Republic Act No.

8552 February 25, 1998 (iii) Protect adoptive parent(s) from attempts to disturb his/her
parental authority and custody over his/her adopted child.
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE
DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER Any voluntary or involuntary termination of parental authority shall
PURPOSES be administratively or judicially declared so as to establish the
status of the child as "legally available for adoption" and his/her
Be it enacted by the Senate and House of Representatives of the custody transferred to the Department of Social Welfare and
Philippines in Congress assembled: Development or to any duly licensed and accredited child-placing
or child-caring agency, which entity shall be authorized to take
ARTICLE I steps for the permanent placement of the child;
GENERAL PROVISIONS
(iv) Conduct public information and educational campaigns to
Section 1. Short Title. – This Act shall be known as the "Domestic promote a positive environment for adoption;
Adoption Act of 1998."
(v) Ensure that sufficient capacity exists within government and
Section 2. Declaration of Policies. – (a) It is hereby declared the policy private sector agencies to handle adoption inquiries, process
of the State to ensure that every child remains under the care and custody domestic adoption applications, and offer adoption-related
of his/her parent(s) and be provided with love, care, understanding and services including, but not limited to, parent preparation and post-
security towards the full and harmonious development of his/her adoption education and counseling; and
personality. Only when such efforts prove insufficient and no appropriate
placement or adoption within the child's extended family is available shall (vi) Encourage domestic adoption so as to preserve the child's
adoption by an unrelated person be considered. identity and culture in his/her native land, and only when this is not
available shall intercountry adoption be considered as a last resort.
(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 Section 3. Definition of Terms. – For purposes of this Act, the following
the tenets set forth in the United Nations (UN) Convention on the Rights of terms shall be defined as:
the Child; UN Declaration on Social and Legal Principles Relating to the
Protection and Welfare of Children with Special Reference to Foster (a) "Child" is a person below eighteen (18) years of age.
Placement and Adoption, Nationally and Internationally; and the Hague
Convention on the Protection of Children and Cooperation in Respect of (b) "A child legally available for adoption" refers to a child who has
Intercountry Adoption. Toward this end, the State shall provide alternative been voluntarily or involuntarily committed to the Department or to
protection and assistance through foster care or adoption for every child a duly licensed and accredited child-placing or child-caring agency,
who is neglected, orphaned, or abandoned. freed of the parental authority of his/her biological parent(s) or
guardian or adopter(s) in case of rescission of adoption.
(c) It shall also be a State policy to:
(c) "Voluntarily committed child" is one whose parent(s) knowingly
(i) Safeguard the biological parent(s) from making hurried and willingly relinquishes parental authority to the Department.
decisions to relinquish his/her parental authority over his/her child;
(d) "Involuntarily committed child" is one whose parent(s), known
(ii) Prevent the child from unnecessary separation from his/her or unknown, has been permanently and judicially deprived of
biological parent(s); 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 Steps shall be taken by the Department to ensure that no hurried
care or guardianship or whose parent(s) has deserted him/her for decisions are made and all alternatives for the child's future and
a period of at least six (6) continuous months and has been the implications of each alternative have been provided.
judicially declared as such.
(b) Prospective Adoptive Parent(s) – Counseling sessions,
(f) "Supervised trial custody" is a period of time within which a adoption fora and seminars, among others, shall be provided to
social worker oversees the adjustment and emotional readiness of prospective adoptive parent(s) to resolve possible adoption issues
both adopter(s) and adoptee in stabilizing their filial relationship. and to prepare him/her for effective parenting.

(g) "Department" refers to the Department of Social Welfare and (c) Prospective Adoptee – Counseling sessions shall be provided
Development. to ensure that he/she understands the nature and effects of
adoption and is able to express his/her views on adoption in
(h) "Child-placing agency" is a duly licensed and accredited accordance with his/her age and level of maturity.
agency by the Department to provide comprehensive child welfare
services including, but not limited to, receiving applications for Section 5. Location of Unknown Parent(s). – It shall be the duty of the
adoption, evaluating the prospective adoptive parents, and Department or the child-placing or child-caring agency which has custody
preparing the adoption home study. 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
(i) "Child-caring agency" is a duly licensed and accredited agency subsequently be the subject of legal proceedings where he/she shall be
by the Department that provides twenty four (24)-hour residential declared abandoned.
care services for abandoned, orphaned, neglected, or voluntarily
committed children. Section 6. Support Services. – The Department shall develop a pre-
adoption program which shall include, among others, the above mentioned
(j) "Simulation of birth" is the tampering of the civil registry making services.
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 ARTICLE III
lose his/her true identity and status. ELIGIBILITY

