Declaration of Policies
- State guarantees full respect for human rights of children, recognizing their specific needs.
- State protection extends to foundlings, abandoned, neglected, and stateless children.
- Foundlings presumed natural-born Filipino citizens, protection consistent with the Philippine Constitution and international conventions.
- National Authority for Child Care (NACC) tasked as central agency for foundling care and protection.
General Objectives
- Recognition of foundlings as natural-born citizens.
- Streamline issuance of Certificate of Live Birth (COLB) for foundlings.
- Define roles of NACC, Safe Haven providers, Local Government Units (LGUs), and Philippine Statistics Authority (PSA).
Definitions
- Foundling: Deserted or abandoned child/person with unknown birth and parentage, including those found abroad in Philippine embassies or consulates.
- Alternative Child Care: Substitute parental care including foster care, kinship care, residential care.
- Safe Haven Provider: Persons or facilities charged with custody of an infant or child, includes licensed agencies, churches, health facilities, LSWDO, and residential care.
- Other definitions include Certificate Declaring a Child Legally Available for Adoption (CDCLAA), Child-Caring and Child-Placing agencies, LSWDO, NACC, PSA, among others.
Safe Haven Provisions
- Relinquishment of infant 30 days or younger to specified Safe Haven providers exempt from criminal liability.
- Duties of Safe Haven providers include temporary custody, informing parent rights, confirming relinquishment, and reporting to NACC within 48 hours.
- Infants relinquished to Safe Haven providers are considered foundlings if birth facts unknown.
- Safe Haven providers are immune from civil liability if acting in good faith without gross negligence.
- Finders must report foundlings within 48 hours, execute affidavit, and cooperate with authorities.
Duties of Local Officials and Authorities
- Barangay officials: take initial custody, conduct inquiry within 24 hours, report to LSWDO, submit reports.
- Police and COMPAC: conduct inquiry, assist barangay and LSWDO, certify circumstances, submit reports.
- LSWDO: submit immediate and detailed reports to NACC, coordinate care and services including foster placement and safe haven referral.
- DOH-accredited facilities: report foundlings within 24 hours, provide medical information.
- Child-Caring/Placing Agencies: report admission within 24 hours, provide care, prepare detailed reports, submit quarterly summaries.
- Department of Foreign Affairs (DFA): coordinate repatriation of foundlings found abroad and referral to care.
Role of Philippine Embassies/Consulates Abroad
- Investigate birth circumstances of foundlings on premises.
- Prepare comprehensive reports within 15 working days.
- Facilitate registration and issuance of COLB.
- Coordinate return to Philippines and placement in care.
Citizenship Status of Foundlings
- Foundlings presumed natural-born Filipino citizens regardless of birth circumstances.
- Presumption rebuttable only by proof of foreign parentage that can confer foreign citizenship.
- Natural-born status unaffected by simulated birth certificates, absence of adoption, or delays in registration.
Adoption and Legitimacy
- Foundlings declared legally available for adoption by NACC per existing laws.
- Adoption governed by Republic Act No. 11642 provisions.
- Adopted foundlings gain legitimate filiation and rights, including family name choice.
Alternative Child Care Options
- Foundlings provided with alternative child care (foster care, residential care) pending search and inquiry results.
Access to Government Services
- Foundlings have right to registration, adoption facilitation, education, protection, nourishment, medical care, and secure residential care.
- All agencies must act in best interest of the foundling.
Registration Process
- NACC conducts diligent search within 15 working days.
- Comprehensive reports prepared by RACCO or social workers confirming unknown parentage after search.
- Proof of search efforts includes media certification and social media postings.
- Finders must report within 48 hours and execute affidavits.
- Documents required for registration include affidavit of finder, barangay or police certification, and NACC report.
- LCR issues COLB promptly without cost for those with previous foundling certificates.
- COLB registered in Book of Foundlings with distribution of multiple copies.
- PSA verifies documents and uploads COLB data.
- Foundlings' privacy and best interests protected in documents and registration.
Revocation of COLB
- Biological parents, NACC, LSWDO, or safe haven may petition to revoke COLB if parentage is established or if fraud in registration is proven.
- Foundlings retain Philippine citizenship if parentage established but citizenship cannot be acquired from parents.
Custody and Parental Authority Recovery
- Biological parents or legal guardians may petition NACC to recover custody within 3 months of relinquishment.
- Requirements include genetic testing, capability assessment, affidavit or court decision.
- NACC investigates, reviews, and endorses petition for approval.
- Counseling and support services provided to parents seeking custody recovery.
Standardized Forms and Reporting
- NACC and PSA to develop uniform documentary forms for ease of process.
Violations and Penalties
- Imprisonment 6 months to 6 years for falsifying registration documents; increased penalty for public officers.
- Imprisonment 6 months to 5 years for obstruction or refusal to cooperate in search and inquiry.
- Fine P500,000 to P1,000,000 for Safe Haven providers failing to report relinquishment within 48 hours.
- Higher penalties and permanent disqualification for falsification related to kidnapping or trafficking.
- Penalties imposed without prejudice to other criminal, civil, or administrative liabilities.
Advocacy and Data Collection
- NACC and PSA to coordinate information dissemination and advocacy on foundling protection.
- Regular synchronized data collection by LGUs and agencies under Data Privacy Act guidelines.
Retroactivity and Transitional Provisions
- Act applies retroactively without prejudice to vested rights.
- Benefits extended to registered foundlings now of age who have not been adopted, with compliance required within 10 years.
- DSWD to temporarily perform NACC functions until NACC establishment.
Repealing, Separability, and Suppletory Clauses
- Laws inconsistent with Act are repealed or amended.
- Unconstitutional provisions do not affect remaining IRR.
- Related laws on adoption, simulated birth rectification, family law, and child welfare apply as supplements.
Effectivity
- IRR take effect 15 days after publication in newspapers or Official Gazette.
- Certified copies filed with University of the Philippines Law Center's National Administrative Registrar.