SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENATE 
) 
) 
) 
S.No. 
2857 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
MERGING THE DOMESTIC AND INTER-COUNTRY ADOPTION LAWS 
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. 
According to the Priority Legislative Agenda of the DSWD, there is a need to 
facilitate the transfer of an abandoned child to a family-based care which is more 
responsive to 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 in the Fourteenth Congress, First Regular Session, and re-filed in 
the Fifteenth Congress, First Regular Session 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENATE 
S.No. 
2857 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
Tj JUL 15 P2:46 
MERGING THE DOMESTIC AND INTER-COUNTRY ADOPTION LAWS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
ARTICLE I 
2 
GENERAL PROVISIONS 
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SECTION l. Short Title. - This Act shall be known as the "Philippine Adoption 
4 
Act". 
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SECTION 2. Declaration of Policies. -
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A. It is hereby declared the policy of the State to ensure that every child 
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remains under the care and custody of his/her parent(s) and be provided 
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with love, care, understanding and security towards the full and 
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harmonious development of his/her personality. Only when such 
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efforts prove insufficient and no appropriate placement or adoption 
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within the child's extended family is available shall adoption by an 
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unrelated person be considered; 
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B. In all matters relating to the care, custody and adoption of a child, 
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his/her interest shall be the paramount consideration in accordance with 
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the tenets set forth in the United Nations (UN) Convention on the 
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Rights of the Child; UN Declaration on Social and Legal Principles 
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Relating to the Protection and Welfare of Children with Special 


