[REPUBLIC ACT NO.

8552] (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
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE available shall intercountry adoption be considered as a last resort.
DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR
OTHER PURPOSES SEC. 3.   Definition of Terms. – For purposes of this Act, the
following terms shall be defined as:
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled: (a) “Child” is a person below eighteen (18) years of age.

ARTICLE I (b) “A child legally available for adoption” refers to a child who has
been voluntarily or involuntarily committed to the Department or to a
GENERAL PROVISIONS duly licensed and accredited child-placing or child-caring agency
freed of the parental authority of his/her biological parent(s) or
guardian or adopters) in case of rescission of adoption.
SECTION 1. Short Title. – This Act shall be known as the “Domestic
Adoption Act of 1998.”
 (c)  “Voluntarily committed child” is one whose parent(s) knowingly
and willingly relinquishes parental authority to the Department.
SEC. 2.  Declaration of Policies. –
(d) “Involuntarily committed child” is one whose parent(s), known or
(a) It is hereby declared the policy of the State to ensure that every unknown, has been permanently and judicially deprived of parental
child remains under the care and custody of his/her parent(s) and be authority due to abandonment; substantial, continuous, or repeated
provided with love, care, understanding and security towards the full neglect; abuse; or incompetence to discharge parental responsibilities.
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 (e) “Abandoned child”, refers to one who has no proper parental care
unrelated person be considered. 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.
(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 (f) “Supervised trial custody” is a period of time within which a
the Rights of the Child; UN Declaration on Social and Legal social worker oversees the adjustment and emotional readiness of
Principles Relating to the Protection and Welfare of Children with both adopter(s) and adoptee in stabilizing their filial relationship.
Special Reference to Foster Placement and Adoption, Nationally and
Internationally; and the Hague Convention on the Protection of (g) “Department” refers to the Department of Social Welfare and
Children and Cooperation in Respect of Intercountry Adoption. Development.
Toward this end, the State shall provide alternative protection and
assistance through foster care or adoption for every child who is (h) “Child-placing agency” is a duly licensed and accredited agency
neglected, orphaned, or abandoned. by the Department to provide comprehensive child welfare services
including, but not limited to, receiving applications for adoption,
(c) It shall also be a State policy to: evaluating the prospective adoptive parents, and preparing the
adoption home study.
(i) Safeguard the biological parent(s) from making hurried decisions
to relinquish his/her parental authority over his/her child; (i) “Child-caring agency” is a duly licensed and accredited agency by
the Department that provides twenty four (24)-hour residential care
(ii) Prevent the child from unnecessary separation from his/her services for abandoned, orphaned, neglected, or voluntarily
biological parent(s); committed.

(iii) Protect adoptive parent(s) from attempts to disturb his/her (j) “Simulation of birth’ is the tampering of the civil registry making
parental authority and custody over his/her adopted child. 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.
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 ARTICLE II
transferred to the Department of Social Welfare and Development or
to any duly licensed and accredited child-placing or child-caring PRE-ADOPTION SERVICES
agency, which entity shall be authorized to take steps for the
permanent placement of the child; SEC. 4. Counseling Services. – The Department shall provide the
services of licensed social workers to the following:
(iv) Conduct public information and educational campaigns to
promote a positive environment for adoption; (a) Biological Parent(s) – Counseling shall be provided to the
parent(s) before and after the birth of his/her child. No binding
(v) Ensure that sufficient capacity exists within government and commitment to an adoption plan shall be permitted before the birth of
private sector agencies to handle adoption inquiries, process domestic his/her child. A period of six (6) months shall be allowed for the
adoption applications, and offer adoption-related services including, biological parent(s) to reconsider any decision to relinquish his/her
but not limited to, parent preparation and post-adoption education and child for adoption before the decision becomes irrevocable.
counseling; and Counseling and rehabilitation services shall also be offered to the
biological parent(s) after he/she has relinquished his/her child for (iii) one who is married to a Filipino citizen and seeks to adopt jointly
adoption. with his/her spouse a relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse; or
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 (c) The guardian with respect to the ward after the termination of the
implications of each alternative have been provided. guardianship and clearance of his/her financial accountabilities.

(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption Husband and wife shall jointly adopt, except in the following cases:
fora and seminars, among others, shall be provided to prospective
adoptive parent(s) to resolve possible adoption issues and to prepare (i) if one spouse seeks to adopt the legitimate son/ daughter of the
him/her for effective parenting. other; or

(c) Prospective Adoptee – Counseling sessions shall be provided to (ii) if one spouse seeks to adopt his/her own illegitimate
ensure that he/she understands the nature and effects of adoption and son/daughter: Provided, However, that the other spouse has signified
is able to express his/her,views on adoption in accordance with his/her consent thereto; or
his/her age and level of maturity.
(iii) if the spouses are legally separated from each other.
SEC. 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 In case husband and wife jointly adopt, or one spouse adopts the
biological parent(s). If such efforts fail, the child shall be registered illegitimate son/daughter of the other, joint parental authority shall be
as a foundling and subsequently be the subject of legal proceedings exercised by the spouses.
where he/she shall be declared abandoned.
SEC. 8. Who May Be Adopted. – The following may be adopted:
SEC. 6. Support Services. – The Department shall develop a pre-
adoption program which shall include, among others, the (a) Any person below eighteen (18) years of age who has been
abovementioned services. administratively or judicially declared available for adoption;

ARTICLE III (b) The legitimate son/daughter of one spouse by the other spouse;