ARTICLE II Section 7. Who May Adopt. – The following may adopt:

PRE-ADOPTION SERVICES
(a) Any Filipino citizen of legal age, in possession of full civil
Section 4. Counseling Service. – The Department shall provide the capacity and legal rights, of good moral character, has not been
services of licensed social workers to the following: convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least sixteen (16)
(a) Biological Parent(s) – Counseling shall be provided to the years older than the adoptee, and who is in a position to support
parent(s) before and after the birth of his/her child. No binding and care for his/her children in keeping with the means of the
commitment to an adoption plan shall be permitted before the birth family. The requirement of sixteen (16) year difference between the
of his/her child. A period of six (6) months shall be allowed for the age of the adopter and adoptee may be waived when the adopter
biological parent(s) to reconsider any decision to relinquish his/her is the biological parent of the adoptee, or is the spouse of the
child for adoption before the decision becomes irrevocable. adoptee's parent;
Counseling and rehabilitation services shall also be offered to the
biological parent(s) after he/she has relinquished his/her child for (b) Any alien possessing the same qualifications as above stated
adoption. for Filipino nationals: Provided, That his/her country has diplomatic
 relations with the Republic of the Philippines, that he/she has been (a) Any person below eighteen (18) years of age who has been
living in the Philippines for at least three (3) continuous years prior administratively or judicially declared available for adoption;
to the filing of the application for adoption and maintains such
residence until the adoption decree is entered, that he/she has (b) The legitimate son/daughter of one spouse by the other spouse;
been certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal capacity (c) An illegitimate son/daughter by a qualified adopter to improve
to adopt in his/her country, and that his/her government allows the his/her status to that of legitimacy;
adoptee to enter his/her country as his/her adopted
son/daughter: Provided, Further, That the requirements on
(d) A person of legal age if, prior to the adoption, said person has
residency and certification of the alien's qualification to adopt in
been consistently considered and treated by the adopter(s) as
his/her country may be waived for the following:
his/her own child since minority;
(i) a former Filipino citizen who seeks to adopt a relative
(e) A child whose adoption has been previously rescinded; or
within the fourth (4th) degree of consanguinity or affinity; or
(f) A child whose biological or adoptive parent(s) has
(ii) one who seeks to adopt the legitimate son/daughter of
died: Provided, That no proceedings shall be initiated within six (6)
his/her Filipino spouse; or
months from the time of death of said parent(s).
(iii) one who is married to a Filipino citizen and seeks to
Section 9. Whose Consent is Necessary to the Adoption. – After being
adopt jointly with his/her spouse a relative within the fourth
properly counseled and informed of his/her right to give or withhold his/her
(4th) degree of consanguinity or affinity of the Filipino
approval of the adoption, the written consent of the following to the
spouse; or
adoption is hereby required:
(c) The guardian with respect to the ward after the termination of
(a) The adoptee, if ten (10) years of age or over;
the guardianship and clearance of his/her financial
accountabilities.
(b) The biological parent(s) of the child, if known, or the legal
guardian, or the proper government instrumentality which has legal
Husband and wife shall jointly adopt, except in the following cases:
custody of the child;
(i) if one spouse seeks to adopt the legitimate son/daughter of the
(c) The legitimate and adopted sons/daughters, ten (10) years of
other; or
age or over, of the adopter(s) and adoptee, if any;
(ii) if one spouse seeks to adopt his/her own illegitimate
(d) The illegitimate sons/daughters, ten (10) years of age or over,
son/daughter: Provided, However, that the other spouse has
of the adopter if living with said adopter and the latter's spouse, if
signified his/her consent thereto; or
any; and
(iii) if the spouses are legally separated from each other.
(e) The spouse, if any, of the person adopting or to be adopted.
In case husband and wife jointly adopt, or one spouse adopts the
ARTICLE IV
illegitimate son/daughter of the other, joint parental authority shall be
PROCEDURE
exercised by the spouses.

Section 8. Who May Be Adopted. – The following may be adopted:

Section 10. Hurried Decisions. – In all proceedings for adoption, the If the child is below seven (7) years of age and is placed with the
court shall require proof that the biological parent(s) has been properly prospective adopter(s) through a pre-adoption placement authority issued
counseled to prevent him/her from making hurried decisions caused by by the Department, the prospective adopter(s) shall enjoy all the benefits
strain or anxiety to give up the child, and to sustain that all measures to to which biological parent(s) is entitled from the date the adoptee is placed
strengthen the family have been exhausted and that any prolonged stay of with the prospective adopter(s).
the child in his/her own home will be inimical to his/her welfare and interest.
Section 13. Decree of Adoption. – If, after the publication of the order of
Section 11. Case Study. – No petition for adoption shall be set for hearing hearing has been complied with, and no opposition has been interposed to
unless a licensed social worker of the Department, the social service office the petition, and after consideration of the case studies, the qualifications
of the local government unit, or any child-placing or child-caring agency of the adopter(s), trial custody report and the evidence submitted, the court
has made a case study of the adoptee, his/her biological parent(s), as well is convinced that the petitioners are qualified to adopt, and that the
as the adopter(s), and has submitted the report and recommendations on adoption would redound to the best interest of the adoptee, a decree of
the matter to the court hearing such petition. 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)
At the time of preparation of the adoptee's case study, the concerned social dies before the issuance of the decree of adoption to protect the interest of
worker shall confirm with the Civil Registry the real identity and registered the adoptee. The decree shall state the name by which the child is to be
name of the adoptee. If the birth of the adoptee was not registered with the known.
Civil Registry, it shall be the responsibility of the concerned social worker
to ensure that the adoptee is registered. Section 14. Civil Registry Record. – An amended certificate of birth shall
be issued by the Civil Registry, as required by the Rules of Court, attesting
The case study on the adoptee shall establish that he/she is legally to the fact that the adoptee is the child of the adopter(s) by being registered
available for adoption and that the documents to support this fact are valid with his/her surname. The original certificate of birth shall be
and authentic. Further, the case study of the adopter(s) shall ascertain stamped "cancelled" with the annotation of the issuance of an amended
his/her genuine intentions and that the adoption is in the best interest of birth certificate in its place and shall be sealed in the civil registry records.
the child. The new birth certificate to be issued to the adoptee shall not bear any
notation that it is an amended issue.
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 Section 15. Confidential Nature of Proceedings and Records. – All
case studies and other relevant documents and records pertaining to the hearings in adoption cases shall be confidential and shall not be open to
adoptee and the adoption shall be preserved by the Department. 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
Section 12. Supervised Trial Custody. – No petition for adoption shall be participating in the adoption proceedings shall be kept strictly confidential.
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 If the court finds that the disclosure of the information to a third person is
expected to adjust psychologically and emotionally to each other and necessary for purposes connected with or arising out of the adoption and
establish a bonding relationship. During said period, temporary parental will be for the best interest of the adoptee, the court may merit the
authority shall be vested in the adopter(s). necessary information to be released, restricting the purposes for which it
may be used.
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 ARTICLE V
the reasons for the reduction of the period. However, for alien adopter(s), EFFECTS OF ADOPTION
he/she must complete the six (6)-month trial custody except for those
enumerated in Sec. 7 (b) (i) (ii) (iii).
Section 16. Parental Authority. – Except in cases where the biological Succession rights shall revert to its status prior to adoption, but only as of
parent is the spouse of the adopter, all legal ties between the biological the date of judgment of judicial rescission. Vested rights acquired prior to
parent(s) and the adoptee shall be severed and the same shall then be judicial rescission shall be respected.
vested on the adopter(s).
All the foregoing effects of rescission of adoption shall be without prejudice
Section 17. Legitimacy. – The adoptee shall be considered the legitimate to the penalties imposable under the Penal Code if the criminal acts are
son/daughter of the adopter(s) for all intents and purposes and as such is properly proven.
entitled to all the rights and obligations provided by law to legitimate
sons/daughters born to them without discrimination of any kind. To this ARTICLE VII
end, the adoptee is entitled to love, guidance, and support in keeping with VIOLATIONS AND PENALTIES
the means of the family.
Section 21. Violations and Penalties. – (a) The penalty of imprisonment
Section 18. Succession. – In legal and intestate succession, the ranging from six (6) years and one (1) day to twelve (12) years and/or a
adopter(s) and the adoptee shall have reciprocal rights of succession fine not less than Fifty thousand pesos (P50,000.00), but not more than
without distinction from legitimate filiation. However, if the adoptee and Two hundred thousand pesos (P200,000.00) at the discretion of the court
his/her biological parent(s) had left a will, the law on testamentary shall be imposed on any person who shall commit any of the following acts:
succession shall govern.
(i) obtaining consent for an adoption through coercion, undue
ARTICLE VI influence, fraud, improper material inducement, or other similar
RESCISSION OF ADOPTION acts;