I 
Reference to Foster Placement and Adoption, Nationally and 
2 
Internationally; and the Hague Convention on the Protection of 
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Children and Cooperation in Respect of Inter-country Adoption. 
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Toward this end, the State shall provide alternative protection and 
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assistance through foster care or adoption for every child who is 
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neglected, orphaned, or abandoned; 
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C. It shall also be a State policy to: 
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1. Safeguard the biological parent(s) from making hurried decisions 
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to relinquish hislher parental authority over hislher child; 
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2. Prevent the child from unnecessary separation from hislher 
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biological parent(s); 
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3. Protect adoptive parent(s) from attempts to disturb his/her 
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parental authority and custody over his/her adopted child; 
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D. It is the policy of the State that efforts shall be exerted to place every 
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child who is legally free for adoption with an adoptive family in the 
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Philippines. The State shall take measures and safeguards to ensure that 
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inter-country adoption is allowed when the same shall prove beneficial 
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to the child's interests and shall serve and protect his/her fundamental 
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rights; 
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E. The State shall establish a system of cooperation with the other States, 
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through their respective Central/Competent Authorities and accredited 
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bodies to prevent the sale, trafficking and abduction of children. 
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SECTION 3. Definition a/Terms. - As used in this Act, the following terms: 
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A. "Abandoned child" shall refer to one who has no proper parental care 
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or guardianship or whose parent(s) has deserted hislher for a period of 
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at least (hree (3) continuous months and has been judicially declared as 
such; 
B. "Act" shall refer to this Act; 
C. "A child legally available for adoption" shall refers to a child who has 
been voluntarily or involuntarily committed to the Department or to a 
duly licensed and accredited child-placing or child-caring agency, freed 
of the parental authority of his/her biological parent(s) or guardian or 
adopters in case of rescission of adoption; 
D. "Adoption" shall refer to a socio-legal process of providing a 
permanent family to a child whose parents have voluntarily or 
involuntarily relinquished parental authority over the child; 
E. "Agency Adoption" shall rcfer to a licensed adoption agency finds and 
develops adoptive families for children who are voluntarily or 
involuntarily committed. The adoptive families go through the process 
from application to finalization of the child's adoption under the 
auspices of the Department of Social Welfare and Development or a 
licensed child-placing agency; 
F. 
"Accredi(ation of Local Child Caring Agency/ Child Placing Agency" 
shall refcr to the recognition of a social welfare development program 
or service that such is implemented by a social welfare and 
development agency in compliance with appropriate standards 
evidenced by a certificate of accreditation issued by the Department of 
Social Welfare and Development; 
G. "Applicant" shall refcr to a married couple or a single person who files 
an application; 
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H. "Application" shall refer to the duly accomplished application form, 
home study report including its supporting documents; 
r. 
"Biological Parents" shall refer to the child's mother and father by 
nature or the mother alone if the child is unacknowledged illegitimate 
child; 
J. 
"Child" shall refer to a person below eighteen (18) years of age; 
K. "Child-caring agency (CCA)" shall refer to a duly licensed and 
accredited agency by the Department that provides twenty four (24) 
hour residential care services for abandoned, orphaned, neglected, or 
voluntarily committed children; 
L. "Child Placement Committee (CPC)" shall refer to the official 
committee tasked to match adoptive children to approved adoptive 
parentis; 
M. "Child-placing agency (CPA)" shall refer to a duly licensed and 
accredited agency by the Department to provide comprehensive child 
welfare services including, but not limited to, receiving applications for 
adoption, evaluating the prospective adoptive parents, and preparing 
the adoption home study; 
N. "Child Study Report" shall refer to a study of a child's legal status, 
placement history, psychological, social, spiritual, medical, ethno-
cultural background, and that of his/her biological family as basis in 
determining the most desirable placement for him/her; 
O. "Child with Special Needs" shall refer to any child who is difficult to 
place in view of some physical, psychological, and/or social limitations 
including but not limited to being an older child, belonging to a sibling 
group or those who may be under such analogous circumstances; 
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P. 
"Competent Authority" shall refer to any State entity which performs 
all or most of the functions of Chapter II of the Convention; 
Q. "Contracting State" shall refer to any State Party to the Convention; 
R. "Convention" shall refer to The Hague Convention on Protection of 
Children and Co-operation in Respect ofInter-Country Adoption; 
S. 
"Certificate of Abandonment" shall refer to the final written 
administrative order declaring a child to be dependent, abandoned, and 
neglected and committing such child to the care of the Department 
through a person or duly licensed child caring/placing agency or 
institution. The rights of the biological parents, guardian or other 
custodian to exercise authority over the child shall cease; 
T. "Deed of Voluntary Commitment" shall refer to the notarized 
instrument relinquishing parental authority and committing the child to 
the care and custody of the Department executed by the child's 
biological parent(s) or by the child's legal guardian in their absence, 
mental incapacity or death, to be signed in the presence of an 
authorized representative of the Department, after counseling and other 
services have been made available to encourage the child's biological 
parent(s) to keep the child; 
U. "Department" shall refcr to the Department of Social Welfare and 
Development; 
V. "Direct/Indirect Placement Adoption" shall refer to the biological 
parents make a direct placement of the child either to a relative, a 
member of their family, or a friend/non-relative with whom they 
relinquish their child; 
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W. "Extended Family" shall refer to a relative of a child both at the 
paternal and maternal side within the fourth degree of consanguinity; 
X. "Foundling" shall refer to a deserted or abandoned infant or a child 
found, with parents, guardian, or relatives being unknown, or a child 
committee in an orphanage or charitable or similar institution with 
unknown facts of birth and parentage and registered in the Civil 
Register as a "foundling"; 
Y. "Foreign Adoption Agency" shall refer to the State Welfare Agency or 
the licensed and accredited agency in the country of the foreign 
adoptive parents that provides comprehensive social services and is 
duly recognized by the Board; 
Z. "Foreign National" shall refer to any person, not a Filipino citizen, who 
enters and remains in the Philippines and in possession of a valid 
passport or travel documents and visa; 
AA. "Home Study Report" shall refer to a study of the motivation and 
capacity of the prospective adoptive parents to provide a home that 
meets the needs of a child; 
BB. "Illegal Adoption" shall refer to an adoption that is effected in any 
manner contrary to the provisions of Act, these Rules, established 
Stated policies, Executive Agreements and other laws pertaining to 
adoption; 
CC. "Inter-country Adoption (ICA)" shall refer to the socio-legal process of 
adopting a child by a foreign national or a Filipino citizen permanently 
residing abroad where the petition for adoption is filed, the supervised 
trial custody is undertaken, and the decree of adoption is issued in the 
foreign country where the applicant resides thereby creating a 
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permanent parent-child relationship between the child and the adoptive 
parents; 
DD. "Voluntarily committed child" shall refer to the one whose parent(s), 
knowingly and willingly relinquishes parental authority to the 
Department; 
EE. "Involuntarily committed child" shall refer to the one whose parent(s), 
known or unknown, has been permanently and judicially deprived of 
parental anthority due to abandonment, substantial, continuous, or 
repeated neglect, abuse; or incompetence to discharge parental 
responsibilities; 
FF. "Liaison Service" shall refer to the effective delivery of facilitating 
social services provided by a licensed and accredited Child Caring or 
Child Placing Agency (CCNCP A) to represent a Foreign Adoption 
Agency (FAA) in the Philippines; 
GG. "Licensing" shall refer to the process conducted by DSWD in assessing 
qualification and authorizing a registered social welfare and 
development (SWD) agency to operate as a social work agency; 
HH. "Licensed Social Worker" shall refer to one who possesses a bachelor 
of science in social work degree as a minimum education requirement 
and must have passed the government licensure examination for social 
workers as required by Republic Act 4373; 
II. "Matching" shall refer to the judicious pairing of the applicant and the 
child to promote a mutually satisfying parent-child relationship; 
JJ. "Non-Contracting State" - shall refer to any State not party to the 
Convention which the Board has established working relations; 
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KK. "Pre-Adoption Services" shall refer to psycho-social services provided 
by professionally trained social workers of the Department, the social 
services units of local government, private and government health 
facilities, Family Courts, licensed and accredited child-caring and 
child-placing agency and such other individuals or entities involved in 
adoption as may be authorized by the Department; 
LL. "Post-Adoption Services" shall refer to psycho-social services and 
support services provided by professionally trained social workers 
from offices above-mentioned after the issuance of the Decree of 
Adoption; 
MM. "Residence" shall refer to a person's actual and legal stay in the 
Philippines for two (2) continuous years immediately prior to the filing 
of application for adoption decree is entered; Provided, that temporary 
absences for professional, business or emergency reasons not 
exceeding sixty (60) day in one (l) year shall not be considered as 
breaking the continuity requirement; Provided, further that the 
Department may extend this period in meritorious cases; 
NN. "Secretary" shall refer to the Secretary ofthe Department; 
00. "Special Home Finding" shall refer to the process of recruiting or 
identifying suitable adoptive parents for children with special needs 
through the Central Authority or a Foreign Adoption Agency of the 
State if there is no available family in the Roster of Approved Families; 
PP. "Supervised trial custody" shall refer to a period of time within which 
a social worker oversees the adjustment and emotional readiness of 
both adopter(s) and adoptee in stabilizing their filial relationship. 
ARTICLE II 
8 


