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
Tenth Congress who is neglected, orphaned, or abandoned.

(c) It shall also be a State policy to:

(i) Safeguard the biological parent(s)

Republic Act No. 8552             February 25, from making hurried decisions to
1998 relinquish his/her parental authority
over his/her child;
AN ACT ESTABLISHING THE RULES AND
POLICIES ON THE DOMESTIC ADOPTION (ii) Prevent the child from unnecessary
OF FILIPINO CHILDREN AND FOR OTHER separation from his/her biological
PURPOSES parent(s);

Be it enacted by the Senate and House of (iii) Protect adoptive parent(s) from
Representatives of the Philippines in attempts to disturb his/her parental
Congress assembled: authority and custody over his/her
adopted child.
ARTICLE I
GENERAL PROVISIONS Any voluntary or involuntary
termination of parental authority shall
Section 1. Short Title. – This Act shall be be administratively or judicially
known as the "Domestic Adoption Act of declared so as to establish the status
1998." of the child as "legally available for
adoption" and his/her custody
Section 2. Declaration of Policies. – (a) It is transferred to the Department of
hereby declared the policy of the State to Social Welfare and Development or to
ensure that every child remains under the any duly licensed and accredited
care and custody of his/her parent(s) and be child-placing or child-caring agency,
provided with love, care, understanding and which entity shall be authorized to
security towards the full and harmonious take steps for the permanent
development of his/her personality. Only when placement of the child;
such efforts prove insufficient and no
appropriate placement or adoption within the (iv) Conduct public information and
child's extended family is available shall educational campaigns to promote a
adoption by an unrelated person be positive environment for adoption;
considered.
(v) Ensure that sufficient capacity
(b) In all matters relating to the care, custody exists within government and private
and adoption of a child, his/her interest shall sector agencies to handle adoption
be the paramount consideration in inquiries, process domestic adoption
accordance with the tenets set forth in the applications, and offer adoption-
United Nations (UN) Convention on the Rights related services including, but not
of the Child; UN Declaration on Social and limited to, parent preparation and
Legal Principles Relating to the Protection and post-adoption education and
Welfare of Children with Special Reference to counseling; and
Foster Placement and Adoption, Nationally
and Internationally; and the Hague
 (vi) Encourage domestic adoption so (g) "Department" refers to the
as to preserve the child's identity and Department of Social Welfare and
culture in his/her native land, and only Development.
when this is not available shall
intercountry adoption be considered (h) "Child-placing agency" is a duly
as a last resort. licensed and accredited agency by the
Department to provide comprehensive
Section 3. Definition of Terms. – For child welfare services including, but
purposes of this Act, the following terms shall not limited to, receiving applications
be defined as: for adoption, evaluating the
prospective adoptive parents, and
(a) "Child" is a person below eighteen preparing the adoption home study.
(18) years of age.
(i) "Child-caring agency" is a duly
(b) "A child legally available for licensed and accredited agency by the
adoption" refers to a child who has Department that provides twenty four
been voluntarily or involuntarily (24)-hour residential care services for
committed to the Department or to a abandoned, orphaned, neglected, or
duly licensed and accredited child- voluntarily committed children.
placing or child-caring agency, freed
of the parental authority of his/her (j) "Simulation of birth" is the
biological parent(s) or guardian or tampering of the civil registry making it
adopter(s) in case of rescission of appear in the birth records that a
adoption. certain child was born to a person who
is not his/her biological mother,
(c) "Voluntarily committed child" is one causing such child to lose his/her true
whose parent(s) knowingly and identity and status.
willingly relinquishes parental authority
to the Department. ARTICLE II
PRE-ADOPTION SERVICES
(d) "Involuntarily committed child" is
one whose parent(s), known or Section 4. Counseling Service. – The
unknown, has been permanently and Department shall provide the services of
judicially deprived of parental authority licensed social workers to the following:
due to abandonment; substantial,
continuous, or repeated neglect; (a) Biological Parent(s) – Counseling
abuse; or incompetence to discharge shall be provided to the parent(s)
parental responsibilities. before and after the birth of his/her
child. No binding commitment to an
(e) "Abandoned child" refers to one adoption plan shall be permitted
who has no proper parental care or before the birth of his/her child. A
guardianship or whose parent(s) has period of six (6) months shall be
deserted him/her for a period of at allowed for the biological parent(s) to
least six (6) continuous months and reconsider any decision to relinquish
has been judicially declared as such. his/her child for adoption before the
decision becomes irrevocable.
(f) "Supervised trial custody" is a Counseling and rehabilitation services
