Law Summary
Declaration of Policies
- The State prioritizes care and custody by biological parents.
- Adoption by unrelated persons is considered only if no suitable family placement exists.
- The child's interest is paramount, aligned with international child rights conventions.
- The State provides alternative protection via foster care or adoption for neglected, orphaned, or abandoned children.
- Safeguards to prevent rushed parental relinquishment and protect adoptive parents' rights are mandated.
- Termination of parental authority must be legal and custodial transfer handled by the Department of Social Welfare and Development (DSWD) or licensed agencies.
- Public education on adoption and capacity-building in government and private sectors are required.
- Domestic adoption is preferred to preserve the child's identity; inter-country adoption is a last resort.
Definition of Terms
- Child: Person under 18 years old.
- Child legally available: Child freed of parental authority and committed to the DSWD or licensed agency.
- Voluntarily committed child: Parental authority relinquished willingly.
- Involuntarily committed child: Judicially deprived of parental authority due to neglect or abuse.
- Abandoned child: Deserted for at least six months, declared abandoned by court.
- Supervised trial custody: Period supervising adopter and adoptee adjustment.
- DSWD: Department of Social Welfare and Development.
- Child-placing agency: Licensed agency evaluating prospective adopters and preparing home studies.
- Child-caring agency: Licensed residential care facility for children.
- Simulation of birth: Tampering with birth records to falsify parentage.
Counseling and Pre-Adoption Services
- Licensed social workers counsel biological parents pre- and post-birth, allowing a six-month revocation period for relinquishment decisions.
- Counseling and seminars for prospective adoptive parents to prepare for parenting.
- Counseling for prospective adoptees tailored to age and maturity for understanding adoption.
Location of Unknown Parents
- DSWD or relevant agencies must locate unknown biological parents or register the child as a foundling and legally declare abandonment.
Eligibility to Adopt
- Filipino citizens must be of legal age, possess full civil capacity, be morally upright, psychologically capable, at least 16 years older than the adoptee, and financially capable.
- Aliens must meet similar qualifications, have diplomatic relations, residency requirements, and have legal capacity certified by their countries; some exceptions exist for family adoptions.
- Guardians may adopt after guardianship termination and clearance.
- Joint adoption by spouses is mandatory except under specified conditions; parental authority is exercised jointly.
Persons Eligible for Adoption
- Children under 18 legally available for adoption.
- Legitimate child of one spouse by the other.
- Illegitimate child adopted to legitimize status.
- Legal age person consistently treated as a child since minority.
- Previously rescinded adoption cases and children of deceased parents (with a six-month waiting period after death).
Consent Requirements
- Written consent required from:
- Adoptee aged ten or over.
- Biological parents or legal guardian or government agency.
- Legitimate and adopted children aged ten or over of the adopter(s).
- Illegitimate children living with the adopter/spouse.
- Spouse of the adopter.
Prevention of Hurried Decisions
- Courts shall ensure biological parents are properly counseled and that alternatives to adoption are exhausted prior to termination of parental authority.
Case Study Requirement
- A licensed social worker must conduct studies on adoptee, biological parents, and adopter(s), verifying the child's legal availability and adopter's intentions before court hearings.
- Registrar confirmation and, if necessary, registration of birth is required.
- The DSWD may intervene to deny petitions if not in the child's best interest.
Supervised Trial Custody
- A minimum six-month supervised custody period is required before final adoption decree granting parental authority temporarily to adopters.
- Courts may shorten the period only in the child’s best interest; aliens generally must complete six months unless exempted.
- Pre-adoption placements of children below seven have similar effects to biological parents.
Adoption Decree
- The court grants adoption decree after publication, absence of opposition, valid case studies, trial custody report, and confirmation of adopter qualifications.
- Decree effective from petition filing date and remains valid if the petitioner dies before issuance.
- The child’s new name is stated in the decree.
Civil Registry Amendment
- An amended birth certificate is issued to reflect adoptive parentage.
- Original certificate is cancelled and sealed; no mention of amendment on new certificate.
Confidentiality
- Adoption hearings and records are confidential.
- Information may be disclosed only if court finds it necessary and beneficial to the child, strictly limiting the scope of use.
Effects of Adoption
- Legal ties with biological parents severed except if adopter is spouse of biological parent; authority vested to adopter(s).
- Adoptee gains full legitimacy and rights equivalent to biological children.
- Reciprocal succession rights apply equally, subject to testamentary provisions.
Grounds for Rescission
- Adoption may be rescinded upon petition by adoptee for:
- Repeated maltreatment despite counseling.
- Life-threatening attempts.
- Sexual violence.
- Abandonment or failure to provide parental support.
- Adopters cannot rescind adoption but may disinherit for legal causes.
Effects of Rescission
- Biological parents regain parental authority or legal custody transferred to DSWD if adoptee is minor/incapacitated.
- Reciprocal rights between adopter and adoptee cease.
- Original birth certificate restored; succession rights revert as of the judgment date.
- Pre-rescission vested rights remain respected; penal sanctions for crimes apply.
Violations and Penalties
- Imprisonment of 6 years 1 day to 12 years and/or fines from P50,000 to P200,000 for:
- Coercion or fraud in obtaining consent.
- Non-compliance with legal adoption procedures.
- Endangering or exploiting the child.
- Simulation of birth punishable by medium-term prision mayor and fine.
- Healthcare personnel complicit face penalties and permanent disqualification.
- Confidentiality breach penalized by 1-2 years imprisonment and fine.
- Attempted offenses punished by lower degree penalties.
- Offenses by syndicates or involving multiple children considered child trafficking, punished by reclusion perpetua.
- Aliens convicted face deportation and permanent exclusion.
- Government personnel involved suffer suspension and disciplinary penalties.
Rectification of Simulated Births
- Prior simulated birth acts before the Act's effectivity are not penalized if in the child's best interest and consistent treatment occurred.
- Applications for correction and adoption must be filed within five years and comply with procedures.
Adoption Resource and Referral Office
- Established under DSWD to:
- Monitor available children and prospective adopters.
- Conduct nationwide adoption information campaigns.
- Maintain adoption records.
- Support agencies and foster homes financially.
- Conduct policy research in coordination with relevant bodies.
- Staffed by experts from public and private sectors.
Implementing Rules and Regulations
- Within six months, DSWD with relevant agencies and private representatives to formulate guidelines for Act operation.
Appropriations
- Funding for implementation to be included in the General Appropriations Act annually.
Repealing Clause
- All laws, orders, or regulations inconsistent with the Act are repealed or amended accordingly.
Separability Clause
- Invalidity of any provision does not affect the validity of the rest of the Act.
Effectivity Clause
- The Act takes effect 15 days after publication in a newspaper or Official Gazette.