IRR of RA 11767 Foundling Protection Act

Policy, objectives, and institutional design

The State guarantees full respect for human rights and protects the rights of every child, including special protection from neglect, abuse, cruelty, exploitation, and other prejudicial conditions for the child’s development.
The State upholds the best interests of the child and must proactively and diligently inquire into facts of birth and parentage, including for children with distinct vulnerabilities such as the neglected, stateless, and abandoned or deserted.
The State recognizes the international law thrust to reduce and prevent statelessness and must protect any child with no known parents by ensuring Philippine natural-born citizen status consistent with the Constitution and relevant international instruments.
The State must adopt measures to ensure support services for foundlings and penalize acts inimical to their welfare.
The IRR require that state services relating to foundling protection and welfare be placed under the National Authority for Child Care (NACC) as a one-body system for alternative child care.
The IRR state objectives: to recognize foundlings as presumed natural-born citizens, to expedite issuance of the Certificate of Live Birth (COLB), and to define roles of NACC, Safe Haven providers, Local Government Units (LGU), and the Philippine Statistics Authority (PSA).

Core definitions for IRR application

“Act” refers to Republic Act No. 11767 (Foundling Registration and Protection Act).
“Alternative child care” means planned substitute parental care by a child-caring or child-placing agency for an orphaned, abandoned, foundling, neglected, or surrendered child, including foster care, kinship care, family-like care, and residential care, and also applies to abused/exploited children and other specified categories under the child welfare context, including emergency/crisis and armed conflict situations as defined in Republic Act No. 11642.
“Case Study Report” means a written report by a licensed social worker based on a comprehensive assessment of ethno-cultural, economic, medical, spiritual, and psychosocial background; current functioning; and facts or circumstances of abandonment or neglect, including approximate age of the foundling and efforts to locate biological parents, guardians, or relatives.
- For adult foundlings with no foundling certificate, no exhaustive case study report is required; the LSWDO issues a case study report on the adult foundling’s background and qualifications.
“Certificate Declaring a Child Legally Available for Adoption (CDCLAA)” means a final written administrative order issued by the NACC declaring a child legally available for adoption, after which the rights of biological parents, guardian, or other custodians to exercise parental authority cease upon issuance of the CDCLAA.
“Child” means a person below eighteen (18) years of age or eighteen (18) years of age or over but unable to fully take care or protect himself or herself from abuse, neglect, cruelty, exploitation, or discrimination due to physical or psychosocial disability or condition.
“Child-Caring agency” means a duly registered, licensed, and accredited DSWD agency providing twenty-four (24)-hour residential care for specified children needing alternative child care.
“Child-Placing agency” means a government or private non-profit/charitable agency duly registered, licensed, and accredited by DSWD to provide child welfare services including receiving and processing adoption/foster petitions, evaluating prospective adoptive or foster parents, preparing child case study and home study reports, and providing post-placement services; LSWDO and accredited NGOs and FBOs are considered child-placing agencies.
“Finder” means a legally of age person who discovered the deserted or abandoned child; if the finder is a minor, the parent or legal guardian assists in making the report.
- If the infant/child is relinquished to a safe haven provider, the Head of the safe haven provider is the finder.
“Foundling” means a deserted or abandoned child/infant or person with unknown facts of birth and parentage, including those registered as a foundling in infancy/childhood who reached majority without benefiting from adoption procedures after passage of the Act.
- Foundling coverage under the Act includes cases of foundlings found within the premises of Philippine Embassies/Consulates, offices, and within the territories abroad; foundling is also used interchangeably with a person with no known parents.
“Infant” means a foundling thirty (30) days old and younger.
“Local Civil Registrar (LRC)” means the Office of the Local Civil Registry responsible for civil registration and issuance of certified transcripts or copies.
“Local Social Welfare Development Officer (LSWDO)” means a licensed social worker appointed by the local chief executive to head the provincial/city/municipal social welfare development office serving as LGU frontline; the LSWDO designates a senior registered social worker for adoption, foster care, and other alternative child care programs.
“Media” includes newspaper of general circulation in the locality, radio, television, and social media platform.
“National Authority for Child Care (NACC)” means the one-stop quasi-judicial agency on domestic and alternative child care attached to DSWD and serving as Central Authority for alternative child care programs including domestic and intercountry adoption; it consists of a Council and a Secretariat headed by an Executive Director.
“Philippine Statistics Authority (PSA)” enforces civil registration functions, headed by the National Statistician and Civil Registrar General.
“Regional Alternative Child Care (RACCO)” means NACC Regional Offices created from Adoption Resource and Referral Units (ARRU) of DSWD Field Offices, tasked to ensure a functioning system of receipt of applications to adopt or foster, petitions for CDCLAA and adoption, and other requests on alternative placement and well-being.
“Relinquishment” means placing an infant thirty (30) days old and younger to a safe haven provider by the parent or finder.
“Residential Care Facilities (RCF)” means government facilities providing 24-hour residential group care to children temporarily when needs cannot be met by biological parents and other alternative care arrangements.
“Safe Haven” means a person or facility charged with custody of an infant or child.
“Social Worker” means a licensed practitioner with training and social work experience using casework, group work, and community organization methods.
“Stateless Person” means a person not considered a national by any State under its law.

