Republic of the Philippines (i) Safeguard the biological parent(s) from making hurried

Congress of the Philippines decisions to relinquish his/her parental authority over his/her
Metro Manila child;
Tenth Congress
(ii) Prevent the child from unnecessary separation from his/her
Republic Act No. 8552 February 25, 1998 biological parent(s);

AN ACT ESTABLISHING THE RULES AND POLICIES ON THE (iii) Protect adoptive parent(s) from attempts to disturb his/her
DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER parental authority and custody over his/her adopted child.
PURPOSES
Any voluntary or involuntary termination of parental authority
Be it enacted by the Senate and House of Representatives of the shall be administratively or judicially declared so as to establish
Philippines in Congress assembled:: the status of the child as "legally available for adoption" and
his/her custody transferred to the Department of Social Welfare
ARTICLE I and Development or to any duly licensed and accredited child-
GENERAL PROVISIONS placing or child-caring agency, which entity shall be authorized
to take steps for the permanent placement of the child;
Section 1. Short Title. This Act shall be known as the "Domestic
Adoption Act of 1998." (iv) Conduct public information and educational campaigns to
promote a positive environment for adoption;
Section 2. Declaration of Policies. (a) It is hereby declared the
policy of the State to ensure that every child remains under the care (v) Ensure that sufficient capacity exists within government and
and custody of his/her parent(s) and be provided with love, care, private sector agencies to handle adoption inquiries, process
understanding and security towards the full and harmonious domestic adoption applications, and offer adoption-related
development of his/her personality. Only when such efforts prove services including, but not limited to, parent preparation and
insufficient and no appropriate placement or adoption within the child's post-adoption education and counseling; and
extended family is available shall adoption by an unrelated person be
considered. (vi) Encourage domestic adoption so as to preserve the child's
identity and culture in his/her native land, and only when this is
(b) In all matters relating to the care, custody and adoption of a child, not available shall intercountry adoption be considered as a last
his/her interest shall be the paramount consideration in accordance with resort.
the tenets set forth in the United Nations (UN) Convention on the Rights
of the Child; UN Declaration on Social and Legal Principles Relating to Section 3. Definition of Terms. For purposes of this Act, the
the Protection and Welfare of Children with Special Reference to Foster following terms shall be defined as:
Placement and Adoption, Nationally and Internationally; and the Hague
Convention on the Protection of Children and Cooperation in Respect of (a) "Child" is a person below eighteen (18) years of age.
Intercountry Adoption. Toward this end, the State shall provide
alternative protection and assistance through foster care or adoption for
every child who is neglected, orphaned, or abandoned. (b) "A child legally available for adoption" refers to a child who
has been voluntarily or involuntarily committed to the
Department or to a duly licensed and accredited child-placing or
(c) It shall also be a State policy to: child-caring agency, freed of the parental authority of his/her

1
biological parent(s) or guardian or adopter(s) in case of ARTICLE II
rescission of adoption. PRE-ADOPTION SERVICES

(c) "Voluntarily committed child" is one whose parent(s) Section 4. Counseling Service. The Department shall provide the
knowingly and willingly relinquishes parental authority to the services of licensed social workers to the following:
Department.
(a) Biological Parent(s) Counseling shall be provided to the
(d) "Involuntarily committed child" is one whose parent(s), parent(s) before and after the birth of his/her child. No binding
known or unknown, has been permanently and judicially commitment to an adoption plan shall be permitted before the
deprived of parental authority due to abandonment; substantial, birth of his/her child. A period of six (6) months shall be allowed
continuous, or repeated neglect; abuse; or incompetence to for the biological parent(s) to reconsider any decision to
discharge parental responsibilities. relinquish his/her child for adoption before the decision becomes
irrevocable. Counseling and rehabilitation services shall also be
(e) "Abandoned child" refers to one who has no proper parental offered to the biological parent(s) after he/she has relinquished
care or guardianship or whose parent(s) has deserted him/her for his/her child for adoption.
a period of at least six (6) continuous months and has been
judicially declared as such. Steps shall be taken by the Department to ensure that no
hurried decisions are made and all alternatives for the child's
(f) "Supervised trial custody" is a period of time within which a future and the implications of each alternative have been
social worker oversees the adjustment and emotional readiness provided.
of both adopter(s) and adoptee in stabilizing their filial
relationship. (b) Prospective Adoptive Parent(s) Counseling sessions,
adoption fora and seminars, among others, shall be provided to
(g) "Department" refers to the Department of Social Welfare and prospective adoptive parent(s) to resolve possible adoption
Development. issues and to prepare him/her for effective parenting.

(h) "Child-placing agency" is a duly licensed and accredited (c) Prospective Adoptee Counseling sessions shall be provided
agency by the Department to provide comprehensive child to ensure that he/she understands the nature and effects of
welfare services including, but not limited to, receiving adoption and is able to express his/her views on adoption in
applications for adoption, evaluating the prospective adoptive accordance with his/her age and level of maturity.
parents, and preparing the adoption home study.
Section 5. Location of Unknown Parent(s). It shall be the duty of
(i) "Child-caring agency" is a duly licensed and accredited the Department or the child-placing or child-caring agency which has
agency by the Department that provides twenty four (24)-hour custody of the child to exert all efforts to locate his/her unknown
residential care services for abandoned, orphaned, neglected, or biological parent(s). If such efforts fail, the child shall be registered as a
voluntarily committed children. foundling and subsequently be the subject of legal proceedings where
he/she shall be declared abandoned.
(j) "Simulation of birth" is the tampering of the civil registry
making it appear in the birth records that a certain child was Section 6. Support Services. The Department shall develop a pre-
born to a person who is not his/her biological mother, causing adoption program which shall include, among others, the above
such child to lose his/her true identity and status. mentioned services.

2
ARTICLE III (c) The guardian with respect to the ward after the termination of
ELIGIBILITY the guardianship and clearance of his/her financial
accountabilities.
Section 7. Who May Adopt. The following may adopt:
Husband and wife shall jointly adopt, except in the following cases:
(a) Any Filipino citizen of legal age, in possession of full civil
capacity and legal rights, of good moral character, has not been (i) if one spouse seeks to adopt the legitimate son/daughter of
convicted of any crime involving moral turpitude, emotionally the other; or
and psychologically capable of caring for children, at least
sixteen (16) years older than the adoptee, and who is in a (ii) if one spouse seeks to adopt his/her own illegitimate
position to support and care for his/her children in keeping with son/daughter: Provided, However, that the other spouse has
the means of the family. The requirement of sixteen (16) year signified his/her consent thereto; or
difference between the age of the adopter and adoptee may be
waived when the adopter is the biological parent of the adoptee, (iii) if the spouses are legally separated from each other.
or is the spouse of the adoptee's parent;
In case husband and wife jointly adopt, or one spouse adopts the
(b) Any alien possessing the same qualifications as above stated illegitimate son/daughter of the other, joint parental authority shall be
for Filipino nationals: Provided, That his/her country has exercised by the spouses.
diplomatic relations with the Republic of the Philippines, that
he/she has been living in the Philippines for at least three (3)
continuous years prior to the filing of the application for adoption Section 8. Who May Be Adopted. The following may be adopted:
and maintains such residence until the adoption decree is
entered, that he/she has been certified by his/her diplomatic or (a) Any person below eighteen (18) years of age who has been
consular office or any appropriate government agency that administratively or judicially declared available for adoption;
he/she has the legal capacity to adopt in his/her country, and
that his/her government allows the adoptee to enter his/her (b) The legitimate son/daughter of one spouse by the other
country as his/her adopted son/daughter: Provided, Further, That spouse;
the requirements on residency and certification of the alien's
qualification to adopt in his/her country may be waived for the (c) An illegitimate son/daughter by a qualified adopter to
following: improve his/her status to that of legitimacy;

