Question & AnswerQ&A (Republic Act No. 9523)
The main purpose of Republic Act No. 9523 is to require a certification from the Department of Social Welfare and Development (DSWD) declaring a child legally available for adoption as a prerequisite for adoption proceedings, amending provisions in existing adoption laws and child welfare codes to prioritize the best interests of the child.
A 'child' is defined as a person below eighteen (18) years of age or a person over eighteen (18) years old who is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination due to physical or mental disability or condition.
An abandoned child is one who has no proper parental care or guardianship, or whose parent(s) have deserted him/her for at least three (3) continuous months, including being a foundling.
It refers to a child for whom the DSWD has issued a certification declaring that the child is legally available for adoption after abandonment or neglect has been proven or who was voluntarily committed by the parent(s) or legal guardian.
The petition must be supported by a Social Case Study Report (SCSR), proof of efforts to locate the child's biological parents or relatives (such as broadcast certifications, publication, police or barangay reports, tracing reports), birth certificate if available, and recent and previous photographs of the child.
The petition is filed in the regional office of the DSWD where the child was found or abandoned, in the form of an affidavit with supporting documents.
The Regional Director examines the petition, posts a notice in a conspicuous place for five consecutive days, then renders a recommendation within five working days, which is transmitted to the Secretary of the DSWD for issuance of certification.
Any person, institution, or agency placing a child for adoption without the required certification shall face a penalty of One hundred thousand pesos (P100,000.00) to Two hundred thousand pesos (P200,000.00), revocation of license to operate, and possible criminal prosecution and sanctions for involved officials.
Yes, the decision is appealable to the Court of Appeals within five (5) days from receipt by the petitioner; otherwise, the decision becomes final and executory.
Parents or legal guardians may petition the DSWD to recover legal custody and parental authority within three months after signing the Deed of Voluntary Commitment if they can adequately provide for the child's needs.