Chief Justice

EN BANC
(SGD.) JOSUE N. BELLOSILLO (SGD.) REYNATO S. PUNO

[A.M. No. 03-04-04-SC. April 22, 2003.]

Associate Justice Associate Justice

RE: PROPOSED RULE ON CUSTODY OF MINORS

AND WRIT OF HABEAS CORPUS IN RELATION T
O CUSTODY OF MINORS

(SGD.) JOSE C. VITUG (SGD.) ARTEMIO V. PANGANIBAN

Associate Justice Associate Justice

RESOLUTION

on official leave
LEONARDO A. QUISUMBING (SGD.) CONSUELO YNARES-SANTIAGO

Acting on the letter of the Chairman of the

Associate Justice Associate Justice

Committee on Revision of the Rules of Court submitting for this

Court's consideration and approval

(SGD.) ANGELINA SANDOVAL GUTIERREZ (SGD.) ANTONIO T.

the Proposed Rule on Custody of Minors and Writ ofHabeas Corp

CARPIO

us in Relation to Custody of Minors, the Court

Resolved to APPROVE the same.

Associate Justice Associate Justice

ECSHAD

The Rule shall take effect on May 15, 2003 following its

(SGD.) MA. ALICIA AUSTRIA-MARTINEZ (SGD.) RENATO C. CORONA

publication in a newspaper of general circulation not later than

Associate Justice Associate Justice

April 30, 2003.

April 22, 2003.

(SGD.) CONCHITA CARPIO-MORALES (SGD.) ROMEO J. CALLEJO,

SR.
(SGD.) HILARIO G. DAVIDE, JR.
Associate Justice Associate Justice

(c)

(SGD.) ADOLFO S. AZCUNA

RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS COR

PUS IN RELATION TO CUSTODY OF MINORS

operative

facts

constituting

(d)

Such

other

matters

which

are

relevant to the custody of the minor.

The verified petition shall be accompanied by a certificate

SECTION 1. Applicability. This rule shall

against forum shopping, which the petitioner must sign personally.

apply to petitions for custody of minors and

SECTION 5. Summons; personal service on respondent.

CcHDSA

If the court is satisfied that the petition is sufficient in form and

The Rules of Court shall apply suppletorily.

SECTION 2. Petition for custody of minors; who may file.
A verified petition for the rightful custody of a minor may be
filed by any person claiming such right. The party against whom it
may be filed shall be designated as the respondent.

material

deprivation of custody; and

Associate Justice

writs of habeas corpus in relation thereto.

The

substance, it shall direct the clerk of court to issue summons,

which shall be served together with a copy of the petition
personally on the respondent.
SECTION 6. Motion to Dismiss. A motion to dismiss the

ASEcHI

SECTION 3. Where to file petition. The petition

for custody of minors shall be filed with the Family Court of the
province or city where the petitioner resides or where the minor
may be found.
SECTION 4. Contents of petition. The verified petition
shall allege the following:
(a) The personal circumstances of the petitioner
and of the respondent;
(b) The name, age and present whereabouts of the
minor and his or her relationship to the

petition is not allowed except on the ground of lack of jurisdiction

over the subject matter or over the parties. Any other ground that
might warrant the dismissal of the petition may be raised as an
affirmative defense in the answer.

HSaIET

SECTION 7. Verified Answer. The respondent shall file

an answer to the petition, personally verified by him, within five
days after service of summons and a copy of the petition.
SECTION 8. Case study; duty of social worker. Upon
the filing of the verified answer or the expiration of the
period to file it, the court may order a social worker to make a
case study of the minor and the parties and to submit a report and

petitioner and the respondent;

2

recommendation to the court at least three days before the

(e) All the evidence to be presented, briefly stating or

scheduled pre-trial.

describing its nature and purpose;

SECTION 9. Notice of mandatory pre-trial. Within fifteen

(f) The number and names of the witnesses and their

days after the filing of the answer or the expiration of the

respective affidavits which shall serve as the

period to file answer, the court shall issue an order: (1) fixing a

affiant's testimony on direct examination; and

date for the pre-trial conference; (2) directing the parties to file and
serve their respective pre-trial briefs in such manner as shall

(g) Such other matters as the court may require to be

included in the pre-trial brief.

ensure receipt thereof by the adverse party at least three days

EaCDAT

Failure to file the pre-trial brief or to comply with its

before the date ofpre-trial; and (3) requiring the

required contents shall have the same effect as failure to appear

respondent to present the minor before the court.

The notice of its order shall be served separately on both

at the pre-trial.
SECTION 11. Effect of failure to appear at the pre-trial.

the parties and their respective counsels.

(a) If the petitioner fails to appear personally at the pre-trial, the

The pre-trial is mandatory.

case shall be dismissed, unless his counsel or a duly authorized

SECTION 10. Contents of pre-trial brief. The pre-trial
brief shall contain the following:
(a)

non-appearance of the petitioner.

statement of the

willingness of the

parties to enter into agreements that may be

allowed by law, indicating its terms;

with

the

applicable

laws

and

authorities;
(c) Admitted facts and proposed stipulations of facts;
(d) The disputed factual and legal issues;

(b) If the respondent has filed his answer but

fails to appear at the pre-trial, the petitioner shall be
allowed to present his evidence ex parte. The court shall then

(b) A concise statement of their respective claims

together

representative appears in court and proves a valid excuse for the

render judgment on the basis of the pleadings and the evidence

thus presented.
SECTION 12. What may be done at pre-trial. At the pretrial, the parties may agree on the custody of the minor. If the
parties fail to agree, the court may refer the matter to a mediator
3

who shall have five days to effect an agreement between the

(e) The actual custodian of the minor over twenty-one

parties. If the issue is not settled through mediation, the court shall

years of age, unless the former is unfit or

proceed with the pre-trial conference, on which occasion it shall

disqualified; or

consider such other matters as may aid in the prompt

(f) Any other person or institution the court may deem

disposition of the petition.

suitable to provide proper care and guidance

SECTION 13. Provisional order awarding custody. After

an answer has been filed or after expiration of the period to file it,
the court may issue a provisional order awarding custody of the
minor. As far as practicable, the following order of preference shall
be observed in the award of custody:

for the minor.

SECTION 14. Factors to consider in determining custody.
In awarding custody, the court shall consider the best
interests of the minor and shall give paramount
consideration to his material and moral welfare. The best

(a) Both parents jointly;

interests of the minor refer to the totality of the circumstances and

(b) Either parent, taking into account all relevant

conditions as are most congenial to the survival, protection, and

considerations, especially the choice of the

feelings of security of the minor encouragingto his physical,

minor

years of age

psychological and emotional development. It also means the least

unless

detrimental available alternative for safeguarding the growth and

over

and of sufficient

seven
discernment,

the

development of the minor.

parent chosen is unfit;

(c) The grandparent, or if there are several
grandparents, the grandparent chosen by the
minor

over

and of sufficient

seven
discernment,

(a) Any extrajudicial agreement which the parties

years of age

may have bound themselves to comply with

unless

respecting the rights of the minor to maintain

the

grandparent chosen is unfit or disqualified;

(d) The eldest brother or sister over twenty-one
years of age, unless he or she is unfit or
disqualified;

The court shall also consider the following:

direct

contact

with

the

non-custodial

parent on a regular basis, except when there

is an existing threat or danger of physical,
mental, sexual or emotional violence which
4

endangers the safety and best interests of the

minor;

shall provide in its order awarding provisional custody appropriate

(b) The desire and ability of one parent to foster an

open and loving relationship between the

plan to change the residence of the minor or take him out of his

(d) Any history of child or spousal abuse by the

person seeking custody or who has had any
filial relationship with the minor, including
anyone courting the parent;

residence for more than three days provided it does not prejudice
the visitation rights of the non-custodial parent or parents.
SECTION 16. Hold Departure Order. The minor child
subject of the petition shall not be brought out of the country

(e) The nature and frequency of contact with both

parents;

without prior order from the court while the petition is pending.