ELIGIBILITY (c) An illegitimate son/daughter by a qualified adopter to improve

his/her status to that of legitimacy;
SEC. 7.   Who May Adopt. – The following may adopt:
(d) A person of legal age if, prior to the adoption, said person has
(a) Any Filipino citizen of legal age, in possession of full civil been consistently considered and treated by the adopter(s) as his/her
capacity and legal rights, of good moral character, has not been own child since minority;
convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least sixteen (16) (e) A child whose adoption has been previously rescinded; or
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 (f) A child whose biological or adoptive parent(s) has
requirement of sixteen (16) year difference between the age of the died: Provided, That no proceedings shall be initiated within six (6)
adopter and adoptee may be waived when the adopter is the months from the time of death of said parent(s).
biological parent of the adoptee, or is the spouse of the adoptee’s
parent;
SEC. 9. Whose Consent is Necessary to the Adoption. – After being
properly counseled and informed of his/her right to give or withhold
(b) Any alien possessing the same qualifications as above stated for his/her approval of the adoption, the written consent of the following
Filipino nationals: Provided, That his/her country has diplomatic to the’ adoption is hereby required:
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 (a) The adoptee, if ten (10) years of age or over;
until the adoption decree is entered, that he/she has’been certified by
his/her diplomatic or consular office or any appropriate government (b) The biological parent(s) of the child, if known, or the legal
agency that he/she has the legal capacity to adopt in his/her country, guardian, or the proper government instrumentality which has legal
and mat his/her government allows the adoptee to enter his/her custody of the child;
country as his/her adopted son/daughter: Provided, Further, That the
requirements on residency and certification of the alien’s
(c) The legitimate and adopted sons/daughters, ten (10) years of age
qualification to adopt in his/her country  may be waived    for the
or over, of the adopters) and adoptee, if any;
following:

(d) The illegitimate sons/daughters, ten (10) years of age or over, of

(i) a former Filipino citizen who seeks to adopt a relative within the
the adopter if living with said adopter and the latter’s spouse, if any;
fourth (4th) degree of consanguinity or affinity; or
and

(ii) one who seeks to adopt the legitimate son/daughter of his/her

(e) The spouse, if any, of the person adopting or be adopted.
Filipino spouse; or

ARTICLE IV
PROCEDURE SEC. 14. Civil Registry Record. – An amended certificate of birth
shall be issued by the Civil Registry, as required by the Rules of
SEC. 10. Hurried Decisions. – In all proceedings for adoption, the Court, attesting to the fact that the adoptee is the child of the
court shall require proof that the biological parent(s) has been adopters) by being registered with his/her surname. The original
properly counseled to prevent him/her from making hurried decisions certificate of birth shall be stamped “cancelled” with the annotation
caused by strain or anxiety to give up the child, and to sustain that all of the issuance of an amended birth certificate in its place and shall
measures to strengthen die family have been exhausted and that any be sealed in the civil registry records. The new birth certificate to be
prolonged stay of me child in his/her own home will be inimical to issued to the adoptee shall not bear any notation that it is an amended
his/her welfare and interest. issue.

SEC. 11. Case Study. – No petition for adoption shall be set for SEC. 15. Confidential Nature of Proceedings and Records. – All
hearing unless a licensed social worker of the Department, the social hearings in adoption cases shall be confidential and shall not be open
service office of the local government unit, or any child-placing or to the public. All records, books, and papers relating to the adoption
child-caring agency has made a case study of the adoptee, his/her cases in the files of the court, the Department, or any other agency or
biological parent(s), as well as the adopter(s), and has submitted the institution participating in the adoption proceedings shall be kept
report and recommendations on the matter to the court hearing such strictly confidential.
petition.
If the court finds that the disclosure of the information to a third
At the time of preparation of the adoptee’s case study, the concerned person is necessary for purposes connected with or arising out of the
social worker shall confirm with the Civil Registry the real identity adoption and will be for the best interest of the adoptee, the court
and registered name of the adoptee. If the birth of the adoptee was not may merit the necessary information to be released, restricting the
registered with the Civil Registry, it shall be the responsibility of the purposes for which it may be used.
concerned social worker to ensure that the adoptee is registered.
ARTICLE V
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 EFFECTS OF ADOPTION
valid and authentic. Further, the case study of die adopter(s) .shall
ascertain his/her genuine intentions and mat the adoption is in the SEC. 16. Parental Authority. – Except n cases where the biological
best interest of the child. parent is the spouse of the adopter, all legal ties between the
biological parent(s) and the adoptee shall be severed and the same
The Department shall intervene on behalf of the adoptee if it  finds, shall then be vested on the adopter(s).
after the conduct of me case studies, that the petition should
be denied. The case studies and other relevant documents and SEC. 17. Legitimacy. – The adoptee shall be considered the
records pertaining to me adoptee and the adoption shall be preserved legitimate son/daughter of the adopter(s) for all intents and purposes
by the Department. and as such is entitled to all the rights and obligations provided by
law to legitimate sons/daughters born to them without discrimination
SEC. 12. Supervised Trial Custody. – No petition for adoption shall of any kind. To this end, the adoptee is entitled to love, guidance, and
be finally granted until the adopters) has been given by the court a support in keeping with the means of the family.
supervised trial custody period for at least six (6) months wiuiin
which the parties are expected to adjust psychologically and SEC. 18. Succession. – In legal and intestate succession, the
emotionally to each other and establish a bonding relationship. adopter(s) and the adoptee shall have reciprocal rights of
During said period, temporary parental authority shall be vested in succession without distinction from legitimate filiation. However, if
the adopter(s). the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern.
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 ARTICLE VI
adoptee, stating the reasons for the reduction of the period. However,
for alien adopters), he/she must complete the six (6)-month trial
custody except for those enumerated in Sec. 7 (b) (i) (ii) (iii). RESCISSION OF ADOPTION