1 
ADOPTION BUREAU 
2 
SECTION 4. Adoption Bureau. - There shall be established a Bureau of Adoption 
3 
directly under the supervision of the office of the Secretary. The Bureau shall consist of 
4 
two (2) divisions, local and Inter-country Adoption and will be manned by the Director 
5 
and the common staff support system. 
6 
SECTION 5. Functions. - The functions of the Bureau of Adoption shall include 
7 
the following: 
8 
A. Formulate and develop programs and services that will protect the 
9 
Filipino child from abuse, exploitation, trafficking and adoption 
10 
practice that is harmful, detrimental and prejudicial to the best interests 
11 
of the child; 
12 
B. Set standard and guidelines on adoption including pre and post legal 
13 
adoption services. Accredit and authorize foreign private adoption 
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agencies which have demonstrated professionalism and have 
consistently pursued non-profit objectives to engage in the placement 
of Filipino children in their own country; 
C. Monitor and assess compliance of all agencies/stakeholders (both local 
and foreign involved in adoption. Gauge the progress and identifY gaps 
in the implementation of the law and come up with policy 
recommendation; 
D. Conduct national information dissemination and advocacy campaign 
on adoption; 
E. Keep records of all adoption cases and provide periodic information 
and reports on the performance of the Office; 
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F. 
Conduct researches on adoption or in related fields to further improve 
and strengthen the Office programs and services and for policy 
formulation and development; 
G. Provide technical assistance and conduct capability building activities 
to all concerned agencies and stakeholders. 
7 
SECTION 6. Functions of Local and Inter-country Adoption Divisions. - The two 
8 
divisions shall have common and distinct functions. 
9 
A. Common Functions: 
10 
1. To develop and promote local and inter-country adoption 
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services, including pre and post legal adoption services; 
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2. To establish and maintain database of children available for local 
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and inter-country adoption and prospective adoptive parents; 
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3. To keep records of all adoption proceedings; 
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4. To maintain a national information and educational campaign on 
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domestic and inter-country adoption; 
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5. To conduct researches on adoption and other related fields; 
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6. To provide secretariat, records keeping and other services to the 
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Child Placement Committee; 
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7. To 
submit 
periodic 
accomplishment/performance 
and 
recommendation for the improvement of the office; 
8. To attend regular/pcriodic meeting as maybe called by the 
Dircctor; 
9. Conduct training needs assessment and provide technical 
assistance to stakc holders involved on local and Inter-country 
Adoption. 
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B. Distinct functions: 
LOCAL ADOPTION 
1. Monitor the existence, number and flow of children legally 
available for adoption and prospective adopter(s), so as to 
facilitate their matching; 
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; 
6. To provide parent and family life education sessions and referral 
for specialized services; 
7. Conduct researches in collaboration with CCAs/CP As. 
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 ICA 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 
11 


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government 
offices, 
non-governmental 
agencies, 
Central 
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Authorities, Foreign Adoption Agencies in proper cases through 
3 
the Department of Foreign Affairs or the Philippine Foreign 
4 
Service Post and the general public; 
5 
5. 
Review and process accreditation and authorization applications 
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and status of agencies for action by the Director; 
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6. To manage the operations and implementation ofICA programs, 
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services, procedures, special projects & events relative to inter-
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country adoption; 
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7. Promote and ensure enforcement/compliance oflaw, policies and 
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procedures pertaining to I CA; 
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8. Monitor, follow-up and facilitate completion of adoption of the 
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child through authorized and accredited agency; 
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9. Coordinate the formulation of policies to enhance the rCA 
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programs and services. 
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SECTION 7. Composition o.(Child Placement Committee. - The Committee shall 
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be composed of consultants consisting of the following representations: a child 
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psychiatrist or clinical psychologist, a medical doctor, a lawyer, a registered social 
19 
worker, and a representative of a non-governmental organization engaged in child 
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welfare. Provided, that in every matching conference, there must be a quorum. 
21 
The Department shall appoint qualified persons who shall serve in the Committee 
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for a 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 
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following functions: 
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A. Carry-out an integrated system and network of selection and matching 
2 
of applicants and children; 
3 
B. Recommend to the Director approval of applications and matching 
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proposals; 
5 
C. Act as consultants to the Director in their arealfield of expertise; 
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D. Initiate, revIew and recommend changes m policies concernmg 
7 
selection, matching and placement and other matters related to child 
8 
welfare; 
9 
E. Perform such other functions and duties as may be determined by the 
10 
Board. 
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SECTION 9. Allowances of Committee Members. - A Committee member shall 
12 
receive a per diem each meeting actually attended and remuneration for other functions 
13 
as may be determined by the Department subject to the usual accounting and aUditing 
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rules and regulations. 
15 
SECTION 10. Rules and Procedures. - The Committee shall submit, for the 
16 
approval of 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 
18 
the Director. 
19 
ARTICLE III 
20 
PROCEDURE 
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A. LOCAL ADOPTION 
22 
SECTION 12. Pre-Adoption Program. -
The Department shall provide the 
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services of licensed social workers to the following: 
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A. Biological Parent(sj - Counseling shall be provided to the parent(s) 
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before and after birth of his/her child. No binding commitment to an 
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adoption plan shall be permitted before the birth of his/her child. A 
period of three months shall be allowed for the biological parent(s) to 
reconsider any decision to relinquish his/her child for adoption before 
the decision become irrevocable. Counseling and rehabilitation 
services shall also be offered to the biological parent(s) after he/she has 
relinquished his/her child for adoption. 
Steps shall be taken by the Department to ensure that no 
hurried decisions are made and all alternatives for the child's future and 
the implications of each alternative have been provided; 
B. Prospective Adoptive Parents -. Counseling sessions, adoption forums 
and seminars, among others shall be provided to prospective adoptive 
parent(s) to resolve possible adoption issues and to prepare him/her for 
effective parenting; 
C. Prospective Adoptee - Counseling sessions shall be provided to ensure 
that he/she understands the nature and effects of adoption and is able to 
express his/her views on adoption in accordance with his/her age level 
of maturity. 
It shall be the duty of the Department or the child-placing or 
child-caring agency which has custody of the child to exert all efforts 
to locate his/her unlmown biological parent(s). If such efforts fail, the 
child shall be registered as a founding and subsequently be the subject 
of legal proceedings where he/she shall he declared abandoned. 
The Department shall develop a pre-adoption program which 
shall include, among other, the above-mentioned services. 
In all proceeding for adoption, the court shall require proof that 
the biological parent(s) has been properly counseled to prevent him/her 
14 