(i) a former Filipino citizen who seeks to adopt a relative (d) A person of legal age if, prior to the adoption, said person has
within the fourth (4th) degree of consanguinity or affinity; been consistently considered and treated by the adopter(s) as
or his/her own child since minority;

(ii) one who seeks to adopt the legitimate son/daughter of (e) A child whose adoption has been previously rescinded; or
his/her Filipino spouse; or
(f) A child whose biological or adoptive parent(s) has
(iii) one who is married to a Filipino citizen and seeks to died: Provided, That no proceedings shall be initiated within six
adopt jointly with his/her spouse a relative within the (6) months from the time of death of said parent(s).
fourth (4th) degree of consanguinity or affinity of the
Filipino spouse; or

3
Section 9. Whose Consent is Necessary to the Adoption. After registered with the Civil Registry, it shall be the responsibility of the
being properly counseled and informed of his/her right to give or concerned social worker to ensure that the adoptee is registered.
withhold his/her approval of the adoption, the written consent of the
following to the adoption is hereby required: 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
(a) The adoptee, if ten (10) years of age or over; valid and authentic. Further, the case study of the adopter(s) shall
ascertain his/her genuine intentions and that the adoption is in the best
(b) The biological parent(s) of the child, if known, or the legal interest of the child.
guardian, or the proper government instrumentality which has
legal custody of the child; The Department shall intervene on behalf of the adoptee if it finds, after
the conduct of the case studies, that the petition should be denied. The
(c) The legitimate and adopted sons/daughters, ten (10) years of case studies and other relevant documents and records pertaining to
age or over, of the adopter(s) and adoptee, if any; the adoptee and the adoption shall be preserved by the Department.

(d) The illegitimate sons/daughters, ten (10) years of age or Section 12. Supervised Trial Custody. No petition for adoption
over, of the adopter if living with said adopter and the latter's shall be finally granted until the adopter(s) has been given by the court
spouse, if any; and a supervised trial custody period for at least six (6) months within which
the parties are expected to adjust psychologically and emotionally to
(e) The spouse, if any, of the person adopting or to be adopted. each other and establish a bonding relationship. During said period,
temporary parental authority shall be vested in the adopter(s).
ARTICLE IV
PROCEDURE The court may motu proprio or upon motion of any party reduce the
trial period if it finds the same to be in the best interest of the adoptee,
stating the reasons for the reduction of the period. However, for alien
Section 10. Hurried Decisions. In all proceedings for adoption, the adopter(s), he/she must complete the six (6)-month trial custody except
court shall require proof that the biological parent(s) has been properly for those enumerated in Sec. 7 (b) (i) (ii) (iii).
counseled to prevent him/her from making hurried decisions caused by
strain or anxiety to give up the child, and to sustain that all measures to
strengthen the family have been exhausted and that any prolonged If the child is below seven (7) years of age and is placed with the
stay of the child in his/her own home will be inimical to his/her welfare prospective adopter(s) through a pre-adoption placement authority
and interest. issued by the Department, the prospective adopter(s) shall enjoy all the
benefits to which biological parent(s) is entitled from the date the
adoptee is placed with the prospective adopter(s).
Section 11. Case Study. No petition for adoption shall be set for
hearing unless a licensed social worker of the Department, the social
service office of the local government unit, or any child-placing or child- Section 13. Decree of Adoption. If, after the publication of the
caring agency has made a case study of the adoptee, his/her biological order of hearing has been complied with, and no opposition has been
parent(s), as well as the adopter(s), and has submitted the report and interposed to the petition, and after consideration of the case studies,
recommendations on the matter to the court hearing such petition. the qualifications of the adopter(s), trial custody report and the
evidence submitted, the court is convinced that the petitioners are
qualified to adopt, and that the adoption would redound to the best
At the time of preparation of the adoptee's case study, the concerned interest of the adoptee, a decree of adoption shall be entered which
social worker shall confirm with the Civil Registry the real identity and shall be effective as of the date the original petition was filed. This
registered name of the adoptee. If the birth of the adoptee was not provision shall also apply in case the petitioner(s) dies before the

4
issuance of the decree of adoption to protect the interest of the Section 18. Succession. In legal and intestate succession, the
adoptee. The decree shall state the name by which the child is to be adopter(s) and the adoptee shall have reciprocal rights of succession
known. without distinction from legitimate filiation. However, if the adoptee and
his/her biological parent(s) had left a will, the law on testamentary
Section 14. Civil Registry Record. An amended certificate of birth succession shall govern.
shall be issued by the Civil Registry, as required by the Rules of Court,
attesting to the fact that the adoptee is the child of the adopter(s) by ARTICLE VI
being registered with his/her surname. The original certificate of birth RESCISSION OF ADOPTION
shall be stamped "cancelled" with the annotation of the issuance of an
amended birth certificate in its place and shall be sealed in the civil Section 19. Grounds for Rescission of Adoption. Upon petition of
registry records. The new birth certificate to be issued to the adoptee the adoptee, with the assistance of the Department if a minor or if over
shall not bear any notation that it is an amended issue. eighteen (18) years of age but is incapacitated, as guardian/counsel,
the adoption may be rescinded on any of the following grounds
Section 15. Confidential Nature of Proceedings and Records. committed by the adopter(s): (a) repeated physical and verbal
All hearings in adoption cases shall be confidential and shall not be maltreatment by the adopter(s) despite having undergone counseling;
open to the public. All records, books, and papers relating to the (b) attempt on the life of the adoptee; (c) sexual assault or violence; or
adoption cases in the files of the court, the Department, or any other (d) abandonment and failure to comply with parental obligations.
agency or institution participating in the adoption proceedings shall be
kept strictly confidential. Adoption, being in the best interest of the child, shall not be subject to
rescission by the adopter(s). However, the adopter(s) may disinherit the
If the court finds that the disclosure of the information to a third person adoptee for causes provided in Article 919 of the Civil Code.
is necessary for purposes connected with or arising out of the adoption
and will be for the best interest of the adoptee, the court may merit the Section 20. Effects of Rescission. If the petition is granted, the
necessary information to be released, restricting the purposes for which parental authority of the adoptee's biological parent(s), if known, or the
it may be used. legal custody of the Department shall be restored if the adoptee is still a
minor or incapacitated. The reciprocal rights and obligations of the
ARTICLE V adopter(s) and the adoptee to each other shall be extinguished.
EFFECTS OF ADOPTION
The court shall order the Civil Registrar to cancel the amended
Section 16. Parental Authority. Except in cases where the certificate of birth of the adoptee and restore his/her original birth
biological parent is the spouse of the adopter, all legal ties between the certificate.
biological parent(s) and the adoptee shall be severed and the same
shall then be vested on the adopter(s). Succession rights shall revert to its status prior to adoption, but only as
of the date of judgment of judicial rescission. Vested rights acquired
Section 17. Legitimacy. The adoptee shall be considered the prior to judicial rescission shall be respected.
legitimate son/daughter of the adopter(s) for all intents and purposes
and as such is entitled to all the rights and obligations provided by law All the foregoing effects of rescission of adoption shall be without
to legitimate sons/daughters born to them without discrimination of any prejudice to the penalties imposable under the Penal Code if the
kind. To this end, the adoptee is entitled to love, guidance, and support criminal acts are properly proven.
in keeping with the means of the family.
ARTICLE VII
VIOLATIONS AND PENALTIES

5
Section 21. Violations and Penalties. (a) The penalty of offense constituting child trafficking and shall merit the penalty
imprisonment ranging from six (6) years and one (1) day to twelve (12) of reclusion perpetua.
years and/or a fine not less than Fifty thousand pesos (P50,000.00), but
not more than Two hundred thousand pesos (P200,000.00) at the Acts punishable under this Article are deemed committed by a
discretion of the court shall be imposed on any person who shall commit syndicate if carried out by a group of three (3) or more persons
any of the following acts: conspiring and/or confederating with one another in carrying out any of
the unlawful acts defined under this Article. Penalties as are herein
(i) obtaining consent for an adoption through coercion, undue provided, shall be in addition to any other penalties which may be
influence, fraud, improper material inducement, or other similar imposed for the same acts punishable under other laws, ordinances,
acts; executive orders, and proclamations.