period of time within which a social shall also be offered to the biological
worker oversees the adjustment and parent(s) after he/she has relinquished
emotional readiness of both adopter(s) his/her child for adoption.
and adoptee in stabilizing their filial
relationship.
 Steps shall be taken by the a position to support and care for
Department to ensure that no hurried his/her children in keeping with the
decisions are made and all means of the family. The requirement
alternatives for the child's future and of sixteen (16) year difference
the implications of each alternative between the age of the adopter and
have been provided. adoptee may be waived when the
adopter is the biological parent of the
(b) Prospective Adoptive Parent(s) – adoptee, or is the spouse of the
Counseling sessions, adoption fora adoptee's parent;
and seminars, among others, shall be
provided to prospective adoptive (b) Any alien possessing the same
parent(s) to resolve possible adoption qualifications as above stated for
issues and to prepare him/her for Filipino nationals: Provided, That
effective parenting. his/her country has diplomatic
relations with the Republic of the
(c) Prospective Adoptee – Counseling Philippines, that he/she has been
sessions shall be provided to ensure living in the Philippines for at least
that he/she understands the nature three (3) continuous years prior to the
and effects of adoption and is able to filing of the application for adoption
express his/her views on adoption in and maintains such residence until the
accordance with his/her age and level adoption decree is entered, that
of maturity. he/she has been certified by his/her
diplomatic or consular office or any
Section 5. Location of Unknown appropriate government agency that
Parent(s). – It shall be the duty of the he/she has the legal capacity to adopt
Department or the child-placing or child-caring in his/her country, and that his/her
agency which has custody of the child to exert government allows the adoptee to
all efforts to locate his/her unknown biological enter his/her country as his/her
parent(s). If such efforts fail, the child shall be adopted son/daughter: Provided,
registered as a foundling and subsequently be Further, That the requirements on
the subject of legal proceedings where he/she residency and certification of the
shall be declared abandoned. alien's qualification to adopt in his/her
country may be waived for the
following:
Section 6. Support Services. – The
Department shall develop a pre-adoption
program which shall include, among others, (i) a former Filipino citizen who
the above mentioned services. seeks to adopt a relative within
the fourth (4th) degree of
consanguinity or affinity; or
ARTICLE III
ELIGIBILITY
(ii) one who seeks to adopt the
legitimate son/daughter of
Section 7. Who May Adopt. – The following
his/her Filipino spouse; or
may adopt:
(iii) one who is married to a
(a) Any Filipino citizen of legal age, in
Filipino citizen and seeks to
possession of full civil capacity and
adopt jointly with his/her
legal rights, of good moral character,
spouse a relative within the
has not been convicted of any crime
fourth (4th) degree of
involving moral turpitude, emotionally
consanguinity or affinity of the
and psychologically capable of caring
Filipino spouse; or
for children, at least sixteen (16) years
older than the adoptee, and who is in
 (c) The guardian with respect to the (f) A child whose biological or adoptive
ward after the termination of the parent(s) has died: Provided, That no
guardianship and clearance of his/her proceedings shall be initiated within
financial accountabilities. six (6) months from the time of death
of said parent(s).
Husband and wife shall jointly adopt, except in
the following cases: Section 9. Whose Consent is Necessary to
the Adoption. – After being properly
(i) if one spouse seeks to adopt the counseled and informed of his/her right to give
legitimate son/daughter of the other; or withhold his/her approval of the adoption,
or the written consent of the following to the
adoption is hereby required:
(ii) if one spouse seeks to adopt
his/her own illegitimate son/daughter: (a) The adoptee, if ten (10) years of
Provided, However, that the other age or over;
spouse has signified his/her consent
thereto; or (b) The biological parent(s) of the
child, if known, or the legal guardian,
(iii) if the spouses are legally or the proper government
separated from each other. instrumentality which has legal
custody of the child;
In case husband and wife jointly adopt, or one
spouse adopts the illegitimate son/daughter of (c) The legitimate and adopted
the other, joint parental authority shall be sons/daughters, ten (10) years of age
exercised by the spouses. or over, of the adopter(s) and adoptee,
if any;
Section 8. Who May Be Adopted. – The
following may be adopted: (d) The illegitimate sons/daughters,
ten (10) years of age or over, of the
(a) Any person below eighteen (18) adopter if living with said adopter and
years of age who has been the latter's spouse, if any; and
administratively or judicially declared
available for adoption; (e) The spouse, if any, of the person
adopting or to be adopted.
(b) The legitimate son/daughter of one
spouse by the other spouse; ARTICLE IV
PROCEDURE
(c) An illegitimate son/daughter by a
qualified adopter to improve his/her Section 10. Hurried Decisions. – In all
