Domestic Adoption Act of 1998

Key definitions and statutory terms

Section 3 defines “Child” as a person below eighteen (18) years of age.
Section 3 defines “Child legally available for adoption” as a child voluntarily or involuntarily committed to the Department or to a duly licensed and accredited child-placing or child-caring agency, freed of parental authority of biological parent(s) or guardian or adopter(s) in case of rescission of adoption.
Section 3 defines “Voluntarily committed child” as a child whose parent(s) knowingly and willingly relinquishes parental authority to the Department.
Section 3 defines “Involuntarily committed child” as a child whose parent(s) (known or unknown) has been permanently and judicially deprived of parental authority due to abandonment, substantial, continuous, or repeated neglect, abuse, or incompetence to discharge parental responsibilities.
Section 3 defines “Abandoned child” as one with no proper parental care or guardianship, or whose parent(s) deserted him/her for at least six (6) continuous months, with a judicial declaration as abandoned.
Section 3 defines “Supervised trial custody” as a period where a social worker oversees adjustment and emotional readiness of both adopter(s) and adoptee to stabilize their filial relationship.
Section 3 defines “Department” as the Department of Social Welfare and Development.
Section 3 defines:
- “Child-placing agency” as a duly licensed and accredited agency providing comprehensive child welfare services, including receiving adoption applications, evaluating prospective adoptive parents, and preparing the adoption home study.
- “Child-caring agency” as a duly licensed and accredited agency providing twenty four (24)-hour residential care for abandoned, orphaned, neglected, or voluntarily committed children.
- “Simulation of birth” as tampering of the civil registry to make it appear a child was born to a person who is not the child’s biological mother, causing loss of true identity and status.

Pre-adoption services and placement steps

Section 4 requires the Department to provide licensed social workers for counseling services.
Section 4 mandates counseling for biological parent(s) both before and after birth, and prohibits any binding commitment to an adoption plan before the birth.
Section 4 grants biological parent(s) a six (6) months period to reconsider relinquishment before it becomes irrevocable, and requires counseling and rehabilitation services after relinquishment.
Section 4 requires steps to ensure biological parent(s) are not subjected to hurried decisions and that alternatives and their implications are explained.
Section 4 requires counseling for prospective adoptive parent(s) through counseling sessions, adoption seminars, and other services to resolve adoption issues and prepare for effective parenting.
Section 4 requires counseling for prospective adoptee to understand adoption, and to express views in accordance with age and maturity.
Section 5 imposes on the Department or the custody-holding child-placing/child-caring agency the duty to exert all efforts to locate unknown biological parent(s).
Section 5 provides that if efforts fail, the child must be registered as a foundling, then made the subject of legal proceedings for a declaration of abandonment.
Section 6 requires the Department to develop a pre-adoption program that includes the services described in the pre-adoption sections.

Who may adopt and who may be adopted

Section 7 allows adoption only by:
- Any Filipino citizen of legal age with full civil capacity and legal rights, good moral character, not convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and able to support and care for children consistent with the family’s means.
- An age difference of sixteen (16) years may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s parent.
Section 7 allows adoption by an alien who has the same qualifications as Filipino nationals, provided that:
- The alien’s country has diplomatic relations with the Republic of the Philippines.
- The alien has lived in the Philippines for at least three (3) continuous years prior to filing and maintains such residence until the adoption decree is entered.
- The alien has certification by the diplomatic/consular office or appropriate government agency of legal capacity to adopt in the alien’s country.
- The alien’s government allows the adoptee to enter the alien’s country as an adopted son/daughter.
Section 7 provides that residency and certification requirements may be waived for:
- A former Filipino citizen adopting a relative within the fourth (4th) degree of consanguinity or affinity.
- A person adopting the legitimate son/daughter of the Filipino spouse.
- A person married to a Filipino citizen adopting jointly with the spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
Section 7 allows adoption by the guardian of a ward after termination of guardianship and clearance of financial accountabilities.
Section 7 requires husband and wife to jointly adopt except when:
- One spouse adopts the legitimate son/daughter of the other.
- One spouse adopts his/her own illegitimate son/daughter, with the other spouse’s consent.
- The spouses are legally separated.
Section 7 states that in joint adoption or when one spouse adopts the other’s illegitimate child, the spouses exercise joint parental authority.
Section 8 allows adoption of:
- Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption.
- The legitimate son/daughter of one spouse by the other spouse.
- An illegitimate son/daughter by a qualified adopter to improve status to legitimacy.
- A person of legal age who, prior to adoption, has been consistently considered and treated by the adopter(s) as their own child since minority.
- A child whose adoption has been previously rescinded.
- A child whose biological or adoptive parent(s) has died, provided no proceedings are initiated within six (6) months from the death.
Section 9 requires written consent to adoption after counseling and informing the person(s) of the right to give or withhold approval. Consent is required from:
- The adoptee, if ten (10) years of age or over.
- The biological parent(s) if known, or the legal guardian, or the proper government instrumentality with legal custody of the child.
- The legitimate and adopted sons/daughters of the adopter(s) and adoptee, if any, who are ten (10) years of age or over.
- The illegitimate sons/daughters of the adopter who are ten (10) years of age or over, if living with the adopter and the adopter’s spouse, if any.
- The spouse, if any, of the person adopting or to be adopted.

