Adoption Ras and Am

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RULE 99

Adoption and Custody of Minors

Section 1. Venue. A person desiring to adopt another or have the custody of a minor shall present his petition to the Court of

First Instance of the province, or the municipal or justice of the peace court of the city or municipality in which he resides.

In the City of Manila, the proceedings shall be instituted in the Juvenile and Domestic Relations Court.

Section 2. Contents of petition.

The petition for adoption shall contain the same allegations required in a petition for

guardianship, to wit:

(a) The jurisdictional facts;

(b) The qualification of the adopter;

(c) That the adopter is not disqualified by law;

(d) The name, age, and residence of the person to be adopted and of his relatives of the persons who have him under their care;

(e) The probable value and character of the estate of the person to be adopted.

Section 3. Consent of adoption. There shall be filed with the petition a written consent to the adoption signed by the child, if

fourteen years of age or over and not incompetent, and by the child's spouse, if any, and by each of its known living parents who is

not insane or hopelessly intemperate or has not abandoned such child, or if there is no such parents by the general guardian or

guardian ad litem of the child, or if the child is in the custody of an orphan asylum, children's home, or benevolent society or

person, by the proper officer of such asylum, home, or society, or by such person; but if the child is illegitimate and has not beenrecognized, the consent of its father to the adoption shall not be required.

If the person to be adopted is of age, only his or her consent and that of the spouse, if any, shall be required.

Section 4. Order for hearing. If the petition and consent filed are sufficient in form and substance, the court, by an order

reciting the purpose of the petition, shall fix a date and place for the hearing thereof, which shall not be more than six (6) months

after the entry of the order, and shall direct that a copy of the order be published before the hearing at least once a week for three

(3) successive weeks in some newspaper of general circulation published in the province, as the court shall deem best.

Section 5. Hearing and judgment. Upon satisfactory proof in open court on the date fixed in the order that such order has been

published as directed, that the allegations of petition are true, and that it is a proper case for adoption and the petitioner or

petitioners are able to bring up and educate the child properly, the court shall adjudge that thenceforth the child is free from all

legal obligations of obedience and maintenance with respect to its natural parents, except the mother when the child is adopted byher husband, and is, to all legal intents and purposes, the child of the petitioner or petitioners, and that its surname is changed to

that the petitioner or petitioners. The adopted person or child shall thereupon become the legal heir of his parents by adoption and

shall also remain the legal heir of his natural parents. In case of the death of the adopted person or child, his parents and relatives

by nature, and not by adoption, shall be his legal heirs.

Section 6. Proceedings as to the chi ld whose parents are separated. Appeal. When husband and wife are divorce or living

separately and apart from each other, and the question as to the care, custody, and control of a child or children of their marriage is

brought before a Court of First Instance by petition or as an incident to any other proceeding, the court, upon hearing the testimony

as may be pertinent, shall award the care, custody, and control of each such child as will be for its best interest, permitting the

child to choose which parent it prefers to live with if it be over ten years of age, unless the parent so chosen be unfit to take charge

of the child by the reason of moral depravity, habitual drunkenness, incapacity, or poverty. If, upon such hearing, it appears that

both parents are improper persons to have the care, custody, and control of the child, the court may either designate the paternal or

maternal grandparent of the child, or his oldest brother or sister, or some reputable and discreet person to take charge of such child,or commit it to any suitable asylum, children's home, or benevolent society. The court may in conformity with the provisions of

the Civil Code order either or both parents to support or help support said child, irrespective of who may be its custodian, and may

make any order that is just and reasonable permitting the parent who is deprived of its care and custody to visit the child or have

temporary custody thereof. Either parent may appeal from an order made in accordance with the provisions of this section. No

child under seven years of age shall be separated from its mother, unless the court finds there are compelling reasons thereof.