If the child is below seven (7) years of age and is placed with the SEC. 19. Grounds for Rescission of Adoption. – Upon petition of the
prospective adopter(s) through a pre-adoption placement authority adoptee, with the assistance of the Department if a minor or if over
issued by the Department, the prospective adopter(s) shall enjoy all eighteen (18) years of age but is incapacitated, as guardian/counsel,
the benefits to which biological parent(s) is entitled from the date the the adoption may be rescinded on any of the following grounds
adoptee is placed with the prospective adopter(s). committed by the adopter(s): (a) repeated physical and verbal
maltreatment by the adopters) despite having undergone counseling”;
(b) attempt on the life of the adoptee; (c) sexual assault or violence;
SEC. 13. Decree of Adoption. – If, after the publication of the order or (d) abandonment and failure to comply with parental obligations.
of hearing has been complied with, and no opposition has been
interposed to the petition, and after consideration of the case studies,
me qualifications of the adopter(s), trial custody report and the Adoption, being in fhe best interest of the child, shall not bee subject
evidence submitted, the court is convinced that the petitioners are to rescission by the adopters). However, the adopters) may disinherit
qualified to adopt, and that the adoption would redound to me best the adoptee for causes provided, in Article 919 of the Civil Code.
interest of the adoptee, a decree of adoption shall be entered which
shall be effective as of the date die original petition was filed. This SEC. 20. Effects of Rescission. – If the petition is granted, the
provision shall also apply in case the petitioner(s) dies before the parental authority of the adoptee’s biological parent(s), if known, or
issuance of me decree of adoption to protect the interest of the the legal custody of the Department shall be restored if the adoptee is
adoptee. The decree shall state the name by which the child is to be
known.
still a minor or incapacitated. The reciprocal rights and obligations of IMPLEMENTING RULES AND REGULATIONS
the adopter(s) and the adoptee to each other shall be extinguished.

The court shall order the Civil Registrar to cancel the amended Article I
certificate of birth of the adoptee and restore his/her original birth General Provisions
certificate. Section 1
Affirmation of Policy. –
Succession rights shall revert to its status prior to adoption, but only
as of the date of judgment of judicial rescission. Vested rights It is the policy of the State to ensure that every child remains under
acquired prior to judicial rescission shall be respected. the care and custody of his/her biological parents and be provided
with love, care, understanding and security toward the full
development of his/her personality. When care of the biological
All the foregoing effects of rescission of adoption shall be without parents is unavailable or inappropriate and no suitable alternative
prejudice to the penalties imposable under me Penal Code if the parental care or adoption within the child’s extended family is
criminal acts are properly proven. available, adoption by an unrelated person shall be considered.
However, no direct placement of a child to a non-related shall be
Provided, further, That the application for correction of the birth countenanced.
registration and petition for adoption shall be filed within five (5)
years from the effectivity of this Act and completed Adoption is the most complete means whereby permanent family life
thereafter: Provided, finally, That such person complies with the can be restored to a child deprived of his/her biological family.
procedure as specified in Article IV of this Act and other
The child’s best welfare and interest shall be the paramount
requirements as determined by the Department.
consideration in all questions relating to his/her care and custody.

ARTICLE VIII Section 2

Applicability. –
FINAL PROVISIONS
These Rules shall apply to the adoption in the Philippines of a
SEC. 23. Adoption Resource and Referral Office. – There shall be Filipino child by a Filipino or alien qualified to adopt under Article
established an Adoption Resources and Referral Office under the III, Section 7 of RA 8552.
Department with the following functions: (a) monitor the existence,
Adoption of a child by any member of his/her extended family shall
number, and flow of children legally available for adoption and
prospective adopters) so as to facilitate their matching; (b) maintain a likewise be governed by these Rules.
nationwide information and educational campaign on domestic
Article II
adoption; (c) keep records of adoption proceedings; (d) generate
Definition of Terms
resources to help child-caring and child-placing agencies and foster
Section 3
homes maintain viability; and (e) do policy research in collaboration
with the Intercountry Adoption Board and other concerned agencies. Definition of Terms. —
The office shall be manned by adoption experts from the public and
private sectors. As used in these Rules, unless the context otherwise requires, the
following terms shall mean:
SEC. 24. Implementing Rules and Regulations. – Within six (6) a. "Act" shall refer to Republic Act No. 8552 otherwise
months .from the promulgation of this Act, the Department, with the known as "The Domestic Adoption Act of 1998".
Council for the Welfare of Children, the Office of Civil Registry
General, the Department of Justice} .Office of the Solicitor General, b. "Department" shall refer to the Department of Social
and two (2) private individuals representing child-placing and child- Welfare and Development.
caring agencies shall formulate the necessary guidelines to make the
provisions of this Act operative. c. "Child" shall refer to a person below eighteen (18) years of
age.
SEC. 25. Appropriations. – Such sum as may be necessary for the d. "A child legally available for adoption" shall refer to a child
implementation of the provisions of this Act shall be included in the who has been voluntarily or involuntarily committed to the
General Appropriations Act of the year following its enactment into Department or to a duly licensed and accredited child-
law and thereafter. placing or child-caring agency, freed of the parental
authority of his/her biological parent(s) or guardian or
SEC. 26. Repealing Clause. – Any law, presidential decree or adopter(s) in case of rescission of adoption.
issuance, executive order, letter of instruction, administrative order,
e. "Voluntarily committed child" shall refer to one whose
rule, or regulation contrary to, or inconsistent with the provisions of
parent(s) knowingly and willingly relinquishes parental
this Act is hereby repealed, modified, or amended accordingly.
authority to the Department.

SEC. 27. Separability Clause. – If any provision of this Act is held f. "Involuntarily committed child" shall refer to one whose
invalid or unconstitutional, the other provisions not affected thereby parent(s), known or unknown, has been permanently and
shall remain valid and subsisting. judicially deprived of parental authority due to
abandonment; substantial; continuous or repeated neglect;
SEC. 28. Effectivity Clause. – This Act shall take effect fifteen (15) abuse; or incompetence to discharge parental
responsibilities.
days following its complete publication in any newspaper of general
circulation or in the Official Gazette. g. "Abandoned child" shall refer to one who has no proper
parental care or legal guardianship or whose parent(s) has
Approved,
 deserted him/her for a period of at least six (6) continuous s. "Biological Parents" shall refer to the child's mother and
months and has been judicially declared as such. father by nature or the mother alone if the child is
unacknowledged illegitimate child.
h. "Foundling" shall refer to a deserted or abandoned infant or
a child found, with parents, guardian, or relatives being t. "Prospective Adoptive Parent(s)" shall refer to person
unknown, or a child committed in an orphanage or mentioned under Section 7 of the Act who have filed an
charitable or similar institution with unknown facts of birth application for adoption.
and parentage and registered in the Civil Register as a
"foundling". u. "Prospective Adoptee" shall refer to one who is legally
available for adoption as defined in Section 3(d) of this rule
i. "Deed of Voluntary Commitment" shall refer to the written or one who falls under the enumeration in Sec. 8 of the Act.
and notarized instrument relinquishing parental authority
and committing the child to the care and custody of the v. "Pre-Adoption Services" shall refer to psycho-social
Department executed by the child's biological parent(s) or services provided by professionally trained social workers
by the child's legal guardian in their absence, mental of the Department, the social services units of local
incapacity or death, to be signed in the presence of an government, private and government health facilities,
authorized representative of the Department after Family Courts, licensed and accredited child-caring and
counseling and other services have been made available to child-placing agency and such other individuals or entities
encourage the child's biological parent(s) to keep the child. involved in adoption as may be authorized by the
Department.
j. "Child Study Report" shall refer to a study of a child's legal
status, placement history, psychological, social, spiritual, w. "Post-Adoption Services" shall refer to psycho-social
medical, ethno-cultural background, and that of his/her services and support services provided by professionally
biological family as basis in determining the most desirable trained social workers from offices above-mentioned after
placement for him/her. the issuance of the Decree of Adoption.

k. "Home Study Report" shall refer to a study of the x. "Residence" shall refer to a person's actual and legal stay in
motivation and capacity of the prospective adoptive parents the Philippines for three (3) continuous years immediately
to provide a home that meets the needs of a child. prior to the filing of application for adoption decree is
entered; Provided, that temporary absences for
l. "Matching" shall refer to the judicious selection from the professional, business or emergency reasons not exceeding
regional or interregional levels of a family for a child based sixty (60) day in one (1) year shall not be considered as
on the child's needs and in his/her best interest as well as breaking the continuity requirement; Provided further that
the capability and commitment of the adoptive parents to the Department may extend this period in meritorious
provide such needs and promote a mutually satisfying cases.
parent-child relationship.
y. "Alien" shall refer to any person, not a Filipino citizen, who
m. "Supervised trial custody" shall refer to the period during enters and remains in the Philippines and in possession of a
which a social worker oversees the adjustment and valid passport or travel documents and visa.
emotional readiness of both adopting parents and adopted
child in stabilizing their filial relationship. Article III
Pre-Adoption Services
n. "Licensed Social Worker" shall refer to one who possesses Section 4
a bachelor of science in social worker degree as a minimum
education requirement and must have passed the Pre-Adoption Services. -
government licensure examination for social workers as
required by Republic Act 4373. Pre-adoption services including counseling shall be provided by
professionally trained social workers of the Department, the social
o. "Child-placing agency" shall refer to a private non- services units of local government, private and government health
profitable or charitable institution or government agency facilities, Family Courts, licensed and accredited child-caring and
duly licensed and accredited by the Department to provide child-placing agency and such other individuals or entities involved
comprehensive child welfare services including but not in adoption as may be authorized by the Department to the following:
limited to, receiving applications for adoption/foster care,
evaluating the prospective adoptive/foster parents, 1. Biological Parent(s)
preparing the home study and all other processes as 1.1 Biological parents shall be counseled regarding their
provided for in Article V of the Rules. options:
p. "Child-caring agency" shall refer to a private non-profitable 1. to keep the child and avail of services and
or charitable institution or government agency duly assistance;
licensed and accredited by the Department that provides
twenty-four (24) hour residential care services for 2. avail of temporary child care arrangements such
abandoned, orphaned, neglected, or voluntarily committed as foster care; or
children.
3. relinquish the child for adoption.
q. "Simulation of birth" shall refer to the tampering of the
civil registry making it appear in the birth records that a 1.2 Counseling shall be provided in a language and manner
certain child was born to a couple or a person who is not understandable to the biological parent(s)/legal guardian on
his/her biological mother and/or his/her biological father, the implications of relinquishing his/her parental authority
causing such child to lose his/her true identity and status. over the child focusing on:

r. "Extended Family" shall refer to a relative of a child both at 4. the loss of parental rights over the child and as a
the paternal and maternal side within the fourth degree of rule, not having further contact with the child;
consanguinity.
 5. the importance of providing relevant information It shall be the duty of the Department or the child placing or child
on the child, their own medical history and family caring agency which has custody of the child to exert all efforts to
background; locate his/her unknown biological parent(s).
6. the possibility that the child may be placed for The following shall be sufficient proof that such efforts to locate the
adoption within the Philippines or in a foreign biological parents, guardians or relatives have been made:
country;
a. Certification from radio and/or TV stations that the case
7. the possibility that in the future, there may be was aired on three (3) different occasions; and
communication with the child at their or the
child's initiative. b. Publication in newspapers of general or local circulation
whichever is appropriate to the circumstances.
8. the right to reconsider his/her decision to
relinquish his/her child within six months from If the biological parent(s) is located, he/she will be assessed to
signing the Deed of Voluntary Commitment determine their willingness to keep the child and their parenting
(DVC) subject to assessment by the Department. capability. If reunification is desired it shall be effected after the
parent(s) and child undergo counseling.
1.3 Continuing services shall be provided after
relinquishment to cope with feelings of loss, etc. and other If efforts to locate the child's parent/s fail, the child shall be registered
services for his/her reintegration to the community. as a foundling and within three (3) months from the time he/she is
found, be the subject of legal proceedings where he/she shall be
1.4 The biological parent(s) who decides to keep the child declared abandoned. If the child's parents are located but
shall be provided with adequate services and assistance to reunification is not desired, the parent(s) shall execute a deed of
fulfill parental responsibilities. voluntary commitment to the Department.
2. Prospective Adoptive Parent(s) Section 6
2.1 Prospective adoptive parent(s) shall attend adoption Support Services. —
fora and seminars to help them assess their motivation,
capacity and readiness to adopt. The Department shall The Department and other authorized agencies shall organize and
conduct fora, seminars and counseling sessions to achieve assist support groups for adoptive parents, biological parents and
the following additional objectives: adoptees, provide parent and family life education sessions and
referral for specialized services, among others.
1. to disseminate basic information about adoption
including the adoption process and procedures Article IV
and the effects of adoption. Eligibility
Section 7
2. to inform them of the general background of
children in need of adoptive homes including Who May Adopt. —
children with special needs;
Any Filipino citizen or alien residing in the Philippines who has the
3. to develop among prospective adoptive parents a qualifications and none of the disqualifications under the Act may be
respect for the child's biological origin and an eligible to adopt if he/she:
awareness of the importance of telling the child
that he/she is adopted. a. is of legal age;

4. to provide a support group for adoptive parents b. is at least sixteen (16) years older than the adoptee;
which shall give them a venue for sharing their Provided, however that the minimum age gap between the
adoption experiences. adopter and adoptee may not be required if the adopter is
the biological parent or sibling of the adoptee or the spouse
2.2 A certificate shall be issued by the Department to the of the adoptee's parent;
prospective adoptive parents attesting that they have
undergone pre-adoption services. c. has the capacity to act and assume all the rights and duties
incident to the exercise of parental authority;
The certificate shall be made a pre-requisite of the home
study. d. is of good moral character and has not been convicted of
any crime involving moral turpitude;
3. Prospective Adoptee
e. is in position to support, educate and care for his/her
3.1 A prospective adoptee shall be provided with legitimate and illegitimate children and the child to be
counseling and other support services appropriate to his/her adopted in keeping with the means of the family;
age and maturity, and in a manner and language that the
child comprehends, especially to enable him/her to f. has undergone pre-adoption services as required in Section
understand why he/she has been relinquished for adoption. 4 of the Act.

3.2 In the case of a prospective adoptee whose consent to In addition to these qualifications, an alien may adopt if he/she:
his/her own adoption is necessary, the social
worker/counselor shall consider the child's wishes and a. is a citizen of a state which has diplomatic relations with
opinions, ensure that his/her consent is voluntary and duly the Philippines;
inform him/her of the effects of such consent. b. has be certified by his/her diplomatic or consular office or
any appropriate agency that:
Section 5
1. he/she is qualified to adopt in his/her country;
Location of Unknown Parent(s). — and
 2. his/her government will allow the adoptee to 2. to ensure that their decision to relinquish their child for
enter the adopters' country and reside there adoption is not caused by stress, anxiety or pressure; and
permanently as an adopted child;
3. to ascertain that such decision does not result in improper
c. has submitted the necessary clearances and such other financial gain for those involved in it.
certifications as may be required by the Department.
Section 11
Section 8
Attendance in Adoption Fora and Seminars. —
Who May Be Adopted. —
In accordance with Section 4.2. of these Rules, prospective adoptive
The following may be adopted: parents shall attend adoption fora and seminars prior to filing their
application to adopt.
a. any person below (18) years of age who has been
administratively or judicially declared available for Section 12
adoption in accordance with the procedures as indicated in
Articles 142 to 155 of the P.D. 603: The Child and Youth Fees and Charges. —
Welfare Code;
Pursuant to Section 23(d) of the Act, child-caring and child-
b. the legitimate son/daughter of one spouse by the other placement agencies may charge reasonable fees as determined by the
spouse; Department to cover expenses in providing adoption services. The
applicant(s) shall be apprised of the fees at the start of the adoption
c. an illegitimate son/daughter by a qualified adopter to process.
improve his/her status to that of legitimacy;
Section 13
d. a person of legal age if, prior to the adoption, said person
has been consistently considered and treated by the Application for Adoption. —
adopter(s) as his/her own child since minority;
A person eligible to adopt under Article III, Section 7 of the Act who
e. a child whose adoption has been previously rescinded; or desires to adopt a child in the Philippines whether a relative or not
and has attended adoption fora and seminar, shall file his/her
f. a child whose biological or adoptive parent(s) has died:
application for adoption with the Department directly or with a social
Provided, That no proceedings shall be initiated within six
service office of a local government unit, or with any licensed
(6) months from the time of death of said parent(s).
accredited child placing agency. Spouses shall file their application
jointly.
Section 9
Person whose Consent is Necessary to the Adoption. — Section 14

In addition to the Consent to Adopt by the Department under Section Preparation of Home Study Report. —
22 of these Rules, the written consent of the following persons to the
A home study report of the applicant shall be prepared by a licensed
adoption shall be given in the required legal form and attached to
and accredited social worker of the Department, or social service
every petition for adoption:
office of the local government unit or licensed and accredited child
a. the prospective adoptive, if ten (10) years of age or over, placing agency where pre-application is filed who shall conduct home
visits to the applicants to determine capacity to adopt and possession
b. the prospective adoptee's biological parents of the child or of qualification. The home study report shall clearly indicate whether
legal guardian; the applicant is being recommended for child placement or not. The
applicant's Homestudy Report shall be accompanied by the following
c. the prospective adopter's legitimate and adopted documents/certifications:
sons/daughters who are ten (10) years of age or over and, if
any, illegitimate sons/daughters living with them; 1) Authenticated birth certificate;
d. the prospective adopter's spouse in appropriate cases; and 2) Marriage Contract or Divorce, Annulment, Declaration of Nullity,
prospective adoptee in appropriate cases. or Legal Separation documents;
The foregoing consent shall be given freely after they have been 3) Written consent to the adoption by the legitimate and adopted
properly counseled as required under Section 4 by a social workers sons/daughters, and illegitimate sons/daughters if living with the
who shall attest in the same document that the required counseling applicant, who are at least ten (10) years old;
and information have been given.
4) Physical and medical evaluation by a duly licensed physician; and
Article V when appropriate, psychological evaluation;
Procedure
5) NBI/Police Clearance;
 
Section 10 6) Latest income tax return or any other documents showing financial
capability, e.g. Certificate of Employment, Bank Certificate or
Hurried Decision. —
Statement of Assets and Liabilities;
In all proceedings for adoption, a comprehensive study report
7) Three (3) character references, e.g. the local Church/Minister, the
prepared by a licensed social worker shall be submitted to the court
employer, and a non-relative member of the immediate community
as proof that the biological parent(s) has been properly counseled and
who have known the applicant(s) for at least three (3) years;
provided other support services:
8) 3 x 5 sized pictures of the applicant(s) and his/her immediate
1. to exhaust all measures to strengthen family ties and keep
family taken within the last three (3) months;
the child;
9) Certificate of attendance to pre-adoption fora or seminars.
In addition, foreign nationals shall submit the following: The child study report shall be prepared only by a licensed and
accredited social workers of the Department or child caring agency
10) Certification that the applicant(s) have legal capacity to adopt in not involved in child-placement. Such child study report shall include
his/her country and that his/her country has a policy, or is a signatory assessment and recommendations of the social worker as to the
of an international agreement, which allows a child adopted in the alternative child custody and care appropriate for the child.
Philippines by its national to enter his/her country and permanently
reside therein as his/her legitimate child which may be issued by The following documents shall accompany the child report:
his/her country's diplomatic or consular office or central authority on
intercountry adoption or any government agency which has 1. Authenticated birth certificate or foundling certificate,
jurisdiction over child and family matters; or, in the absence of any of when appropriate;
the foregoing, the Philippine Intercountry Adoption Board may also
2. Written consent to adoption by the biological parent(s) or
certify that the Philippines and the applicants' country have an
the legal guardian and the written consent of the child if at
existing agreement or arrangement on intercountry adoption whereby
least ten (10) years old, signed in the presence of the social
a child who has been adopted in the Philippines or has a pre-adoption
worker of the Department or child caring agency after
placement approved by the Board is allowed to enter and remain as
proper counseling as prescribed in Section III of these
permanent resident in the applicants' country as his/her legitimate
Rules;
child.
3. Death Certificate of biological parents, Decree of
11) Certificate of Residence in the Philippines issued by the Bureau
Abandonment or Deed of Voluntary Commitment, as
of Immigration or Department of Foreign Affairs, as appropriate;
appropriate;
12) Two (2) character references from a non-relatives who knew the
4. Medical evaluation of the child and his/her parent(s), if
applicant(s) in the country of which he/she is a citizen or was a
available;
resident prior to residing in the Philippines, except for those who
have resided in the Philippines for more than fifteen (15) years; 5. Psychological evaluation, when appropriate;
13) Police Clearance from all places of residence in the past two 6. Picture of the child.
years immediately prior to residing in the Philippines.
Section 18
In the case of an applicant who is residing abroad, but is otherwise
qualified to adopt in the Philippines under the provisions of the Act, Submission of Case Records of Prospective Adoptees and
the Homestudy Report shall be prepared by an accredited foreign Prospective Adoptive Parents. —
adoption agency. However, a certification from the Intercountry
Adoption Board shall be required to ensure that said agency is Case Records of prospective adoptees and prospective adoptive
accredited. parents shall be submitted to the concerned Adoption Resource and
Referral Office (ARRO) which was established according to Section
Section 15 23 of the Act for matching.

Disapproval of Adoption Application. — Section 19

The applicants shall be informed as soon as possible about the Matching. —
approval or disapproval of the adoption application. In case of
disapproval, the social worker shall help them understand the reasons The matching of the child to an approved adoptive parent/s shall be
for their disapproval and shall assist or refer them for appropriate carried out during the regular matching conference by the Matching
services in areas where they need to be helped. Except when found by Committee otherwise called the Child Welfare Specialist Group
the social worker that such application can no longer be considered, (CWSG) in the regional level where the social workers of the child
there shall be no prejudice to future application of said applicants. and family are present. Subject to the approval of the Department, the
CWSG shall fix its own internal rules and procedures in accordance
Section 16 with the rules of Court; Provided, however, that records of children
and approved adoptive parent/s not matched within thirty (30) days in
Certificate of Availability of Child for Adoption. — the regional level shall be forwarded to the Department's Central
Office for interregional matching; Provided further that children with
No child shall be placed for adoption unless a clearance has been
special needs shall be immediately forwarded if not matched in the
obtained from the Department that said child is available for
first meeting, except under special circumstances.
adoption. The Department shall not issue such certification unless the
Child Study Report prepared by a duly licensed and accredited social The matching proposal made by the CWSG shall be approved by the
worker of the Department or of a child caring agency recommends Department.
that the child's best interests will be served by adoption.
Section 20
The Department shall issued the Certificate of Availability for
Adoption not later than fifteen (15) day after expiration of the six (6) Interregional Matching. —
month period after execution of Deed of Voluntary Commitment by
the child's parents or legal guardian required under P.D. No. 603 or Records of prospective adoptees and approved adoptive parent/s not
the Child and Youth Welfare Code or after receipt of entry of matched in the regional level shall be forwarded to the Department's
judgment in case of involuntary commitment. Copy of the Certificate Central Office for interregional matching by the Interregional
of Availability for Adoption and Child Study Report shall be sent to Adoptive Placement Committee whose internal rules and procedures
the Child Welfare Special Group (CWSG) for purpose of placement shall be established by the Department.
of the child for adoption.
Section 21
Section 17
Pre-Placement. —
Supporting Documents of Child Study Report. —
The respective social worker who prepared the reports shall also The prospective adoptive parent(s) shall initiate judicial proceeding
prepare the adoptive family and the child, physically and by filing the petition to adopt not later than thirty (30) day from date
psychologically before actual placement. of receipt of the Department's written consent to adoption.