Section 19. Grounds for Rescission of Adoption. – Upon petition of the (ii) non-compliance with the procedures and safeguards provided
adoptee, with the assistance of the Department if a minor or if over by the law for adoption; or
eighteen (18) years of age but is incapacitated, as guardian/counsel, the
adoption may be rescinded on any of the following grounds committed by (iii) subjecting or exposing the child to be adopted to danger,
the adopter(s): (a) repeated physical and verbal maltreatment by the abuse, or exploitation.
adopter(s) despite having undergone counseling; (b) attempt on the life of
the adoptee; (c) sexual assault or violence; or (d) abandonment and failure
(b) Any person who shall cause the fictitious registration of the birth of a
to comply with parental obligations.
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
Adoption, being in the best interest of the child, shall not be subject to prision mayor in its medium period and a fine not exceeding Fifty thousand
rescission by the adopter(s). However, the adopter(s) may disinherit the pesos (P50,000.00).
adoptee for causes provided in Article 919 of the Civil Code.
Any physician or nurse or hospital personnel who, in violation of his/her
Section 20. Effects of Rescission. – If the petition is granted, the parental oath of office, shall cooperate in the execution of the abovementioned
authority of the adoptee's biological parent(s), if known, or the legal crime shall suffer the penalties herein prescribed and also the penalty of
custody of the Department shall be restored if the adoptee is still a minor permanent disqualification.
or incapacitated. The reciprocal rights and obligations of the adopter(s) and
the adoptee to each other shall be extinguished.
Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents, and communications of
The court shall order the Civil Registrar to cancel the amended certificate adoption applications, cases, and processes shall suffer the penalty of
of birth of the adoptee and restore his/her original birth certificate. 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 Section 23. Adoption Resource and Referral Office. – There shall be
more than Ten thousand pesos (P10,000.00), at the discretion of the court. established an Adoption Resources and Referral Office under the
Department with the following functions: (a) monitor the existence, number,
A penalty lower by two (2) degrees than that prescribed for the and flow of children legally available for adoption and prospective
consummated offense under this Article shall be imposed upon the adopter(s) so as to facilitate their matching; (b) maintain a nationwide
principals of the attempt to commit any of the acts herein enumerated. Acts information and educational campaign on domestic adoption; (c) keep
punishable under this Article, when committed by a syndicate or where it records of adoption proceedings; (d) generate resources to help child-
involves two (2) or more children shall be considered as an offense caring and child-placing agencies and foster homes maintain viability; and
constituting child trafficking and shall merit the penalty of reclusion (e) do policy research in collaboration with the Intercountry Adoption Board
perpetua. and other concerned agencies. The office shall be manned by adoption
experts from the public and private sectors.
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 Section 24. Implementing Rules and Regulations. – Within six (6)
confederating with one another in carrying out any of the unlawful acts months from the promulgation of this Act, the Department, with the Council
defined under this Article. Penalties as are herein provided, shall be in for the Welfare of Children, the Office of Civil Registry General, the
addition to any other penalties which may be imposed for the same acts Department of Justice, Office of the Solicitor General, and two (2) private
punishable under other laws, ordinances, executive orders, and individuals representing child-placing and child-caring agencies shall
proclamations. formulate the necessary guidelines to make the provisions of this Act
operative.
When the offender is an alien, he/she shall be deported immediately after
service of sentence and perpetually excluded from entry to the country. Section 25. Appropriations. – Such sum as may be necessary for the
implementation of the provisions of this Act shall be included in the General
Any government official, employee or functionary who shall be found guilty Appropriations Act of the year following its enactment into law and
of violating any of the provisions of this Act, or who shall conspire with thereafter.
private individuals shall, in addition to the above-prescribed penalties, be
penalized in accordance with existing civil service laws, rules and Section 26. Repealing Clause. – Any law, presidential decree or
regulations: Provided, That upon the filing of a case, either administrative issuance, executive order, letter of instruction, administrative order, rule,
or criminal, said government official, employee, or functionary concerned or regulation contrary to, or inconsistent with the provisions of this Act is
shall automatically suffer suspension until the resolution of the case. hereby repealed, modified, or amended accordingly.

Section 22. Rectification of Simulated Births. – A person who has, prior Section 27. Separability Clause. – If any provision of this Act is held
to the effectivity of this Act, simulated the birth of a child shall not be invalid or unconstitutional, the other provisions not affected thereby shall
punished for such act: Provided, That the simulation of birth was made for remain valid and subsisting.
the best interest of the child and that he/she has been consistently
considered and treated by that person as his/her own Section 28. Effectivity Clause. – This Act shall take effect fifteen (15)
son/daughter: Provided, further, That the application for correction of the days following its complete publication in any newspaper of general
birth registration and petition for adoption shall be filed within five (5) years circulation or in the Official Gazette.
from the effectivity of this Act and completed thereafter: Provided,
finally, That such person complies with the procedure as specified in Article Approved: February 25, 1998
IV of this Act and other requirements as determined by the Department.

ARTICLE VIII
FINAL PROVISIONS