HCTDIS

The court, motu proprio or upon application under oath,

(f) Habitual use of alcohol, dangerous drugs or

may issue ex parte a hold departure order, addressed to the

Bureau of Immigration and Deportation, directing it not to allow the

regulated substances;

departureof the minor from the Philippines without the

(g) Marital misconduct;

permission of the court.

(h) The most suitable physical, emotional, spiritual,

psychological and educational environment
for the holistic development and growth of the
minor; and

The Family Court issuing the hold departure order shall

furnish the Department of Foreign Affairs and the
Bureau of Immigration and Deportation of the
Department of Justice a copy of the hold departure order within

preference of the

years of age

court finds said parent or parents unfit or disqualified.

custodial parent or parents at least five days' notice of any

(c) The health, safety and welfare of the minor;

The

visitation rights to the non-custodial parent or parents, unless the

The temporary custodian shall give the court and non-

minor and the other parent;

(i)

SECTION 15. Temporary visitation rights. The court

minor

over

and of sufficient

seven

discernment,

twenty-four hours from its issuance and through the fastest

available means of transmittal.

unless the parent chosen is unfit.

5

The hold departure order shall contain the following

information:

(a) To stay away from the home, school, business, or

place of employment of the

(a) The complete name (including the middle name),

the date and place of birth, the nationality and
the

place of last

residence of the

minor,

other

parent or any other party, or from any other

specific place designated by the court;

person

(b) To cease and desist from harassing, intimidating,

against whom a hold departure order has

or threatening such minor or the other parent

been issued or whose departure from the

or any person to whom custody of the minor is

country has been enjoined;

awarded;

(b) The complete title and docket number of the

(c) To refrain from acts of commission or omission

case in which the hold departure order was

that create an unreasonable risk to the health,

issued;

safety, or welfare of the minor;

(c) The specific nature of the case;

(d) The date of the hold departure order; and

(d) To permit a parent, or a party entitled to visitation

by

court

order

agreement, to visit
(e) A recent photograph, if available, of the party

or

the

minor

separation
at

stated

periods;

against whom a hold departure order has

been issued or whose departure from the
country has been enjoined.

(e) To permit

designated

residence

party to enter

during

specified

period of time in order to take

The court may recall the hold departure order motu
proprio, or upon verified motion of any of the parties after

belongings

not

contested in a

the

personal
proceeding

pending with the Family Court; and

summary hearing, subject to such terms and conditions as may be

necessary for the best interest of the minor.
SECTION 17. Protection Order. The court may issue a

(f) To comply

with

such

other

orders

as

are

necessary for the protection of the minor.

Protection Order requiring any person:

6

SECTION 18. Judgment. After trial, the court shall

render judgment awarding the custody of the minor to the proper
party considering the best interests of the minor.
If it appears that both parties are unfit to have the care

reconsideration or new trial within fifteen days from

notice of judgment.
An aggrieved party may appeal from the decision by filing
a Notice of Appeal within fifteen days from notice of the

and custody of the minor, the court may designate either the

denial of the motion for reconsideration or new trial and serving a

paternal or maternal grandparent of the minor, or his oldest

copy thereofon the adverse parties.

brother or sister, or any reputable person to take charge of such

minor, or commit him to any suitable home for children.
In its judgment, the court may order either or both

SECTION 20. Petition for writ of habeas corpus. A

verified petition for
a writ of habeas corpus involving custody of minors shall be filed

parents to give an amount necessary for the support, maintenance

with the Family Court. The writ shall be enforceable within its

and education of the minor, irrespective of who may be its

judicial region to which the Family Court belongs.

custodian. Indetermining the amount of support, the court may

However, the petition may be filed with the regular

consider the following factors: (1) the financial resources of the

court in the absence of the presiding judge of the Family Court,

custodial and non-custodial parent and those of the minor; (2) the

provided, however, that the regular court shall refer the

physical and emotional health, special needs, and aptitude of the

case to the Family Court as soon as its presiding judge

minor; (3) the standard of living the minor has been

returns to duty.

accustomed to; and (4) the non-monetary contributions that the

parents would make toward the care and well-being of the minor.
The court may also issue any order that is just and
reasonable permitting the parent who is deprived of the care
and custody of the minor to visit or have temporary custody.
SECTION 19. Appeal. No appeal from the decision shall
be allowed unless the appellant has filed a motion for

The petition may also be filed with the appropriate regular

courts in places where there are no Family Courts.
The writ issued by the Family Court or the regular court
shall be enforceable in the judicial region where they belong.
The petition may likewise be filed with the Supreme Court,
Court of Appeals, or with any of its members and, if so granted,
the writ shall be enforceable anywhere in the Philippines.
The writ may be made returnable to a Family Court or to any
7

regular court within the region where the petitioner resides or

where the minor may be found for hearing and decision on the
merits.

aITECD

Upon return of the writ, the court shall decide the

issue on custody of minors. The appellate court, or the member
thereof, issuing the writ shall be furnished a copy of the decision.
SECTION 21. Confidentiality of proceedings. The
hearings on custody of minors may, at the discretion of the court,
be closed to the public and the records of the case shall not be
released tonon-parties without its approval.

HTaIAC

SECTION 22. Effectivity. This Rule shall take

effect on May 15, 2003 following its publication in a
newspaper of general circulation not later than April 30, 2003.
Published in Manila Bulletin on April 28, 2003.
(Rule on Custody of Minors and Writ of Habeas Corpus in Relation to
Custody of Minors, A.M. No. 03-04-04-SC, [2003])
|||

REPUBLIC ACT NO. 8552

Internationally; and the Hague Convention on the Protection of

Children and Cooperation in Respect of Intercountry Adoption.

AN ACT ESTABLISHING THE RULES AND POLICIES ON THE

Toward this end, the State shall provide alternative protection and

DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER

assistance through foster care or adoption for every child who is

PURPOSES

neglected, orphaned, or abandoned.

(c) It shall also be a State policy to:

ARTICLE I
General Provisions
SECTION 1. Short Title. This Act shall be known as the "Domestic
Adoption Act of 1998."

cdphil

SECTION 2. Declaration of Policies. (a) It is hereby declared the

policy of the State to ensure that every child remains under the care
and custody of his/her parent(s) and be provided with love, care,
understanding and security towards the full and harmonious

(i) Safeguard the biological parent(s) from making

hurried decisions to relinquish his/her parental
authority over his/her child;
(ii) Prevent the child from unnecessary separation
from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to
disturb his/her parental authority and custody
over his/her adopted child.

development of his/her personality. Only when such efforts prove

insufficient and no appropriate placement or adoption within the
child's extended family is available shall adoption by an unrelated
person be considered.