Section 7. Proceedings as to vagrant or abused chi ld. When the parents of any minor child are dead, or by reason of long

absence or legal or physical disability have abandoned it, or cannot support it through vagrancy, negligence, or misconduct, or

neglect or refuse to support it, or treat it with excessive harshness or give it corrupting orders, counsels, or examples, or cause or

allow it to engage in begging, or to commit offenses against the law, the proper Court of First Instance, upon petition filed by

some reputable resident of the province setting forth the facts, may issue an order requiring such parents to show cause, or, if the


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parents are dead or cannot be found, requiring the fiscal of the province to show cause, at a time and place fixed in the order, why

the child should not be taken from its parents, if living; and if upon the hearing it appears that the allegations of the petition are

true, and that it is order taking it from its parents, if living; and committing it to any suitable orphan asylum, children's home, or

benevolent society or person to be ultimately placed, by adoption or otherwise, in a home found for it by such asylum, childr en's

home, society, or person.

Section 8. Servi ce of j udgment. Final orders or judgments under this rule shall be served by the clerk upon the civil registrar of

the city or municipality wherein the court issuing the same is situated.

RULE 100

Rescission and Revocation of Adoption

Section 1. Who may fil e petiti on; grounds. A minor or other incapacitated person may, through a guardian or guardian ad

litem, petition for the rescission or revocation of his or her adoption for the same causes that authorize the deprivation of parental

authority.

The adopter may, likewise, petition the court for the rescission of revocation of the adoption in any of these cases:

(a) If the adopted person has attempted against the file of the adopter;

(b) When the adopted minor has abandoned the home of the adopter for more than three (3) years;

(c) When by other acts the adopted person has repudiated the adoption.

Section 2. Order to answer. The court in which the petition is filed shall issue an order requiring the adverse party to answer

the petition within fifteen (15) days from receipt of a copy thereof. The order and a copy of the petition shall be served on the

adverse party in such manner as the court may direct

Section 3. Judgment. If upon trial, on the day set therefor, the court finds that the allegations of the petition are true, it shall

render judgment ordering the rescission or revocation of the adoption, with or without costs, as justice requires.

Section 4. Service of Judgment. A certified copy of the judgment rendered in accordance with the next preceding section shall

be served upon the civil registrar concerned, within thirty (30) days from rendition thereof, who shall forthwith enter the action

taken by the court in the register.

Section 5. Time within which to f ile petition. A minor or other incapacitated person must file the petition for rescission or

revocation of adoption within the five (5) years following his majority, or if he was incompetent at the time of the adoption, within

the five (5) years following the recovery from such incompetency.

The adopter must also file the petition to set aside the adoption within five (5) years from the time the cause or causes giving rise

to the rescission or revocation of the same took place.


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Republic Act No. 8552 February 25, 1998

AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO

CHILDREN AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

ARTICLE I GENERAL PROVISIONS

Section 1. Short Titl e.This Act shall be known as the "Domestic Adoption Act of 1998."

Section 2. Declaration of Poli cies.(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 takesteps 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. Definiti on 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


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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. Counseli ng 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;


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(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 Adopt ion.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;


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(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 PROCEDURE

Section 10. Hurr ied 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 tosustain 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 thisfact 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. Supervi sed Tr ial 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 theinterest 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 theRules

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. Confi dential 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.
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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 thefollowing 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 theCivil Code.

Section 20. Ef fects 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. Violati ons and Penal ties.(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
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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. Rectif ication of Simulated Bi rths.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 Of fi ce. 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. Repeali ng 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. Separabi li ty Clause.If any provision of this Act is held invalid or unconstitutional, the other provisions not affected

thereby shall remain valid and subsisting.


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Section 28. Ef fectivity 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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REPUBLIC ACT NO. 8043

AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN,

AND FOR OTHER PURPOSES.

ARTICLE I GENERAL PROVISIONS

Section 1. Short Title.

This Act shall be known as the "I nter-Countr y Adoption Act of 1995."

Sec. 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 end,

efforts shall be exerted to place the child with an adoptive family in the Philippines. However, recognizing that inter-country

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.

Sec. 3. Definition of Terms.As used in this Act. the term:

(a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen

permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption isissued outside the Philippines.

.

(b) Child means a person below fifteen (15) years of age unless sooner emancipated by law.