(ii) non-compliance with the procedures and safeguards provided When the offender is an alien, he/she shall be deported immediately
by the law for adoption; or after service of sentence and perpetually excluded from entry to the
country.
(iii) subjecting or exposing the child to be adopted to danger,
abuse, or exploitation. Any government official, employee or functionary who shall be found
guilty of violating any of the provisions of this Act, or who shall conspire
(b) Any person who shall cause the fictitious registration of the birth of a with private individuals shall, in addition to the above-prescribed
child under the name(s) of a person(s) who is not his/her biological penalties, be penalized in accordance with existing civil service laws,
parent(s) shall be guilty of simulation of birth, and shall be punished by rules and regulations: Provided, That upon the filing of a case, either
prision mayor in its medium period and a fine not exceeding Fifty administrative or criminal, said government official, employee, or
thousand pesos (P50,000.00). functionary concerned shall automatically suffer suspension until the
resolution of the case.
Any physician or nurse or hospital personnel who, in violation of his/her
oath of office, shall cooperate in the execution of the abovementioned Section 22. Rectification of Simulated Births. A person who has,
crime shall suffer the penalties herein prescribed and also the penalty prior to the effectivity of this Act, simulated the birth of a child shall not
of permanent disqualification. be punished for such act: Provided, That the simulation of birth was
made for the best interest of the child and that he/she has been
Any person who shall violate established regulations relating to the consistently considered and treated by that person as his/her own
confidentiality and integrity of records, documents, and son/daughter: Provided, further, That the application for correction of
communications of adoption applications, cases, and processes shall the birth registration and petition for adoption shall be filed within five
suffer the penalty of imprisonment ranging from one (1) year and one (5) years from the effectivity of this Act and completed
(1) day to two (2) years, and/or a fine of not less than Five thousand thereafter: Provided, finally, That such person complies with the
pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), procedure as specified in Article IV of this Act and other requirements as
at the discretion of the court. determined by the Department.

A penalty lower by two (2) degrees than that prescribed for the
consummated offense under this Article shall be imposed upon the
principals of the attempt to commit any of the acts herein enumerated. ARTICLE VIII
Acts punishable under this Article, when committed by a syndicate or FINAL PROVISIONS
where it involves two (2) or more children shall be considered as an

6
Section 23. Adoption Resource and Referral Office. There shall Republic Act 8043
be established an Adoption Resources and Referral Office under the
Department with the following functions: (a) monitor the existence,
number, and flow of children legally available for adoption and The Inter-Country Adoption Act of 1995
prospective adopter(s) so as to facilitate their matching; (b) maintain a "AN ACT ESTABLISHING THE RULES TO GOVERN INTER-
nationwide information and educational campaign on domestic COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR
adoption; (c) keep records of adoption proceedings; (d) generate OTHER PURPOSES"
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. Section 1. Short Title. This Act shall be known as the "Inter-
The office shall be manned by adoption experts from the public and Country Adoption Act of 1995."
private sectors.
Sec. 2. Declaration of Policy. It is hereby declared the
Section 24. Implementing Rules and Regulations. Within six (6) policy of the State to provide every neglected and abandoned
months from the promulgation of this Act, the Department, with the
child with a family that will provide such child with love and care
Council for the Welfare of Children, the Office of Civil Registry General,
the Department of Justice, Office of the Solicitor General, and two (2)
as well as opportunities for growth and development. Towards
private individuals representing child-placing and child-caring agencies this end, efforts shall be exerted to place the child with an
shall formulate the necessary guidelines to make the provisions of this adoptive family in the Philippines. However, recognizing that
Act operative. inter-country adoption may be considered as allowing aliens not
presently allowed by law to adopt Filipino children if such children
Section 25. Appropriations. Such sum as may be necessary for the cannot be adopted by qualified Filipino citizens or aliens, the
implementation of the provisions of this Act shall be included in the State shall take measures to ensure that inter-country adoptions
General Appropriations Act of the year following its enactment into law are allowed when the same shall prove beneficial to the child's
and thereafter. best interests, and shall serve and protect his/her fundamental
rights.
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 Sec. 3. Definition of Terms. As used in this Act. the term:
Act is hereby repealed, modified, or amended accordingly.
(a) Inter-country adoption refers to the socio-legal process
Section 27. Separability Clause. If any provision of this Act is held of adopting a Filipino child by a foreigner or a Filipino citizen
invalid or unconstitutional, the other provisions not affected thereby
shall remain valid and subsisting. permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the decree of
Section 28. Effectivity Clause. This Act shall take effect fifteen (15) adoption is issued outside the Philippines.
days following its complete publication in any newspaper of general (b) Child means a person below fifteen (15) years of age
circulation or in the Official Gazette.
unless sooner emancipated by law.
Approved: February 25, 1998
(c) Department refers to the Department of Social Welfare
and Development of the Republic of the Philippines.
(d) Secretary refers to the Secretary of the Department of

7
Social Welfare and Development. (f) License and accredit child-caring/placement agencies and
(e) Authorized and accredited agency refers to the State collaborate with them in the placement of Filipino children;
welfare agency or a licensed adoption agency in the country of (g) Accredit and authorize foreign adoption agency in the
the adopting parents which provide comprehensive social placement of Filipino children in their own country; and
services and which is duly recognized by the Department. (h) Cancel the license to operate and blacklist the child-caring
(f) Legally-free child means a child who has been voluntarily and placement agency or adoptive agency involved from the
or involuntarily committed to the Department, in accordance with accreditation list of the Board upon a finding of violation of any
the Child and Youth Welfare Code. provision under this Act.
(g) Matching refers to the judicious pairing of the adoptive
child and the applicant to promote a mutually satisfying parent- Sec. 5. Composition of the Board. The Board shall be
child relationship. composed of the Secretary of the Department as ex officio
(h) Board refers to the Inter-country Adoption Board. Chairman, and six (6) other members to be appointed by the
President for a nonrenewable term of six (6) years: Provided, That
there shall be appointed one (1) psychiatrist or psychologist, two
ARTICLE II (2) lawyers who shall have at least the qualifications of a regional
THE INTER-COUNTRY ADOPTION BOARD trial court judge, one (1) registered social worker and two (2)
representatives from non-governmental organizations engaged in
Sec. 4. The Inter-Country Adoption Board. There is child-caring and placement activities. The members of the Board
hereby created the Inter-Country Adoption Board, hereinafter shall receive a per diem allowance of One thousand five hundred
referred to as the Board to act as the central authority in matters pesos (P1,500) for each meeting attended by them: Provided,
relating to inter-country adoption. It shall act as the policy- further, That no compensation shall be paid for more than four
making body for purposes of carrying out the provisions of this (4) meetings a month.
Act, in consultation and coordination with the Department, the
different child-care and placement agencies, adoptive agencies, Sec. 6. Powers and Functions of the Board. The Board
as well as non-governmental organizations engaged in child-care shall have the following powers and functions:
and placement activities. As such, it shall:
(a) Protect the Filipino child from abuse, exploitation,
trafficking and/or sale or any other practice in connection with (a) to prescribe rules and regulations as it may deem
adoption which is harmful, detrimental, or prejudicial to the child; reasonably necessary to carry out the provisions of this Act, after
(b) Collect, maintain, and preserve confidential information consultation and upon favorable recommendation of the different
about the child and the adoptive parents; agencies concerned with the child-caring, placement, and
(c) Monitor, follow up, and facilitate completion of adoption of adoption;
the child through authorized and accredited agency; (b) to set the guidelines for the convening of an Inter-country
(d) Prevent improper financial or other gain in connection with Adoption Placement Committee which shall be under the direct
an adoption and deter improper practices contrary to this Act; supervision of the Board;
(e) Promote the development of adoption services including (c) to set the guidelines for the manner by which
post-legal adoption; selection/matching of prospective adoptive parents and adoptive

