QuestionsQuestions (Republic Act No. 11767)
A “foundling” is a deserted or abandoned child or infant with unknown facts of birth and parentage. It also includes those duly registered as foundlings during infancy but who reached the age of majority without benefitting from adoption procedures upon the passage of the law.
A finder is a person of legal age who discovered the deserted or abandoned child. If the actual finder is a minor, his/her parent or legal guardian must assist in reporting. The finder must report within 48 hours upon discovery to the LSWDO closest to the finder, or any safe haven provider.
The LSWDO or safe haven provider coordinates with the NACC through the Regional Alternative Child Care Office (RACCO) to ensure provision of appropriate care and services consistent with the child’s needs and best interests.
A foundling is presumed a natural-born Filipino citizen regardless of the status or circumstances of birth. This presumption is meant to apply at the moment of birth and grants rights and protections equivalent to other natural-born citizens whose citizenship does not need perfection.
It may not be impugned unless substantial proof of foreign parentage is shown. It also shall not be affected by simulated birth certificate, absence of a legal adoption process, or inaction/delay in reporting, documenting, or registering the foundling.
The foundling shall be declared legally available for adoption subject to existing laws, rules, and regulations, considering the best interests of the child.
RA 11767 applies the relevant provisions of Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act). Once finalized, the adopted foundling is considered the legitimate child of the adopter for all intents and purposes, entitled to rights and obligations of legitimate children without discrimination, and filiation extends to the adopter’s parents, legitimate siblings, and legitimate descendants.
They must ensure alternative child care options such as kinship care, foster care, or residential care, consistent with existing laws, while the search/inquiry is ongoing.
Foundlings are entitled as a matter of right to available government programs/services including registration, facilitation of documents for adoption, education, legal and police protection, proper nourishment and medical care for survival and development, and admission to safe and secure child centers.
Within 15 days after commitment/submission/notice to NACC, unless more time is needed due to significant developments.
It may ask assistance from the finder, LGUs, LSWDOs, local/rural health units, PNP women and child protection desks, DOH, public/private hospitals, and other concerned individuals.
Television, radio/print media, and social media may be used to conduct the search or locate parents, but it must not compromise confidentiality of one’s identity.
(a) Affidavit of the finder; (b) certification of the barangay captain or police authority on the circumstances surrounding discovery (with notice to both barangays if different); (c) report of the NACC duly signed by the authorized officer, attesting that birth/parentage are unknown despite proactive and diligent search.
It provides that in the Certificate of Live Birth and succeeding public documents, the foundling shall not be referred to as such or in any discriminatory manner; privacy and best interest of the child must be protected at all times.
Any parent who relinquishes an infant 30 days old and younger to specified persons/entities is exempt from criminal liability. Recipients include: a licensed child-caring agency, licensed child-placing agency, a church (regular place of religious worship), DOH-accredited health facilities (e.g., hospitals, birthing homes, rural health units, barangay health stations), the LSWDO, and DSWD/LGU-managed residential care facilities.
Within 48 hours, the safe haven provider must inform the NACC through the RACCO that a child has been relinquished in its custody, including information on identity and circumstances of abandonment.
A penalty of imprisonment of not less than 6 months but not more than 5 years applies to the finder, NACC/RACCO employees, staff of child-caring/child-placing facilities, safe haven providers, police officers, and city/municipal/barangay officers, health employees, hospital staff, and other concerned persons who refuse, delay, or obstruct the conduct of search and inquiry.