Certification for Child Adoption by DSWD

DSWD: The sole agency authorized to issue certification declaring a child legally available for adoption.
Child: A person below 18 years or over 18 but unable to care for themselves due to disability or condition.
Abandoned Child: A child without proper parental care or whose parents have deserted them for at least three continuous months.
Neglected Child: A child whose basic needs are deliberately or inadequately attended for at least three months; neglect may be physical (malnutrition, lack of shelter) or emotional (maltreatment, exploitation).
Child Legally Available for Adoption: A child certified by the DSWD as such after proof of abandonment, neglect, or voluntary commitment by parent(s) or guardian.
Voluntarily Committed Child: One whose parent(s) or guardian has relinquished parental authority willingly to the DSWD or accredited agencies.
Child-caring agency/institution: DSWD-accredited institutions providing residential care to such children.
Child-placing agency/institution: Accredited bodies facilitating foster or adoptive placements.
Petitioner: An authorized agency head or government officer filing for the child’s legal availability for adoption.
Social Case Study Report (SCSR): Licensed social worker’s assessment and efforts to locate parents/relatives.

Must be a sworn affidavit detailing abandonment or neglect circumstances.
Supported by:
- SCSR from authorized custodian agency.
- Proof of effort to locate parents/relatives (media announcements, newspaper publication, police/barangay reports, PNRC tracing, returned registered mail).
- Birth certificate if available.
- Recent and initial photographs of the child.

Filed at the regional DSWD office where the child was found or abandoned.
Regional Director reviews for sufficiency and authorizes posting notice in a conspicuous place for 5 consecutive days.
Recommendation is issued within 5 working days after notice posting.
Recommendation and records transmitted to DSWD Secretary within 48 hours.

Secretary issues certification within 7 working days of receipt of recommendation if petition is meritorious.
Certification is the sole basis for immediate issuance of a foundling certificate by the local civil registrar.
Foundling certificate transmitted to the National Statistics Office within 7 working days.

Secretary’s decision may be appealed to the Court of Appeals within 5 days of receipt.
If not appealed within period, decision becomes final and executory.

Certification for involuntarily committed child issued within 3 months of commitment under Presidential Decree No. 603.
Certification for voluntarily committed child issued within 3 months following filing of Deed of Voluntary Commitment.
Parent(s) or guardian may petition to recover custody within 3 months if able to provide adequately.

Certification issued by DSWD replaces judicial order, rendering the process administrative.
Certification is primary evidence of legal availability in both domestic and inter-country adoption proceedings.

DSWD, Council for Welfare of Children, Inter-Country Adoption Board, representatives from child-placing and caring agencies, NSO, and Office of Civil Registrar to draft implementing rules within 60 days of publication.
Pending promulgation, petitions may still be filed in regional DSWD offices.

Fine from P100,000 to P200,000 for placing a child for adoption without the DSWD certification.
Revocation of licenses for violating agencies or institutions.
Criminal prosecution of officers and employees possible.
Government officials found violating may face administrative, civil, and/or criminal sanctions including suspension or dismissal.

Amends or repeals inconsistent provisions in Republic Act No. 8552, Republic Act No. 8043, Presidential Decree No. 603, and related issuances.

Declaration of any provision as invalid or unconstitutional does not affect the validity of the remaining provisions.

The Act takes effect 15 days after complete publication in two newspapers of general circulation or Official Gazette.