Any voluntary or involuntary termination of

parental authority shall be administratively or
judicially declared so as to establish the
status of the child as "legally available for

(b) In all matters relating to the care, custody and adoption of a child,
his/her interest shall be the paramount consideration in accordance
with the tenets set forth in the United Nations (UN) Convention on the
Rights of the Child; UN Declaration on Social and Legal Principles
Relating to the Protection and Welfare of Children with Special

adoption" and his/her custody transferred to

the

Department

of

Social

Welfare

and

Development or to any duly licensed and

accredited

child-placing

or

child-caring

agency, which entity shall be authorized to

Reference to Foster Placement and Adoption, Nationally and

9

take steps for the permanent placement of the

committed to the Department or to a duly

child;

licensed and accredited child-placing or child-

(iv) Conduct

public information and educational

campaigns to promote a positive environment

caring agency, freed of the parental authority

of his/her biological parent(s) or guardian or
adopter(s) in case of rescission of adoption.

for adoption;
(v) Ensure that sufficient capacity exists within
government and private sector agencies to
handle adoption inquiries, process domestic

(c) "Voluntarily committed child" is one whose

parent(s) knowingly and willingly relinquishes
parental authority to the Department.

adoption applications, and offer adoption-

(d) "Involuntarily committed child" is one whose

related services including, but not limited to,

parent(s), known or unknown, has been

parent

permanently

preparation

and

post-adoption

education and counseling; and

(vi) Encourage domestic adoption so as to preserve
the child's identity and culture in his/her native
land, and only when this is not available shall
intercountry adoption be considered as a last
resort.
SECTION 3. Definition of Terms. For purposes of this Act, the
following terms shall be defined as:

parental

and

authority

judicially
due

to

deprived

of

abandonment;

substantial, continuous, or repeated neglect;

abuse; or incompetence to discharge parental
responsibilities.
(e) "Abandoned child" refers to one who has no
proper parental care or guardianship or
whose parent(s) has deserted him/her for a
period of at least six (6) continuous months
and has been judicially declared as such.

(a) "Child" is a person below eighteen (18) years of

age.

(f) "Supervised trial custody" is a period of time within

which

(b) "A child legally available for adoption" refers to a

social

worker

oversees

the

adjustment and emotional readiness of both

child who has been voluntarily or involuntarily

10

adopter(s) and adoptee in stabilizing their filial

SECTION 4. Counseling Services. The Department shall provide

relationship.

the services of licensed social workers to the following:

(g) "Department" refers to the Department of Social

Welfare and Development.

accredited agency by the Department to

provide comprehensive child welfare services
but

not

limited

Parent(s)

Counseling

shall

be

provided to the parent(s) before and after the

(h) "Child-placing agency" is a duly licensed and

including,

(a) Biological

to,

receiving

applications for adoption, evaluating the

prospective adoptive parents, and preparing
the adoption home study.

birth of his/her child. No binding commitment

to an adoption plan shall be permitted before
the birth of his/her child. A period of six (6)
months shall be allowed for the biological
parent(s) to reconsider any decision to
relinquish his/her child for adoption before the
decision becomes irrevocable. Counseling
and rehabilitation services shall also be

(i) "Child-caring agency" is a duly licensed and

accredited agency by the Department that

offered to the biological parent(s) after he/she

has relinquished his/her child for adoption.

provides twenty four (24)-hour residential care

services for abandoned, orphaned, neglected,
or voluntarily committed children.

Steps
Department

shall
to

be

ensure

taken
that

no

by

the

hurried

decisions are made and all alternatives for the

(j) "Simulation of birth" is the tampering of the civil
registry making it appear in the birth records

child's future and the implications of each

alternative have been provided.

that a certain child was born to a person who

is not his/her biological mother, causing such
child to lose his/her true identity and status.

(b) Prospective Adoptive Parent(s) Counseling

sessions, adoption fora and seminars, among
others, shall be provided to prospective

ARTICLE II

adoptive

parent(s)

to

resolve

possible

Pre-Adoption Services
11

adoption issues and to prepare him/her for

any

effective parenting.

emotionally and psychologically capable of

(c) Prospective

Adoptee

Counseling

sessions

shall be provided to ensure that he/she

understands

the

nature

and

effects

of

adoption and is able to express his/her views

on adoption in accordance with his/her age
and level of maturity.

crime

involving

moral

turpitude,

caring for children, at least sixteen (16) years

older than the adoptee, and who is in a
position to support and care for his/her
children in keeping with the means of the
family. The requirement of sixteen (16) year
difference between the age of the adopter
and adoptee may be waived when the

SECTION 5. Location of Unknown Parent(s). It shall be the duty of

adopter is the biological parent of the

the Department or the child-placing or child-caring agency which has

adoptee, or is the spouse of the adoptee's

custody of the child to exert all efforts to locate his/her unknown

parent;

biological parent(s). If such efforts fail, the child shall be registered as

a foundling and subsequently be the subject of legal proceedings
where he/she shall be declared abandoned.

(b) Any alien possessing the same qualifications as

above stated for Filipino nationals: Provided,
That his/her country has diplomatic relations

SECTION 6. Support Services. The Department shall develop a

with the Republic of the Philippines, that

pre-adoption program which shall include, among others, the above

he/she has been living in the Philippines for at

mentioned services.

least three (3) continuous years prior to the

ARTICLE III
Eligibility

filing of the application for adoption and

maintains such residence until the adoption
decree is entered, that he/she has been

SECTION 7. Who May Adopt. The following may adopt:

certified by his/her diplomatic or consular

(a) Any Filipino citizen of legal age, in possession of

office or any appropriate government agency

full civil capacity and legal rights, of good

that he/she has the legal capacity to adopt in

moral character, has not been convicted of

his/her country, and that his/her government

12

allows the adoptee to enter his/her country as

his/her

(i) if one spouse seeks to adopt the legitimate

adopted

son/daughter: Provided, Further,

That

the

son/daughter of the other; or

(ii) if one spouse seeks to adopt his/her own

requirements on residency and certification of

illegitimate

the alien's qualification to adopt in his/her

son/daughter: Provided,

However, that the other spouse has

country may be waived for the following:

signified his/her consent thereto; or

(i) a former Filipino citizen who seeks to adopt

(iii) if the spouses are legally separated from

a relative within the fourth (4th) degree

each other.

of consanguinity or affinity; or
In case husband and wife jointly adopt, or one spouse adopts the
(ii) one who seeks to adopt the legitimate
son/daughter

of

his/her

Filipino

illegitimate son/daughter of the other, joint parental authority shall be

exercised by the spouses.

spouse; or
SECTION 8. Who May Be Adopted. The following may be adopted:
(iii) one who is married to a Filipino citizen
and seeks to adopt jointly with his/her

(a) Any person below eighteen (18) years of age who

spouse a relative within the fourth

has

(4th)

declared available for adoption;

degree

of

consanguinity

or

affinity of the Filipino spouse; or

(c) The guardian with respect to the ward after the
termination of the guardianship and clearance
of his/her financial accountabilities.
Husband and wife shall jointly adopt,
except in the following cases:

been

administratively

or

judicially

(b) The legitimate son/daughter of one spouse by the

other spouse;
(c) An 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

13

treated by the adopter(s) as his/her own child

(d) The illegitimate sons/daughters, ten (10) years of

since minority;

age or over, of the adopter if living with said

adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to

(e) A child whose adoption has been previously

be adopted.

rescinded; or

ARTICLE IV

(f) A child whose biological or adoptive parent(s) has

died: Provided, That no proceedings shall be

Procedure

initiated within six (6) months from the time of

SECTION 10. Hurried Decisions. In all proceedings for adoption,

death of said parent(s).

the court shall require proof that the biological parent(s) has been

SECTION 9. Whose Consent is Necessary to the Adoption. After

properly counseled to prevent him/her from making hurried decisions

being properly counseled and informed of his/her right to give or

caused by strain or anxiety to give up the child, and to sustain that all

withhold his/her approval of the adoption, the written consent of the

measures to strengthen the family have been exhausted and that any

following to the adoption is hereby required:

prolonged stay of the child in his/her own home will be inimical to

his/her welfare and interest.