(c) Department refers to the Department of Social Welfare and Development of the Republic of the Philippines.

(d) Secretary refers to the Secretary of the Department of Social Welfare and Development.

(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 Department.

(f) Legally-free child means a child who has been voluntarily or involuntarily committed to the Department, in accordance with

theChild 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

THE INTER-COUNTRY ADOPTION BOARDSec. 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 body for

purposes of carrying out the provisions of this Act, in consultation and coordination with the Department, the different child-care

and placement agencies, adoptive agencies, as well as non-governmental organizations engaged in child-care and placement

activities. As such, it shall:

(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;

.

(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 improper practices contrary to this Act;
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(e) Promote the development of adoption services including post-legal adoption;

(f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino children;

(g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own country; and

(h) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency involved from the

accreditation list of the Board upon a finding of violation of any provision under this Act.

Sec. 5. Composition of the Board. The Board shall be composed of the Secretary of the Department as ex 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, two (2) lawyers who shall have at least the qualifications of a regional trial court

judge, one (1) registered social worker and two (2) representatives from non-governmental organizations engaged in child-caring

and placement activities. The members of the Board shall receive a per diem allowance of One thousand five hundred pesos

(P1,500) for each meeting attended by them: Provided, further, That no compensation shall be paid for more than four (4)

meetings a month..

.

Sec. 6. Powers and Functions of the Board. The Board shall have the following powers and functions:

(a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act, after consultation

and upon favorable recommendation of the different agencies concerned with the child-caring, placement, and adoption;

.

(b) to set the guidelines for the convening of an Inter-country Adoption Placement Committee which shall be under the directsupervision of the Board;

(c) to set the guidelines for the manner by which selection/matching of prospective adoptive parents and adoptive child can be

made;

(d) to determine a reasonable schedule of fees and charges to be exacted in connection with the application for adoption;

(e) to determine the form and contents of the application for inter-country adoption;

(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;

(h) to promote the development of adoption services, including post-legal adoption services,

(i) to accredit and authorize foreign private adoption agencies which have demonstrated professionalism, competence and have

consistently pursued non-profit objectives to engage in the placement of Filipino children in their own country: Provided, That

such foreign private agencies are duly authorized and accredited by their own government to conduct inter-country adoption:

Provided, however, That the total number of authorized and accredited foreign private adoption agencies shall not exceed one

hundred (100) a year;

(j) to take appropriate measures to ensure confidentiality of the records of the child, the natural parents and the adoptive parents at

all times;

(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 organizations and recognized international non-governmental organizations;

(l) to assist other concerned agencies and the courts in the implementation of this Act, particularly as regards coordination with

foreign persons, agencies and other entities involved in the process of adoption and the physical transfer of the child; and

(m) to perform such other functions on matters relating to inter-country adoption as may be determined by the President.

ARTICLE III

PROCEDURE


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Sec. 7. Inter-Country Adoption as the Last Resort. The Board shall ensure that all possibilities for adoption of the child

under theFamily Code have been exhausted and that inter-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..

Sec. 8. Who May be Adopted. Only a legally free child may be the subject of inter-country adoption. In order that such child

may be considered for placement, the following documents must be submitted to the Board:

(a)Child study;

(b)Birth certificate/foundling certificate;

(c)Deed of voluntary commitment/decree of abandonment/death certificate of parents;

(d)Medical evaluation /history;

(e)Psychological evaluation, as necessary; and

(f)Recent photo of the child.

Sec. 9. Who May Adopt. An alien or a Filipino citizen permanently residing abroad may file an application for inter-country

adoption of a Filipino child if he/she:

(a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of

application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent:

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

(c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has

undergone the appropriate counseling from an accredited counselor in his/her country;

(d) has not been convicted of a crime involving moral turpitude;.

(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 values and example to all his children,

including the child to be adopted;

(g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights of the

Child, and to abide by the rules and regulations issued to implement the provisions of this Act;

(h) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly

authorized and accredited agency and that adoption is allowed under his/her national laws; and

(i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws.

