ADOPTION ACT
OF THE PHILIPPINES
IMPLEMENTING RULES
AND REGULATIONS
Pursuant to the authority of the Department of Social Welfare and Development under Article VIII, Section
24 of Republic Act 8552, otherwise known as "The Domestic Adoption Act of 1998", the following Rules and
Regulations are hereby promulgated to govern the adoption of Filipino children within the Philippines.
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Affirmation of Policy. It is the policy of the State to ensure that every child remains under
the care and custody of his/her biological parents and be provided with love, care, understanding and
security toward the full development of his/her personality. When care of the biological parents is
unavailable or inappropriate and no suitable alternative parental care or adoption within the childs
extended family is available, adoption by an unrelated person shall be considered. However, no direct
placement of a child to a non-related shall be countenanced.
Adoption is the most complete means whereby permanent family life can be restored to a child deprived of
his/her biological family.
The childs best welfare and interest shall be the paramount consideration in all questions
relating to his/her care and custody.
SECTION 2. Applicability. These Rules shall apply to the adoption in the Philippines of a Filipino child by
a Filipino or alien qualified to adopt under Article III, Section 7 of RA 8552.
Adoption of a child by any member of his/her extended family shall likewise be governed by these Rules.
ARTICLE II
DEFINITION OF TERMS
SECTION 3. Definition of Terms. As used in these Rules, unless the context otherwise requires, the
following terms shall mean:
"Act" shall refer to Republic Act No. 8552 otherwise known as the "Domestic
"Prospective Adoptee" shall refer to one who is legally available for adoption as
defined in Section 3 (d) of this Rule or one who falls under the enumeration in
Section 8 of the Act.
"Pre-Adoption Services" shall refer to psycho-social services provided by
professionally trained social workers of the Department, the social services units
of local government, private and government health facilities, Family Courts,
licensed and accredited child-caring and child-placing agency and such other
individuals or entities involved in adoption as may be authorized by the
Department.
"Post-Adoption Services" shall refer to psychosocial services and support
services provided by professionally trained social workers from offices abovementioned after the issuance of the Decree of Adoption.
"Residence" shall refer to a persons actual and legal stay in the Philippines for
three (3) continuous years immediately prior to the filing of application for
adoption and maintains such residence until the adoption decree is entered;
Provided that temporary absences for professional, business or emergency reasons
not exceeding sixty (60) days in one (1) year shall not be considered as breaking
the continuity requirement; Provided further that the Department may extend this
period in meritorious cases.
"Alien" shall refer to any person, not a Filipino citizen, who enters and remains
in the Philippines and in possession of a valid passport or travel documents and
visa.
ARTICLE III
PRE-ADOPTION SERVICES
SECTION 4. Pre-Adoption Services. Pre-Adoption Services including counseling shall be provided by
professionally trained social workers of the Department, the social services units of local government,
private and government health facilities, Family Courts, licensed and accredited child-caring and childplacing agency and such other individuals or entities involved in adoption as may be authorized by the
Department to the following:
1.
Biological Parent(s)
1. Biological Parents shall be counseled regarding their options:
the loss of parental rights over the child and as a rule, not having
Prospective Adoptee
of
Certification from radio and/or TV stations that the case was aired on three
(3) different occasions; and
Publication in newspapers of general or local circulation whichever is
appropriate to the circumstances.
If the biological parent(s) is located, he/she will be assessed to determine their willingness to
keep the child and their parenting capability. If reunification is desired it shall be effected after
the parent(s) and child undergo counseling.
If efforts to locate childs parent/s fail, the child shall be registered as a foundling and within
three (3) months from the time he/she is found, be the subject of legal proceedings where
he/she shall be declared abandoned. If the childs parents are located but reunification is not
desired, the parent(s) shall execute a deed of voluntary commitment to the department.
SECTION 6. Support Services. the Department and other authorized agencies shall organize and assist
groups for adoptive parents, biological parents and adoptees, provide parent and family life education
sessions and referral for specialized services.