(a) The adoptee, if ten (10) years of age or over;

SECTION 11. Case Study. No petition for adoption shall be set for
(b) The biological parent(s) of the child, if known, or
the legal guardian, or the proper government
instrumentality which has legal custody of the
child;
(c) The legitimate and adopted sons/daughters, ten
(10) years of age or over, of the adopter(s)
and adoptee, if any;

hearing unless a licensed social worker of the Department, the social

service office of the local government unit, or any child-placing or
child-caring agency has made a case study of the adoptee, his/her
biological parent(s), as well as the adopter(s), and has submitted the
report and recommendations on the matter to the court hearing such
petition.
At the time of preparation of the adoptee's case study, the concerned
social worker shall confirm with the Civil Registry the real identity and
14

registered name of the adoptee. If the birth of the adoptee was not

adopter(s), he/she must complete the six (6)-month trial custody

registered with the Civil Registry, it shall be the responsibility of the

except for those enumerated in Sec. 7 (b) (i) (ii) (iii).

concerned social worker to ensure that the adoptee is registered.

If the child is below seven (7) years of age and is placed with the

The case study on the adoptee shall establish that he/she is legally

prospective adopter(s) through a pre-adoption placement authority

available for adoption and that the documents to support this fact are

issued by the Department, the prospective adopter(s) shall enjoy all

valid and authentic. Further, the case study of the adopter(s) shall

the benefits to which biological parent(s) is entitled from the date the

ascertain his/her genuine intentions and that the adoption is in the

adoptee is placed with the prospective adopter(s).

best interest of the child.

SECTION 13. Decree of Adoption. If, after the publication of the

The Department shall intervene on behalf of the adoptee if it finds,

order of hearing has been complied with, and no opposition has been

after the conduct of the case studies, that the petition should be

interposed to the petition, and after consideration of the case studies,

denied. The case studies and other relevant documents and records

the qualifications of the adopter(s), trial custody report and the

pertaining to the adoptee and the adoption shall be preserved by the

evidence submitted, the court is convinced that the petitioners are

Department.

qualified to adopt, and that the adoption would redound to the best

SECTION 12. Supervised Trial Custody. No petition for adoption

interest of the adoptee, a decree of adoption shall be entered which

shall be finally granted until the adopter(s) has been given by the
court a supervised trial custody period for at least six (6) months
within which the parties are expected to adjust psychologically and
emotionally to each other and establish a bonding relationship. During
said period, temporary parental authority shall be vested in the
adopter(s).
The court may motu proprio or upon motion of any party reduce the
trial period if it finds the same to be in the best interest of the adoptee,
stating the reasons for the reduction of the period. However, for alien

shall be effective as of the date the original petition was filed. This
provision shall also apply in case the petitioner(s) dies before the
issuance of the decree of adoption to protect the interest of the
adoptee. The decree shall state the name by which the child is to be
known.

cdtai

SECTION 14. Civil Registry Record. An amended certificate of

birth shall be issued by the Civil Registry, as required by the Rules of
Court, attesting to the fact that the adoptee is the child of the
adopter(s) by being registered with his/her surname. The original
certificate of birth shall be stamped "cancelled" with the annotation of
15

the issuance of an amended birth certificate in its place and shall be

and as such is entitled to all the rights and obligations provided by law

sealed in the civil registry records. The new birth certificate to be

to legitimate sons/daughters born to them without discrimination of

issued to the adoptee shall not bear any notation that it is an

any kind. To this end, the adoptee is entitled to love, guidance, and

amended issue.

support in keeping with the means of the family.

SECTION 15. Confidential Nature of Proceedings and Records. All

SECTION 18. Succession. In legal and intestate succession, the

hearings in adoption cases shall be confidential and shall not be open

adopter(s) and the adoptee shall have reciprocal rights of succession

to the public. All records, books, and papers relating to the adoption

without distinction from legitimate filiation. However, if the adoptee

cases in the files of the court, the Department, or any other agency or

and his/her biological parent(s) had left a will, the law on testamentary

institution participating in the adoption proceedings shall be kept

succession shall govern.

strictly confidential.

ARTICLE VI

If the court finds that the disclosure of the information to a third person
is necessary for purposes connected with or arising out of the
adoption and will be for the best interest of the adoptee, the court may
merit the necessary information to be released, restricting the
purposes for which it may be used.

Rescission of Adoption
SECTION 19. Grounds for Rescission of Adoption. Upon petition of
the adoptee, with the assistance of the Department if a minor or if
over

eighteen

(18)

years

of

age

but

is

incapacitated,

as

guardian/counsel, the adoption may be rescinded on any of the

ARTICLE V

following grounds committed by the adopter(s): (a) repeated physical

Effects of Adoption

and verbal maltreatment by the adopter(s) despite having undergone

SECTION 16. Parental Authority. Except in cases where the

counseling; (b) attempt on the life of the adoptee; (c) sexual assault or

biological parent is the spouse of the adopter, all legal ties between
the biological parent(s) and the adoptee shall be severed and the

violence; or (d) abandonment and failure to comply with parental

obligations.

same shall then be vested on the adopter(s).

Adoption, being in the best interest of the child, shall not be subject to

SECTION 17. Legitimacy. The adoptee shall be considered the

rescission by the adopter(s). However, the adopter(s) may disinherit

legitimate son/daughter of the adopter(s) for all intents and purposes

the adoptee for causes provided in Article 919 of the Civil Code.
16

SECTION 20. Effects of Rescission. If the petition is granted, the

(i) obtaining

consent

for

an

adoption

through

parental authority of the adoptee's biological parent(s), if known, or

coercion, undue influence, fraud, improper

the legal custody of the Department shall be restored if the adoptee is

material inducement, or other similar acts;

still a minor or incapacitated. The reciprocal rights and obligations of

(ii) non-compliance

the adopter(s) and the adoptee to each other shall be extinguished.

the

procedures

and

safeguards provided by the law for adoption;

The court shall order the Civil Registrar to cancel the amended
certificate of birth of the adoptee and restore his/her original birth

with

or
(iii) subjecting or exposing the child to be adopted to

certificate.

danger, abuse, or exploitation.

Succession rights shall revert to its status prior to adoption, but only
as of the date of judgment of judicial rescission. Vested rights
acquired prior to judicial rescission shall be respected.

(b) Any person who shall cause the fictitious registration of the birth of
a child under the name(s) of a person(s) who is not his/her biological
parent(s) shall be guilty of simulation of birth, and shall be punished

All the foregoing effects of rescission of adoption shall be without

by prision mayor in its medium period and a fine not exceeding Fifty

prejudice to the penalties imposable under the Penal Code if the

thousand pesos (P50,000.00).

criminal acts are properly proven.