status to that of legitimacy; proceedings for adoption, the court shall
require proof that the biological parent(s) has
(d) A person of legal age if, prior to the been properly counseled to prevent him/her
adoption, said person has been from making hurried decisions caused by
consistently considered and treated by strain or anxiety to give up the child, and to
the adopter(s) as his/her own child sustain that all measures to strengthen the
since minority; 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
(e) A child whose adoption has been
interest.
previously rescinded; or
Section 11. Case Study. – No petition for
adoption shall be set for hearing unless a
licensed social worker of the Department, the except for those enumerated in Sec. 7 (b) (i)
social service office of the local government (ii) (iii).
unit, or any child-placing or child-caring
agency has made a case study of the If the child is below seven (7) years of age
adoptee, his/her biological parent(s), as well and is placed with the prospective adopter(s)
as the adopter(s), and has submitted the through a pre-adoption placement authority
report and recommendations on the matter to issued by the Department, the prospective
the court hearing such petition. adopter(s) shall enjoy all the benefits to which
biological parent(s) is entitled from the date
At the time of preparation of the adoptee's the adoptee is placed with the prospective
case study, the concerned social worker shall adopter(s).
confirm with the Civil Registry the real identity
and registered name of the adoptee. If the Section 13. Decree of Adoption. – If, after
birth of the adoptee was not registered with the publication of the order of hearing has
the Civil Registry, it shall be the responsibility been complied with, and no opposition has
of the concerned social worker to ensure that been interposed to the petition, and after
the adoptee is registered. consideration of the case studies, the
qualifications of the adopter(s), trial custody
The case study on the adoptee shall establish report and the evidence submitted, the court
that he/she is legally available for adoption is convinced that the petitioners are qualified
and that the documents to support this fact to adopt, and that the adoption would redound
are valid and authentic. Further, the case to the best interest of the adoptee, a decree of
study of the adopter(s) shall ascertain his/her adoption shall be entered which shall be
genuine intentions and that the adoption is in effective as of the date the original petition
the best interest of the child. was filed. This provision shall also apply in
case the petitioner(s) dies before the issuance
The Department shall intervene on behalf of of the decree of adoption to protect the
the adoptee if it finds, after the conduct of the interest of the adoptee. The decree shall state
case studies, that the petition should be the name by which the child is to be known.
denied. The case studies and other relevant
documents and records pertaining to the Section 14. Civil Registry Record. – An
adoptee and the adoption shall be preserved amended certificate of birth shall be issued by
by the Department. the Civil Registry, as required by the Rules of
Court, attesting to the fact that the adoptee is
Section 12. Supervised Trial Custody. – No the child of the adopter(s) by being registered
petition for adoption shall be finally granted with his/her surname. The original certificate
until the adopter(s) has been given by the of birth shall be stamped "cancelled" with the
court a supervised trial custody period for at annotation of the issuance of an amended
least six (6) months within which the parties birth certificate in its place and shall be sealed
are expected to adjust psychologically and in the civil registry records. The new birth
emotionally to each other and establish a certificate to be issued to the adoptee shall
bonding relationship. During said period, not bear any notation that it is an amended
temporary parental authority shall be vested in issue.
the adopter(s).
Section 15. Confidential Nature of
The court may motu proprio or upon motion of Proceedings and Records. – All hearings in
any party reduce the trial period if it finds the adoption cases shall be confidential and shall
same to be in the best interest of the adoptee, not be open to the public. All records, books,
stating the reasons for the reduction of the and papers relating to the adoption cases in
period. However, for alien adopter(s), he/she the files of the court, the Department, or any
must complete the six (6)-month trial custody other agency or institution participating in the
adoption proceedings shall be kept strictly undergone counseling; (b) attempt on the life
confidential. of the adoptee; (c) sexual assault or violence;
or (d) abandonment and failure to comply with
If the court finds that the disclosure of the parental obligations.
information to a third person is necessary for
purposes connected with or arising out of the Adoption, being in the best interest of the
adoption and will be for the best interest of the child, shall not be subject to rescission by the
adoptee, the court may merit the necessary adopter(s). However, the adopter(s) may
information to be released, restricting the disinherit the adoptee for causes provided in
purposes for which it may be used. Article 919 of the Civil Code.