ARTICLE IV
ELIGIBILITY
SECTION 7. Who May Adopt. any Filipino citizen or alien residing in the Philippines who has the
qualification and none of the disqualifications under the Act may be eligible to adopt if he/she:
is of legal age.
is at least sixteen (16) years older than the adoptee; Provided, however that
the minimum age gap between the adopter and the adoptee may not be
required if the adopter is the biological parent or sibling of the adoptee or
the spouse of the adoptees parent;
has the capacity to act and assume all the rights and duties incident to the
exercise of parental authority;
is of good moral character and has not been convicted of any crime
involving moral turpitude;
is in a position to support, educate and care for his/her legitimate and
illegitimate children and the child to be adopted in keeping with the means
of the family;
has undergone pre-adoption services as required in Section 4 of the Act.
In addition to these qualifications, an alien may adopt if he/she:
a.any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption in accordance
with the procedures as indicated in Articles 142 to 155 of the P.D. 603: The
Child and Youth Welfare Code;
b.the legitimate son/daughter of one spouse by the other spouse.
c.the illegitimate son/daughter by a qualified adopter to improve his/her
status to that of legitimacy;
d.a person of legal age if, prior to the adoption, said person has been
consistently considered and treated by the adopter(s) as his/her own child
since minority.
e.a child whose adoption has previously been rescinded; or
f.a child whose biological or adoptive parent(s) has died: Provided, that no
proceedings shall be initiated within six (6) months from the time of death
of said parent(s)
SECTION 9. Persons Whose Consent Is Necessary To The Adoption. In addition to the Consent to Adopt
by the Department under Section 22 of these Rules, the written consent of the following persons to the
adoption shall be given in the required legal form and attached to every petition for adoption:
ARTICLE V
PROCEDURE
SECTION 10. Hurried Decision. In all proceedings for adoption, a comprehensive study report prepared
by a licensed social worker shall be submitted to the court as proof that the biological parent(s) has been
properly counseled and provided other support services:
1.to exhaust all measures to strengthen family ties and keep the child;
2.to ensure that their decision to relinquish their child for adoption is not caused
by stress, anxiety or pressure; and
3.to ascertain that such decision does not result in improper financial gain for
those involved in it.
SECTION 11. Attendance In Adoption Fora and Seminar. In accordance with Section 4.2 of these Rules,
prospective adoptive parents shall attend adoption fora and seminars prior to filing their application to
adopt.
SECTION 12. Fees and Charges. Pursuant to Section 23 (d) of the Act, child-caring and child-placement
agencies may charge reasonable fees as determined by the Department to cover expenses in providing
adoption services. The applicant(s) shall be apprised of the fees at the start of the adoption process.
SECTION 13. Application for Adoption. A person eligible to adopt under Article III, Section 7 of the Act
who desires to adopt a child in the Philippines whether a relative or not has attended adoption fora and
seminar, shall file his/her application for adoption with the Department directly or with a social service office
of a local government unit, or with any licensed accredited child placing agency. Spouses shall file their
application jointly.
SECTION 18. Submission Of Case Records Of Prospective Adoptees and Prospective Adoptive Parents.
Case Records of prospective adoptees and prospective adoptive parents shall be submitted to the
concerned Adoption Resource and Referral Office (ARRO) which was established according to Section 23
of the Act for matching.
SECTION 19. Matching. The matching of the child to an approved adoptive parent(s) shall be carried out
during the regular matching conference by the Matching Committee otherwise called the Child Welfare
Specialist Group (CWSG) in the regional level where the social workers of the child and family are present.
Subject to approval of the Department, the CWSG shall fix its own internal rules and procedures in
accordance with the rules of Court; Provided, however, that records of children and approved adoptive
parent/s not matched within thirty (30) days in the regional level shall be forwarded to the Departments
Central Office for interregional matching; Provided further that children with special needs shall be
immediately forwarded if not matched in the first meeting, except under special circumstances.
The matching proposal made by the CWSG shall be approved by the Department.
SECTION 20. Interregional Matching. Records of prospective adoptees and approved adoptive parent/s
not matched in the regional level shall be forwarded to the Departments Central Office for interregional
matching by the Interregional Adoptive Placement Committee whose internal rules and procedures shall be
established by the Department.
SECTION 21. Pre-Placement. The respective social worker who prepared the reports shall also prepare
the adoptive family and the child, physically and psychologically before actual placement.
SECTION 22. Placement. The physical transfer of a child from a child caring agency or foster home to
the prospective adoptive parents who shall be responsible for his/her care and custody shall be made after
the necessary form are accomplished and the Pre-Adoption Placement Authority (PAPA) has been issued
after approval of the Regional Director for placement within the region or by the Department Secretary or
his/her duly authorized representative in cases of interregional placements.
