Title
Supreme Court
Protection of Foundlings Act
Law
Republic Act No. 11767
Decision Date
May 6, 2022
The Foundling Recognition and Protection Act is a Philippine law that aims to protect and recognize the rights of abandoned children with unknown parents, ensuring their access to government programs and services, alternative child care options, and the opportunity for adoption.

Law Summary

Definition of Foundling

  • A foundling is a deserted or abandoned child or infant with unknown birth and parentage.
  • Includes those registered as foundlings during infancy but who reached majority without adoption.

Finder

  • Finder is a person of legal age who discovers the deserted or abandoned child; minors must be assisted by parents or guardians.
  • The finder must report within 48 hours to the Local Social Welfare and Development Office (LSWDO) or safe haven provider.
  • Coordination with NACC through Regional Alternative Child Care Office (RACCO) is required for care and services.
  • NACC prioritizes assessment of finders who apply to become foster parents under the Foster Care Act of 2012.

Citizenship Status of Foundlings

  • Foundlings found in the Philippines or Philippine embassies/consulates abroad are presumed natural-born Filipino citizens.
  • This presumption is conclusive unless substantial proof of foreign parentage is presented.
  • Natural-born status is not affected by lack of legal adoption process, or delayed reporting or registration.

Administrative Adoption and Legitimacy

  • If biological parents cannot be identified, foundlings are legally available for adoption per existing laws.
  • Domestic Administrative Adoption and Alternative Child Care Act provisions apply to adoption.
  • Adopted foundlings become legitimate children of the adopters with full rights and obligations.
  • Adoptees gain love, support, and legal filiation with adopter's family; adopters can choose the child's name.

Alternative Child Care Options

  • NACC, LSWDO, and accredited agencies ensure foundlings have access to alternative care: kinship care, foster care, or residential care.
  • These options apply while the search for birth and parentage facts is ongoing.

Right to Government Programs and Services

  • Foundlings are entitled to all government programs and services including registration, educational, legal, police protection, nourishment, medical care, and admission to secure child centers.
  • NACC, RACCOs, government agencies, LGUs, police, and finders must prioritize the best interest of the foundling.

Conduct of Search and Inquiry

  • NACC and RACCOs conduct search and inquiry within 15 days upon report or commitment regarding a foundling.
  • They coordinate with finders, LGUs, health units, police, DOH, hospitals, and others.
  • Media may be used for locating parents without compromising confidentiality.

Registration of Foundling

  • Required documents: Affidavit of finder, Barangay captain/police report on circumstances, and NACC inquiry report confirming unknown parentage.
  • For adult foundlings without foundling certificates, LSWDO provides background reports.
  • Local Civil Registrar issues Certificate of Live Birth based on these submissions.
  • Certificates must not label foundlings in discriminatory ways.
  • Foundlings are not considered stateless pending confirmation of citizenship.

Revocation of Certificate of Live Birth

  • Biological parents, NACC, or LSWDO may petition revocation if parentage is established or fraud is proven.
  • If statelessness would result from loss of foundling status, Philippine citizenship is retained until foreign citizenship can be acquired.

Recovering Legal Custody and Restoring Parental Authority

  • Biological parents/legal guardians may petition NACC to recover custody and parental authority.
  • Provisions of the Domestic Administrative Adoption and Alternative Child Care Act apply if adoption or custody proceedings are pending.
  • Best interest of the child is paramount.
  • Adoption severs legal ties with biological parents, vested in adopters.
  • Counseling and assistance are provided to biological parents seeking reunification.

Safe Haven Provision

  • Parents relinquishing infants 30 days old or younger to authorized persons or entities (licensed agencies, churches, DOH-accredited health facilities, LSWDO, DSWD-managed or LGU-managed care facilities) are exempt from criminal liability.

Duties of Safe Haven Providers

  • Take appropriate care of infant.
  • Inform relinquishing parent of option to withhold identity and medical history.
  • Confirm permanent relinquishment of parental rights where practicable.
  • Notify NACC through RACCO within 48 hours of relinquishment.

Status of Infants Relinquished to Safe Havens

  • Such infants are deemed foundlings under the law.

Immunity for Safe Haven Providers

  • Safe haven providers acting in good faith without gross negligence are immune from civil damages related to custody.

Penalties

  • Imprisonment 6 months to 6 years for falsifying foundling registration; higher penalty if public officer involved.
  • Imprisonment 6 months to 5 years for obstructing search and inquiry.
  • Fine P500,000 to P1,000,000 for safe haven providers failing to report relinquished infants within 48 hours.
  • Fine P1,000,000 to P5,000,000 or imprisonment 3 months to 2 years for falsification related to kidnapping or trafficking; public officers also disqualified from office and face higher penalties.
  • Penalties are without prejudice to other civil, administrative or criminal liabilities.

Advocacy and Information Dissemination

  • PSA, NACC, LSWDOs, LCPC, DILG, and stakeholders shall coordinate campaigns promoting awareness on foundling rights and provisions of this Act.

Data Collection

  • LGUs, PSA, NACC, and stakeholders shall conduct regular data collection for policy development.
  • Data privacy shall be protected in accordance with the Data Privacy Act of 2012.

Retroactive Application

  • The Act applies retroactively to all foundlings without prejudice to existing vested or acquired rights.

Implementing Rules and Regulations

  • Within 90 days after enactment, relevant government officials and child care representatives shall formulate implementing rules.

Transitory Provision

  • Benefits apply to foundlings registered during childhood who reached maturity without adoption, subject to compliance within 10 years.
  • Before NACC establishment, DSWD assumes related functions.
  • RACCO functions performed by DSWD field offices and LSWDOs during initial period.

Repealing Clause

  • Existing laws inconsistent with this Act are repealed or amended accordingly.

Separability Clause

  • If any provision is declared invalid, others remain effective.

Suppletory Clause

  • Other laws on adoption, child welfare, and simulated birth rectification shall apply supplementarily.

Effectivity

  • The Act takes effect fifteen days after publication in two newspapers of general circulation.

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