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from making hurried decision caused by strain or anxiety to give up the 
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child and to sustain that all measures to strengthen the family have 
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been exhausted and that any prolonged stay of the child in his/her own 
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home will be inimical to his/her welfare and interest. 
5 
SECTION 13. Who May Be Adopted. - The following may be adopted: 
6 
A. Any person below eighteen (18) years of age who has been 
7 
administratively or judicially declared available for adoption; 
8 
B. The legitimate son/daughter of one spouse by the other spouse; 
9 
C. An illegitimate son/daughter by a qualified adopter to improve his/her 
10 
status to that oflegitimacy; 
11 
D. A person of legal age if, prior to the adoption, said person has been 
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consistently considered and treated by the adopter(s) as his/her own 
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child since minority; 
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E. A child whose adoption has been previously rescinded; or 
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F. 
A child whose biological or adoptive parent(s) has died, Provided, that 
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no proceedings shall be initiated within six (6) months from the time of 
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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 of legal age, in possession of full civil capacity 
20 
and legal rights, of good moral character, has not been convicted of any 
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crime involving moral turpitude, emotionally and psychologically 
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capable of caring for children at least sixteen (16) years older than the 
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adoptee, who is in a position to support and care for hislher children in 
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keeping with the means of the family. The requirement of sixteen (16) 
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year difference between the age of the adopter and the adoptee maybe 
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waived when the adopter is the biological parent of the adoptee, or is 
the spouse of the adoptee's parent; 
B. Any foreign national possessing the same qualifications as above stated 
for Filipino nationals: Provided, that his/her country has diplomatic 
relations with the Republic of the Philippines, that he/she has been 
living in the Philippines at least two (2) continuous years prior to the 
filling of the application for adoption and maintains such residence 
until the adoption decree is entered, that he/she has been certified by 
authorized appropriate government agency or Philippine accredited 
adoption agency in his/her country that he/she has the legal capacity to 
adopt in his/her country, and that his/her government allows the 
adoptee to enter his/her country as his/her adopted son! daughter: 
Provided, Further, That the requirements on residency and certification 
of the foreign national-'s qualification to adopt in his/her country may 
be waived for the following: 
1. A former Filipino citizen who seeks to adopt a relative within the 
fourth (4th) degree of consanguinity or affinity; 
2. One who seeks to adopt the legitimate son!daughter of his/her 
Filipino spouse: 
3. One who is married to a Filipino citizen and seeks to adopt 
jointly with his/her spouse a relative within the fourth (4th) 
degree of consanguinity or affinity of the Filipino spouse; or 
C. The guardian with respect to the ward after the termination of the 
guardianship and clearance of his/her financial accountabilities. 
Husband and wife shall jointly adopt, except in the following 
cases: 
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1. If one spouse seeks to adopt the legitimate son/daughter of the 
other; 
2. If one spouse seeks to adopt his/her own illegitimate 
4 
son/daughter, provided, however, that the other spouse has 
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signified his/her consent thereto; or 
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3. If the spouses are legally separated from each other. 
7 
In case husband and wife jointly adopt or one spouse adopts the 
8 
illegitimate son/daughter of the other, joint parental authority shall be 
9 
exercised by the spouses. 
10 
SECTION 15. Whose Consent is Necessary to the Adoption. -
After being 
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properly counseled and informed of his/ her right to give or withhold hislher approval of 
12 
the adoption, the written consent of the following to the adoption is hereby required: 
13 
A. The adoptee, if ten (10) years of age or over; 
14 
B. 
The biological parent(s) of the child, if known, or the legal guardian, 
15 
or the proper government instrumentally which has legal custody of the 
16 
child; 
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C. 
The legitimate and adopted sons/daughters, ten (10) of age or over, of 
the adopters(s) and adoptee, if any; 
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D. The illegitimate sons/daughters, ten (10) years of age or over of the 
20 
adopter ifiiving with said adopter and latter's spouse, if any; and 
21 
E. The spouse, if any, ofthe person adopting or to be adopted. 
22 
SECTION 16. Where to File Application. - A person eligible to adopt under 
23 
Article III, Section 14 of this Act who desires to adopt a child in the Philippines has 
24 
attended adoption forums and seminar, shall file their application for adoption with the 
25 
Department or with any licensed accredited child placing agencies. 
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In cases of relative adoption, shall file their petition for adoption directly to the 
2 
Regional Trial Court with has jurisdiction over their residence. Spouses shall file their 
3 
application jointly. 
4 
SECTION 17. Case Study. - No petition for adoption shall be set for hearing 
5 
unless a licensed social worker of the Department, the social service office of the local 
6 
government unit, or any child-placing or child-caring agency has made a case study of 
7 
the adoptee, his/her biological parent(s) as well as the adopter(s) and has submitted the 
8 
report and recommendations on the matter the court hearing such petition. 
9 
At the time of preparation of the adoptee's case study, the concerned social worker 
10 
shall confirm with the Civil Registry the real identity and registered name of the adoptee. 
11 
If the birth of the adoptee was not registered with the Civil Registry, it shall be 
12 
responsibility of the concerned social worker to ensure that the adoptee is registered. 
13 
The case study on the adoptee shall establish that he/she is legally available for the 
14 
adoption and that the documents to support this fact are valid and authentic. Further, the 
15 
case study of the adopter shall ascertain hislher genuine intentions and that the adoption 
16 
is in the best interest of the child. 
17 
The Department shall intervene on behalf of adoptee if it finds, after the conduct 
18 
of the case studies, that the petition should be denied. The case studies and other relevant 
19 
documents and records pertaining to the adoptee and the adoption shall be preserved by 
20 
the Department. 
21 
SECTION 18. Fees and Charges. - Child Caring Agency and Child Placement 
22 
Agency may charge reasonable fees as determined by the Department to cover expenses 
23 
in providing adoption services. The applicant(s) shall be apprised of the fees at the start. 
18 