Safe haven coverage and provider obligations

A parent who relinquishes/entrusts an infant thirty (30) days old and younger to listed safe haven providers or entities is exempted from criminal liability notwithstanding Articles 276 and 277 of the Revised Penal Code and Republic Act No. 7610, provided there is no gross negligence or death of the infant.
Safe haven entities/exempted custodians include:
- A licensed child-caring agency;
- A licensed child-placing agency;
- A church (a place devoted to religious worship held with regularity);
- DOH-accredited health facilities, including hospitals, infirmaries, city health offices, birthing homes, rural health units, lying-in clinics, and barangay health stations;
- An LSWDO; and
- DSWD managed residential care facilities and LGU managed residential care facilities.
A Safe Haven Provider must:
- Provide appropriate care to the infant;
- Act as a temporary custodian;
- Inform the parent they may, but are not required to answer, questions regarding identity and medical history;
- Confirm, if practicable, the parent’s intent to permanently relinquish parental rights and release the infant for adoption; and
- Within forty-eight (48) hours, inform the NACC through the RACCO of the relinquishment or, based on a finder report of a discovered foundling, report that the child has been relinquished in its custody, including identity and abandonment circumstances, using the fastest means available and submitting a written report.
Infants relinquished under the safe haven provisions are considered foundlings where facts of birth and parentage could not be ascertained.
A safe haven that receives an infant under the Act is not liable for civil damages for acts or omissions in maintaining custody, provided the safe haven provider acts in good faith without gross negligence.

Finder and LGU/health agency duties

The finder must immediately report within forty-eight (48) hours the discovery of the foundling to the LSWDO, the Punong Barangay or police station, or any safe haven provider where the foundling was discovered.
- If the foundling is found in a different barangay than the finder’s residence, both Punong Barangays or police stations must be informed within forty-eight (48) hours.
- If relinquished to a safe haven provider, the Head of the safe haven provider must report within forty-eight (48) hours to the LSWDO, Punong Barangay, or police station.
The finder must execute an affidavit attesting to the facts of the case of the foundling.
The finder must cooperate with proactive and diligent search and inquiry to establish identity of the foundling.
If the finder applies to become foster parent, assessment is conducted under Republic Act No. 10165, as amended.
The IRR require prompt medical referral upon initial foundling report by whatever office receives it.
Barangay officials must:
- Take custody of the foundling until referral to the LSWDO;
- Conduct search and inquiry into discovery circumstances within twenty-four (24) hours;
- Ensure the LSWDO submits within forty-eight (48) hours an initial report to the NACC through the RACCO;
- Ensure follow-up with the finder for execution of an affidavit;
- Issue a blotter report and endorse it to the LSWDO; and
- Submit a quarterly report to the LSWDO on or before the 5th day of the succeeding month.
COMPAC/police stations must:
- Conduct search and inquiry within twenty-four (24) hours;
- Refer and report to the LSWDO so the LSWDO can submit within forty-eight (48) hours an initial report to NACC through the RACCO;
- Assist barangay officials and the LSWDO;
- Issue a blotter report and endorse to barangay officials and/or the LSWDO;
- Issue a certification of circumstances and results; and
- Submit quarterly summaries on or before the 5th day of the succeeding month.
The LSWDO must:
- Submit an initial report to the NACC through the RACCO within twenty-four (24) hours from receipt of report from finder, barangay officials, or COMPAC/police;
- Coordinate with NACC through RACCO and facilitate appropriate care and services aligned with the foundling’s needs and best interests, including licensed foster placement or nearest safe haven referral consistent with existing laws;
- Within fifteen (15) working days, prepare a comprehensive and exhaustive foundling report, describing manner, time, and place found; identity of finder; efforts including television/radio/print/tri-media or social media to locate biological parents, and submit it to NACC through RACCO;
- Facilitate foundling access to government care and services including registration assistance, adoption-related document facilitation, education, legal and police protection, nourishment, medical care, and admission to safe child care centers; and
- Submit quarterly reports on or before the 15th day of the succeeding month.
DOH-accredited health facilities must within twenty-four (24) hours report and refer the foundling to the LSWDO and residential care facilities and/or registered licensed and accredited child-caring/child-placing agencies, with the medical report.
Child-caring/child-placing agencies must:
- Within twenty-four (24) hours from receipt, report admission to the LSWDO;
- Provide appropriate care and services aligned with needs and best interests, including placement to licensed foster parents consistent with existing laws;
- Within fifteen (15) working days, prepare a comprehensive and exhaustive report with discovery details and efforts using television/radio/print/tri-media or social media to locate biological parents, and submit to NACC through RACCO;
- Facilitate government care and services including registration assistance, adoption document facilitation, education, legal and police protection, nourishment, and medical care; and
- Submit quarterly reports to NACC through RACCO on or before the 5th day of the succeeding month.
The Department of Foreign Affairs (DFA) must coordinate for return of the foundling to the Philippines and referral to a registered, licensed, and accredited child-caring agency or residential care facility.