ARTICLE V Section 20. Effects of Rescission. – If the

EFFECTS OF ADOPTION petition is granted, the parental authority of
the adoptee's biological parent(s), if known, or
Section 16. Parental Authority. – Except in the legal custody of the Department shall be
cases where the biological parent is the restored if the adoptee is still a minor or
spouse of the adopter, all legal ties between incapacitated. The reciprocal rights and
the biological parent(s) and the adoptee shall obligations of the adopter(s) and the adoptee
be severed and the same shall then be vested to each other shall be extinguished.
on the adopter(s).
The court shall order the Civil Registrar to
Section 17. Legitimacy. – The adoptee shall cancel the amended certificate of birth of the
be considered the legitimate son/daughter of adoptee and restore his/her original birth
the adopter(s) for all intents and purposes and certificate.
as such is entitled to all the rights and
obligations provided by law to legitimate Succession rights shall revert to its status
sons/daughters born to them without prior to adoption, but only as of the date of
discrimination of any kind. To this end, the judgment of judicial rescission. Vested rights
adoptee is entitled to love, guidance, and acquired prior to judicial rescission shall be
support in keeping with the means of the respected.
family.
All the foregoing effects of rescission of
Section 18. Succession. – In legal and adoption shall be without prejudice to the
intestate succession, the adopter(s) and the penalties imposable under the Penal Code if
adoptee shall have reciprocal rights of the criminal acts are properly proven.
succession without distinction from legitimate
filiation. However, if the adoptee and his/her ARTICLE VII
biological parent(s) had left a will, the law on VIOLATIONS AND PENALTIES
testamentary succession shall govern.
Section 21. Violations and Penalties. – (a)
ARTICLE VI The penalty of imprisonment ranging from six
RESCISSION OF ADOPTION (6) years and one (1) day to twelve (12) years
and/or a fine not less than Fifty thousand
Section 19. Grounds for Rescission of pesos (P50,000.00), but not more than Two
Adoption. – Upon petition of the adoptee, hundred thousand pesos (P200,000.00) at the
with the assistance of the Department if a discretion of the court shall be imposed on
minor or if over eighteen (18) years of age but any person who shall commit any of the
is incapacitated, as guardian/counsel, the following acts:
adoption may be rescinded on any of the
following grounds committed by the (i) obtaining consent for an adoption
adopter(s): (a) repeated physical and verbal through coercion, undue influence,
maltreatment by the adopter(s) despite having
 fraud, improper material inducement, group of three (3) or more persons conspiring
or other similar acts; and/or confederating with one another in
carrying out any of the unlawful acts defined
(ii) non-compliance with the under this Article. Penalties as are herein
procedures and safeguards provided provided, shall be in addition to any other
by the law for adoption; or penalties which may be imposed for the same
acts punishable under other laws, ordinances,
(iii) subjecting or exposing the child to executive orders, and proclamations.
be adopted to danger, abuse, or
exploitation. When the offender is an alien, he/she shall be
deported immediately after service of
(b) Any person who shall cause the fictitious sentence and perpetually excluded from entry
registration of the birth of a child under the to the country.
name(s) of a person(s) who is not his/her
biological parent(s) shall be guilty of Any government official, employee or
simulation of birth, and shall be punished by functionary who shall be found guilty of
prision mayor in its medium period and a fine violating any of the provisions of this Act, or
not exceeding Fifty thousand pesos who shall conspire with private individuals
(P50,000.00). shall, in addition to the above-prescribed
penalties, be penalized in accordance with
Any physician or nurse or hospital personnel existing civil service laws, rules and
who, in violation of his/her oath of office, shall regulations: Provided, That upon the filing of a
cooperate in the execution of the case, either administrative or criminal, said
abovementioned crime shall suffer the government official, employee, or functionary
penalties herein prescribed and also the concerned shall automatically suffer
penalty of permanent disqualification. suspension until the resolution of the case.