1 
SECTION 19. Family Selection/Matching. - The matching of the child to an 
2 
approved adoptive parentis shall be carried out during the regular matching conference by 
3 
the matching Committee otherwise called the Child Placement Committee (CPC) in the 
4 
regional level where the social workers of the child and family are present. Subject to the 
5 
approval of the Department, the CPC shall fix its own internal rules and procedures in 
6 
accordance with the rules of Court; provided, however, that records of children and 
7 
approved adoptive parentis not matched within thirty (30) days in the regional level shall 
8 
be forwarded to the Department's Central office for inter-country matching; Provided 
9 
further that the children with Special needs shaH be immediately forwarded if not 
10 
matched in the first meeting, except under special circumstances. 
11 
The matching proposal made by CPC shall be approved by the Department. 
12 
SECTION 20. Supervised Trial Custody. - No petition for adoption shall be 
13 
finally granted until the adoptel'(S) has been given by the court a supervised trial custody 
14 
period for at least six (6) months within which the parties are expected to adjust 
15 
psychologically and emotionally during said period, temporary parental authority shall be 
16 
vested in the adopter(s). 
17 
The court may, motu propio or upon motion of any party, reduce the trial period if 
18 
it finds the same to be in the best interest of the adoptee, stating the reasons for the 
19 
reduction of the period. However, for alien adopter(s), helshe must complete the six (6) 
20 
month trial custody except for those enumerated in Sec. 14, (B) (1) (2) (3). 
21 
If the child is below seven (7) years of age and is placed with prospective 
22 
adopter(s) through a pre-adoption placement authority issued by the Department, the 
23 
prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled 
24 
from the date the adoptee is placed with the prospective adopter(s). 
19 