Sec. 10. Where to File Application. An application to adopt a Filipino child shall be filed either with the Philippine Regional

Trial Court having jurisdiction over the child, or with the Board, through an intermediate agency, whether governmental or anauthorized and accredited agency, in the country of the prospective adoptive parents, which application shall be in accordance with

the requirements as set forth in the implementing rules and regulations to be promulgated by the Board.

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 children above ten (10) years of age, in the form of sworn statement;

(d) Physical, medical and psychological evaluation by a duly licensed physician and psychologist;

(e) Income tax returns or any document showing the financial capability of the applicant(s);

(f) Police clearance of applicant(s);

(g) Character reference from the local church/minister, the applicant's employer and a member of the immediate community who

have known the applicant(s) for at least five (5) years; and(h) Recent postcard-size pictures of the applicant(s) and his immediate family;

TheRules of Court shall apply in case of adoption by judicial proceedings.

Sec. 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 authorized

and accredited inter-country adoption agency and all the travel documents of the child are ready, the adoptive parents, or any one

of them, shall personally fetch the child in the Philippines..

Sec. 12. Pre-adoptive Placement Costs. The applicant(s) shall bear the following costs incidental to the placement of the
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child;

(a) The cost of bringing the child from the Philippines to the residence of the applicant(s) abroad, including all travel expenses

within the Philippines and abroad; and

(b) The cost of passport, visa, medical examination and psychological evaluation required, and other related expenses.

Sec. 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.

Sec. 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 and other related services. The trial custody shall be for a period of six (6) months

from the time of placement. Only after the lapse 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 to the governmental agency or the authorized and accredited agency,

which shall in turn transmit a copy to the Board, a progress report of the child's adjustment. The progress report shall be taken into

consideration in deciding whether or not to issue the decree of adoption.

The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial custody are monitored and

checked as reported by the authorized and accredited inter-country adoption agency as well as the repatriation to the Philippines of

a Filipino child whose adoption has not been approved.

Sec. 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 s aid

countries in upholding the safeguards provided by this Act.

ARTICLE IV PENALTIES

Sec. 16. Penalties. (a) Any person who shall 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 than Fifty thousand pesos (P50,000), but not more than Two hundred thousand pesos

(P200.000), at the discretion of the court. For purposes of this Act, an adoption is illegal if it is effected in any manner contrary to

the provisions of this Act or established State policies, its implementing rules and regulations, executive agreements, and other

laws pertaining to adoption. Illegality may be presumed from the following acts:

(1)consent for an adoption was acquired through, or attended by coercion, fraud, improper material inducement;

(2)there is no authority from the Board to effect adoption;

(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 to danger, abuse and exploitation.

(b)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), but not more than Ten thousand

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

A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article shall be imposed upon theprincipals 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 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..


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Sec. 17. Public Officers as Offenders. 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.

ARTICLE V FINAL PROVISIONS

Sec. 18. Implementing Rules and Regulations.

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

Sec. 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 the General

Appropriations Act for the year following its enactment.

Sec. 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.

Sec. 21. Repealing Clause.

Any law, decree, executive order, administrative order or rules and regulations contrary to, orinconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly..

Sec. 22. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general

circulation.

Approved:June 7, 1995


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RULE ON ADOPTION [A.m. No. 02-6-02-SC 2002-08-02]

A. DOMESTIC ADOPTION

Section 1. Appli cabil ity of the Rule.This Rule covers the domestic adoption of Filipino children.

Sec. 2. Objectives. (a) The best interests of the child shall be the paramount consideration in all matters relating to his care,

custody and adoption, in accordance with Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UNDeclaration 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 Inter-country Adoption.

(b) The State shall provide alternative protection and assistance through foster care or adoption for every child who is a foundling,

neglected, orphaned, or abandoned. To this end, the State shall:

(i) (i) ensure that every child remains under the care and custody of his parents and is provided with love, care, understanding and

security for the full and harmonious development of his personality. Only when such efforts prove insufficient and no appropriate

placement or adoption within the childs extended family is available shall adoption by an unrelated person be considered.

