Type of Adoption:

a) Regular or Agency Adoption – a type of adoption bringing together the prospective adoptive parent/s and a child declared as legally available for adoption through a judicious pairing or matching process.

b) Relative adoption is a type of adoption where the biological parent/s make a direct placement of the child to a relative or a family member within the 4th degree of consanguinity.

Applications for direct placement of children are also being received by the Department.

Direct Placement is when the biological parent/s make a direct placement of the child either to a relative beyond the 4th degree of consanguinity or to a non-relative. The law requires the legalization of adoption of children who were placed directly to an individual or a family considering the best interest of the child.

Requirements

1. Authenticated birth certificate

2. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal Separation documents;

3. Written consent to the adoption by the legitimate and adopted sons/daughters, and illegitimate sons/daughters if living with the applicant, who are at least ten (10) years old;

4. Physical and medical evaluation by a duly licensed physician and when appropriate, psychological evaluation;

5. NBI/Police Clearance

6. Latest income tax return or any other documents showing financial capability, e.g. Certificate of Employment, Bank Certificate or Statement of Assets and Liabilities;

7. Three (3) character references, namely from the local church/minister, the employer, and a non-relative member of the immediate community who have known the applicant(s) for at least three (3) years;

8. 3×5 sized pictures of the applicant(s) and his/her immediate family taken within the last three (3) months;

9. Certificate of attendance to pre-adoption fora or seminars.

In addition, foreign nationals shall submit the following:

10. Certification that the applicant(s) have legal capacity to adopt in his/her country and that his/her country has a policy, or is a signatory of an international agreement, which allows a child adopted in the Philippines by its national to enter his/her country and permanently reside therein as his/her legitimate child which may be issued by his/her country’s diplomatic or consular office or central authority n intercountry adoption or any government agency which has jurisdiction over child and family matters; or in the absence of any of the foregoing, the Philippine Intercountry Adoption Board may also certify that the Philippines and the applicants’ country have an existing agreement or arrangement on intercountry adoption whereby a child who has been adopted in the Philippines or has a pre-adoption placement approved by the Board is allowed to enter and remain as permanent resident in the applicant’s country as his/her legitimate child.

11. Certificate of Residence in the Philippines issued by the Bureau of Immigration or Department of Foreign Affairs, as appropriate;

12. Two (2) character references from a non-relatives who knew the applicant(s) in the country of which he/she is a citizen or was a resident prior to residing in the Philippines, except for those who have resided in the Philippines for more than fifteen (15) years;

13. Police Clearance from all places of residence in the past two years immediately prior to residing in the Philippines.

Q: What is Republic Act 8552?

A: Republic Act 8552- this act shall be known as the Domestic Adoption Act of 1998.

Q: What is Republic Act 9523?

A: Republic Act 9523 – An act requiring the Certification of the Department of Social Welfare and Development (DSWD) to declare a “Child Legally Available for Adoption” as a pre-requisite for adoption proceedings, amending for this purpose certain provision of Republic Act 8552, otherwise known as the Domestic Adoption Act of 1998, Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of 1995, Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, and for other purposes.

Q: What is Republic Act 10165?

A: Republic Act 10165 – An act to strengthen and propagate foster care for abused, abandoned, neglected and other children with special needs, providing appropriations therefor and for other purpose.

Q: What is adoption?

A: Adoption is defined as a socio-legal process of providing a permanent family to a child whose parents have voluntarily or involuntarily relinquished parental authority over the child.

Q: What is Foster Care?

A: Foster Care – refers to the provision of planned temporary substitute parental care to a child by a foster parent.

Q: What is Legal Guardianship

A: Legal Guardianship – shall refer to a person appointed by the court to represent and protect the interest of a child in legal actions.

Q: What are the important provisions of RA 11222 or the “Simulate Birth Rectification Act of 2019”.

Answer:

Simulation of birth record refers to the tampering of the civil registry to make it appear 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 and status of such child.