1 
SECTION 21. Decree of Adoption. - If, after the publication of the order of 
2 
hearing has been complied with, and no opposition has been interposed to the petition, 
3 
and after considen~tion of the case studies, the qualifications of the adopter(s), trial 
4 
custody report and the evidence submitted, the court is convinced that the petitioners are 
5 
qualified to adopt, and that the adoption would redound to the best interest ofthe adoptee, 
6 
a decree of adoption shall be entered which shall be effective as of the date the original 
7 
petition was filed. This provision shall also apply in case the petitioner(s) dies before the 
8 
issuance of the decree of adoption to protect the interest of the adoptee. The decree shall 
9 
state the name by which the child is to be known. 
10 
SECTION 22. Civil Registry Act. - An amended certificate of Birth shall be issued 
11 
by the Civil Registry, as required by the Rules of Court, attesting to the fact that the 
12 
adoptee is the child of the adopter( s) by being registered with his/her surname. The 
13 
original certificate of birth shall be stamped "cancelled" with the annotation of the 
14 
issuance of the amended birth certificate in its place and shall be sealed in the civil 
15 
registry records. The new birth certificate to be issued to the adoptee shall not bear any 
16 
notation that it is an amended issue. 
17 
B. INTER-COUNTRY ADOPTION: 
18 
SECTION 23. Inter-country Adoption as the Last Resort. - The Adoption Bureau 
19 
shall ensure all possibilities for adoption of the child under the Family Code have been 
20 
exhausted and that inter-country adoption is in the best interest of the child. Towards this 
21 
end, the Bureau shall set up the guideline to ensure that steps will be taken to place the 
22 
child in the Philippines before the child is placed for inter-country adoption: provided, 
23 
however, that the maximum number that may be allowed for foreign adoption shall not 
24 
exceed six hundred (600) a year for the first five (5) years. 
25 
SECTION 24. Who May be Adopted. - The following may be adopted; 
20 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
A. 
Any person below eighteen (18) years of age who has been 
administratively or judicially declared available for adoption; Provided 
that in the case of a child who is voluntarily committed, the physical 
transfer of said child shall be made not earlier than three (3) months 
from the date of execution of the Deed of Voluntarily Commitment by 
the child's biological parentis or guardian/so Provided further, however, 
that this prohibition against physical transfer shall not apply to all 
children being adopted by a relative or children with special medical 
conditions; 
B. 
The legitimate son/daughter of one spouse by the other spouse; 
C. 
An illegitimate son/daughter by a qualified adopter to improve his/her 
status to that oflegitimacy; 
D. 
A person of legal age if, prior to the adoption, said person has been 
consistently considered and treated by the adopter(s) as his/her own 
child since minority; 
E. 
A child whose adoption has been previously rescinded; or 
F. 
A child whose biological or adoptive parent(s) has died Provided, that 
18 
no proceedings shall be initiated within six (6) months from the time of 
19 
death of said parent(s). 
20 
SECTION 25. Documents of Prospective Adoptive Child. - Only a legally free 
21 
child may be the subject of inter-country adoption. In order that such child may be 
22 
considered for placement. The following documents must be submitted to the Adoption 
23 
Bureau: 
24 
25 
A. 
Child Study; 
B. 
Security Paper (SECPA) Birth certificate/foundling certificate; 
21 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
C. 
Certified True Copy of the Decree of Abandonment and Certificate of 
Finality or Notarized Deed of Voluntary Commitment; 
D. 
Medical evaluation/history including available, and update medical 
abstract; 
E. 
Certified True Copy of the Death Certificate of child's birthparentls, if 
applicable; 
F. 
Psychological evaluation as necessary; and that of the child's 
biological parentis; 
G. 
Child's own written consent to adoption, if he/she is ten (10) years or 
older witnessed by a social worker of the department or Child 
CaringlPlacing Agency and after proper counselling; 
H. 
Most recent whole body size picture of the child. If applicable, any 
13 
physical impairment of the child should be visible in the picture. 
14 
SECTION 26. Who may adopt. ~ Any foreign national-or a Filipino citizen 
15 
permanently residing abroad may file an application for inter-country adoption of a 
16 
Filipino child if he/she: 
17 
A. Is at least twenty-seven (27) years of age and at least sixteen (16) years 
18 
older than the child to be adopted at the time of application unless the 
19 
adopter is the parent by nature of the child to be adopted or the spouse 
20 
of such parent; 
21 
B. Has the capacity to act and assume all rights and responsibilities of 
22 
parental authority under his laws, and has undergone the appropriate 
23 
counselling from an accredited counselor in his/her country; 
24 
C. Has undergone appropriate counseling from an accredited counselor in 
25 
his/her country; 
26 
D. Has not been convicted of a crime involving moral turpitude; 
22 


1 
E. Is eligible to adopt under his/her national law; 
2 
F. 
Is in a position to provide the proper care and support and to give the 
3 
necessary moral valucs and example to all his children, including the 
4 
child to be adopted; 
5 
G. Comes from a country: 
6 
I. With whom the Philippine has diplomatic relations; 
7 
2. Whose government maintain a foreign adoption agency; and 
8 
3. Whose laws allow adoption; 
9 
H. Files jointly with his/her spouse, if any, who shall have the same 
10 
qualification and none of the disqualification to adopt as prescribed 
II 
above. 
12 
SECTION 27. Where to File Application. - The application for inter-country 
13 
adoption shall be filed either with the Philippine Regional Trial Court having jurisdiction 
14 
over the child, or with the Department through an authorized and accredited agency in the 
15 
country of the prospective adoptive parents, which application shall be in accordance 
16 
with the requirements as set forth in the implementing rules and regulations to be 
17 
promulgated by the Department. 
18 
The application shall be supported by the following documents written and 
19 
officially translated in English: 
20 
A. 
Birth certificate of applicant/s and in case of relative adoption, such 
21 
relevant documents that establish the relationship between the 
22 
applicants claiming relationship to the child to be adopted; 
23 
B. Marriage contract, and in the proper case, Decree of Divorce of a 
24 
. 
. 
prevIOus marnage; 
25 
C. Written consent in a form of sworn statement by the biological or 
26 
adopted children who are ten (10) years of age or over; 
23 


1 
D. Physical and medical evaluation by a duly licensed physician; 
2 
E. Psychological evaluation by a psychologist; 
3 
F. 
Latest income tax return or other documents showing the financial 
4 
capability of the applicant/s; 
5 
G. Clearances issued by the Police department or other proper government 
6 
agency of the place where the applicantls reside; 
7 
H. Character references from the local/church minister, the applicant's 
8 
employer and a member of the immediate community who have known 
9 
the applicantls for at least five (5) years; and 
10 
I. 
Recent post card size pictures of the applicant/s and his immediate 
11 
family. 
12 
SECTION 28. Fees, Charges and Assessment. - Fees, charges and assessments 
13 
collected by the Department in the exercise of its functions shall be used solely to process 
14 
applications for inter-country adoption and to support the activities of the Department. 
15 
SECTION 29. Family Selection/matching. -
No child shall be matched to a 
16 
foreign adoptive family unless it is satisfactorily shown that the child cannot he adopted 
17 
locally. The clearance, as issued by the Department with the copy of the minutes of the 
18 
meetings shall form part of the records of the child to be adopted. When the office is 
19 
ready to transmit the Placement Authority to the authorized and accredited inter-country 
20 
adoption agency and all the travel documents ofthe child are ready, the adoptive parents 
21 
or anyone ofthem shall personally fetch the child in the Philippines. 
22 
SECTION 30. Pre-adoptive Placement Costs. - The applicant(s) shall bear the 
23 
following costs incidental to the placement of the child. 
24 