Section 22 Section 28
Placement. — Issuance of Decree of Adoption and Entry of Judgment. —
The physical transfer of a child from child caring agency or foster If, after considering the recommendation and reports of the social
home to the prospective adoptive parents who shall be responsible for worker and other evidence, the Court is satisfied that the adopter(s)
his/her care and custody shall be made after the necessary forms are are qualified to adopt, then an adoption decree and an Entry of
accomplished and the Pre-adoption Placement Authority (PAPA) has Judgment shall be issued stating the name by which the child is to be
been issued after approval of the Regional Director for placement known. A copy of the decree of adoption shall be forwarded to the
within the region or by the Department Secretary or his/her duly Department. The effectivity of the decree shall be as of the date the
authorized representative in cases of interregional placements. original petition was filed.

Section 23 Section 29
Supervised Trial Custody. — Travel Authority of Adopted Child. —
The placement of the child shall take effect upon issuance of the Pre- No adoptees shall be issued a travel authority unless a decree of
Adoption Placement Authority by the Department after which the adoption has already became final and executory. In this respect, the
supervised trial custody shall immediately commence. amended birth certificate shall be presented. If for any valid reason
the same cannot be presented, the application for travel authority
During the supervised trial custody, the social worker shall conduct shall be accompanied by the duplicate original or certified true copy
monthly home visits to monitor adjustment of the prospective of the decree of adoption and entry of judgment issued by the court
adopter(s) and child to each other and submit progress report to the which promulgated the decision and a certification from the Office of
Department. A copy of these reports shall be given to the child caring the Solicitor General that the decision is final and executory and that
agency where the child came from. no appeal there from has been filed by the said office.
The court may, upon its own motion or on motion of the petitioner,
Section 30
reduce or dispense with the trial period if it finds that it is to the best
interest of the child. In such case, the court shall stated its reasons for Recording of the Court Decision. —
reducing said period.
A court decision on adoption as well as the finality of decision shall
Section 24 be submitted by the clerk of court or in his default, by the adopting
parent(s), to the Local Civil Registry Office of the city/municipality
Disruption of Pre-Adoptive Placement. — where the court issuing the same is situated, for entry in the Register
of Court Decrees, not later than thirty (30) day after the court
If the placement/relationship is found unsatisfactory by the child or
decision has become final and executory. Such Local Civil Registry
the adopter(s), or both, or if the social worker finds that the continued
Office shall submit one copy of the court decision to the Local Civil
placement of the child is not in the child's best interest, said
Registry Office of the city or municipality where the birth of the
relationship/placement shall be suspended by the Department which
adopted child was registered and the latter office shall have the duty
shall recommend to the Adoption Resource and Referral Office to
to prepare the amended certificate of live birth of the adopted child.
consider another possible placement. Should there be no available
prospective adoptive family, the Department shall arrange for the
Section 31
child's temporary care. No termination of placement shall be made
unless it is shown that the social worker has exhausted all efforts to Civil Registry Record. —
remove the cause of the unsatisfactory relationship/placement within
a reasonable period of time. The adopted child shall be entitled to the issuance of a new certificate
of live birth. Amendment to the certificate of live birth shall be done
Section 25 in accordance with the rules and regulations promulgated by the
Office of the Civil Registrar General and Section 14 of the Act.
New Placement. —
A copy of the new birth certificate shall be transmitted by the local
In the event of the disruption of the pre-adoptive placement, the civil registrar to the National Statistics Office within 30 days from
Department shall arrange without delay a new placement of the child, registration.
or, if inappropriate, other alternative long term care. The consent of
the child to the measures to be taken under this section shall be Section 32
obtained having regard to his/her age and level of maturity in
particular. Post Adoption Services -

Section 26 Post Adoption Services which shall include counseling shall be made
available by the social workers of the Department, social services unit
Consent to Adoption. — of the local government, child placing and child caring agencies to
the adoptee, adopter and the biological parents.
If the adjustment of the child/adopter(s) is satisfactory, the social
worker shall forward to the Department the final supervisory report Article VI
which shall include the recommendation for the issuance of the Effects of Adoption
written consent to adoption to be executed by the Department.

Section 27 Section 33
Filing of Petition for Adoption. — Effects of Adoption. -
Adoption shall have the following effects: 4. Succession rights shall revert to its status prior to adoption
but only as of the date of judgement of judicial rescission.
1. Sever all legal ties between the biological parents and the
adoptee, except when the biological parent is the spouse of 5. Vested rights acquired prior to judicial rescission shall be
the adopter; respected.
2. Deem the adoptee as a legitimate child of the adopter; All the foregoing effects of rescission of adoption shall be without
prejudice to the penalties imposable under the Penal Code if the
3. Give adopter and adoptee reciprocal rights and obligations criminal acts are properly proven.
arising from the relationship of parent and child, including
but not limited to: Article VIII
Adoption Resource And Referral Office
i. the right of the adopter to choose the name, the child’ is
Section 38
to be known; and
Functions. –
ii. the right of the adopter and adoptee to legal and
compulsory heirs of each other The Adoption Resource and Referral Office (ARRO) shall be under
the supervision of the Department’s Central Office and Regional
Section 34 Office Director.
The adoptive parents shall, with respect to the adopted child, enjoy all The functions of the ARRO shall include the following:
the benefits to which biological parents are entitled. Maternity and
paternity benefits and other benefits given to biological parents upon 1. Monitor the existence, number and flow of children legally
the birth of a child shall be enjoyed if the adoptee is below seven (7) available for adoption and prospective adopter(s), so as to
years of age as of the date the child is placed with the adoptive facilitate their matching;
parents thru the Pre-Adoptive Placement Authority issued by the
Department. 2. Maintain a nationwide/regional information and
educational campaign o domestic adoption;
Article VII
3. Keep records of adoption proceedings;
Rescission of Adoption
4. Generate resources to help child-caring and child-placing
agencies and maintain viability;
Section 35
5. Do policy research in collaboration with the Intercountry
Grounds for Rescission. –
Adoption Board and other concerned agencies; and
Adoption being in the best interest of the child, shall not be subject to
6. Act as the Secretariat to the Child Welfare Specialist Group
rescission by the adopter(s). The adoption may be rescinded only
(CWSG) during Interregional/regional matching
upon the petition of the adoptee with the assistance of the
conferences.
Department, if a minor or if over eighteen (18) years of age but is
incapacitated, on any of the following grounds committed by the
Section 39
adopter(s):
Composition Of the CSWG. –
1. Repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counseling; The CWSG shall have five (5) members composed of a social worker
of the Department, a lawyer specializing on child and youth welfare
2. Attempt on the life of the adoptee;
cases, a physician, a psychiatrist or psychologist, and a representative
3. Sexual assault or violence; or of a non-government organization of adoptive parents or child
welfare agencies who shall be selected in consultation with the
4. Abandonment and failure to comply with parental recognized association or organization of adoptive parents and child
obligations. caring agencies.