SECTION 23. Supervised Trial Custody. The placement of the child shall take effect upon issuance of the
Pre-Adoption Placement Authority by the Department after which the supervised trial custody shall
commence.
During the supervised trial custody, the social worker shall conduct monthly home visits to monitor
adjustment of the prospective adopter(s) and child to each other and submit progress report to the
Department. A copy of these reports shall be given to the child caring agency where the child came from.
The court may upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if
it finds that it is to the best interest of the child. In such case, the court shall state its reasons for reducing
said period.
SECTION 24. Disruption of Pre-Adoptive Placement. If the placement/relationship is found unsatisfactory
by the child or the adopter(s), or both, or if the social worker finds that the continued placement of the child
is not in the childs best interest, said relationship/placement shall be suspended by the Department which
shall recommend to the Adoption Resource and Referral Office to consider another possible placement.
Should there be no available prospective adoptive family, the Department shall arrange for the childs
temporary care. No termination of placement shall be made unless it is shown that the social worker has
exhausted all efforts to remove the cause of the unsatisfactory relationship/placement within a reasonable
period of time.
SECTION 25. New Placement. In the event of the disruption of the pre-adoptive placement, the
Department shall arrange without delay a new placement of the child, or, if inappropriate, other alternative
long term care. The consent of the child to the measures taken under this section shall be obtained having
regard to his/her age and level of maturity in particular.
SECTION 26. Consent to Adoption. If the adjustment of the child/adopter(s) is satisfactory, the social
worker shall forward to the Department the final supervisory report which shall include the recommendation
for the issuance of the written consent to adoption to be executed by the Department.
SECTION 27. Filing Of Petition For Adoption. the prospective adoptive parent(s) shall initiate judicial
proceeding by filing the petition to adopt not later than 30 days from date of receipt of the Departments
written consent to adoption.
SECTION 28. Issuance of Decree of Adoption and Entry of Judgement. If, after considering the
recommendation and reports of the social worker and other evidence, the Court is satisfied that the
adopter(s) are qualified to adopt, then an adoption decree and an Entry of Judgement shall be issued
stating the name by which the child is to be known. A copy of the decree of adoption shall be forwarded to
the Department. The effectivity of the decree shall be as of the date of the original petition was filed.
SECTION 29. Travel Authority of Adopted Child. No adoptee shall be issued a travel authority unless a
decree of adoption has already became final and executory. In this respect, the amended birth certificate
shall be presented. If for any valid reason the same cannot be presented, the application for travel authority
shall be accompanied by the duplicate original or certified true copy of the decree of adoption and entry of
judgement issued by the court which promulgated the decision and a certification from the Office of the
Solicitor General at the decision is final and executory and that no appeal there from has been filed by the
said office.
SECTION 30. Recording Of The Court Decision. A court decision on adoption as well as the finality of
decision shall be submitted by the clerk of court or in his default, by the adopting parent(s), to the Local
Civil Registry Office of the City/municipality where the court issuing the same is situated, for entry in the
Register of Court Decrees, not later that thirty (30) days after the court decision has become final and
executory. Such Local Civil Registry Office shall submit one copy of the court decision to the Local Civil
Registrar of the city or municipality where the birth of the adopted child was registered and the latter office
shall have the duty to prepare the amended certificate of live birth of the adopted child.
SECTION 31. Civil Registry Record. The adopted child shall be entitled to the issuance of a new
certificate of live birth. Amendment to the certificate of live birth shall be done in accordance with the rules
and regulations promulgated by the Office of the Civil Registrar General and Section 14 of the Act.
A copy of the new birth certificate shall be transmitted by the local civil registrar to the National Statistics
Office within 30 days from registration.
SECTION 32. Post Adoption Services. Post Adoption Services which shall include counseling shall be
made available by the social workers of the Department, social services unit of the local government, child
placing and child caring agencies to develop the adoptee, adopter and the biological parents.