Required court process and adoption safeguards

Section 10 requires the court in all adoption proceedings to require proof that biological parent(s) were properly counseled to prevent hurried decisions caused by strain or anxiety to give up the child.
Section 10 requires proof that all measures to strengthen the family have been exhausted and that prolonged stay of the child in the biological home would be inimical to the child’s welfare and interest.
Section 11 bars setting a petition for adoption for hearing unless a case study is made and reported:
- A licensed social worker of the Department, the social service office of the local government unit, or a child-placing or child-caring agency must conduct the case study on the adoptee, biological parent(s), and adopter(s).
- The study must be submitted to the court hearing the petition with report and recommendations.
Section 11 requires that during preparation of the adoptee’s case study, the social worker must confirm with the Civil Registry the real identity and registered name of the adoptee.
Section 11 provides that if the adoptee’s birth was not registered, the social worker must ensure registration.
Section 11 requires that the case study:
- Establish that the adoptee is legally available for adoption and that supporting documents are valid and authentic.
- Ascertain the adopter(s)’ genuine intentions and that the adoption is in the best interest of the child.
Section 11 authorizes Department intervention on behalf of the adoptee to deny the petition if, after case studies, the Department finds denial is warranted.
Section 11 mandates preservation by the Department of the case studies and other relevant documents and records pertaining to the adoptee and adoption.
Section 12 provides that no petition is finally granted until the court gives the adopter(s) a supervised trial custody period of at least six (6) months.
Section 12 vests temporary parental authority in the adopter(s) during supervised trial custody.
Section 12 authorizes the court to reduce the trial period if it finds reduction is in the best interest of the adoptee, with stated reasons, either motu proprio or upon motion.
Section 12 requires alien adopter(s) to complete the six (6) month trial custody except for aliens in the cases enumerated in Section 7(b)(i)(ii)(iii).
Section 12 states that if the child is below seven (7) years of age and is placed with prospective adopter(s) through a pre-adoption placement authority issued by the Department, the prospective adopter(s) enjoy all benefits to which biological parent(s) is entitled from the date the adoptee is placed.
Section 13 provides that after publication of the hearing order is complied with, no opposition is interposed, and the court considers case studies, adopter(s) qualifications, trial custody report, and evidence, the court shall enter a decree of adoption if convinced the petitioners are qualified and the adoption is in the best interest of the adoptee.
Section 13 states the decree is effective as of the date the original petition was filed.
Section 13 extends the protection where petitioners die before issuance of the decree, by applying the decree rule to protect the adoptee’s interest.
Section 13 requires the decree to state the name by which the child is to be known.
Section 14 requires Civil Registry action:
- An amended birth certificate must be issued attesting the adoptee is the child of the adopter(s) registered with the adopter(s)’ surname.
- The original certificate must be stamped “cancelled” with annotation of issuance of an amended birth certificate, and sealed in the civil registry records.
- The new birth certificate issued to the adoptee must not bear any notation that it is an amended issue.
Section 15 makes adoption hearings and records confidential and not open to the public.
Section 15 requires strict confidentiality for all records, books, and papers in court files, the Department’s files, or any participating agency or institution.
Section 15 allows the court to order release of necessary information to a third person when disclosure is necessary for purposes connected with or arising out of adoption and will be in the adoptee’s best interest, while restricting purposes for use.