8
child can be made; ARTICLE III
(d) to determine a reasonable schedule of fees and charges to PROCEDURE
be exacted in connection with the application for adoption; Sec. 7. Inter-Country Adoption as the Last Resort. The
Board shall ensure that all possibilities for adoption of the child
(e) to determine the form and contents of the application for
under the Family Code have been exhausted and that inter-
inter-country adoption; country adoption is in the best interest of the child. Towards this
(g) to institute systems and procedures to prevent improper end, the Board shall set up the guidelines to ensure that steps
financial gain in connection with adoption and deter improper will be taken to place the child in the Philippines before the child
practices which are contrary to this Act; is placed for inter-country adoption: Provided, however, That the
(h) to promote the development of adoption services, including maximum number that may be allowed for foreign adoption shall
post-legal adoption services, not exceed six hundred (600) a year for the first five (5) years.
Sec. 8. Who May be Adopted. Only a legally free child may
(i) to accredit and authorize foreign private adoption agencies
be the subject of inter-country adoption. In order that such child
which have demonstrated professionalism, competence and have may be considered for placement, the following documents must
consistently pursued non-profit objectives to engage in the be submitted to the Board:
placement of Filipino children in their own country: Provided, That
such foreign private agencies are duly authorized and accredited (a)Child study;
by their own government to conduct inter-country adoption: (b)Birth certificate/foundling certificate;
Provided, however, That the total number of authorized and (c)Deed of voluntary commitment/decree of
accredited foreign private adoption agencies shall not exceed abandonment/death certificate of parents;
one hundred (100) a year; (d)Medical evaluation /history;
(j) to take appropriate measures to ensure confidentiality of (e)Psychological evaluation, as necessary; and
(f)Recent photo of the child.
the records of the child, the natural parents and the adoptive
parents at all times;
Sec. 9. Who May Adopt. An alien or a Filipino citizen
(k) to prepare, review or modify, and thereafter, recommend to
permanently residing abroad may file an application for inter-
the Department of Foreign Affairs, Memoranda of Agreement country adoption of a Filipino child if he/she:
respecting inter-country adoption consistent with the
implementation of this Act and its stated goals, entered into,
(a) is at least twenty-seven (27) years of age and at least
between and among foreign governments, international
sixteen (16) years older than the child to be adopted, at the time
organizations and recognized international non-governmental
of application unless the adopter is the parent by nature of the
organizations;
child to be adopted or the spouse of such parent:
(l) to assist other concerned agencies and the courts in the
(b) if married, his/her spouse must jointly file for the adoption;
implementation of this Act, particularly as regards coordination
(c) has the capacity to act and assume all rights and
with foreign persons, agencies and other entities involved in the
responsibilities of parental authority under his national laws, and
process of adoption and the physical transfer of the child; and
has undergone the appropriate counseling from an accredited
(m) to perform such other functions on matters relating to
counselor in his/her country;
inter-country adoption as may be determined by the President.

9
 (d) has not been convicted of a crime involving moral licensed physician and psychologist;
turpitude; (e) Income tax returns or any document showing the financial
(e) is eligible to adopt under his/her national law; capability of the applicant(s);
(f) is in a position to provide the proper care and support and (f) Police clearance of applicant(s);
to give the necessary moral values and example to all his (g) Character reference from the local church/minister, the
children, including the child to be adopted; applicant's employer and a member of the immediate community
(g) agrees to uphold the basic rights of the child as embodied who have known the applicant(s) for at least five (5) years; and
under Philippine laws, the U.N. Convention on the Rights of the (h) Recent postcard-size pictures of the applicant(s) and his
Child, and to abide by the rules and regulations issued to immediate family;
implement the provisions of this Act;
(h) comes from a country with whom the Philippines has The Rules of Court shall apply in case of adoption by judicial
diplomatic relations and whose government maintains a similarly proceedings.
authorized and accredited agency and that adoption is allowed
under his/her national laws; and Sec. 11. Family Selection/Matching. No child shall be
(i) possesses all the qualifications and none of the matched to a foreign adoptive family unless it is satisfactorily
shown that the child cannot be adopted locally. The clearance, as
disqualifications provided herein and in other applicable
issued by the Board, with the copy of the minutes of the
Philippine laws. meetings, shall form part of the records of the child to be
adopted. When the Board is ready to transmit the Placement
Sec. 10. Where to File Application. An application to adopt Authority to the authorized and accredited inter-country adoption
a Filipino child shall be filed either with the Philippine Regional agency and all the travel documents of the child are ready, the
Trial Court having jurisdiction over the child, or with the Board, adoptive parents, or any one of them, shall personally fetch the
through an intermediate agency, whether governmental or an child in the Philippines.
authorized and accredited agency, in the country of the
prospective adoptive parents, which application shall be in Sec. 12. Pre-adoptive Placement Costs. The applicant(s)
accordance with the requirements as set forth in the shall bear the following costs incidental to the placement of the
implementing rules and regulations to be promulgated by the child;
Board.
The application shall be supported by the following documents
written and officially translated in English. (a) The cost of bringing the child from the Philippines to the
residence of the applicant(s) abroad, including all travel expenses
within the Philippines and abroad; and
(a) Birth certificate of applicant(s); (b) The cost of passport, visa, medical examination and
(b) Marriage contract, if married, and divorce decree, if psychological evaluation required, and other related expenses.
applicable;
(c) Written consent of their biological or adoptive children Sec. 13. Fees, Charges and Assessments. Fees, charges,
above ten (10) years of age, in the form of sworn statement; and assessments collected by the Board in the exercise of its
(d) Physical, medical and psychological evaluation by a duly functions shall be used solely to process applications for inter-