(ii) safeguard the biological parents from making hasty decisions in relinquishing their parental authority over their child;

(iii) (iii) prevent the child from unnecessary separation from his biological parents;

(iv) conduct public information and educational campaigns to promote a positive environment for adoption;

(v) ensure that government and private sector agencies have the capacity 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;

(vi) encourage domestic adoption so as to preserve the childs identity and culture in his native land, and only when this is not

available shall inter-country adoption be considered as a last resort; and

(vii) protect adoptive parents from attempts to disturb their parental authority and custody over their 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 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.

Sec. 3. Definiti on of Terms.For purposes of this Rule:

(a) (a) Childis a person below eighteen (18) years of age at the time of the filing of the petition for adoption.

(b) (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

biological parents, or in case of rescission of adoption, his guardian or adopter(s).

(c) (c) Voluntarily committed childis one whose parents knowingly and willingly relinquish parental authority over him in favor

of the Department.

(d) (d) Involuntarily committed childis one whose parents, known or unknown, have been permanently and judicially deprived

of parental authority over him due to abandonment; substantial, continuous or repeated neglect and abuse; or incompetence to

discharge parental responsibilities.

(e) (e) Foundlingrefers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown; or a child

committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil

Register as a foundling.


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(f) (f) Abandoned childrefers to one who has no proper parental care or guardianship or whose parents have deserted him for a

period of at least six (6) continuous months and has been judicially declared as such.

(g) (g) Dependent child refers to one who is without a parent, guardian or custodian or one whose parents, guardian or other

custodian for good cause desires to be relieved of his care and custody and is dependent upon the public for support.

(h) (h) Neglected childis one whose basic needs have been deliberately not attended to or inadequately attended to, physically

or emotionally, by his parents or guardian.

(i) (i) Physical neglectoccurs when the child is malnourished, ill-clad and without proper shelter.

(j) (j) Emotional neglect exists when a child is raped, seduced, maltreated, exploited, overworked or made to work under

conditions not conducive to good health or made to beg in the streets or public places, or placed in moral danger, or exposed to

drugs, alcohol, gambling, prostitution and other vices.

(k) (k) Child-placement agencyrefers to an agency duly licensed and accredited 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 report.

(l) (l) Child-caring agencyrefers to an agency duly licensed and accredited by the Department that provides 24-hour residential

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

(m) (m) Departmentrefers to the Department of Social Welfare and Development.

(n) (n) Deed of Voluntary Commitment refers to the written and notarized instrument relinquishing parental authority and

committing the child to the care and custody of the Department executed by the childs biological parents or in their absence,

mental incapacity or death, by the childs legal guardian, to be witnessed by an authorized representative of the Department after

counseling and other services have been made available to encourage the biological parents to keep the child.

(o) (o) Child Study Report refers to a study made by the court social worker of the childs legal status, placement history,

psychological, social, spiritual, medical, ethno-cultural background and that of his biological family needed in determining the

most appropriate placement for him.

(p) (p) Home Study Reportrefers to a study made by the court social worker of the motivation and capacity of the prospective

adoptive parents to provide a home that meets the needs of a child.

(q) (q) Supervised trial custodyrefers to the period of time during which a social worker oversees the adjustment and emotional

readiness of both adopters and adoptee in stabilizing their filial relationship.

(r) (r) Licensed Social Worker refers to one who possesses a degree in bachelor of science in social work as a minimum

educational requirement and who has passed the government licensure examination for social workers as required by Republic Act

No. 4373.

(s) (s) Simulation of birthis the tampering of the civil registry to make it appear in the birth records that a certain child was born

to a person who is not his biological mother, thus causing such child to lose his true identity and status.

(t) (t) Biological Parentsrefer to the childs mother and father by nature.

(u) (u) Pre-Adoption Services refer to psycho-social services provided by professionally-trained social workers of theDepartment, the social services units of local governments, private and government health facilities, Family Courts, licensed and

accredited child-caring and child-placement agencies and other individuals or entities involved in adoption as authorized by the

Department.