Any physician or nurse or hospital personnel who, in violation of

ARTICLE VII

his/her oath of office, shall cooperate in the execution of the

Violations and Penalties

abovementioned crime shall suffer the penalties herein prescribed

SECTION 21. Violations and Penalties. (a) The penalty of

and also the penalty of permanent disqualification.

imprisonment ranging from six (6) years and one (1) day to twelve

Any person who shall violate established regulations relating to the

(12) years and/or a fine not less than Fifty thousand pesos

confidentiality

(P50,000.00), but not more than Two hundred thousand pesos

communications of adoption applications, cases, and processes shall

(P200,000.00) at the discretion of the court shall be imposed on any

suffer the penalty of imprisonment ranging from one (1) year and one

person who shall commit any of the following acts:

(1) day to two (2) years, and/or a fine of not less than Five thousand

and

integrity

of

records,

documents,

and

17

pesos (P5,000.00) but not more than Ten thousand pesos

prescribed penalties, be penalized in accordance with existing civil

(P10,000.00), at the discretion of the court.

service laws, rules and regulations: Provided, That upon the filing of a
case, either administrative or criminal, said government official,
employee, or functionary concerned shall automatically suffer

A penalty lower by two (2) degrees than that prescribed for the

suspension until the resolution of the case.

consummated offense under this Article shall be imposed upon the

principals of the attempt to commit any of the acts herein enumerated.

SECTION 22. Rectification of Simulated Births. A person who has,

prior to the effectivity of this Act, simulated the birth of a child shall not

Acts punishable under this Article, when committed by a syndicate or

be punished for such act: Provided, That the simulation of birth was

where it involves two (2) or more children shall be considered as an

made for the best interest of the child and that he/she has been

offense constituting child trafficking and shall merit the penalty

consistently considered and treated by that person as his/her own

ofreclusion perpetua.

son/daughter: Provided, further, That the application for correction of

Acts punishable under this Article are deemed committed by a

the birth registration and petition for adoption shall be filed within five

syndicate if carried out by a group of three (3) or more persons

(5)

conspiring and/or confederating with one another in carrying out any

thereafter: Provided, finally, That such person complies with the

of the unlawful acts defined under this Article. Penalties as are herein

procedure as specified in Article IV of this Act and other requirements

provided, shall be in addition to any other penalties which may be

as determined by the Department.

imposed for the same acts punishable under other laws, ordinances,
executive orders, and proclamations.
When the offender is an alien, he/she shall be deported immediately
after service of sentence and perpetually excluded from entry to the
country.

years

from

the

effectivity

of

this

Act

and

completed

ARTICLE VIII
Final Provisions
SECTION 23. Adoption Resource and Referral Office. There shall
be established an Adoption Resources and Referral Office under the
Department with the following functions: (a) monitor the existence,

Any government official, employee or functionary who shall be found

number, and flow of children legally available for adoption and

guilty of violating any of the provisions of this Act, or who shall

prospective adopter(s) so as to facilitate their matching; (b) maintain a

conspire with private individuals shall, in addition to the above-

nationwide information and educational campaign on domestic

18

adoption; (c) keep records of adoption proceedings; (d) generate

SECTION 28. Effectivity Clause. This Act shall take effect fifteen

resources to help child-caring and child-placing agencies and foster

(15) days following its complete publication in any newspaper of

homes maintain viability; and (e) do policy research in collaboration

general circulation or in the Official Gazette.

with the Intercountry Adoption Board and other concerned agencies.

Approved: February 25, 1998

The office shall be manned by adoption experts from the public and
private sectors.

Published in Malaya on March 7, 1998. Published in the Official

Gazette, Vol. 94 No. 28, 74 Supp., on July 13, 1998.

SECTION 24. Implementing Rules and Regulations. Within six (6)

|||

(Domestic Adoption Act of 1998, REPUBLIC ACT NO. 8552, [1998])

months from the promulgation of this Act, the Department, with the
Council for the Welfare of Children, the Office of Civil Registry
General, the Department of Justice, Office of the Solicitor General,
and two (2) private individuals representing child-placing and childcaring agencies shall formulate the necessary guidelines to make the
provisions of this Act operative.
SECTION 25. Appropriations. Such sum as may be necessary for
the implementation of the provisions of this Act shall be included in
the General Appropriations Act of the year following its enactment into
law and thereafter.
SECTION 26. Repealing Clause. Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order,
rule, or regulation contrary to, or inconsistent with the provisions of
this Act is hereby repealed, modified, or amended accordingly.
SECTION 27. Separability Clause. If any provision of this Act is
held invalid or unconstitutional, the other provisions not affected
thereby shall remain valid and subsisting.
19

REPUBLIC ACT NO. 8043

a) Inter-country adoption refers to the socio-legal

process of adopting a Filipino child by a

AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY

foreigner or a Filipino citizen permanently

ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER PURPOSES

residing abroad where the petition is filed, the

supervised trial custody is undertaken, and
the decree of adoption is issued outside the

ARTICLE I

Philippines.
General Provisions
SECTION 1. Short Title. This Act shall be known as the

b) Child means a person below fifteen (15) years of

age unless sooner emancipated by law.

"Inter-Country Adoption Act of 1995."

SECTION 2. Declaration of Policy. It is hereby declared
the policy of the State to provide every neglected and abandoned
child with a family that will provide such child with love and care as
well as opportunities for growth and development. Towards this

c) Department refers to the Department of Social

Welfare and Development of the Republic of
the Philippines.
d) Secretary refers

end, efforts shall be exerted to place the child with an adoptive

Department

family in the Philippines. However, recognizing that inter-country

Development.

adoption may be considered as allowing aliens, not presently

allowed by law to adopt Filipino children if such children cannot be
adopted by qualified Filipino citizens or aliens, the State shall take
measures to ensure that inter-country adoptions are allowed when
the same shall prove beneficial to the child's best interests, and
shall serve and protect his/her fundamental rights.

to
of

the

Secretary

Social

of

Welfare

the
and

acd

e) Authorized and accredited agency refers to the

State welfare agency or a licensed adoption
agency in the country of the adopting parents
which provide comprehensive social services
and

which

is

duly

recognized

by

the

cdt

Department.

SECTION 3. Definition of Terms. As used in this Act,

the term:

f) Legally-free child means a child who has been

voluntarily or involuntarily committed to the
20

Department, in accordance with the Child and

Youth Welfare Code.
g) Matching refers to the judicious pairing of the
adoptive child and the applicant to promote a
mutually satisfying parent-child relationship.
h) Board refers to the Inter-country Adoption Board.
ARTICLE II

b) Collect,

maintain,

and

preserve

confidential

information about the child and the adoptive

parents;
c) Monitor, follow up, and facilitate completion of
adoption of the child through authorized and
accredited agency;
d) Prevent improper financial or other gain in
connection with an adoption and deter

The Inter-Country Adoption Board

SECTION 4. The Inter-Country Adoption Board. There
is hereby created the Inter-Country Adoption Board, hereinafter
referred to as the Board, to act as the central authority in matters
relating to inter-country adoption. It shall act as the policy-making

improper practices contrary to this Act;

e) Promote the development of adoption services
including post-legal adoption;
f) License

and

accredit

cd i

child-caring/placement

body for purposes of carrying out the provisions of this Act, in

agencies and collaborate with them in the

consultation and coordination with the Department, the different

placement of Filipino children;

child-care and placement agencies, adoptive agencies, as well as

g) Accredit and authorize foreign adoption agency in

non-governmental organizations engaged in child-care and

the placement of Filipino children in their own

placement activities. As such, it shall:

country; and

a) Protect the Filipino child from abuse, exploitation,

trafficking and/or sale or any other practice in
connection with adoption which is harmful,
detrimental, or prejudicial to the child;

h) Cancel the license to operate and blacklist the

child-caring
adoptive

and
agency

placement
involved

agency

or

from

the

accreditation list of the Board upon a finding

of violation of any provision under this Act.