10
country adoption and to support the activities of the Board. (a) Any person who shall knowingly participate in the conduct or
carrying out of an illegal adoption, in violation of the provisions of
Sec. 14. Supervision of Trial Custody. The governmental this Act, shall be punished with a penalty of imprisonment
agency or the authorized and accredited agency in the country of ranging from six (6) years and one (1) day to twelve (12) years
the adoptive parents which filed the application for inter-country and/or a fine of not less than Fifty thousand pesos (P50,000), but
adoption shall be responsible for the trial custody and the care of not more than Two hundred thousand pesos (P200.000), at the
the child. It shall also provide family counseling and other related discretion of the court. For purposes of this Act, an adoption is
services. The trial custody shall be for a period of six (6) months illegal if it is effected in any manner contrary to the provisions of
from the time of placement. Only after the lapse of the period of this Act or established State policies, its implementing rules and
trial custody shall a decree of adoption be issued in the said regulations, executive agreements, and other laws pertaining to
country a copy of which shall be sent to the Board to form part of adoption. Illegality may be presumed from the following acts:
the records of the child.
(1)consent for an adoption was acquired through, or attended
During the trial custody, the adopting parent(s) shall submit to by coercion, fraud, improper material inducement;
the governmental agency or the authorized and accredited (2)there is no authority from the Board to effect adoption;
agency, which shall in turn transmit a copy to the Board, a
(3)the procedures and safeguards placed under the law for
progress report of the child's adjustment. The progress report
shall be taken into consideration in deciding whether or not to adoption were not complied with; and
issue the decree of adoption. (4)the child to be adopted is subjected to, or exposed to
danger, abuse and exploitation.
The Department of Foreign Affairs shall set up a system by which
Filipino children sent abroad for trial custody are monitored and (b)Any person who shall violate established regulations relating
checked as reported by the authorized and accredited inter- to the confidentiality and integrity of records, documents and
country adoption agency as well as the repatriation to the communications of adoption applications, cases and processes
Philippines of a Filipino child whose adoption has not been shall suffer the penalty of imprisonment ranging from one (1)
approved. year and one (1) day to two (2) years, and/or a fine of not less
than Five thousand pesos (P5,000), but not more than Ten
Sec. 15. Executive Agreements. The Department of Foreign thousand pesos (P10,000), at the discretion of the court.
Affairs, upon representation of the Board, shall cause the
preparation of Executive Agreements with countries of the A penalty lower by two (2) degrees than that prescribed for the
foreign adoption agencies to ensure the legitimate concurrence consummated felony under this Article shall be imposed upon the
of said countries in upholding the safeguards provided by this principals of the attempt to commit any of the acts herein
Act. enumerated.

ARTICLE IV Acts punishable under this Article, when committed by a

PENALTIES syndicate or where it involves two or more children shall be
Sec. 16. Penalties. considered as an offense constituting child trafficking and shall
merit the penalty of reclusion perpetua.

11
Acts punishable under this Article are deemed committed by a provision not otherwise affected, shall remain valid and
syndicate if carried out by a group of three (3) or more persons subsisting.
conspiring and/or confederating with one another in carrying out
any of the unlawful acts defined under this Article.Penalties as Sec. 21. Repealing Clause. Any law, decree, executive
are herein provided shall be in addition to any other penalties order, administrative order or rules and regulations contrary to,
which may be imposed for the same acts punishable under other or inconsistent with the provisions of this Act are hereby
laws, ordinances, executive orders, and proclamations. repealed, modified or amended accordingly.

Sec. 17. Public Officers as Offenders. Any government Sec. 22. Effectivity Clause. This Act shall take effect fifteen
official, employee or functionary who shall be found guilty of (15) days after its publication in two (2) newspapers of general
violating any of the provisions of this Act, or who shall conspire circulation.
with private individuals shall, in addition to the above-prescribed
penalties, be penalized in accordance with existing civil service
laws, rules and regulations: Provided, That upon the filing of a Approved: June 7, 1995
case, either administrative or criminal, said government official,
employee or functionary concerned shall automatically suffer
suspension until the resolution of the case.

ARTICLE V Rule on Adoption

FINAL PROVISIONS A.M. No. 02-6-02-SC
Sec. 18. Implementing Rules and Regulations. The Inter- Supreme Court of the Philippines
country Adoption Board, in coordination with the Council for the 2 August 2002
Welfare of Children, the Department of Foreign Affairs, and the
Department of Justice, after due consultation with agencies Republic of the Philippines
involved in child-care and placement, shall promulgate the Supreme Court
necessary rules and regulations to implement the provisions of Manila
this Act within six (6) months after its effectivity. En Banc

A. Domestic Adoption
Sec. 19. Appropriations. The amount of Five million pesos
(P5,000,000) is hereby appropriated from the proceeds of the
Lotto for the initial operations of the Board and subsequently the
appropriations of the same shall be included in the General SECTION 1. Applicability of the Rule. This Rule covers the domestic
Appropriations Act for the year following its enactment. adoption of Filipino children.

Sec. 20. Separability Clause. If any provision, or part hereof

is held invalid or unconstitutional, the remainder of the law or the
SECTION 2. Objectives.

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 (a) The best interests of the child shall be the paramount services including, but not limited to, parent preparation
consideration in all matters relating to his care, custody and and post-adoption education and counseling;
adoption, in accordance with Philippine laws, the United Nations
(UN) Convention on the Rights of the Child, UN Declaration on (vi) encourage domestic adoption so as to preserve the
Social and Legal Principles Relating to the Protection and Welfare childs identity and culture in his native land, and only when
of Children with Special Reference to Foster Placement and this is not available shall inter-country adoption be
Adoption, Nationally and Internationally, and the Hague considered as a last resort; and
Convention on the Protection of Children and Cooperation in
Respect of Inter-country Adoption. (vii) protect adoptive parents from attempts to disturb
their parental authority and custody over their adopted
child.

(b) The State shall provide alternative protection and assistance

through foster care or adoption for every child who is a foundling,
neglected, orphaned, or abandoned. To this end, the State shall: Any voluntary or involuntary termination of parental authority
shall be administratively or judicially declared so as to establish
(i) Ensure that every child remains under the care and the status of the child as legally available for adoption and his
custody of his parents and is provided with love, care, custody transferred to the Department of Social Welfare and
understanding and security for the full and harmonious Development or to any duly licensed and accredited child-placing
development of his personality. Only when such efforts or child-caring agency, which entity shall be authorized to take
prove insufficient and no appropriate placement or adoption steps for the permanent placement of the child.
within the childs extended family is available shall adoption
by an unrelated person be considered.

(ii) Safeguard the biological parents from making hasty SECTION 3. Definition of Terms. For purposes of this Rule:
decisions in relinquishing their parental authority over their
child;

(iii) Prevent the child from unnecessary separation from (a) Child is a person below eighteen (18) years of age at the
his biological parents; time of the filing of the petition for adoption.

(iv) conduct public information and educational (b) A child legally available for adoption refers to a child who
campaigns to promote a positive environment for adoption; has been voluntarily or involuntarily committed to the
Department or to a duly licensed and accredited child-placing or
(v) ensure that government and private sector agencies child-caring agency, freed of the parental authority of his
have the capacity to handle adoption inquiries, process biological parents, or in case of rescission of adoption, his
domestic adoption applications and offer adoption-related guardian or adopter(s).

13
 (c) Voluntarily committed child is one whose parents (k) Child-placement agency refers to an agency duly licensed
knowingly and willingly relinquish parental authority over him in and accredited by the Department to provide comprehensive child
favor of the Department. welfare services including, but not limited to, receiving
applications for adoption, evaluating the prospective adoptive
(d) Involuntarily committed child is one whose parents, known parents and preparing the adoption home study report.
or unknown, have been permanently and judicially deprived of
parental authority over him due to abandonment; substantial, (l) Child-caring agency refers to an agency duly licensed and
continuous or repeated neglect and abuse; or incompetence to accredited by the Department that provides 24-hour residential
discharge parental responsibilities. care services for abandoned, orphaned, neglected or voluntarily
committed children.
(e) Foundling refers to a deserted or abandoned infant or child
whose parents, guardian or relatives are unknown; or a child (m) Department refers to the Department of Social Welfare
committed to an orphanage or charitable or similar institution and Development.
with unknown facts of birth and parentage and registered in the
Civil Register as a foundling. (n) Deed of Voluntary Commitment refers to the written and
notarized instrument relinquishing parental authority and
(f) Abandoned child refers to one who has no proper parental committing the child to the care and custody of the Department
care or guardianship or whose parents have deserted him for a executed by the childs biological parents or in their absence,
period of at least six (6) continuous months and has been mental incapacity or death, by the childs legal guardian, to be
judicially declared as such. witnessed by an authorized representative of the Department
after counseling and other services have been made available to
(g) Dependent child refers to one who is without a parent, encourage the biological parents to keep the child.
guardian or custodian or one whose parents, guardian or other
custodian for good cause desires to be relieved of his care and (o) Child Study Report refers to a study made by the court
custody and is dependent upon the public for support. social worker of the childs legal status, placement history,
psychological, social, spiritual, medical, ethno-cultural background
(h) Neglected child is one whose basic needs have been and that of his biological family needed in determining the most
deliberately not attended to or inadequately attended to, appropriate placement for him.
physically or emotionally, by his parents or guardian.
(p) Home Study Report refers to a study made by the court
(i) Physical neglect occurs when the child is malnourished, ill- social worker of the motivation and capacity of the prospective
clad and without proper shelter. adoptive parents to provide a home that meets the needs of a
child.
(j) Emotional neglect exists when a child is raped, seduced,
maltreated, exploited, overworked or made to work under (q) Supervised trial custody refers to the period of time during
conditions not conducive to good health or made to beg in the which a social worker oversees the adjustment and emotional
streets or public places, or placed in moral danger, or exposed to readiness of both adopters and adoptee in stabilizing their filial
drugs, alcohol, gambling, prostitution and other vices. relationship.

14
 (r) Licensed Social Worker refers to one who possesses a emotionally and psychologically capable of caring for children, at
degree in bachelor of science in social work as a minimum least sixteen (16) years older than the adoptee, and who is in a
educational requirement and who has passed the government position to support and care for his children in keeping with the
licensure examination for social workers as required by Republic means of the family. The requirement of a 16-year difference
Act No. 4373. between the age of the adopter and adoptee may be waived
when the adopter is the biological parent of the adoptee or is the
(s) Simulation of birth is the tampering of the civil registry to spouse of the adoptees parent;
make it appear in the birth records that a certain child was born to
a person who is not his biological mother, thus causing such child
to lose his true identity and status.
(2) Any alien possessing the same qualifications as above-
(t) Biological Parents refer to the childs mother and father by stated for Filipino nationals: Provided, That his country has
nature. diplomatic relations with the Republic of the Philippines, that he
has been living in the Philippines for at least three (3) continuous
(u) Pre-Adoption Services refer to psycho-social services years prior to the filing of the petition for adoption and maintains
provided by professionally-trained social workers of the such residence until the adoption decree is entered, that he has
Department, the social services units of local governments, been certified by his diplomatic or consular office or any
private and government health facilities, Family Courts, licensed appropriate government agency to have the legal capacity to
and accredited child-caring and child-placement agencies and adopt in his country, and that his government allows the adoptee
other individuals or entities involved in adoption as authorized by to enter his country as his adopted child. Provided, further, That
the Department. the requirements on residency and certification of the aliens
qualification to adopt in his country may be waived for the
(v) Residence means a persons actual stay in the Philippines following:
for three (3) continuous years immediately prior to the filing of a
petition for adoption and which is maintained until the adoption
decree is entered. Temporary absences for professional, business,
health, or emergency reasons not exceeding sixty (60) days in (i) a former Filipino citizen who seeks to adopt a relative
one (1) year does not break the continuity requirement. within the fourth (4th) degree of consanguinity or affinity; or

(w) Alien refers to any person, not a Filipino citizen, who (ii) one who seeks to adopt the legitimate child of his
enters and remains in the Philippines and is in possession of a Filipino spouse; or
valid passport or travel documents and visa.
(iii) one who is married to a Filipino citizen and seeks to
SECTION 4. Who may adopt. The following may adopt: adopt jointly with his spouse a relative within the fourth
(4th) degree of consanguinity or affinity of the Filipino
(1) Any Filipino citizen of legal age, in possession of full civil spouse.
capacity and legal rights, of good moral character, has not been
convicted of any crime involving moral turpitude; who is

15
 (3) The guardian with respect to the ward after the termination (4) A person of legal age regardless of civil status, if, prior to the
of the guardianship and clearance of his financial accountabilities. adoption, said person has been consistently considered and
treated by the adopters as their own child since minority;
Husband and wife shall jointly adopt, except in the following
cases:
(5) A child whose adoption has been previously rescinded; or
(i) if one spouse seeks to adopt the legitimate child of one
spouse by the other spouse; or (6) A child whose biological or adoptive parents have died:
Provided, That no proceedings shall be initiated within six (6)
(ii) if one spouse seeks to adopt his own illegitimate child:
Provided, however, That the other spouse has signified his months from the time of death of said parents.
consent thereto; or
(7) A child not otherwise disqualified by law or these rules.
(iii) if the spouses are legally separated from each other.

SECTION 6. Venue. The petition for adoption shall be filed with the
In case husband and wife jointly adopt or one spouse adopts the
Family Court of the province or city where the prospective adoptive
illegitimate child of the other, joint parental authority shall be
parents reside.
exercised by the spouses.

SECTION 7. Contents of the Petition. The petition shall be verified

SECTION 5. Who may be adopted. The following may be adopted:
and specifically state at the heading of the initiatory pleading whether
the petition contains an application for change of name, rectification of
(1) Any person below eighteen (18) years of age who has been simulated birth, voluntary or involuntary commitment of children, or
voluntarily committed to the Department under Articles 154, 155 declaration of child as abandoned, dependent or neglected.
and 156 of P.D. No. 603 or judicially declared available for
(1) If the adopter is a Filipino citizen, the petition shall allege the
adoption;
following:

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

(3) An illegitimate child, by a qualified adopter to raise the (b) That the petitioner is of legal age, in possession of full
civil capacity and legal rights; is of good moral character;
status of the former to that of legitimacy;
has not been convicted of any crime involving moral
turpitude; is emotionally and psychologically capable of

16
 caring for children; is at least sixteen (16) years older than (ii) seeks to adopt the legitimate child of his Filipino
the adoptee, unless the adopter is the biological parent of spouse; or
the adoptee or is the spouse of the adoptees parent; and is
in a position to support and care for his children in keeping (iii) is married to a Filipino citizen and seeks to
with the means of the family and has undergone pre- adopt jointly with his spouse a relative within the
adoption services as required by Section 4 of Republic Act fourth degree of consanguinity or affinity of the
No. 8552. Filipino spouse.

(2) If the adopter is an alien, the petition shall allege the (3) If the adopter is the legal guardian of the adoptee, the
following: petition shall allege that guardianship had been terminated and
the guardian had cleared his financial accountabilities.
(a) The jurisdictional facts;
(4) If the adopter is married, the spouse shall be a co-petitioner
(b) Sub-paragraph 1(b) above; for joint adoption except if:

(c) That his country has diplomatic relations with the (a) one spouse seeks to adopt the legitimate child of the
Republic of the Philippines; other, or

(d) That he has been certified by his diplomatic or (b) if one spouse seeks to adopt his own illegitimate child
consular office or any appropriate government agency to and the other spouse signified written consent thereto, or
have the legal capacity to adopt in his country and his
government allows the adoptee to enter his country as his (c) if the spouses are legally separated from each other.
adopted child and reside there permanently as an adopted
child; and (5) If the adoptee is a foundling, the petition shall allege the
entries which should appear in his birth certificate, such as name
(e) That he has been living in the Philippines for at least of child, date of birth, place of birth, if known; sex, name and
three (3) continuous years prior to the filing of the petition citizenship of adoptive mother and father, and the date and place
and he maintains such residence until the adoption decree of their marriage.
is entered.
(6) If the petition prays for a change of name, it shall also state
The requirements of certification of the aliens the cause or reason for the change of name.
qualification to adopt in his country and of residency may
be waived if the alien: In all petitions, it shall be alleged:

(i) is a former Filipino citizen who seeks to adopt a (a) The first name, surname or names, age and residence
relative within the fourth degree of consanguinity or of the adoptee as shown by his record of birth, baptismal or
affinity; or foundling certificate and school records.

17
 (b) That the adoptee is not disqualified by law to be (b) The names of the parents, if known, and their residence. If
adopted. the child has no known or living parents, then the name and
residence of the guardian, if any;
(c) The probable value and character of the estate of the
adoptee. (c) The name of the duly licensed child-placement agency or
individual under whose care the child is in custody; and
(d) The first name, surname or names by which the
adoptee is to be known and registered in the Civil Registry. (d) That the Department, child-placement or child-caring
agency is authorized to give its consent.
A certification of non-forum shopping shall be included pursuant
to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

SECTION 10. Change of name. In case the petition also prays for
change of name, the title or caption must contain:
SECTION 8. Rectification of Simulated Birth. In case the petition also
seeks rectification of a simulated of birth, it shall allege that: (a) The registered name of the child;

(a) Petitioner is applying for rectification of a simulated birth; (b) Aliases or other names by which the child has been known;
and
(b) The simulation of birth was made prior to the date of
effectivity of Republic Act No. 8552 and the application for (c) The full name by which the child is to be known.
rectification of the birth registration and the petition for adoption
were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best SECTION 11. Annexes to the Petition. The following documents shall
interests of the adoptee; and be attached to the petition:

(d) The adoptee has been consistently considered and treated A. Birth, baptismal or foundling certificate, as the case may be,
by petitioner as his own child. and school records showing the name, age and residence of the
adoptee;

SECTION 9. Adoption of a foundling, an abandoned, dependent or

neglected child. In case the adoptee is a foundling, an abandoned, B. Affidavit of consent of the following:
dependent or neglected child, the petition shall allege:
1. The adoptee, if ten (10) years of age or over;
(a) The facts showing that the child is a foundling, abandoned,
dependent or neglected;

18
 2. The biological parents of the child, if known, or the F. Decree of annulment, nullity or legal separation of the
legal guardian, or the child-placement agency, child-caring adopter as well as that of the biological parents of the adoptee, if
any.
agency, or the proper government instrumentality which
has legal custody of the child;

3. The legitimate and adopted children of the adopter and SECTION 12. Order of Hearing. If the petition and attachments are
sufficient in form and substance, the court shall issue an order which
of the adoptee, if any, who are ten (10) years of age or
shall contain the following:
over;
(1) the registered name of the adoptee in the birth certificate
4. The illegitimate children of the adopter living with him and the names by which the adoptee has been known which shall
be stated in the caption;
who are ten (10) years of age or over; and

(2) the purpose of the petition;

5. The spouse, if any, of the adopter or adoptee.
(3) the complete name which the adoptee will use if the petition
is granted;

C. Child study report on the adoptee and his biological parents; (4) the date and place of hearing which shall be set within six
(6) months from the date of the issuance of the order and shall
direct that a copy thereof be published before the date of hearing
at least once a week for three successive weeks in a newspaper of
D. If the petitioner is an alien, certification by his diplomatic or general circulation in the province or city where the court is
consular office or any appropriate government agency that he has situated; Provided, that in case of application for change of name,
the legal capacity to adopt in his country and that his government the date set for hearing shall not be within four (4) months after
allows the adoptee to enter his country as his own adopted child the last publication of the notice nor within thirty (30) days prior
unless exempted under Section 4(2); to an election.

E. Home study report on the adopters. If the adopter is an alien The newspaper shall be selected by raffle under the supervision
or residing abroad but qualified to adopt, the home study report of the Executive Judge.
by a foreign adoption agency duly accredited by the Inter-Country
Adoption Board; and

(5) a directive to the social worker of the court, the social

service office of the local government unit or any child-placing or

19
 child-caring agency, or the Department to prepare and submit that the adopter has sincere intentions and that the adoption shall inure
child and home study reports before the hearing if such reports to the best interests of the child.
had not been attached to the petition due to unavailability at the
time of the filing of the latter; and

In case the adopter is an alien, the home study report must show the
legal capacity to adopt and that his government allows the adoptee to
(6) a directive to the social worker of the court to conduct enter his country as his adopted child in the absence of the certification
counseling sessions with the biological parents on the matter of required under Section 7(b) of Republic Act No. 8552.
adoption of the adoptee and submit her report before the date of
hearing.

If after the conduct of the case studies, the social worker finds that
there are grounds to deny the petition, he shall make the proper
At the discretion of the court, copies of the order of hearing shall also recommendation to the court, furnishing a copy thereof to the
be furnished the Office of the Solicitor General through the provincial or petitioner.
city prosecutor, the Department and the biological parents of the
adoptee, if known.

SECTION 14. Hearing. Upon satisfactory proof that the order of

hearing has been published and jurisdictional requirements have been
If a change in the name of the adoptee is prayed for in the petition, complied with, the court shall proceed to hear the petition. The
notice to the Solicitor General shall be mandatory. petitioner and the adoptee must personally appear and the former must
testify before the presiding judge of the court on the date set for
hearing.

SECTION 13. Child and Home Study Reports. In preparing the child
study report on the adoptee, the concerned social worker shall verify
with the Civil Registry the real identity and registered name of the The court shall verify from the social worker and determine whether
adoptee. If the birth of the adoptee was not registered with the Civil the biological parent has been properly counseled against making hasty
Registry, it shall be the responsibility of the social worker to register the decisions caused by strain or anxiety to give up the child; ensure that
adoptee and secure a certificate of foundling or late registration, as the all measures to strengthen the family have been exhausted; and
case may be. ascertain if any prolonged stay of the child in his own home will be
inimical to his welfare and interest.

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

20
 SECTION 15. Supervised Trial Custody. Before issuance of the decree
of adoption, the court shall give the adopter trial custody of the adoptee
for a period of at least six (6) months within which the parties are The social worker shall submit to the court a report on the result of
expected to adjust psychologically and emotionally to each other and the trial custody within two weeks after its termination.
establish a bonding relationship. The trial custody shall be monitored by
the social worker of the court, the Department, or the social service of
the local government unit, or the child-placement or child-caring agency
which submitted and prepared the case studies. During said period, SECTION 16. Decree of Adoption. If the supervised trial custody is
temporary parental authority shall be vested in the adopter. satisfactory to the parties and the court is convinced from the trial
custody report and the evidence adduced that the adoption shall
redound to the best interests of the adoptee, a decree of adoption shall
be issued which shall take effect as of the date the original petition was
The court may, motu proprio or upon motion of any party, reduce the filed even if the petitioners die before its issuance.
period or exempt the parties if it finds that the same shall be for the
best interests of the adoptee, stating the reasons therefor.

The decree shall:

An alien adopter however must complete the 6-month trial custody A. State the name by which the child is to be known and
except the following: registered;

a) a former Filipino citizen who seeks to adopt a relative within

the fourth (4th) degree of consanguinity or affinity; or
B. Order:
b) one who seeks to adopt the legitimate child of his Filipino
spouse; or 1) the Clerk of Court to issue to the adopter a certificate
of finality upon expiration of the 15-day reglementary
c) one who is married to a Filipino citizen and seeks to adopt
jointly with his or her spouse the latters relative within the fourth period within which to appeal;
(4th) degree of consanguinity or affinity.
2) the adopter to submit a certified true copy of the
decree of adoption and the certificate of finality to the Civil
Registrar where the child was originally registered within
If the child is below seven (7) years of age and is placed with the
prospective adopter through a pre-adoption placement authority issued thirty (30) days from receipt of the certificate of finality. In
by the Department, the court shall order that the prospective adopter case of change of name, the decree shall be submitted to
shall enjoy all the benefits to which the biological parent is entitled from
the date the adoptee is placed with him.

21
 the Civil Registrar where the court issuing the same is SECTION 17. Book of Adoptions. The Clerk of Court shall keep a book
situated. of adoptions showing the date of issuance of the decree in each case,
compliance by the Civil Registrar with Section 16(B)(3) and all incidents
arising after the issuance of the decree.
3) the Civil Registrar of the place where the adoptee was
registered:

a. to annotate on the adoptees original certificate SECTION 18. Confidential Nature of Proceedings and Records. All
of birth the decree of adoption within thirty (30) days hearings in adoption cases, after compliance with the jurisdictional
from receipt of the certificate of finality; requirements shall be confidential and shall not be open to the public.
All records, books and papers relating to the adoption cases in the files
b. to issue a certificate of birth which shall not bear of the court, the Department, or any other agency or institution
any notation that it is a new or amended certificate participating in the adoption proceedings shall be kept strictly
and which shall show, among others, the following: confidential.
registry number, date of registration, name of child,
sex, date of birth, place of birth, name and citizenship
of adoptive mother and father, and the date and place
of their marriage, when applicable; If the court finds that the disclosure of the information to a third
person is necessary for security reasons or for purposes connected with
c. to seal the original certificate of birth in the civil or arising out of the adoption and will be for the best interests of the
registry records which can be opened only upon order adoptee, the court may, upon proper motion, order the necessary
of the court which issued the decree of adoption; and information to be released, restricting the purposes for which it may be
used.
d. to submit to the court issuing the decree of
adoption proof of compliance with all the foregoing
within thirty days from receipt of the decree.
SECTION 19. Rescission of Adoption of the Adoptee. The petition
shall be verified and filed by the adoptee who is over eighteen (18)
years of age, or with the assistance of the Department, if he is a minor,
If the adoptee is a foundling, the court shall order the Civil Registrar or if he is over eighteen (18) years of age but is incapacitated, by his
where the foundling was registered, to annotate the decree of adoption guardian or counsel.
on the foundling certificate and a new birth certificate shall be ordered
prepared by the Civil Registrar in accordance with the decree.

The adoption may be rescinded based on any of the following grounds

committed by the adopter:

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 1) repeated physical and verbal maltreatment by the adopter
despite having undergone counseling;
SECTION 23. Judgment. If the court finds that the allegations of the
petition are true, it shall render judgment ordering the rescission of
2) attempt on the life of the adoptee;
adoption, with or without costs, as justice requires.

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations. The court shall order that the parental authority of the biological
parent of the adoptee, if known, or the legal custody of the Department
shall be restored if the adoptee is still a minor or incapacitated and
declare that the reciprocal rights and obligations of the adopter and the
adoptee to each other shall be extinguished.
Adoption, being in the best interests of the child, shall not be subject
to rescission by the adopter. However, the adopter may disinherit the
The court shall further declare that successional rights shall revert to
adoptee for causes provided in Article 919 of the Civil Code.
its status prior to adoption, as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial rescission shall be
respected.

SECTION 20. Venue. The petition shall be filed with the Family Court
of the city or province where the adoptee resides.
It shall also order the adoptee to use the name stated in his original
birth or foundling certificate.

SECTION 21. Time within which to file petition. The adoptee, if

incapacitated, must file the petition for rescission or revocation of
adoption within five (5) years after he reaches the age of majority, or if
The court shall further order the Civil Registrar where the adoption
he was incompetent at the time of the adoption, within five (5) years
decree was registered to cancel the new birth certificate of the adoptee
after recovery from such incompetency.
and reinstate his original birth or foundling certificate.

SECTION 22. Order to Answer. The court shall issue an order

SECTION 24. Service of Judgment. A certified true copy of the
requiring the adverse party to answer the petition within fifteen (15)
judgment together with a certificate of finality issued by the Branch
days from receipt of a copy thereof. The order and copy of the petition
Clerk of the Court which rendered the decision in accordance with the
shall be served on the adverse party in such manner as the court may
preceding Section shall be served by the petitioner upon the Civil
direct.
Registrar concerned within thirty (30) days from receipt of the
certificate of finality. The Civil Registrar shall forthwith enter the

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rescission decree in the register and submit proof of compliance to the c) take all measures to ensure that the placement arising
court issuing the decree and the Clerk of Court within thirty (30) days therefrom does not result in improper financial gain for those
from receipt of the decree. involved.

SECTION 28. Where to File Petition. A verified petition to adopt a

Filipino child may be filed by a foreign national or Filipino citizen
The Clerk of Court shall enter the compliance in accordance with permanently residing abroad with the Family Court having jurisdiction
Section 17 hereof. over the place where the child resides or may be found.

SECTION 25. Repeal. This supersedes Rule 99 on Adoption and Rule It may be filed directly with the Inter-Country Adoption Board.
100 of the Rules of Court.

SECTION 29. Who may be adopted. Only a child legally available for
B. Inter-Country Adoption domestic adoption may be the subject of inter-country adoption.

SECTION 26. Applicability. The following sections apply to inter- SECTION 30. Contents of Petition. The petitioner must allege:
country adoption of Filipino children by foreign nationals and Filipino
citizens permanently residing abroad. a) his age and the age of the child to be adopted, showing that he
is at least twenty-seven (27) years of age and at least sixteen (16)
years older than the child to be adopted at the time of application,
SECTION 27. Objectives. The State shall: unless the petitioner is the parent by nature of the child to be
adopted or the spouse of such parent, in which case the age
a) consider inter-country adoption as an alternative means of
difference does not apply;
child care, if the child cannot be placed in a foster or an adoptive
family or cannot, in any suitable manner, be cared for in the
Philippines; b) if married, the name of the spouse who must be joined as co-
petitioner except when the adoptee is a legitimate child of his
b) ensure that the child subject of inter-country adoption enjoys spouse;
the same protection accorded to children in domestic adoption;
and
c) that he has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws, and

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 has undergone the appropriate counseling from an accredited b) Marriage contract, if married, and, if applicable, the divorce
counselor in his country; decree, or judgment dissolving the marriage;

d) that he has not been convicted of a crime involving moral c) Sworn statement of consent of petitioners biological or
turpitude; adopted children above ten (10) years of age;

e) that he is eligible to adopt under his national law; d) Physical, medical and psychological evaluation of the petitioner
certified by a duly licensed physician and psychologist;
f) that he can provide the proper care and support and instill the
necessary moral values and example to all his children, including e) Income tax returns or any authentic document showing the
the child to be adopted; current financial capability of the petitioner;

g) that he agrees to uphold the basic rights of the child, as f) Police clearance of petitioner issued within six (6) months
embodied under Philippine laws and the U. N. Convention on the before the filing of the petitioner;
Rights of the Child, and to abide by the rules and regulations issued
to implement the provisions of Republic Act No. 8043; g) Character reference from the local church/minister, the
petitioners employer and a member of the immediate community
h) that he comes from a country with which the Philippines has who have known the petitioner for at least five (5) years;
diplomatic relations and whose government maintains a similarly
authorized and accredited agency and that adoption of a Filipino h) Full body postcard-size pictures of the petitioner and his

child is allowed under his national laws; and immediate family taken at least six (6) months before the filing of
the petition.
i) that he possesses all the qualifications and none of the
disqualifications provided in this Rule, in Republic Act No. 8043 and SECTION 32. Duty of Court. The court, after finding that the petition
is sufficient in form and substance and a proper case for inter-country
in all other applicable Philippine laws.
adoption, shall immediately transmit the petition to the Inter-Country
Adoption Board for appropriate action.
SECTION 31. Annexes. The petition for adoption shall contain the
following annexes written and officially translated in English:

SECTION 33. Effectivity. This Rule shall take effect on August 22,
a) Birth certificate of petitioner;
2002 following its publication in a newspaper of general circulation.

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