Embassies and foreign-territoryfoundling handling

Philippine Embassies/Consulates/Offices and territories abroad must conduct investigation into facts of birth of foundlings found within embassy/consulate premises and territories and report the circumstances to the head of mission or office.
They must prepare a comprehensive and exhaustive report within fifteen (15) working days covering manner, when and where found, finder, and efforts to locate biological parent/s.
They must facilitate the registration and issuance of the COLB for the foundling.
They must coordinate with the DFA for return to the Philippines and with NACC for referral to a licensed and accredited child-caring agency or residential care facility.

Citizenship status and adoption/legal legitimacy

A foundling found in the Philippines and/or within Philippine Embassies/Consulates, offices, and territories abroad is presumed a natural-born Filipino citizen regardless of birth circumstances.
The presumption grants rights and protections at birth equivalent to those of Philippine citizens whose citizenship does not require perfection or further act.
The presumption cannot be impugned in any proceeding unless substantial proof of foreign parentage is shown and foreign citizenship can be transmitted from the parent/s to the foundling.
Natural-born status is not affected by simulated birth certificate, legal adoption, or absence of legal adoption process, or inaction/delay in reporting, documenting, or registering.
A foundling, if still a minor, must be declared legally available for adoption by the NACC, subject to existing laws and the child’s best interests.
The COLB is the sole basis for declaring a foundling legally available for adoption.
The adoption of foundlings follows the relevant provisions of Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act).
When adoption is finalized, the adopted foundling is considered the legitimate child of the adopter for all intents and purposes with full rights and obligations without discrimination, and legitimate filiation extends to the adopter’s parents, legitimate siblings, and legitimate descendants.
The adopter may choose the name by which the adopted foundling is to be known consistent with the child’s best interests.
The NACC, LSWDO, and any accredited child-caring/child-placing agency must ensure alternative child care options for foundlings (including foster care or residential care) while search and inquiry into birth and parentage continues.
A foundling is entitled as a matter of right to available government programs/services including registration, adoption document facilitation, education, legal and police protection, proper nourishment, medical/health care for survival and development, and admission to safe and secure residential care facility and child-caring/child-placing agencies.
The NACC through RACCO, relevant government agencies, concerned LGU, police authorities, and the finder must consider the foundling’s best interests in all actions or support services.

Search, inquiry, reports, and proof

The NACC through RACCO, or a social worker of the safe haven provider with temporary custody, must conduct proactive and diligent search and inquiry into facts of birth and parentage within fifteen (15) working days after relinquishment or reporting, after submission of affidavit, or after information of probable foundling reaches NACC, unless more time is needed due to significant developments.
RACCO or the safe haven provider’s social worker must, within fifteen (15) working days upon receipt of the comprehensive and exhaustive case study report from the LSWDO or child-caring/child-placing agency, prepare an official report attesting that facts of birth and parentage remain unknown despite proactive and diligent search and inquiry.
The official report must be comprehensive and exhaustive and include all facts regarding the parents and birth.
- For adult foundlings with no foundling certificate, no exhaustive case study report by the social worker is required; the LSWDO issues a case study report on background and qualifications, and the NACC report supports COLB application and issuance.
For children found abroad, the Philippine Embassy/Consulate/Office and the DFA must attest that facts of birth and parentage remain unknown despite proactive and diligent search and inquiry; the case study report must be comprehensive and exhaustive and include all facts about the foundling.
The IRR define sufficient proof of biological parent search efforts as:
- Certification from radio/TV stations or proof of publication in newspapers of general circulation or tri-media that the case was aired/published on three (3) different occasions;
- Proof of search through the official social media account of the concerned LGU and safe haven twice in two (2) consecutive weeks; and
- For children found abroad, certification from the finder, or Head of the Philippine Embassy/Consulate/Office, that biological parent/s were not found despite diligent search and inquiry.

Foundling reporting and registration procedures

Reporting in the Philippines requires:
- Finder reports within forty-eight (48) hours upon discovery to barangay officials or COMPAC/police stations, using the fastest means available, with reporting date taken as the date of initial report.
- Finder executes an Affidavit of the Finder stating circumstances of discovery within forty-eight (48) hours.
Reporting abroad requires:
- Finder reports within forty-eight (48) hours upon discovery to Philippine Consulate/Embassy/Office and reports circumstances.
- Finder executes an Affidavit of the Finder within forty-eight (48) hours before the head of the Philippine Consulate/Embassy/Office and endorses it.
- Within forty-eight (48) hours after receipt, the Philippine Consulate/Embassy/Office reports to the DFA; the DFA coordinates with NACC for referral to a registered, licensed, and accredited child-caring agency or residential care facility.
Registration requirements with the Local Civil Registrar (LCR) include:
- For infants/children:
  - Finder affidavit;
  - Certification/blotter from barangay captain or police authority on circumstances of discovery, with both barangay certifications/blotters when found in a different barangay from finder’s residence; and
  - NACC report duly signed by an authorized officer.
- For adult foundlings:
  - Finder affidavit; and
  - LSWDO case study report on background including estimated age and qualifications as a foundling under the Act.
COLB issuance procedure requires:
- NACC through RACCO or a social worker or safe haven provider fills out and submits application for registration to LCR, which issues the COLB after receipt of required documents.
- A person with an existing foundling certificate or similar official document issued before Act implementation may secure a COLB without cost based solely on such existing document, and the LCR must immediately issue the COLB.
- For adult foundlings, the adult fills out and submits application to LRC and issuance of COLB follows receipt of requirements.
- LCR reviews and approves COLB based on the initial draft prepared by the registrant; LCR prepares four (4) copies of the COLB.
- LCR causes registration of the COLB of a person with no known parent/s in the Registry of Book of Foundlings.
- Within five (5) working days from registration, LCR provides copies bearing the civil registry number:
  - First copy to registrant,
  - Second copy to document owner,
  - Third copy plus a copy of the Case Study Report to PSA-OCRG,
  - Fourth copy retained by LCR for safekeeping.
- PSA-OCRG verifies authenticity, accuracy, and completeness upon receipt of all requested documents.
- PSA-OCRG uploads the COLB to the Civil Registration Service database or provides feedback to LCR, registrant, and document owner.
The IRR require streamlining of registration to expedite COLB issuance regardless of age and circumstances and prevent unnecessary burden on the foundling.
The IRR require that the foundling has the right to access all documentary requirements submitted for registration.
The IRR prohibit referring to the foundling as “such” or using discriminatory manner in the COLB and succeeding public documents.
The IRR prevent a foundling from being considered stateless during the period between finding/discovery and the issuance of the order of confirmation of citizenship.
The IRR require protection of the foundling’s privacy and best interests at all times.