ARTICLE VI
EFFECTS OF ADOPTION
SECTION 33. Effects of Adoption. Adoption shall have the following effects:
1.sever all legal ties between the biological parents and the adoptee, except when
the biological parent is the spouse of the adopter;
2.Deem the adoptee as a legitimate child of the adopter;
3.Give adopter and adoptee reciprocal rights and obligations arising from the
relationship of parent and child, including but not limited to:
i.the right of the adopter to choose the name, the child is to be known; and
ii.the right of the adopter and adoptee to legal and compulsory heirs of each
other
SECTION 34. Benefits. the adoptive parents shall, with respect to the adopted child, enjoy all the benefits
to which biological parents are entitled. Maternity and paternity benefits and other benefits given to
biological parents upon the birth of a child shall be enjoyed if the adoptee is below seven (7) years of age
as of the date the child is placed with the adoptive parents thru the Pre-Adoptive Placement Authority
issued by the Department.
ARTICLE VII
RESCISSION OF ADOPTION
SECTION 35. Grounds for Rescission. Adoption being in the best interest of the child, shall not be subject
to rescission by the adopter(s). The adoption may be rescinded only upon the petition of the adoptee with
the assistance of the Department, if a minor or if over eighteen (18) years of age but is incapacitated, on
any of the following grounds committed by the adopter(s):
ARTICLE VIII
1. Monitor the existence, number and flow of children legally available for
adoption and prospective adopter(s), so as to facilitate their matching;
2. Maintain a nationwide/regional information and educational campaign o
domestic adoption;
3. Keep records of adoption proceedings;
4. Generate resources to help child-caring and child-placing agencies and
maintain viability;
5. Do policy research in collaboration with the Intercountry Adoption Board
and other concerned agencies; and
6. Act as the Secretariat to the Child Welfare Specialist Group (CWSG) during
Interregional/regional matching conferences.
SECTION 39. Composition Of the CSWG. The CWSG shall have five (5) members composed of a social
worker of the Department, a lawyer specializing on child and youth welfare cases, a physician, a
psychiatrist or psychologist, and a representative of a non-government organization of adoptive parents or
child welfare agencies who shall be selected in consultation with the recognized association or organization
of adoptive parents and child caring agencies.
The Department shall appoint qualified persons who shall serve in the CWSG for a term of two (2) years
which may be renewed for another term.
Only CWSG members who are not with the Department shall be entitled to a per diem for every meeting
attended but not to exceed four (4) meetings a month.
SECTION 40. Functions Of The CWSG. The CWSG shall have the following functions:
ARTICLE IX
ARTICLE X
REGISTRATION OF BIRTH
SECTION 42. Registration of Birth. All hospitals, attending physicians and midwives in attendance at the
birth of a child shall register such birth of a child not later than 30 days from the date of said birth as
required under the Civil Register Law.
SECTION 43. Confidentiality. All records, documents and court proceedings relating to the adoption shall
be confidential. No copy thereof shall be released without determination that it is for reasons substantially
connected with or arising out of the adoption.
In such event, records and information shall be disclosed in a way that will prevent persons who do not
have a legitimate interest, from learning the fact that a person has been adopted or, if that is revealed, the
identity of his/her biological parents.
ARTICLE XII
REPORTING VIOLATIONS
SECTION 44. Office In Charge of Handling Violations. The CWSG, child caring/placing agency and every
person who has knowledge of any violation under the Act or related laws shall immediately report the same
to the nearest police station, local government unit or office of the Department who shall act thereon within
twenty-four (24) hours from receipt of the report. Any delay or negligence in acting on the violations shall be
dealt with criminally and administratively.
Failure of adopters to initiate legalization of the adoption of children placed in their care and custody within
six (6) months from the end of supervised trial custody shall be considered an act not in the best interest of
the child.
ARTICLE XIII
ARTICLE XIV
FINAL PROVISIONS
SECTION 45. Interpretation Of The Provisions Of The Rule. Any doubt or ambiguity in the provisions of
these Rules shall be interpreted in the best interest of the child.
SECTION 46. Repealing Clause. All rules and regulations, orders, resolutions, and parts thereof
inconsistent with the provisions of this Rules are hereby repealed or modified accordingly.
SECTION 47. Separability Clause. If for any reason, any section or provision of these Rules is declared
unconstitutional or invalid, the other sections or provisions hereof which are not affected shall continue in
full force and effect.
SECTION 48. Effectivity. These Rules shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation, except those which pertain to self-executing provision of this Act.
Approved in _____________________________ this _____ day of _______ in the year of our Lord,
Nineteen Hundred and Ninety Eight.
Approved by: