Today is Wednesday, September 18, 2019

Seventeenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

ption Proceedings for the Purpose

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

ARTICLE I
GENERAL PROVISIONS

simulation was made for the best interest of the child, and that such child has been consistently considered and treated by the perso

all the benefits of adoption and ensuring that the child shall be entitled to all the rights provided by law to legally adopted children, wi

h record of a child prior to the effectivity of this Act: Provided, That a petition for adoption with an application for the rectification of the

where the child has been living with the person or persons who simulated her or his birth record for at least three (3) years before the

cument issued by the Secretary of the Department of Social Welfare and Development (DSWD) or the Secretary’s duly authorized re
‘Child Legally Available for Adoption’ as a Prerequisite for Adoption Proceedings, Amending for this Purpose Certain Provisions of R
603, otherwise known as the Child and Youth Welfare Code, and for Other Purposes", administratively declaring that a child is legall
ears of age or over who is unable to fully take care of herself or himself or protect herself or himself from abuse, neglect, cruelty, exp

in the record of birth that a child was born to a person who is not such child’s biological mother, causing the loss of the true identity an

l welfare and development office, which serves as the frontline of a city or municipal government in the delivery of social welfare and

ARTICLE II
RECTIFICATION OF SIMULATED BIRTHS

, a person or persons who, prior to the effectivity of this Act, simulated the birth of a child, and those who cooperated in the execution
considered and treated by such person or persons as her, his, or their own daughter or son: Provided, further, That such person or p
his Act shall also apply to adult adoptees.

child under the conditions provided under Section 4 of this Act may avail of administrative proceedings for the adoption and rectificati
he child legally available for adoption (CDCLAA) is issued by the DSWD in favor of such child.

nd rectification of simulated births under this Act cannot be used as evidence against those who simulated the birth of a child or who c

ARTICLE III
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE ADOPTION

ily.

pino, the foreign national must have been residing in the Philippines for at least three (3) continuous years prior to the filing of the peti

old approval of the adoption, the written consent of the following shall be required:
adopter and adoptee, if any;

ng with said adopter and the latter’s spouse, if any; and

ARTICLE IV
ADMINISTRATIVE ADOPTION PROCEDURE

d shall be in the form of an affidavit and shall be subscribed and sworn to by the petitioner or petitioners before any person authorized
be supported by the following:

petitioners is a resident or are residents of the barangay, and that the child has been living with the petitioner or petitioners for at lea

where the child resides, attesting that the child has been living with the petitioner for at least three (3) years prior to the effectivity of th

months prior to the filing of the petition.

n the fourth degree of consanguinity or affinity.

lopment Officer (SWDO) of the city or municipality where the child resides. The SWDO shall have seven (7) days to examine the pet
o the petitioner with a written explanation of its insufficiency. If the SWDO finds the petition sufficient in form and substance, the SWD

mendation on the petition not later than thirty (30) days from receipt thereof. The Regional Director may require the petitioner to subm
on hand.

copy of the petition and supporting documents.

tion of the Regional Director.

nterest of the child, an order of adoption shall be issued which shall take effect on the date the petition was filed with the Office of the

the:

e child or the issuance of a foundling certificate; and

ion issued pursuant to Republic Act No. 8552, otherwise known as the "Domestic Adoption Act of 1998".

e concerned DSWD Regional Office, which shall in turn provide copies to the petitioners, the concerned agencies and the appropriate
 ance of a new rectified certificate of birth in its place. The rectified birth certificate bearing the names of the biological parents of the c
e Local Civil Registrar shall record, register, and issue a new certificate of birth which shall not bear any notation that it is a new or am

Local Civil Registrar may charge socialized fees to those who avail of the administrative adoption proceedings under this Act. Fees s

ption proceedings in the files of the city or municipal SWDOs, the DSWD central and field offices, or any other agency or institution p

case of a minor adoptee, her or his guardian. 1âwphi1

ARTICLE V
EFFECTS OF ADMINISTRATIVE ADOPTION

for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate daughters or sons bo

ies between the biological parents and the adoptee shall be severed and the same shall then be vested in the adopter.

procal rights of succession without distinction from legitimate filiation. However, if the adoptee and her or his biological parents left a w

ARTICLE VI
RESCISSION OF ADMINISTRATIVE ADOPTION

nicipal SWDO or the DSWD if a minor or if over eighteen (18) years of age but is incapacitated, the adoption may be rescinded on an

adoptee.

er, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

d under Section 10 of this Act shall apply to the rescission of administrative adoption: Provided, That the concerned SWDO, Regional

hich shall in turn provide copies to the petitioner, the concerned agencies and the concerned local civil registrar. Thereafter, the conce
e, as the case may be.

he Secretary, the parental authority of the adoptee’s biological parents, if known, shall be restored if the adoptee is still a minor or inc

nistrative rescission. Vested rights acquired prior to administrative rescission shall be respected.

der the Revised Penal Code if the criminal acts are proven.
 ARTICLE VII
VIOLATIONS AND PENALTIES

1) day to twelve (12) years and/or a fine not less than Two hundred thousand pesos (₱200,000.00) at the discretion of the court shall

material inducement, or other similar acts;

or

ARTICLE VIII
FINAL PROVISIONS

and Local Government (DILG), the Department of Education (DepEd), the Department of Health (DOH), various national leagues of l

the DILG, the Department of Justice (DOJ), and the CWC, together with representatives from the Association of Local Civil Registrars

decrees, letters of instruction, executive issuances, resolutions, orders or parts thereof which are inconsistent with the provisions of t

d, the remaining parts or provisions not affected shall remain in full force and effect.

ette or in a newspaper of general circulation.

e of Representatives and the Senate on December 12, 2018 and December 13, 2018, respectively.
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