21

SECTION 5. Composition of the Board. The Board shall

be composed of the Secretary of the Department as ex

shall be under the direct supervision of the

Board;

officio Chairman, and six (6) other members to be appointed by

the President for a nonrenewable term of six (6) years: Provided,
That there shall be appointed one (1) psychiatrist or psychologist,

c) to set the guidelines for the manner by which

selection/matching of prospective adoptive
parents and adoptive child can be made;

two (2) lawyers who shall have at least the qualifications of a

regional trial court judge, one (1) registered social worker and two

d) to determine a reasonable schedule of fees and

(2) representatives from non-governmental organizations engaged

charges to be exacted in connection with the

in child-caring and placement activities. The members of the

application for adoption;

Board shall receive a per diem allowance of One thousand five

hundred pesos (P1,500) for each meeting attended by

application for inter-country adoption;

them: Provided, further, That no compensation shall be paid for

more than four (4) meetings a month.

Board shall have the following powers and functions:

to

carry

out

the

provisions of this Act, after consultation and

upon

favorable

different

recommendation

abuse, exploitation, trafficking and other

adoption practice that is harmful, detrimental

a) to prescribe rules and regulations as it may deem

necessary

f) to formulate and develop policies, programs and

services that will protect the Filipino child from

SECTION 6. Powers and Functions of the Board. The

reasonably

e) to determine the form and contents of the

of

the

agencies concerned with child-

and prejudicial to the best interest of the child;

g) to institute systems and procedures to prevent
improper financial gain in connection with
adoption and deter improper practices which
are contrary to this Act;

caring, placement, and adoption;

h) to promote the development of adoption services,
b) to set the guidelines for the convening of an Inter-

including post-legal adoption services;

cd

country Adoption Placement Committee which

i) to accredit and authorize foreign private adoption
agencies

which

have

demonstrated
22

professionalism,

competence

have

l) to assist other concerned agencies and the courts

consistently pursued non-profit objectives to

in the implementation of this Act, particularly

engage in the placement of Filipino children in

as regards coordination with foreign persons,

their own country: Provided, That such foreign

agencies and other entities involved in the

private agencies are duly authorized and

process of adoption and the physical transfer

accredited by their own government to

of the child; and

conduct

and

inter-country

adoption: Provided, however, That the total

number of authorized and accredited foreign

m) to perform such other functions on matters

relating to inter-country adoption as may be
determined by the President.

private adoption agencies shall not exceed

ARTICLE III

one hundred (100) a year;

j) to

take

appropriate

measures

to

ensure

confidentiality of the records of the child, the

Procedure
SECTION 7. Inter-Country Adoption as the Last Resort.

natural parents and the adoptive parents at all

The Board shall ensure that all possibilities for adoption of the

times;

child under the Family Code have been exhausted and that inter-

k) to prepare, review or modify, and thereafter,

recommend to the Department of Foreign
Affairs, Memoranda of Agreement respecting
inter-country adoption consistent with the
implementation of this Act and its stated
goals, entered into, between and among
foreign

governments,

international

country adoption is in the best interest of the child. Towards this

end, the Board shall set up the guidelines to ensure that steps will
be taken to place the child in the Philippines before the child is
placed for inter-country adoption: Provided, however, That the
maximum number that may be allowed for foreign adoption shall
not exceed six hundred (600) a year for the first five (5) years.
SECTION 8. Who May Be Adopted. Only a legally free

organizations and recognized international

child may be the subject of inter-country adoption. In order that

non-governmental organizations;

such child may be considered for placement, the following

documents must be submitted to the Board:

cdasia

23

a) Child study;

d) has not been convicted of a crime involving moral

turpitude;

b) Birth certificate/foundling certificate;

c) Deed

of

voluntary

commitment/decree

of

abandonment/death certificate of parents;

e) is eligible to adopt under his/her national law;

f) is in a position to provide the proper care and
support and to give the necessary moral

d) Medical evaluation/history;

values and example to all his children,

e) Psychological evaluation, as necessary; and

including the child to be adopted;

f) Recent photo of the child.

g) agrees to uphold the basic rights of the child as

SECTION 9. Who May Adopt. An alien or a Filipino

embodied under Philippine laws, the U.N.

citizen permanently residing abroad may file an application for

Convention on the Rights of the Child, and to

inter-country adoption of a Filipino child if he/she:

abide by the rules and regulations issued to

a) is at least twenty-seven (27) years of age and at

least sixteen (16) years older than the child to

implement the provisions of this Act;

h) comes from a country with whom the Philippines

be adopted, at the time of application unless

has

the adopter is the parent by nature of the child

government maintains a similarly authorized

to be adopted or the spouse of such parent;

and accredited agency and that adoption is

b) if married, his/her spouse must jointly file for the

adoption;

relations

and

whose

allowed under his/her national laws; and

i) possesses all the qualifications and none of the

c) has the capacity to act and assume all rights and

responsibilities of parental authority under his
national

diplomatic

laws,

and

has

undergone

applicable Philippine laws.

the

appropriate counseling from an accredited

counselor in his/her country;

disqualifications provided herein and in other

SECTION 10. Where to File Application. An application

to adopt a Filipino child shall be filed either with the Philippine
24

Regional Trial Court having jurisdiction over the child, or with the

immediate community who have known the

Board, through an intermediate agency, whether governmental or

applicant(s) for at least five (5) years; and

an authorized and accredited agency, in the country of the

h) Recent postcard-size pictures of the applicant(s)

prospective adoptive parents, which application shall be in

and his immediate family.

accordance with the requirements as set forth in the implementing

rules and regulations to be promulgated by the Board.

The Rules of Court shall apply in case of adoption by

cdasia

The application shall be supported by the following

documents written and officially translated in English:
a) Birth certificate of applicant(s);
b) Marriage contract, if married, and divorce decree,
if applicable;
c) Written consent of their biological or adoptive

judicial proceedings.
SECTION 11. Family Selection/Matching. No child shall
be matched to a foreign adoptive family unless it is satisfactorily
shown that the child cannot be adopted locally. The clearance, as
issued by the Board, with the copy of the minutes of the meetings,
shall form part of the records of the child to be adopted. When the
Board is ready to transmit the Placement Authority to the

children above ten (10) years of age, in the

authorized and accredited inter-country adoption agency and all

form of sworn statement;

the travel documents of the child are ready, the adoptive parents,
or any one of them, shall personally fetch the child in the

d) Physical, medical and psychological evaluation by

Philippines.

a duly licensed physician and psychologist;

SECTION 12. Pre-adoptive Placement Costs. The
e) Income tax returns or any document showing the
financial capability of the applicant(s);
f) Police clearance of applicant(s);

applicant(s) shall bear the following costs incidental to the

placement of the child:
a) The cost of bringing the child from the Philippines

g) Character reference from the local church/minister,

to the residence of the applicant(s) abroad,

the applicant's employer and a member of the

including all travel expenses within the

Philippines and abroad; and
25

b) The cost of passport, visa, medical examination

The Department of Foreign Affairs shall set-up a system by

and psychological evaluation required, and

which Filipino children sent abroad for trial custody are monitored

other related expenses.