Section 36 The Department shall appoint qualified persons who shall serve in the
CWSG for a term of two (2) years which may be renewed for another
Disinheritance of Adoptee. – term.
The adopter(s) may disinherit the adoptee for cause provided in Only CWSG members who are not with the Department shall be
Article 919 of the Civil Code. entitled to a per diem for every meeting attended but not to exceed
four (4) meetings a month.
Section 37
Section 40
Effects of Rescission. –
Functions Of The CWSG. –
Rescission of Adoption shall have the following effects.
The CWSG shall have the following functions:
1. Restoration of parental authority of the adoptee’s biological
parent(s), if known or the legal custody of the Department 1. Match children for adoption;
of the adoptee if still a minor or incapacitated.
2. Implement an integrated system and network of selection
2. The reciprocal rights and obligations of the adopter(s) and and matching of applicants and children;
the adoptee to each other shall be extinguished.
3. Initiate, review and recommend changes in policies
3. Cancellation of the new birth certificate of the adoptee by concerning child placement and other matters related to
the Civil Registrar as ordered by the court and restoration child welfare;
of the adopter’s original birth certificate.
 4. Perform such other functions and duties as may be Office In Charge of Handling Violations. –
prescribed by the Department.
The CWSG, child caring/placing agency and every person who has
Article IX knowledge of any violation under the Act or related laws shall
Procedure for Rectification of Simulated Birth immediately report the same to the nearest police station, local
government unit or office of the Department who shall act thereon
within twenty-four (24) hours from receipt of the report. Any delay or
Section 41 negligence in acting on the violations shall be dealt with criminally
and administratively.
Procedure for Rectification. –
Failure of adopters to initiate legalization of the adoption of children
A person who has under his care and custody a child whose birth placed in their care and custody within six (6) months from the end of
registration has been simulated to make it appear that the child is supervised trial custody shall be considered an act not in the best
his/her own son or daughter shall file in the appropriate court an interest of the child.
application for correction of the birth registration and for adoption of
the child. For the purpose of availing of the benefit under Section 22 Article XIII
of the Act, said person shall initiate said proceedings within five (5) Violations and Penalties
years from the effectivity of the Act and shall thereafter complete
said proceedings wherein he/she shall prove that the simulation of
birth was made for the best interest of the child, and the child has Any person who shall violate any of the provisions of the act shall be
been consistently considered and treated as his/her own son/daughter. dealt with accordingly pursuant to Article VII Section 21 of the Act.
The Department shall conduct its own child and home study reports
through a licensed and duly accredited social worker to determine if Article XIV
said conditions exist. Final Provisions
In all cases of rectification of simulated birth and adoption of said
child, the Department shall secure a deed of voluntary commitment Section 45
executed by the child’s biological parent(s) or a judicial declaration
of abandonment transferring legal custody of the child to the Interpretation Of The Provisions Of The Rule. –
Department; Provided that if adoption by the person who has custody
of the child is recommended, said person shall retain custody of the Any doubt or ambiguity in the provisions of these Rules shall be
child unless the court decided otherwise. interpreted in the best interest of the child.

Any publication to determine the whereabouts of the child’s Section 46

biological parents and relatives shall be limited to the circumstances
at the time the child was found without revealing the present identity Repealing Clause. –
of the child and his/her current custodian. Any inquiries regarding the All rules and regulations, orders, resolutions, and parts thereof
child shall be directed to the Department. inconsistent with the provisions of this Rules are hereby repealed or
modified accordingly.
Article X
Registration of Birth Section 47
Separability Clause. –
Section 42
If for any reason, any section or provision of these Rules is declared
Registration of Birth. – unconstitutional or invalid, the other sections or provisions hereof
All hospitals, attending physicians and midwives in attendance at the which are not affected shall continue in full force and effect.
birth of a child shall register such birth of a child not later than 30
days from the date of said birth as required under the Civil Register Section 48
Law. Effectivity. –
Article XI These Rules shall take effect fifteen (15) days after its publication in
Confidentiality of Adoption Records two (2) newspapers of general circulation, except those which pertain
Section 43 to self-executing provision of this Act.
Confidentiality. –
All records, documents and court proceedings relating to the adoption
shall be confidential. No copy thereof shall be released without
determination that it is for reasons substantially connected with or
arising out of the adoption.
In such event, records and information shall be disclosed in a way
that will prevent persons who do not have a legitimate interest, from
learning the fact that a person has been adopted or, if that is revealed,
the identity of his/her biological parents.

Article XII
Reporting Violations

Section 44