New rules for faster child adoption process signedabs-cbnNEWS.com Posted 06/01/2009

The adoption process in the Philippines could speed up with the signing of the implementing rules and regulations of RA 9523 at the Department of Social Welfare and Development (DSWD) main office.

DSWD Secretary Esperanza Cabral, National Statistics Office (NSO) Administrator Carmelita Ericta, Association of Children Caring Agencies of the Philippines (ACCAP) President Atty. Gwendolyn Gana, and Inter-Country Adoption Board Director Atty. Bernadette Abejo signed the said regulations for “An Act Requiring the Certification of DSWD to Declare a ‘Child Legally Available for Adoption’ as a Prerequisite for Adoption Proceedings.”

Under the law, the time period before a child is considered abandoned has been reduced to a maximum of three months from the original minimum of six months.

Because of the new regulations, a child could be declared legally available for adoption in less than two months. Before, it took as long as three years in court proceedings for such declaration. RA 9523 made the declaration of abandonment of child “administrative in nature," which now requires just a certification signed by the DSWD secretary instead of a judicial order.

The new law also states that the certification issued by DSWD “by itself, shall be the sole basis for the immediate issuance by the local civil registrar of a foundling certificate”, which will be transmitted to the National Statistics Office (NSO).

Requirements

Cabral stressed that the shortened time frame for the declaration of abandonment and legal availability of the child to be adopted does not mean that there are short cuts for prospective parents in submitting adoption requirements.The prospective parents should submit proof that he or she is of legal age.

The second is that the parents should be at least 16 years older than the child he or she wants to adopt.

Third is that the prospective parents should undergo financial, emotional and psycho-social capability assessments.

The prospective adopted child should not be sought out by the biological parent. “Mapapadali ang process of adoption in the sense na mapapadali ang proseso for declaring the child legally available for adoption. But kailangan pa ring dumaan sa ibang proseso.

RA 9523 amends three earlier adoption-related laws, namely: RA 8552, the Domestic Adoption Act of 1998; RA 8043, the Inter-Country Adoption Act of 1995; and Presidential Decree (PD) 603, the Child and Youth Welfare Code.

Misinterpretation and misunderstanding of RA 9523

Republic Act 9523 “An Act Requiring Certification of the Department of Social Welfare and Development (DSWD) to Declare A Child Legally Available For Adoption as a Prerequisite For Adoption Proceedings” amended certain portions of RA 8552 , RA 8043, and Presidential Decree No. 603 “Child and Youth Welfare Code”.

Contrary to erroneous reports in the media and the Internet, RA 9523 did not turn the whole adoption process from a judicial proceeding under the Family Courts to an administrative proceeding under the DSWD. RA 9253 applies only to surrendered, abandoned, neglected, and dependent children who are subject to adoption.

Under RA 9523, the time period before a child is considered abandoned has been reduced to a maximum of three months from the original minimum of six months. RA 9523 made the declaration of abandonment of child “administrative in nature” which now requires just a certification signed by the DSWD secretary instead of a judicial order. Because of the new regulations, a child could be declared legally available for adoption in less than two months. Previously, it took as long as three years in court proceedings for such a declaration.

However, as Section 4 of the Implementing Rules and Regulations of RA 9523 clearly states, certain adoption proceedings in court do not require a “Certification Declaring a Child Legally Available for Adoption”. These are:

[1] Adoption of an illegitimate child by any of his/her biological parent[2] Adoption of a child by his/her step-parent[3] Adoption of a child by a relative within the fourth degree of consanguinity or affinity