COLB revocation and restoring parental authority

Revocation petitions for an issued COLB may be filed at any time before the LCR where COLB was originally registered by:
- Biological parent/s;
- NACC through RACCO; or
- LSWDO; or
- Safe haven provider.
Revocation grounds are:
- Parentage of the foundling has been established; or
- Fraud to conceal material facts of birth or parentage that would otherwise not render the person as a foundling.
If parentage of one foundling is established but acquisition of that parent’s citizenship cannot be obtained such that statelessness would result, the foundling retains Philippine citizenship until it is established the foundling can benefit from citizenship of either parent.
Biological parent/s or legal guardian may petition NACC to recover legal custody and restore parental authority, subject to limitations where:
- If the child was voluntarily committed, or
- If any of the following is pending with the NACC:
  - Petition for issuance of CDCLAA,
  - Supervised Trial Custody; or
  - Petition for Adoption.
Recovery of legal custody and restoration follows the relevant provisions of Republic Act No. 11642, specifically Section 27 of its Implementing Rules and Regulations.
NACC through RACCO or LSWDO or safe haven provider must provide counseling and necessary programs/services to biological parents and intervene to authorities when biological parents are identified and express desire to take custody or exercise parental authority.

Detailed petition requirements and approval timelines

Requirements for petition to recover legal custody and restore parental authority include:
- Genetic test result;
- Parenting Capability Assessment Report duly signed by the LSWDO;
- Notarized petition for recovering legal custody and restoring parental authority; and/or
- Court Decision of Legal Guardianship.
Procedures require filing by biological parent/s or legal guardian only to RACCO no later than three (3) months after:
- Relinquishment to the safe haven provider; or
- Knowledge that the child has been relinquished to a safe haven provider.
Biological parent/s must submit genetic testing results using deoxyribonucleic acid tests from a government laboratory; cost is shouldered by biological parent/s or legal guardian.
If petition is filed by legal guardian, the court decision granting legal guardianship must be submitted.
Within fifteen (15) working days from receipt of the petition, RACCO must investigate merits, render a recommendation, and transmit a copy with supporting documents to the NACC Executive Director.
Within ten (10) working days from receipt of the petition and recommendation from RACCO, the NACC social worker reviews the petition and endorses recommendation to the NACC Executive Director for approval.
Within ten (10) working days from receipt of the social worker’s recommendation, the NACC Executive Director approves and endorses to the Secretary of the DSWD for approval during the transition period.
- If no action is taken by the DSWD Secretary or representative within one (1) calendar day from receipt of endorsement, the NACC Executive Director’s decision is deemed approved.
- After the transition period, recommendations must be signed by the NACC Executive Director.

Standard forms and documentation approach

NACC together with PSA must formulate and produce official, uniform, and standard forms for documentary requirements that are easy to use and submit.

Violations and penalties for misconduct

The following penalties apply for violations:
- Imprisonment of not less than six (6) months but not more than six (6) years for any person who falsifies or is involved in falsification of registration of the supposed foundling, including documents required therefor.
  - A public officer involved is punished by the penalty next higher in degree.
- Imprisonment of not less than six (6) months but not more than five (5) years for the finder, NACC or RACCO employees/staff, staff of child-caring and child-placing facilities, safe haven providers, police officers, city/municipality and barangay officers, health employees, hospital staff, and any other concerned person who refuses, delays, or obstructs search and inquiry into facts of birth and parentage.
- A fine ranging from PHP 500,000 to PHP 1,000,000 for a safe haven provider that does not report within forty-eight (48) hours that an infant was relinquished in its premises.
- Without prejudice to criminal liability under other laws, a fine ranging from PHP 1,000,000 to PHP 5,000,000 or imprisonment of not less than three (3) months but not more than two (2) years, or both, for any person who falsifies or is involved in falsification of the registration of the supposed foundling, including documents required therefor, to facilitate kidnapping or trafficking in persons.
  - A public officer involved is punished by penalty next higher in degree and is perpetually disqualified from office.
Penalties under this section apply without prejudice to other civil, administrative, and criminal liabilities arising from the same act or violation.

Advocacy, data collection, and retroactivity

NACC must coordinate with PSA, LSWDOs, LCPC, DILG, and other relevant stakeholders to conduct information dissemination and advocacy campaigns covering provisions and implementation of the Act and concerns affecting foundlings through different media platforms.
Regular and synchronized data collection is required by LGUs in coordination with PSA, NACC, and other stakeholders, and must follow Republic Act No. 10173 (Data Privacy Act of 2012).
The Act has retroactive effect for any foundling inso