Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled.
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be
known as the "Domestic Adoption Act of 1998."
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 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.
(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 Reference to Foster Placement and
Adoption, Nationally and Internationally; and the Hague Convention on the
Protection of Children and Cooperation in Respect of Intercountry Adoption.
Toward this end, the State shall provide alternative protection and assistance
through foster care or adoption for every child who is neglected, orphaned, or
abandoned.
(c) It shall also be a State policy to:
(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.
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 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 take
steps for the permanent placement of the child;
(iv) Conduct public
information and educational campaigns to promote a positive environment for
adoption;
(v) Ensure that
sufficient capacity exists within government and private sector agencies to
handle adoption inquiries, process domestic adoption applications, and offer
adoption-related services including, but not limited to, parent 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:
(a) "Child" is a person below eighteen (18) years
of age.
(b) "A child legally available for
adoption" refers to a
child who has been voluntarily or involuntarily committed to the Department or
to a duly licensed and accredited child-placing or child-caring agency, freed
of the parental authority of his/her biological parent(s) or guardian or
adopter(s) in case of rescission of adoption.
(c) "Voluntarily committed
child" is one whose
parent(s) knowingly and willingly relinquishes parental authority to the
Department.
(d) "Involuntarily committed
child" is one whose parent(s),
known or unknown, has been permanently and judicially deprived of parental
authority due to 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.
(f) "Supervised trial
custody" is a period of
time within which a social worker oversees the adjustment and emotional
readiness of both adopter(s) and adoptee in stabilizing their filial
relationship.
(g) "Department" refers to the Department of Social
Welfare and Development.
(h) "Child-placing agency" is a duly licensed and accredited
agency by the Department to provide comprehensive child welfare services
including, but not limited to, receiving applications for adoption, evaluating
the prospective adoptive parents, and preparing the adoption home study.
(i) "Child-caring
agency" is a duly
licensed and accredited agency by the Department that provides twenty four
(24)-hour residential care services for abandoned, orphaned, neglected, or
voluntarily committed children.
(j) "Simulation of
birth" is the tampering
of the civil registry making it appear in the birth records 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.
ARTICLE II
PRE-ADOPTION SERVICES
Section 4. Counseling
Service. – The Department shall provide the services of
licensed social workers to the following:
(a) Biological Parent(s) – Counseling shall be provided to the
parent(s) before and after the 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
offered to the biological parent(s) after he/she has relinquished his/her child
for adoption.
Steps shall be taken
by the Department to ensure that no hurried decisions are made and all
alternatives for the child's future and the implications of each alternative
have been provided.
(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora
and seminars, among others, shall be provided to prospective adoptive parent(s)
to resolve possible adoption issues and to prepare him/her for effective
parenting.
(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.
Section 5. Location of
Unknown Parent(s). – It shall be the duty of the Department or the
child-placing or child-caring agency which has custody of the child to exert
all efforts to locate his/her unknown 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.
Section 6. Support
Services. – The Department shall develop a pre-adoption
program which shall include, among others, the above mentioned services.
ARTICLE III
ELIGIBILITY
Section 7. Who May
Adopt. – The following may adopt:
(a) Any Filipino
citizen of legal age, in possession of full civil capacity and legal rights, of
good moral character, has not been convicted of any crime involving moral
turpitude, emotionally and psychologically capable of 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 adopter is the biological parent of the
adoptee, or is the spouse of the adoptee's parent;
(b) Any alien
possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country
has diplomatic relations with the Republic of the Philippines, that he/she has
been living in the Philippines for at least three (3) continuous years prior to
the filing of the application for adoption and maintains such residence until
the adoption decree is entered, that he/she has been certified by his/her
diplomatic or consular office or any appropriate government agency that he/she
has the legal capacity to adopt in his/her country, and that his/her government
allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be
waived for the following:
(i) a former Filipino
citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to
adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is
married to a Filipino citizen and seeks to adopt jointly with his/her spouse a
relative within the fourth (4th) 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:
(i) if one spouse
seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse
seeks to adopt his/her own illegitimate son/daughter: Provided, However, that
the other spouse has signified his/her consent thereto; or
(iii) if the spouses
are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the
illegitimate son/daughter of the other, joint parental authority shall be
exercised by the spouses.
Section 8. Who May Be
Adopted. – The following may be adopted:
(a) Any person below
eighteen (18) years of age who has been administratively or judicially declared
available for adoption;
(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
treated by the adopter(s) as his/her own child since minority;
(e) A child whose adoption
has been previously 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. Whose
Consent is Necessary to the Adoption. – After being
properly counseled and informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the following to the adoption
is hereby required:
(a) The adoptee, if
ten (10) years of age or over;
(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;
(d) The illegitimate
sons/daughters, ten (10) years of 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 be adopted.
ARTICLE IV
Section 10. Hurried
Decisions. – In all proceedings for adoption, the court shall
require proof that the biological parent(s) has been properly counseled to
prevent him/her from making hurried decisions caused by strain or anxiety to
give up the child, and to sustain that all measures to strengthen the family
have been exhausted and that any prolonged stay of the child in his/her own
home will be inimical to his/her welfare and interest.
Section 11. Case Study. – No petition for
adoption shall be set for 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
registered name of the adoptee. If the birth of the adoptee was not registered
with the Civil Registry, it shall be the responsibility of the concerned social
worker to ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available
for adoption and that the documents to support this fact are valid and
authentic. Further, the case study of the adopter(s) shall ascertain his/her
genuine intentions and that the adoption is in the best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds,
after the conduct of the case studies, that the petition should be denied. The
case studies and other relevant documents and records pertaining to the adoptee
and the adoption shall be preserved by the Department.
Section 12. Supervised
Trial Custody. – No petition for adoption 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 adopter(s),
he/she must complete the six (6)-month trial custody except for those
enumerated in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the
prospective adopter(s) through a pre-adoption placement authority issued by the
Department, the prospective adopter(s) shall enjoy all the benefits to which
biological parent(s) is entitled from the date the adoptee is placed with the
prospective adopter(s).
Section 13. Decree of
Adoption. – If, after the publication of the order of hearing has been complied
with, and no opposition has been interposed to the petition, and after
consideration of the case studies, the qualifications of the adopter(s), trial
custody report and the evidence submitted, the court is convinced that the
petitioners are qualified to adopt, and that the adoption would redound to the
best interest of the adoptee, a decree of adoption shall be entered which 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.
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 the
issuance of an amended birth certificate in its place and shall be sealed in
the civil registry records. The new birth certificate to be issued to the
adoptee shall not bear any notation that it is an amended issue.
Section 15. Confidential
Nature of Proceedings and Records. – All hearings in adoption
cases shall be confidential and shall not be open to the public. All records,
books, and papers relating to the adoption cases in the files of the court, the
Department, or any other agency or institution participating in the adoption
proceedings shall be kept strictly confidential.
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.
ARTICLE V
EFFECTS OF ADOPTION
Section 16. Parental
Authority. – Except in cases where the biological parent is
the spouse of the adopter, all legal ties between the biological parent(s) and
the adoptee shall be severed and the same shall then be vested on the
adopter(s).
Section 17. Legitimacy. – The adoptee shall be
considered the legitimate son/daughter of the adopter(s) for all intents and
purposes and as such is entitled to all the rights and obligations provided by
law to legitimate sons/daughters born to them without discrimination of any kind.
To this end, the adoptee is entitled to love, guidance, and support in keeping
with the means of the family.
Section 18. Succession. – In legal and
intestate succession, the adopter(s) and the adoptee shall have reciprocal
rights of succession without distinction from legitimate filiation. However, if
the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern.
ARTICLE VI
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 following grounds committed by the
adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s)
despite having undergone counseling; (b) attempt on the life of the adoptee;
(c) sexual assault or violence; or (d) abandonment and failure to comply with
parental obligations.
Adoption, being in the best interest of the child, shall not be subject
to rescission by the adopter(s). However, the adopter(s) may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.
Section 20. Effects of
Rescission. – If the petition is granted, the parental
authority of the adoptee's biological parent(s), if known, or the legal custody
of the Department shall be restored if the adoptee is still a minor or
incapacitated. The reciprocal rights and obligations of the adopter(s) and the
adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended
certificate of birth of the adoptee and restore his/her original birth
certificate.
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.
All the foregoing effects of rescission of adoption shall be without
prejudice to the penalties imposable under the Penal Code if the criminal acts
are properly proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
Section 21. Violations
and Penalties. – (a) The penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years
and/or a fine not less than Fifty thousand pesos (P50,000.00), but not more
than Two hundred thousand pesos (P200,000.00) at the discretion of the court
shall be imposed on any person who shall commit any of the following acts:
(i) obtaining consent
for an adoption through coercion, undue influence, fraud, improper material
inducement, or other similar acts;
(ii) non-compliance
with the procedures and safeguards provided by the law for adoption; or
(iii) subjecting or
exposing the child to be adopted to danger, abuse, or exploitation.
(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 by
prision mayor in its medium period and a fine not exceeding Fifty thousand
pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of
his/her oath of office, shall cooperate in the execution of the abovementioned
crime shall suffer the penalties herein prescribed and also the penalty of
permanent disqualification.
Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents, and communications of
adoption applications, cases, and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or
a fine of not less than Five thousand pesos (P5,000.00) but not more than Ten
thousand pesos (P10,000.00), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the
consummated offense under this Article shall be imposed upon the principals of
the attempt to commit any of the acts herein enumerated. Acts punishable under
this Article, when committed by a syndicate or where it involves two (2) or
more children shall be considered as an offense constituting child trafficking
and shall merit the penalty of reclusion
perpetua.
Acts punishable under this Article are deemed committed by a syndicate
if carried out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any of the unlawful acts defined
under this Article. 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.
When the offender is an alien, he/she shall be deported immediately
after service of sentence and perpetually excluded from entry to the country.
Any government official, employee or functionary who shall be found
guilty of violating any of the provisions of this Act, or who shall conspire
with private individuals shall, in addition to the above-prescribed penalties,
be penalized in accordance with existing civil 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 suspension until the resolution of the case.
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 be punished for such act: Provided, That the simulation
of birth was made for the best interest of the child and that he/she has been
consistently considered and treated by that person as his/her own son/daughter: Provided, further, That the application for correction of
the birth registration and petition for adoption shall be filed within five (5)
years from the effectivity of this Act and completed thereafter: Provided, finally, That such person complies with the
procedure as specified in Article IV of this Act and other requirements as
determined by the Department.
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, number, and flow of children legally available for adoption
and prospective adopter(s) so as to facilitate their matching; (b) maintain a
nationwide information and educational campaign on domestic adoption; (c) keep
records of adoption proceedings; (d) generate resources to help child-caring
and child-placing agencies and foster homes maintain viability; and (e) do
policy research in collaboration with the Intercountry Adoption Board and other
concerned agencies. The office shall be manned by adoption experts from the
public and private sectors.
Section 24. Implementing
Rules and Regulations. – Within six (6) 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 child-caring 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.
Section 28. Effectivity
Clause. – This Act shall take effect fifteen (15) days following its complete
publication in any newspaper of general circulation or in the Official Gazette.
Approved: February 25, 1998
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