1 
A. The cost bringing the child from the Philippines to the residence of the 
2 
applicant(s) abroad, including all travel expenses within the Philippines 
3 
and abroad; and 
4 
B. The cost of passport, VIsa, medical examination and psychological 
5 
evaluation required, and other related expenses. 
6 
SECTION 31. Supervision of Trial Assessments. ~ The government agency or the 
7 
authorized and accredited agency in the country of the adoptive parents which filed the 
8 
application for inter-country adoption shall be responsible for the trial custody and the 
9 
care of the child. It shall also provide family counseling and other related cases. The trial 
10 
custody shall be a period of six (6) months from the time of placement. Only after the 
11 
lapse of the period of trial custody shall a decree of adoption be issued in the said 
12 
country, a copy of which shall be sent to the Department to form part of the records of the 
13 
child. 
14 
During the trial custody, the adopting parentis shall submit to the governmental 
15 
agency or the authorized and accredited agency, which shall in turn transmit a copy to the 
16 
Department, a progress report of the child's adjustment. The progress report shall be 
17 
taken into consideration in deciding whether or not to issue the decree of adoption. 
18 
The department of Foreign Affairs shall set-up a system by which Filipino 
19 
children sent abroad for trial custody are monitored and checked as reported by the 
20 
authorized and accredited inter-country adoption agency as well as the repatriation to the 
21 
Philippines of a Filipino child whose adoption has not been approved. 
22 
SECTION 32. Executive Agreements. ~ The Department of Foreign Affairs, upon 
23 
representation of the Department, shall cause the preparation do Executive agreements 
24 
with countries of the foreign adoption agencics to ensure the legitimate concurrence of 
25 
said countries in upholding the safeguards provided by this act. 
25 


1 
2 
ARTICLE IV 
EFFECTS OF ADOPTION 
SECTION 33. Parental Authority. - Except in cases where the biological parent is 
the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee 
shall be severed and the same shall then be vested on the adopter(s). 
3 
SECTION 34. Legitimacy. -
The adoptee shall be considered the legitimate 
4 
son/daughter ofthe adopter(s) for all intents of the purposes and as such is entitled to all 
5 
the rights and obligations provided by the law to legitimate sons/daughters born to them 
6 
without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, 
7 
and support in keeping with the means of the family. 
8 
SECTION 35. Succession. - In legal and intestate succession, the adopter(s) and 
9 
the adoptee shall have reciprocal rights of succession without distinction from legitimate 
10 
filiation. 
11 
However, if the adoptee and his/her biological parent(s) had left a will the law on 
12 
testamentary succession shall govern. 
13 
SECTION 36. Benefits. - The adoptive parents shall, with respect to the adopted 
14 
child, enjoy all the benefits to which the biological parents are entitled. Maternity and 
15 
paternity benefits and other benefits given to the biological parents upon the birth of a 
16 
child shall be enjoyed if the adoptee is below seven (7) years of age as of the date the 
17 
child is placed with the adoptive parents thru the pre-Adoptive Placement Authority 
18 
issued by the Department. 
19 
ARTICLE V 
20 
RESCISSION OF ADOPTION 
21 
SECTION 37. Grounds for Rescission of Adoption. -
Upon petition of the 
22 
adoptee, with the assistance of the Department if a minor or if over eighteen (18) years of 
26 


1 
age but it is incapacitated, as guardian/counsd, the adoption may be rescinded on any of 
2 
the following grounds committed by the adopter(s): 
3 
A. Repeated physical and verbal maltreatment by the adopter(s) despite 
4 
having undergone counseling; 
5 
B. Attempt on the life of the adoptee; 
6 
C. Sexual assault or violence; or 
7 
D. Abandonment and failure to comply with parental obligations. 
8 
Adoption, being in the best interest of the child, shall not be subject to recession 
9 
by adopter(s). However the adopter(s) may disinherit the adoptee for causes provided in 
10 
Article 919 of the Civil Code. 
11 
SECTION 38. Effects of Rescission. - If he petition is granted, the parental 
12 
authority of the adoptee's biological parent(s), if known, or the legal custody of the 
13 
Department shall be restored if the adoptee is still a minor or incapacitated. The 
14 
reciprocal right and obligations of the adopter(s) and the adoptee to each other shall be 
15 
extinguished. 
16 
The court shall order the Civil Registrar to cancel the amended certificate of birth 
17 
of the adoptee and restore his/her original birth certificate. 
18 
Succession rights shall reveli to its status prior to adoption, but only as of the date 
19 
of judgment or judicial rescissions. Vested rights acquired prior to judicial rescission 
20 
shall be respected. 
21 
All the foregoing effects of rescissions of adoption shall be without prejudice to 
22 
the penalties imposable under the Penal Code if the criminal acts are properly proven. 
23 
ARTICLE VI 
24 
CONFIDENTIAL NATURE OF PROCEEDINGS 
25 
SECTION 39. Confidential Nature of Proceedings and Records. - All hearings in 
26 
adoption cases shall be confidential and shall not be open to the pUblic. All records, 
27 