(v) (v) Residencemeans a persons actual stay in the Philippines for three (3) continuous years immediately prior to the filing of

a petition for adoption and which is maintained until the adoption decree is entered. Temporary absences for professional,

business, health, or emergency reasons not exceeding sixty (60) days in one (1) year does not break the continuity requirement.

(w) (w) Alienrefers to any person, not a Filipino citizen, who enters and remains in the Philippines and is in possession of a

valid passport or travel documents and visa.


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SEC. 4. Who may adopt.The following may adopt:

(1) 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; who is 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 children in keeping with the means of

the family. The requirement of a 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 adoptees parent;

(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country has diplomaticrelations with the Republic of the Philippines, that he has been living in the Philippines for at least three (3) continuous years prior

to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he has been certified

by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and

that his government allows the adoptee to enter his country as his adopted child. Provided, further, That the requirements on

residency and certification of the aliens qualification to adopt in his 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 child of his Filipino spouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth (4th) degree of

consanguinity or affinity of the Filipino spouse.

(3) The guardian with respect to the ward after the termination of the guardianship and clearance of his financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other spouse has signified his 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 child of the other, joint parental authority shall be

exercised by the spouses.

SEC. 5. Who may be adopted.The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155

and 156 of P.D. No. 603 or judicially declared available for adoption;

(2) The legitimate child of one spouse, by the other spouse;

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and

treated by the adopters as their own child since minority;

(5) A child whose adoption has been previously rescinded; or

(6) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months

from the time of death of said parents.

(7) A child not otherwise disqualified by law or these rules.


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Sec. 6. Venue. The petition for adoption shall be filed with the Family Court of the province or city where the prospective

adoptive parents reside.

Sec. 7. Contents of the Peti tion.The petition shall be verified and specifically state at the heading of the initiatory pleading

whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary

commitment of children, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:


(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character; has not been

convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children; is at least

sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee s

parent; and is in a position to support and care for his children in keeping with the means of the family and has undergone pre-

adoption services as required by Section 4 of Republic Act No. 8552.

2) If the adopter is an alien, the petition shall allege the following:


(b) Sub-paragraph 1(b) above;

(c) That his country has diplomatic relations with the Republic of the Philippines;

(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity

to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there

permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition and he

maintains such residence until the adoption decree is entered.

The requirements of certification of the aliens qualification to adopt in his country and of residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of consanguinity

or affinity of the Filipino spouse.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the

guardian had cleared his financial accountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:

(a) one spouse seeks to adopt the legitimate child of the other, or

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto, or

(c) if the spouses are legally separated from each other.

5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as name of

child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and father, and the date and place of

their marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.

In all petitions, it shall be alleged:


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(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal or foundling

certificate and school records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to be known and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

Sec. 8. Rectif ication of Simulated Bi rth.In case the petition also seeks rectification of a simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for rectification

of the birth registration and the petition for adoption were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own child.

Sec. 9. Adoption of a foundl ing, an abandoned, dependent or neglected chil d.In case the adoptee is a foundling, an abandoned,

dependent or neglected child, the petition shall allege:

(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;

(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the name and

residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; and(d) That the Department, child-placement or child-caring agency is authorized to give its consent.

Sec. 10. Change of name.In case the petition also prays for change of name, the title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Sec. 11. Annexes to the Peti ti on.The following documents shall be attached to the petition:

A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the

adoptee;

B. Affidavit of consent of the following:

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

2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the

proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and

5. The spouse, if any, of the adopter or adoptee.

C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he hasthe legal capacity to adopt in his country and that his government allows the adoptee to enter his country as his own adopted child

unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the home study report by

a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the adoptee, if any.

Sec. 12. Order of H earing.If the petition and attachments are sufficient in form and substance, the court shall issue an order


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which shall contain the following:

(1) the registered name of the adoptee in the birth certificate and the names by which the adoptee has been known which shall be

stated in the caption;

(2) the purpose of the petition;

(3) the complete name which the adoptee will use if the petition is granted;

(4) the date and place of hearing which shall be set within six (6) months from the date of the issuance of the order and shall direct

that a copy thereof be published before the date of hearing at least once a week for three successive weeks in a newspaper of

general circulation in the province or city where the court is situated; Provided, that in case of application for change of name, the

date set for hearing shall not be within four (4) months after the last publication of the notice nor within thirty (30) days prior to anelection.

