Question & AnswerQ&A (Republic Act No. 11767)
The short title of the law is "Foundling Recognition and Protection Act".
A foundling is defined as a deserted or abandoned child or infant with unknown facts of birth and parentage, including those registered as foundlings during infancy but who have reached the age of majority without benefitting from adoption procedures.
A foundling found in the Philippines or Philippine embassies, consulates, and territories abroad is presumed a natural-born Filipino citizen regardless of the status or circumstances of birth.
The finder, who must be of legal age or assisted by a parent or guardian if a minor, must report the discovery within 48 hours to the Local Social Welfare and Development Office (LSWDO) or any safe haven provider, which will coordinate with the NACC for care and services.
Foundlings are entitled to every available government program or service, including registration, facilitation of adoption documents, education, legal and police protection, proper nourishment and medical care, and admission to safe and secure child centers.
If biological parents cannot be identified, the foundling is declared legally available for adoption subject to Republic Act No. 11642 provisions. Upon finalization, the adoptee is considered a legitimate child of the adopter with rights and obligations equal to those of legitimate children born to them.
Registration requires an affidavit of the finder, a certification by barangay captain or police authority, and a report from the NACC after a diligent search fails to establish parentage. The Local Civil Registrar then issues a Certificate of Live Birth for the foundling.
Falsification of foundling registration documents is punishable by imprisonment of six months to six years; if done to facilitate kidnapping or trafficking, penalties increase to imprisonment of three months to two years and/or fines up to five million pesos, with public officers facing higher penalties and perpetual disqualification from office.
A Safe Haven is a place where a parent can relinquish an infant 30 days old or younger without criminal liability. Safe Haven providers include licensed child-caring or child-placing agencies, churches, DOH-accredited health facilities, LSWDOs, and DSWD or LGU-managed residential care facilities.
Yes, biological parents or legal guardians may petition the NACC to recover legal custody and restore parental authority unless the child is already adopted, in which case legal ties are severed.