Effects of adoption and adoption rescission

Section 16 provides that except where the biological parent is the spouse of the adopter, all legal ties between biological parent(s) and adoptee are severed and vested on the adopter(s).
Section 17 provides that the adoptee is the legitimate son/daughter of the adopter(s) for all intents and purposes and is entitled to rights and obligations of legitimate sons/daughters without discrimination.
Section 17 provides that the adoptee is entitled to love, guidance, and support consistent with the means of the family.
Section 18 provides reciprocal rights of succession between adopter(s) and adoptee in legal and intestate succession without distinction from legitimate filiations.
Section 18 provides that if the adoptee and biological parent(s) left a will, testamentary succession rules apply.
Section 19 allows rescission of adoption upon petition of the adoptee, with assistance of the Department if the adoptee is a minor or over eighteen (18) years of age but incapacitated as guardian/counsel.
Section 19 provides rescission may be granted on grounds committed by the adopter(s):
- Repeated physical and verbal maltreatment despite having undergone counseling.
- Attempt on the life of the adoptee.
- Sexual assault or violence.
- Abandonment and failure to comply with parental obligations.
Section 19 prohibits rescission by the adopter(s) because adoption is in the best interest of the child.
Section 19 provides that adopter(s) may disinherit the adoptee for causes in Article 919 of the Civil Code.
Section 20 provides effects if rescission is granted:
- Parental authority of the adoptee’s biological parent(s), if known, or the legal custody of the Department is restored if the adoptee is still a minor or incapacitated.
- Reciprocal rights and obligations between adopter(s) and adoptee are extinguished.
Section 20 requires the court to order the Civil Registrar to cancel the amended certificate of birth and restore the original birth certificate.
Section 20 states succession rights revert to their status prior to adoption as of the date of judgment of judicial rescission, while vested rights acquired prior to judicial rescission are respected.
Section 20 provides that rescission effects are without prejudice to penalties imposable under the Penal Code if criminal acts are properly proven.

Criminal offenses, civil consequences, and penalties

Section 21 imposes a penalty of imprisonment from six (6) years and one (1) day to twelve (12) years, and/or a fine from PHP 50,000.00 to PHP 200,000.00, at the discretion of the court, for acts including:
- Obtaining consent for adoption through coercion, undue influence, fraud, improper material inducement, or similar acts.
- Non-compliance with adoption procedures and safeguards provided by the Act.
- Subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
Section 21 punishes simulation of birth with prision mayor in its medium period and a fine not exceeding PHP 50,000.00, imposed on any person who causes fictitious registration of a child’s birth under another person’s name(s) who is not the child’s biological parent(s).
Section 21 provides that a physician, nurse, or hospital personnel who, in violation of the oath of office, cooperates in simulation of birth is punished with the same penalties prescribed and also permanent disqualification.
Section 21 punishes violation of confidentiality and integrity rules for adoption records, documents, and communications with imprisonment from one (1) year and one (1) day to two (2) years, and/or a fine from PHP 5,000.00 to PHP 10,000.00, at the discretion of the court.
Section 21 requires that principals of the attempt to commit acts under Section 21 receive a penalty lower by two (2) degrees than that prescribed for the consummated offense.
Section 21 provides that acts punishable under the Article committed by a syndicate or where it involves two (2) or more children are deemed child trafficking and merit the penalty of reclusion perpetua.
Section 21 defines commission “by a syndicate” when carried out by a group of three (3) or more persons conspiring and/or confederating to execute any unlawful act under Section 21.
Section 21 provides that penalties under this Act are in addition to other penalties under other laws, ordinances, executive orders, or proclamations.
Section 21 requires that if the offender is an alien, the offender shall be deported immediately after service of sentence and perpetually excluded from entry to the country.
Section 21 provides that any government official, employee, or functionary found guilty of violating the Act or conspiring with private individuals is additionally penalized under existing civil service laws, rules, and regulations, and that upon filing of a case (administrative or criminal), the concerned official automatically suffers suspension until resolution.
Section 22 establishes a limited non-punishment rule for simulation of birth committed prior to the effectivity of the Act, provided:
- Simulation of birth was made for the best interest of the child.
- The person has been consistently considered and treated as his/her own son/daughter.
- The application for correction of birth registration and petition for adoption is filed within five (5) years from the Act’s effectivity and completed thereafter.
- The person complies with the procedure under Article IV and other requirements determined by the Department.

Adoption administration and implementing rules

Section 23 establishes an Adoption Resources and Referral Office under the Department.
Section 23 assigns the Office functions including:
- Monitoring the existence, number, and flow of children legally available for adoption and prospective adopters to facilitate matching.
- Maintaining a nationwide information and educational campaign on domestic adoption.
- Keeping records of adoption proceedings.
- Generating resources to help child-caring and child-placing agencies and foster homes maintain viability.
- Conducting policy research in collaboration with the Inter-country Adoption Board and other concerned agencies.
Section 23 requires that the Office be manned by adoption experts from the public and private sectors.
Section 24 requires the Department, with the Council for the Welfare of Children, the Office of Civil Registry General, the Department of Justice, the Office of the Solicitor General, and two (2) private individuals representing child-placing and child-caring agencies, to formulate guidelines to make the Act operative within six (6) months from promulgation.
Section 25 provides that necessary sums for implementation must be included in the General Appropriations Act for the year following enactment and thereafter.

Repeal, separability, and effectivity

Section 26 repeals, modifies, or amends any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with the Act.
Section 27 provides separability: if any provision is held invalid or unconstitutional, the remaining provisions remain valid and subsisting.
Section 28 sets effectivity at fifteen (15) days following complete publication in any newspaper of general circulation or in the Official Gazette.
Republic Act No. 8552 was approved on February 25, 1998.