and checked as reported by the authorized and accredited inter-

SECTION 13. Fees, Charges and Assessments. Fees,

charges, and assessments collected by the Board in the exercise
of its functions shall be used solely to process applications for
inter-country adoption and to support the activities of the Board.
SECTION 14. Supervision of Trial Custody. The
governmental agency or the authorized and accredited agency in
the country of the adoptive parents which filed the application for
inter-country adoption shall be responsible for the trial custody
and the care of the child. It shall also provide family counseling

country adoption agency as well as the repatriation to the

Philippines of a Filipino child whose adoption has not been
approved.
SECTION 15. Executive Agreements. The Department
of Foreign Affairs, upon representation of the Board, shall cause
the preparation of Executive Agreements with countries of the
foreign adoption agencies to ensure the legitimate concurrence of
said countries in upholding the safeguards provided by this Act.
ARTICLE IV

and other related services. The trial custody shall be for a period

Penalties

of six (6) months from the time of placement. Only after the lapse

SECTION 16. Penalties. a) Any person who shall

of the period of trial custody shall a decree of adoption be issued

in the said country, a copy of which shall be sent to the Board to
form part of the records of the child.
During the trial custody, the adopting parent(s) shall submit

knowingly participate in the conduct or carrying out of an illegal

adoption, in violation of the provisions of this Act, shall be
punished with a penalty of imprisonment ranging from six (6)
years and one (1) day to twelve (12) years and/or a fine of not less

to the governmental agency or the authorized and accredited

than Fifty thousand pesos (P50,000), but not more than Two

agency, which shall in turn transmit a copy to the Board, a

hundred thousand pesos (P200,000), at the discretion of the court.

progress report of the child's adjustment. The progress report shall

For purposes of this Act, an adoption is illegal if it is effected in

be taken into consideration in deciding whether or not to issue the

any manner contrary to the provisions of this Act or established

decree of adoption.

State policies, its implementing rules and regulations, executive

aisa dc

26

agreements, and other laws pertaining to adoption. Illegality may

be presumed from the following acts:

syndicate or where it involves two or more children shall be

1) consent for an adoption was acquired through, or

attended

by

coercion,

Acts punishable under this Article, when committed by a

fraud,

improper

material inducement;

considered as an offense constituting child trafficking and shall

merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed

2) there is no authority from the Board to effect

by a syndicate if carried out by a group of three (3) or more

persons conspiring and/or confederating with one another in

adoption;

carrying out any of the unlawful acts defined under this Article.
3) the procedures and safeguards placed under the
law for adoption were not complied with; and
4) the child to be adopted is subjected to, or exposed

Penalties as are herein provided shall be in addition to any other

penalties which may be imposed for the same acts punishable
under other laws, ordinances, executive orders, and
proclamations.

to danger, abuse and exploitation.

b) Any person who shall violate established regulations

SECTION 17. Public Officers as Offenders. Any

relating to the confidentiality and integrity of records, documents

government official, employee or functionary who shall be found

and communications of adoption applications, cases and

guilty of violating any of the provisions of this Act, or who shall

processes shall suffer the penalty of imprisonment ranging from

conspire with private individuals shall, in addition to the above-

one (1) year and one (1) day to two (2) years, and/or a fine of not

prescribed penalties, be penalized in accordance with existing civil

less than Five thousand pesos (P5,000), but not more than Ten

service laws, rules and regulations: Provided, That upon the filing

thousand pesos (P10,000), at the discretion of the court.

of a case, either administrative or criminal, said government

cdasia

A penalty lower by two (2) degrees than that prescribed for

the consummated felony under this Article shall be imposed upon
the principals of the attempt to commit any of the acts herein
enumerated.

official, employee or functionary concerned shall automatically

suffer suspension until the resolution of the case.
ARTICLE V
Final Provisions

27

SECTION 18. Implementing Rules and Regulations.

Approved: June 7, 1995

(SGD.) MA. LYRA T. DEL
CASTILLO
Licensed Social Worker
(SGD.) MA. ANGELES P.
FULLERTON
NGO Representative
(SGD.) FLORANIE P. JACOB
Psychologist

The Inter-country Adoption Board, in coordination with the Council

for the Welfare of Children, the Department of Foreign Affairs, and
the Department of Justice, after due consultation with agencies
involved in child-care and placement, shall promulgate the
necessary rules and regulations to implement the provisions of
this Act within six (6) months after its effectivity.
SECTION 19. Appropriations. The amount of Five
million pesos (P5,000,000) is hereby appropriated from the
proceeds of the Lotto for the initial operations of the Board and
subsequently the appropriations of the same shall be included in

(SGD.) SISTER REBECCA FELIZARDO,

DC
NGO Representative
(SGD.) GWENDOLYN P. GANA
Lawyer
(SGD.) ERIC HENRY JOSEPH F.
MALLONGA
Lawyer

Published in Malaya and the Philippine Times Journal on June 30,

1995. Published in the Official Gazette, Vol. 91 No. 32 page 5006 on
August 7, 1995.
(Inter-Country Adoption Act of 1995, REPUBLIC ACT NO. 8043,
[1995])
|||

the General Appropriations Act for the year following its

enactment.
SECTION 20. Separability Clause. If any provision, or
part hereof, is held invalid or unconstitutional, the remainder of the
law or the provision not otherwise affected, shall remain valid and
subsisting.

cda

SECTION 21. Repealing Clause. Any law, decree,

executive order, administrative order or rules and regulations
contrary to, or inconsistent with the provisions of this Act are
hereby repealed, modified or amended accordingly.
SECTION 22. Effectivity Clause. This Act shall take
effect fifteen (15) days after its publication in two (2) newspapers
of general circulation.
28

REPUBLIC ACT NO. 9523

most expeditious proceedings for the best interest and welfare of

the child.

AN ACT REQUIRING THE CERTIFICATION OF THE DEPARTMENT

OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE
A "CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR
THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO.
8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF
1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS

SECTION 2. Definition of Terms. As used in this Act,

the following terms shall mean:
(1) Department of Social Welfare and Development
(DSWD) is the agency charged to implement the
provisions of this Act and shall have the sole
authority to issue the certification declaring a child
legally available for adoption.

THE INTER-COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL

DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND
YOUTH WELFARE CODE, AND FOR OTHER PURPOSES

(2) Child refers to a person below eighteen (18) years of

age or a person over eighteen (18) years of age but
is unable to fully take care of himself/herself or

SECTION 1. Declaration of Policy. It is hereby declared

the policy of the State that alternative protection and assistance
shall be afforded to every child who is abandoned, surrendered, or
neglected. In this regard, the State shall extend such assistance in

protect himself/herself from abuse, neglect, cruelty,

exploitation, or discrimination because of physical
or mental disability or condition.
(3) Abandoned Child refers to a child who has no proper

the most expeditious manner in the interest of full emotional and

parental care or guardianship, or whose parent(s)

social development of the abandoned, surrendered, or neglected

have deserted him/her for a period of at least three

child.

(3) continuous months, which includes a foundling.

It is hereby recognized that administrative processes under

(4) Neglected Child refers to a child whose basic needs

the jurisdiction of the Department of Social Welfare and

have been deliberately unattended or inadequately

Development for the declaration of a child legally available for

attended within a period of three (3) continuous

adoption of abandoned, surrendered, or neglected children are the

months. Neglect may occur in two (2) ways:

29

(a) There is physical neglect when the child is

malnourished, ill-clad, and without proper
shelter. A child is unattended when left by
himself/herself without proper provisions
and/or without proper supervision.

raped,

overworked,

or

seduced,

made

to

exploited,

work

under

conditions not conducive to good health; or

is made to beg in the streets or public
places; or when children are in moral
danger,

or

exposed

to

gambling,

prostitution, and other vices.

whose favor a certification was issued by the

DSWD that he/she is legally available for adoption
after the fact of abandonment or neglect has been
through

the

submission

(7) Child-caring agency or institution refers to a private

non-profit or government agency duly accredited by

residential care services for abandoned, neglected,

or voluntarily committed children.
(8) Child-placing agency or institution refers to a private
non-profit institution or government agency duly
accredited by the DSWD that receives and
processes applicants to become foster or adoptive
parents and facilitate placement of children eligible
for foster care or adoption.