Salient Features of the law and its IRR:

  • Granting the amnesty and allow the rectification of the simulated birth of a child to exempt from criminal, civil and administrative liability those who simulated the birth 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 simulated birth record is filed within 10 years from the effectivity of the law;
  • Provide for and allow a simpler and less costly administrative adoption proceeding and administrative rectification of the simulated birth record of such child;
  • This law also applies to adult adoptees
  • Foreigners could not avail of the provisions of the law EXCEPT when married to a Filipino and qualified under the law.
  • PAPs who are not the parents named in the simulated BC of the child could not file a Petition for Administrative Adoption under the Act.
  • There is mandatory appearance by the petitioner and the child before the DSWD Regional Director. The purpose is to personally determine the identity of the parties and motivation to adopt before he recommends to the Secretary.
  • There is a transitory provision that allows the petitioner to either withdraw the pending case in court and file it with the Department or continue with the judicial proceedings. 
  • Provision of Pre and Post Adoption Services to the Petitioner, Child and Birthparents, if available
  • Conduct of Case Study Report by the DSWD Field Office Social Worker

QUALIFICATIONS:

  • The child has been living with the person or persons who simulated her or his birth record for at least 3 years before the effectivity of this law;
  • The simulation was made for the best interest of the child;
  • Such child has been consistently considered and treated by the person or persons who simulated such birth as her, his or their own daughter or son;
  • A Certification Declaring the child legally available for adoption (CDCLAA) is issued by the DSWD in favor of such child (except if the adoptee is an adult or a relative of the adopter within 4th degree)
  • Adopters must be a Filipino citizen, of legal age, possess full civil capacity and legal rights, of good moral character, not convicted of any crime involving moral turpitude; emotionally and psychologically capable of caring for children and in a position to support and care for the child in keeping with the means of the family.

Requirements, procedures and safeguards provided by the law

REQUIREMENTS:

  • Petition for Adoption with an application for rectification of simulated birth record shall be in the form of an affidavit subscribed and sworn to by the petitioner/s before any person authorized by law to administer affirmation and oaths, along with the following requirements:
    • Copy of simulated birth record
    • Affidavit of admission if the simulation of birth was done by a third person
    • Bgy. Certificate attesting that petitioner/s who are living with the child for at least 3 years prior to this Act are residents of the said Bgy 
    • Affidavit of at least 2 disinterested persons
    • CDCLAA issued by DSWD, as applicable
    • Photographs of both the child and petitioners within the last 3 months prior to filing the petition.

PROCEDURE:

  • File the petition in the Social Welfare and Development Office (SWDO) where the child and adopter/s reside
  • SWDO examines the petition (7 days)
  • SWDO endorses the petition with COMPLETE requirements to the DSWD-Field Office (3 days)
  • DSWD Regional Director reviews the petition and prepares recommendation (30 days)
  • DSWD-FO endorses the petition to the DSWD Secretary at the Central Office
  • Secretary acts and decides on the petition and issues the Order of Adoption (30 days)
  • DSWD-CO transmits the Order of Adoption back to the concerned DSWD Regional Office
  • DSWD Field Office provides copies of the Order of Adoption to the petitioners, concerned LGU, PSA and local civil registrar (LCR) (1 day)
  • The LCR stamps the simulated birth record “cancelled” with an annotation of the issuance of a rectified certificate of birth.  Rectified birth record is cancelled and sealed in the civil registry records
  • The LCR records, registers and issues a new certificate of birth without any notation
  • The LCR endorses the new certificate of live birth to the PSA

FEES:

The SWDO, DSWD Field Office and the LCR may charge socialized fees of P1,000.00 to those who avail of the administrative adoption proceedings, but can be waived if the petitioner is indigent.

Punishment for non-compliance of the law

VIOLATIONS AND PENALTIES:

  • Imprisonment of 6 to 12 years and/or fine of P200,000.00 shall be imposed for the following acts:
    • Consent for adoption was obtained through coercion, undue influence, fraud, improper material inducement, or other similar acts;
    • Noncompliance with the procedures
    • Exposing the child to be adopted to danger, abuse or exploitation