The newspaper shall be selected by raffle under the supervision of the Executive Judge.

(5) a directive to the social worker of the court, the social service office of the local government unit or any child-placing or child-

caring agency, or the Department to prepare and submit child and home study reports before the hearing if such reports had not

been attached to the petition due to unavailability at the time of the filing of the latter; and

(6) a directive to the social worker of the court to conduct counseling sessions with the biological parents on the matter of adoption

of the adoptee and submit her report before the date of hearing.

At the discretion of the court, copies of the order of hearing shall also be furnished the Office of the Solicitor General through the

provincial or city prosecutor, the Department and the biological parents of the adoptee, if known.

If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General shall be mandatory.

Sec. 13. Chi ld and Home Study Reports.In preparing the child study report on the adoptee, the concerned social worker shall

verify 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 social worker to register the adoptee and secure a certificate of

foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and the documents in support thereof are valid and

authentic, that the adopter has sincere intentions and that the adoption shall inure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity to adopt and that his government allows the

adoptee to enter his country as his adopted child in the absence of the certification required under Section 7(b) of Republic Act No.

8552.

If after the conduct of the case studies, the social worker finds that there are grounds to deny the petition, he shall make the proper

recommendation to the court, furnishing a copy thereof to the petitioner.

Sec. 14. Hearing.Upon satisfactory proof that the order of hearing has been published and jurisdictional requirements have been

complied with, the court shall proceed to hear the petition. The petitioner and the adoptee must personally appear and the former

must testify before the presiding judge of the court on the date set for hearing.

The court shall verify from the social worker and determine whether the biological parent has been properly counseled against

making hasty decisions caused by strain or anxiety to give up the child; ensure that all measures to strengthen the family have been

exhausted; and ascertain if any prolonged stay of the child in his own home will be inimical to his welfare and interest.

Sec. 15. Supervised Tr ial Custody.Before issuance of the decree of adoption, the court shall give the adopter trial custody of the

adoptee for a period of at least six (6) months within which the parties are expected to adjust psychologically and emotionally to

each other and establish a bonding relationship. The trial custody shall be monitored by the social worker of the court, the

Department, or the social service of the local government unit, or the child-placement or child-caring agency which submitted and

prepared the case studies. During said period, temporary parental authority shall be vested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period or exempt the parties if it finds that the same shall be

for the best interests of the adoptee, stating the reasons therefor.


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An alien adopter however must complete the 6-month trial custody except the following:

a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

b) one who seeks to adopt the legitimate child of his Filipino spouse; or

c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the latters relative within the fourth

(4th) degree of consanguinity or affinity.

If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-adoption placement authority

issued by the Department, the court shall order that the prospective adopter shall enjoy all the benefits to which the biologicalparent is entitled from the date the adoptee is placed with him.

The social worker shall submit to the court a report on the result of the trial custody within two weeks after its termination.

Sec. 16. Decree of Adoption.If the supervised trial custody is satisfactory to the parties and the court is convinced from the trial

custody report and the evidence adduced that the adoption shall redound to the best interests of the adoptee, a decree of adoption

shall be issued which shall take effect as of the date the original petition was filed even if the petitioners die before its issuance.

The decree shall:

A. State the name by which the child is to be known and registered;

B. Order:

1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary period within

which to appeal;

2) the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the Civil Registrar where

the child was originally registered within thirty (30) days from receipt of the certificate of finality. In case of change of name, the

decree shall be submitted to the Civil Registrar where the court issuing the same is situated.