(5) Child Legally Available for Adoption refers to a child in

proven

or institution.

the DSWD that provides twenty-four (24) hour

(b) There is emotional neglect when the child is

maltreated,

accredited child-placement or child-caring agency

of

pertinent

documents, or one who was voluntarily committed

by his/her parent(s) or legal guardian.
(6) Voluntarily Committed Child is one whose parent(s) or

(9) Petitioner refers to the head or executive director of a

licensed or accredited child-caring or child-placing
agency or institution managed by the government,
local government unit, nongovernmental
organization, or provincial city, or municipal Social
Welfare Development Officer who was actual
custody of the minor and who files a certification to
declare such child legally available for adoption, or,

legal guardian knowingly and willingly relinquished

if the child is under the custody of any other

parental authority to the DSWD or any duly

individual, the agency or institution does so with the

consent of the child's custodian.
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(10) Secretary refers to the Secretary of the DSWD or his

duly authorized representative.

or child-placing agency or institution charged with

the custody of the child;

(11) Conspicuous Place shall refer to a place frequented

(2) Proof that efforts were made to locate the parent(s) or

by the public, whereby the notice of the petition

any known relatives of the child. The following shall

shall be posted for information of any interested

be considered sufficient:

person.

(a) Written certification from a local or national radio

(12) Social Case Study Report (SCSR) shall refer to a

written report of the result of an assessment
conducted by a licensed social worker as to the
socio-cultural economic condition, psychosocial

or television station that the case was aired

on three (3) different occasions;
(b) Publication in one (1) newspaper of general
circulation;

background, current functioning and facts of

abandonment or neglect of the child. The report
shall also state the efforts of social worker to locate
the child's biological parents/relatives.

(c) Police report or barangay certification from the

locality where the child was found or a
certified copy of a tracing report issued by

AHCTEa

the Philippine National Red Cross (PNRC),

SECTION 3. Petition. The petition shall be in the form of
an affidavit, subscribed and sworn to before any person
authorized by law to administer oaths. It shall contain facts
necessary to establish the merits of the petition and shall state the

National

Headquarters

(NHQ),

Social

Services Division, which states that despite

due diligence, the child's parents could not
be found; and

circumstances surrounding the abandonment or neglect of the

(d) Returned registered mail to the last known

child.

address of the parent(s) or known relatives,

The petition shall be supported by the following

if any.

documents:
(3) Birth certificate, if available; and
(1) Social Case Study Report made by the DSWD, local
government unit, licensed or accredited child-caring
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(4) Recent photograph of the child and photograph of the

child upon abandonment or admission to the
agency or institution.
SECTION 4. Procedure for the Filing of the Petition. The

shall transmit the foundling certificate to the National Statistics

Office (NSO).
SECTION 6. Appeal. The decision of the Secretary shall
be appealable to the Court of Appeals within five (5) days from

petition shall be filed in the regional office of the DSWD where the

receipt of the decision by the petitioner, otherwise the same shall

child was found or abandoned.

be final and executory.

The Regional Director shall examine the petition and its

SECTION 7. Declaration of Availability for Adoption of

supporting documents, if sufficient in form and substance and

Involuntarily Committed Child and Voluntarily Committed Child.

shall authorize the posting of the notice of the petition in

The certificate declaring a child legally available for adoption in

conspicuous places for five (5) consecutive days in the locality

case of an involuntarily committed child under Article 141,

where the child was found.

paragraph 4 (a) and Article 142 of Presidential Decree No.

STaCIA

The Regional Director shall act on the same and shall

render a recommendation not later than five (5) working days after
the completion of its posting. He/she shall transmit a copy of

603 shall be issued by the DSWD within three (3) months

following such involuntary commitment.
In case of voluntary commitment as contemplated in Article

his/her recommendation and records to the Office of the Secretary

154 of Presidential Decree No. 603, the certification declaring the

within forty-eight (48) hours from the date of the recommendation.

child legally available for adoption shall be issued by the Secretary

SECTION 5. Declaration of Availability for Adoption.

Upon finding merit in the petition, the Secretary shall issue a
certification declaring the child legally available for adoption within
seven (7) working days from receipt of the recommendation.
Said certification, by itself, shall be the sole basis for the
immediate issuance by the local civil registrar of a foundling
certificate. Within seven (7) working days, the local civil registrar

within three (3) months following the filing of the Deed of Voluntary
Commitment, as signed by the parent(s) with the DSWD.
Upon petition filed with the DSWD, the parent(s) or legal
guardian who voluntarily committed a child may recover legal
custody and parental authority over him/her from the agency or
institution to which such child was voluntarily committed when it is
shown to the satisfaction of the DSWD that the parent(s) or legal
guardian is in a position to adequately provide for the needs of the
32

child: Provided,That, the petition for restoration is filed within three

SECTION 10. Penalty. The penalty of One hundred

(3) months after the signing of the Deed of Voluntary

thousand pesos (P100,000.00) to Two hundred thousand pesos

Commitment.

(P200,000.00) shall be imposed on any person, institution, or

SECTION 8. Certification. The certification that a child is

legally available for adoption shall be issued by the DSWD in lieu
of a judicial order, thus making the entire process administrative in
nature.

agency who shall place a child for adoption without the

certification that the child is legally available for adoption issued by
the DSWD. Any agency or institution found violating any provision
of this Act shall have its license to operate revoked without

HCacDE

prejudice to the criminal prosecution of its officers and employees.

The certification, shall be, for all intents and purposes, the
primary evidence that the child is legally available in a domestic
adoption proceeding, as provided in Republic Act No. 8552, and in
an inter-country adoption proceeding, as provided in Republic Act
No. 8043.
SECTION 9. Implementing Rules and Regulations. The
DSWD, together with the Council for Welfare of Children, InterCountry Adoption Board, two (2) representatives from licensed or
accredited child-placing and child-caring agencies or institutions,
National Statistics Office, and Office of the Civil Registrar, is
hereby tasked to draft the implementing rules and regulations of
this Act within sixty (60) days following its complete publication.

Violation of any provision of this Act shall subject the

government official or employee concerned to appropriate
administrative, civil and/or criminal sanctions, including
suspension and/or dismissal from the government service and
forfeiture of benefits.
SECTION 11. Repealing Clause. Sections 2 (c) (iii), 3
(b), (e), and 8 (a) of Republic Act No. 8552, Section 3 (f)
of Republic Act No. 8043, Chapter 1 of Titles VII and VIII
of Presidential Decree No. 603, and any law, presidential decree,
executive order, letter of instruction, administrative order, rule, or
regulation contrary to or inconsistent with the provisions of this Act
are hereby repealed, modified, or amended accordingly.

Upon effectivity of this Act and pending the completion of

the drafting of the implementing rules and regulations, petitions for
the issuance of a certification declaring a child legally available for
adoption may be filed with the regional office of the DSWD where

SECTION 12. Separability Clause. If any provision of

this Act is held invalid or unconstitutional, the other provisions not
affected thereby shall remain valid and subsisting.

the child was found or abandoned.

33

SECTION 13. Effectivity. This Act shall take effect

fifteen (15) days following its complete publication in two (2)
newspapers of general circulation or in the Official Gazette.
Approved: March 12, 2009.
(An Act Requiring the Certification of the Department of Social
Welfare and Development (DSWD) to Declare a "Child Legally
Available for Adoption" as a Prerequisite for Adoption Proceedings,
REPUBLIC ACT NO. 9523, [2009])
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