1 
books and papers relating to the adoption cases in the files of the court, the Department, 
2 
or any other agency or institution participating in the adoption proceedings shall be kept 
3 
strictly confidential. 
4 
If the court finds the disclosure of the information to a third person is necessary 
5 
for purposes connected with or arising out ofthe adoption and will be for the best interest 
6 
of the adoptee, the court may merit the necessary information to be released, restricting 
7 
the purposes for which it may be used. 
8 
No copy thereof as well as any information relating hereto shall be released 
9 
without written authority from the Department or the written request of any of the 
10 
following. 
11 
A. The child/adopted person, with appropriate guidance and counselling, 
12 
or his/her duly authorized representative, spouse, parent or parents, 
13 
direct descendants, or guardian or legal institution legally in charge of 
14 
the adopted person, if minor; 
15 
B. The court or proper public official whenever necessary in an 
16 
administrative, judicial or other official proceeding to determine the 
17 
identity of the parent or parents or of the circumstances surrounding the 
18 
birth of the child/adopted person; or 
19 
C. The nearest kin, in case of death of the child/adopted person. 
20 
The Department shall ensure that information held by them concerning the origin 
21 
of the childladopted person, in particular the identity of his Iher biological parents, is 
22 
preserved. 
23 
ARTICLE VII 
24 
VIOLATIONS AND PENALTIES 
25 
SECTION 40. Violations and Penalties. -
28 


1 
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 
A. Any person who shall knowingly participate in the conduct or carrying 
out of an illegal adoption, in violation of the provisions of this Act, 
shall be punished with a penalty of imprisonment ranging from six (6) 
years and one (1) day to twelve (12) years and/or a fine not less than 
fifty thousand pesos (,1"50,000.00), but not more than two hundred 
thousand pesos (t>200,000.00) 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 of the birth of the 
child under the name(s) of a person(s) who is not his/her biological 
parent(s) shall be guilty of simulation of birth, and shall be punished by 
prison mayor in its medium period and a fine not exceeding fifty 
thousand pesos (1"50,000.00). 
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 
29 


1 
suffer the penalty of imprisonment ranging from one (1) year and one 
2 
(1) day to two (2) years, and/or a fine of not less than five thousand 
3 
pesos (1"5,000.00) but not more than ten thousand pesos (1"10,000.00) 
4 
at the discretion of the court. 
S 
A penalty lower by two (2) degrees than that prescribed for the 
6 
consummated offense under this Article shall be imposed upon the 
7 
principals of the attempt to commit any of the acts herein enumerate. 
8 
Act punishable under this Article, when committed by a 
9 
syndicate or where it involves two (2) or more children shall be 
10 
considered as an offense constituting child trafficking and shall merit 
11 
the penalty of reclusion perpetua. 
12 
Act punishable under this Article are deemed committed by a 
13 
syndicate if carried out by a group of three (3) or more persons 
14 
conspiring and/or confederating with one another in carrying out any of 
15 
the unlawful acts defined under this Article. 
16 
Penalties are herein provided, shall be in addition to any other 
17 
penalties which may be imposed for the same acts punishable under 
18 
other laws, ordinances, executive orders, and proclamations. 
19 
When the offender is an alien, he/she shall be deported 
20 
immediately after service of sentence and perpetually excluded from 
21 
entry to the country. 
22 
SECTION 41. Public Officers as Offender. - Any government official, employee 
23 
or functionary who shall be found guilty of violating any provisions of this Act, or who 
24 
shall conspire with private individual shall, in addition to the above prescribed penalties, 
25 
be penalized in accordance with existing civil service laws, rules and regUlations. 
26 
Provided, that upon the filing of a case either administrative or criminal, said government 
30 


1 
official, employee, or functionary concerned shall automatically suffer suspension until 
2 
the resolution ofthe case. 
3 
SECTION 42. Rectification of Simulated Births. - A person who has, prior to the 
4 
effectivity of this Act, simulated the birth of a child shall not be punished for such act; 
5 
Provided that the simulation of the birth was made for the best interest of the child and 
6 
that he/she has been consistently considered and treated by that person as his/her own 
7 
son/daughter. Provided, further that the application for correction of the birth registration 
8 
and petition for adoption shall be filed within five (5) years from the effectivity of this 
9 
Act and completed thereafter. Provided, finally, that such person complies with the 
10 
procedure as specified in Article IV of this Act and other requirements as determined by 
11 
the department. 
12 
ARTICLE VIII 
13 
FINAL PROVISIONS 
14 
SECTION 43. Implementing Rules and Regulation. - Within six (6) months from 
15 
the promulgation of this Act, the Department with the Council for the Welfare of the 
16 
Children, the Office of Civil Registry General, the Department of Justice, Office of the 
17 
Solicitor General, Department of Foreign Affairs after due consultation with agencies 
18 
involved in child-care and placement shall promulgate the necessary rules and regulations 
19 
to implement the provisions of this act within six (6) months after its effectivity. 
20 
SECTION 44. Appropriations. -
Such sum as may be necessary for the 
21 
implementation of the provisions of this Act shall be included in the General 
22 
Appropriations Act of the year following its enactment into law and thereafter. 
23 
SECTION 45. Separability Clause. - If any provision of this Act is held invalid or 
24 
unconstitutional, the same shall not affect the validity and effectivity of the other 
25 
provisions hereof. 
31 


1 
SECTION 46. Repealing Clause. - All laws, decrees, orders, and issuances, or 
2 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
3 
repealed, amended or modified accordingly. 
4 
SECTION 47. Effectivity Clause. - This Act shall take effect fifteen (15) days 
5 
after its publication in the Official Gazette or in two (2) newspapers of general 
6 
circulation. 
Approved, 
iamllOJuly2015 
32