another in carrying out any of the unlawful acts defined under this Article;
25 
(3) Penalties herein provided, shall be in addition to any other penalties
26 
which may be imposed for the same acts punishable under other laws, ordinances,
27 
executive orders, and proclamations; and
28 
(4) An offender who is an alien, shall be deported immediately after service
29 
of sentence and perpetually denied entry to the country.
30 
Sec. 86. Public Officers as Offender. -  Any government official or employee
31 
who shall be found guilty of violating any provisions of this Act, or who shall conspire
38


1 
with private individual shall, in addition to the above prescribed penalties, be penalized
2 
in accordance with existing civil service laws, rules and regulations. Provided, That
3 
upon the filing of a case either administrative or criminal, said government official or
4 
employee concerned shall automatically suffer suspension until the resolution of the
5 
case.
6 
ARTICLE I I
7 
VIOLATIONS AND PENALTIES IN  RELATION TO FOSTER CARE
8 
Sec. 87. Penalties. -
9 
(a) Any foster parent, found to be committing any act of neglect, abuse,
10 
cruelty, or exploitation and other similar acts prejudicial to the child's development,
11 
shall be penalized in accordance with Republic Act No. 7610, otherwise known as "An
12 
Act Providing For Stronger Deterrence and Special Protection Against Child Abuse,
13 
Exploitation and Discrimination, Providing For Its Violation, and For Other Purposes",
14 
and other applicable laws.
15 
(b) A child-placing agency which violates Sections 57, 58, 59 or any other
16 
provision of this Act and its IRR shall suffer the following penalties:
17 
(1) For the first violation, a fine of not less than Twenty-Five Thousand
18 
Pesos (PhP 25,000.00) but not exceeding Fifty Thousand Pesos (PhP 50,000.00); and
19 
(2) For any subsequent violation, a fine of not less than Fifty Thousand
20 
Pesos (PhP 50,000.00) but not exceeding One Hundred Thousand Pesos (PhP
21 
100,000.00), and revocation of license to operate.
22 
(c) Any person, natural or juridical, other than the foster parent or any agency,
23 
violating any provision of this Act and its IRR shall be penalized with imprisonment of
24 
one (1) month to six (6) years, depending on the gravity of the offense or a fine of
25 
not less than Ten Thousand Pesos (Php 10,000.00) but not more than One Hundred
26 
Thousand Pesos (PhP 100,000.00), or both, at the discretion of the court.
27 
(d) If the offender is a public official, the court may impose the additional
28 
penalty of disqualification from office in addition to the penalties provided in the
29 
preceding paragraph.
30 
ARTICLE I I I
39


1 
VIOLATIONS AND PENALTIES IN  RELATION TO OTHER FORMS OF
2 
ALTERNATIVE CARE
3 
Sec. 88. Pena! Clause. -  Any person, whether natural or juridical, violating
4 
Book IV of this Act shall, upon conviction, be liable to a fine of not less than Fifty
5 
Thousand Pesos (P50, 000.00) or imprisonment for a term not exceeding one (1)
6 
year, or both, at the discretion of the court for each and every violation. In case the
7 
violation is committed by a corporation or an association, the penalty shall devolve
8 
upon the president, director, or any other officer responsible for such violation.
9 
BOOK V II
10 
FINAL PROVISIONS
11 
Sec. 89. Role o f Local Government Units (LGUs). —The host LGU, pursuant to
12 
Section 108 of Republic Act No. 7160 otherwise known as the "Local Government
13 
Code o f 1991", shall accredit alternative care agencies that are duly recognized by
14 
the NACC in their locality.
15 
The LGU, through its Local Social Welfare and Development Office, shall
16 
include the provisions of this Act in its development plans and strategies, and upon
17 
approval thereof by the governor or mayor, as the case may be, implement the same
18 
particularly those which have to do with social welfare programs and projects which
19 
the governor or mayor is empowered to implement and which the Sanggum'an is
20 
empowered to provide for under Republic Act 7160.
21 
A standard accreditation process for all LGUs shall be adopted by the NACC,
22 
in coordination with the DSWD and the Department of the Interior and Local
23 
Government (DILG).
24 
Sec. 90. Seminars and Trainings. -T h e  NACC and the DSWD, in coordination
25 
with the DILG, is mandated to develop and provide programs to ensure the
26 
awareness and responsiveness of local government officials in the promotion and
27 
development of the alternative care system in every city, municipality and barangay.
28 
Sec. 91. Protection From Suit. -  Government employees in their lawful
29 
performance of their duties shall be protected from suit.
40


1 
Sec. 92. Unlawful Solicitation. - I t  shall be unlawful for any person to solicit,
2 
collect, or receive money, materials or property of any kind by falsely representing
3 
himself to be a member, agent or representative of any alternative care agency.
4 
Sec. 93. Appropriations. -  Such sum as may be necessary for the
5 
implementation of the provisions of this Act shall be included in the General
6 
Appropriations Act of the year following its enactment into law and thereafter.
7 
Sec. 94. Implementing Rules and Regulations. -  The DSWD, as lead agency,
8 
the Department of Justice (DOJ), the Department of Health (DOH), the Bureau of
9 
Internal Revenue (BIR), the Council on Welfare of Children (CWC), the DILG and other
10 
concerned government agencies, in consultation with agencies are hereby mandated
11 
to prepare and draft the IRR to operationalize the provisions of this Act within six (6)
12 
months from its approval.
13 
Sec. 95. Separability Clause. -  If any provision of this Act shall be declared
14 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
15 
full force and effect.
16 
Sec. 96. Suppietory Clause. —The provisions of Executive Order No. 209, series
17 
of 1987, otherwise known as the Family Code of the Philippines and other applicable
18 
laws, shall have suppietory application to this Act.
19 
Sec. 97. Repealing Clause. -  Republic Act No. 9523, entitled "An Act Requiring
20 
the Certification of the Department of Social Welfare and Development (DSWD) to
21 
declare a "Child Legally Available for Adoption" as a Prerequisite for Adoption
22 
Proceedings, Amending for this Purpose Certain Provisions of Republic Act No. 8552,
23 
otherwise known as The Domestic Adoption Act of 1998, Republic Act No. 8043,
24 
otherwise known as The Inter-Country Adoption Act of 1995, Presidential Decree No.
25 
603, otherwise known as The Child and Youth Welfare Code, and for other Purposes",
26 
and Republic Act No. 1122, otherwise known as the "Simulated Birth Rectification
27 
Act", are hereby repealed. Any law, presidential decree or issuance, executive order,
28 
letter of instruction, administrative order, rule, or regulation contrary to, or in
29 
consistent with the provisions of this Act is hereby repealed, modified, or amended
30 
accordingly.
41


1 
Sec. 98. Effectivity. -  This Act shall take effect fifteen (15) days after its
2 
publication in the official gazette or in a newspaper of general circulation.
Approved,
42