Any person who shall violate established Section 22. Rectification of Simulated

regulations relating to the confidentiality and Births. – A person who has, prior to the
integrity of records, documents, and effectivity of this Act, simulated the birth of a
communications of adoption applications, child shall not be punished for such
cases, and processes shall suffer the penalty act: Provided, That the simulation of birth was
of imprisonment ranging from one (1) year made for the best interest of the child and that
and one (1) day to two (2) years, and/or a fine he/she has been consistently considered and
of not less than Five thousand pesos treated by that person as his/her own
(P5,000.00) but not more than Ten thousand son/daughter: Provided, further, That the
pesos (P10,000.00), at the discretion of the application for correction of the birth
court. registration and petition for adoption shall be
filed within five (5) years from the effectivity of
this Act and completed thereafter: Provided,
A penalty lower by two (2) degrees than that
finally, That such person complies with the
prescribed for the consummated offense
procedure as specified in Article IV of this Act
under this Article shall be imposed upon the
and other requirements as determined by the
principals of the attempt to commit any of the
Department.
acts herein enumerated. Acts punishable
under this Article, when committed by a
syndicate or where it involves two (2) or more ARTICLE VIII
children shall be considered as an offense FINAL PROVISIONS
constituting child trafficking and shall merit the
penalty of reclusion perpetua. Section 23. Adoption Resource and
Referral Office. – There shall be established
Acts punishable under this Article are deemed an Adoption Resources and Referral Office
committed by a syndicate if carried out by a under the Department with the following
functions: (a) monitor the existence, number, Approved: February 25, 1998
and flow of children legally available for
adoption and prospective adopter(s) so as to
facilitate their matching; (b) maintain a
nationwide information and educational
campaign on domestic adoption; (c) keep
records of adoption proceedings; (d) generate
resources to help child-caring and child-
placing agencies and foster homes maintain
viability; and (e) do policy research in
collaboration with the Intercountry Adoption
Board and other concerned agencies. The
office shall be manned by adoption experts
from the public and private sectors.

Section 24. Implementing Rules and

Regulations. – Within six (6) months from the
promulgation of this Act, the Department, with
the Council for the Welfare of Children, the
Office of Civil Registry General, the
Department of Justice, Office of the Solicitor
General, and two (2) private individuals
representing child-placing and child-caring
agencies shall formulate the necessary
guidelines to make the provisions of this Act
operative.

Section 25. Appropriations. – Such sum as

may be necessary for the implementation of
the provisions of this Act shall be included in
the General Appropriations Act of the year
following its enactment into law and thereafter.

Section 26. Repealing Clause. – Any law,

presidential decree or issuance, executive
order, letter of instruction, administrative
order, rule, or regulation contrary to, or
inconsistent with the provisions of this Act is
hereby repealed, modified, or amended
accordingly.

Section 27. Separability Clause. – If any

provision of this Act is held invalid or
unconstitutional, the other provisions not
affected thereby shall remain valid and
subsisting.

Section 28. Effectivity Clause. – This Act

shall take effect fifteen (15) days following its
complete publication in any newspaper of
general circulation or in the Official Gazette.