3) the Civil Registrar of the place where the adoptee was registered:

a. to annotate on the adoptees original certificate of birth the decree of adoption within thirty (30) days from receipt of the

certificate of finality;

b. to issue a certificate of birth which shall not bear any notation that it is a new or amended certificate and which shall show,

among others, the following: registry number, date of registration, name of child, sex, date of birth, place of birth, name and

citizenship of adoptive mother and father, and the date and place of their marriage, when applicable;

c. to seal the original certificate of birth in the civil registry records which can be opened only upon order of the court which issued

the decree of adoption; and

d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within thirty days from receipt

of the decree.

If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was registered, to annotate the decree of

adoption on the foundling certificate and a new birth certificate shall be ordered prepared by the Civil Registrar in accordance with

the decree.

Sec. 17. Book of Adoptions.The Clerk of Court shall keep a book of adoptions showing the date of issuance of the decree in

each case, compliance by the Civil Registrar with Section 16(B)(3) and all incidents arising after the issuance of the decree.

Sec. 18. Confidential Nature of Proceedings and Records. All hearings in adoption cases, after compliance with the

jurisdictional requirements 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.


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If the court finds that the disclosure of the information to a third person is necessary for security reasons or for purposes connected

with or arising out of the adoption and will be for the best interests of the adoptee, the court may, upon proper motion, order the

necessary information to be released, restricting the purposes for which it may be used.

Sec. 19. Rescission of Adoption of the Adoptee.The petition shall be verified and filed by the adoptee who is over eighteen (18)

years of age, or with the assistance of the Department, if he is a minor, or if he is over eighteen (18) years of age but is

incapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.

Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the adopter may

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

Sec. 20. Venue.The petition shall be filed with the Family Court of the city or province where the adoptee resides.

Sec. 21. Time withi n which to fi le petiti on.The adoptee, if incapacitated, must file the petition for rescission or revocation of

adoption within five (5) years after he reaches the age of majority, or if he was incompetent at the time of the adoption, within five

(5) years after recovery from such incompetency.

Sec. 22. Order to Answer.The court shall issue an order requiring the adverse party to answer the petition within fifteen (15)

days from receipt of a copy thereof. The order and copy of the petition shall be served on the adverse party in such manner as the

court may direct.

Sec. 23. Judgment.If the court finds that the allegations of the petition are true, it shall render judgment ordering the rescission

of adoption, with or without costs, as justice requires.

The court shall order that the parental authority of the biological parent of the adoptee, if known, or the legal custody of the

Department shall be restored if the adoptee is still a minor or incapacitated and declare that the reciprocal rights and obligations of

the adopter and the adoptee to each other shall be extinguished.

The court shall further declare that successional rights shall revert to its status prior to adoption, as of the date of judgment of

judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

The court shall further order the Civil Registrar where the adoption decree was registered to cancel the new birth certificate of the

adoptee and reinstate his original birth or foundling certificate.

Sec. 24. Servi ce of Judgment.A certified true copy of the judgment together with a certificate of finality issued by the Branch

Clerk of the Court which rendered the decision in accordance with the preceding Section shall be served by the petitioner upon the

Civil Registrar concerned within thirty (30) days from receipt of the certificate of finality. The Civil Registrar shall forthwith enter

the rescission decree in the register and submit proof of compliance to the court issuing the decree and the Clerk of Court within

thirty (30) days from receipt of the decree.

The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.

SEC. 25. Repeal.- This supersedes Rule 99 on Adoption and Rule 100 of the Rules of Court.


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B. Inter-Country Adoption

Sec. 26. Applicability. The following sections apply to inter-country adoption of Filipino children by foreign nationals and

Filipino citizens permanently residing abroad.

SEC. 27. Objectives.The State shall:

a) consider inter-country adoption as an alternative means of child care, if the child cannot be placed in a foster or an adoptive

family or cannot, in any suitable manner, be cared for in the Philippines;

b) ensure that the child subject of inter-country adoption enjoys the same protection accorded to children in domestic adoption;

and

c) take all measures to ensure that the placement arising therefrom does not result in improper financial gain for those involved.

Sec. 28. Where to F il e Petiti on.A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen

permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found.

It may be filed directly with the Inter-Country Adoption Board.

Sec. 29. Who may be adopted.

Only a child legally available for domestic adoption may be the su

Adoption Ras and Am

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