Definitions
- DSWD: Sole authority to issue certifications declaring children legally available for adoption.
- Child: Person below 18 years or with disability unable to protect themselves.
- Abandoned Child: No parental care or deserted continuously for at least 3 months.
- Neglected Child: Basic needs unattended for at least 3 months; includes physical and emotional neglect.
- Child Legally Available for Adoption: Issued a certification by DSWD after proof of abandonment/neglect or voluntary commitment by parents.
- Voluntarily Committed Child: Parent/legal guardian relinquishes custody to DSWD or accredited institution.
- Child-caring agency: Accredited agency providing 24-hour care to children.
- Child-placing agency: Accredited agency facilitating foster or adoptive parent placement.
- Petitioner: Authorized agency or officer with custody filing the petition.
- Secretary: Secretary of DSWD or authorized representative.
- Conspicuous Place: Publicly frequented place for posting notices.
- Social Case Study Report (SCSR): Assessment report by a licensed social worker regarding the child's condition and efforts to locate relatives.
Petition Requirements
- Must be an affidavit sworn before authorized official.
- Should contain facts establishing abandonment or neglect.
- Must be supported by:
- Social Case Study Report.
- Proof of diligent efforts to locate biological parents or relatives (e.g., broadcast, newspaper publication, police or barangay reports, PNRC tracing).
- Birth certificate, if available.
- Recent and abandonment/admission photographs of the child.
Petition Filing Procedure
- File at the regional DSWD office where the child was found or abandoned.
- Regional Director reviews petition; if sufficient, orders posting of the petition notice for five consecutive days at a conspicuous place.
- Makes a recommendation within five working days after posting.
- Transmits recommendation to DSWD Secretary within 48 hours.
Declaration of Availability for Adoption
- Upon merit, Secretary issues certification within seven working days from receipt of recommendation.
- Certification is primary evidence of legal availability for adoption.
- Local civil registrar issues foundling certificate immediately.
- Foundling certificate forwarded to National Statistics Office within seven working days.
Appeal
- Secretary's decision can be appealed to the Court of Appeals within five days of receipt.
- If no appeal is filed within the period, decision becomes final and executory.
Availability Declaration for Involuntarily or Voluntarily Committed Children
- For involuntary commitment under PD No. 603, certification issued within three months.
- For voluntary commitment, certification issued within three months after deed filing with DSWD.
- Voluntarily committing parent/guardian may recover custody within three months if able to provide adequately.
Certification Nature
- Certification by DSWD replaces judicial orders.
- This makes the process administrative, streamlining adoption proceedings.
- Valid for domestic and inter-country adoptions under respective laws.
Implementing Rules and Regulations
- DSWD, Council for Welfare of Children, Inter-Country Adoption Board, representatives from agencies, NSO, and Civil Registrar to draft rules within 60 days of publication.
- Pending rules, petitions may be filed at DSWD regional offices.
Penalties
- Fine of PHP 100,000 to PHP 200,000 for placing children without DSWD certification.
- Agency violating the law will have its license revoked and officers prosecuted.
- Government officials/employees violating provisions face administrative, civil, or criminal sanctions including suspension or dismissal.
Repealing Clause
- Amends or repeals provisions of RA No. 8552, RA No. 8043, PD No. 603, and other inconsistent laws or regulations.
Separability Clause
- Invalid or unconstitutional provisions do not affect the validity of the remaining law.
Effectivity
- Takes effect 15 days after complete publication in two newspapers of general circulation or the Official Gazette.