Republic of the Philippines Any voluntary or involuntary termination of parental authority shall be

Congress of the Philippines administratively or judicially declared so as to establish the status of the child
Metro Manila as "legally available for adoption" and his/her custody transferred to the
Tenth Congress Department of Social Welfare and Development or to any duly licensed and
accredited child-placing or child-caring agency, which entity shall be
Republic Act No. 8552 February 25, 1998 authorized to take steps for the permanent placement of the child;
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE (iv) Conduct public information and educational campaigns to promote a
DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER positive environment for adoption;
PURPOSES (v) Ensure that sufficient capacity exists within government and private sector
Be it enacted by the Senate and House of Representatives of the Philippines agencies to handle adoption inquiries, process domestic adoption
in Congress assembled:: applications, and offer adoption-related services including, but not limited to,
ARTICLE I parent preparation and post-adoption education and counseling; and
GENERAL PROVISIONS (vi) Encourage domestic adoption so as to preserve the child's identity and
Section 1. Short Title. – This Act shall be known as the "Domestic Adoption culture in his/her native land, and only when this is not available shall
Act of 1998." intercountry adoption be considered as a last resort.
Section 2. Declaration of Policies. – (a) It is hereby declared the policy of Section 3. Definition of Terms. – For purposes of this Act, the following
the State to ensure that every child remains under the care and custody of terms shall be defined as:
his/her parent(s) and be provided with love, care, understanding and security (a) "Child" is a person below eighteen (18) years of age.
towards the full and harmonious development of his/her personality. Only (b) "A child legally available for adoption" refers to a child who has been
when such efforts prove insufficient and no appropriate placement or voluntarily or involuntarily committed to the Department or to a duly licensed
adoption within the child's extended family is available shall adoption by an and accredited child-placing or child-caring agency, freed of the parental
unrelated person be considered. authority of his/her biological parent(s) or guardian or adopter(s) in case of
(b) In all matters relating to the care, custody and adoption of a child, his/her rescission of adoption.
interest shall be the paramount consideration in accordance with the tenets (c) "Voluntarily committed child" is one whose parent(s) knowingly and
set forth in the United Nations (UN) Convention on the Rights of the Child; willingly relinquishes parental authority to the Department.
UN Declaration on Social and Legal Principles Relating to the Protection and (d) "Involuntarily committed child" is one whose parent(s), known or
Welfare of Children with Special Reference to Foster Placement and unknown, has been permanently and judicially deprived of parental authority
Adoption, Nationally and Internationally; and the Hague Convention on the due to abandonment; substantial, continuous, or repeated neglect; abuse; or
Protection of Children and Cooperation in Respect of Intercountry Adoption. incompetence to discharge parental responsibilities.
Toward this end, the State shall provide alternative protection and assistance (e) "Abandoned child" refers to one who has no proper parental care or
through foster care or adoption for every child who is neglected, orphaned, or guardianship or whose parent(s) has deserted him/her for a period of at least
abandoned. six (6) continuous months and has been judicially declared as such.
(c) It shall also be a State policy to: (f) "Supervised trial custody" is a period of time within which a social worker
(i) Safeguard the biological parent(s) from making hurried decisions to oversees the adjustment and emotional readiness of both adopter(s) and
relinquish his/her parental authority over his/her child; adoptee in stabilizing their filial relationship.
(ii) Prevent the child from unnecessary separation from his/her biological (g) "Department" refers to the Department of Social Welfare and
parent(s); Development.
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental (h) "Child-placing agency" is a duly licensed and accredited agency by the
authority and custody over his/her adopted child. Department to provide comprehensive child welfare services including, but
not limited to, receiving applications for adoption, evaluating the prospective Section 6. Support Services. – The Department shall develop a pre-
adoptive parents, and preparing the adoption home study. adoption program which shall include, among others, the above mentioned
(i) "Child-caring agency" is a duly licensed and accredited agency by the services.
Department that provides twenty four (24)-hour residential care services for ARTICLE III
abandoned, orphaned, neglected, or voluntarily committed children. ELIGIBILITY
(j) "Simulation of birth" is the tampering of the civil registry making it appear Section 7. Who May Adopt. – The following may adopt:
in the birth records that a certain child was born to a person who is not (a) Any Filipino citizen of legal age, in possession of full civil capacity and
his/her biological mother, causing such child to lose his/her true identity and legal rights, of good moral character, has not been convicted of any crime
status. involving moral turpitude, emotionally and psychologically capable of caring
ARTICLE II for children, at least sixteen (16) years older than the adoptee, and who is in
PRE-ADOPTION SERVICES a position to support and care for his/her children in keeping with the means
Section 4. Counseling Service. – The Department shall provide the of the family. The requirement of sixteen (16) year difference between the
services of licensed social workers to the following: age of the adopter and adoptee may be waived when the adopter is the
(a) Biological Parent(s) – Counseling shall be provided to the parent(s) biological parent of the adoptee, or is the spouse of the adoptee's parent;
before and after the birth of his/her child. No binding commitment to an (b) Any alien possessing the same qualifications as above stated for Filipino
adoption plan shall be permitted before the birth of his/her child. A period of nationals: Provided, That his/her country has diplomatic relations with the
six (6) months shall be allowed for the biological parent(s) to reconsider any Republic of the Philippines, that he/she has been living in the Philippines for
decision to relinquish his/her child for adoption before the decision becomes at least three (3) continuous years prior to the filing of the application for
irrevocable. Counseling and rehabilitation services shall also be offered to adoption and maintains such residence until the adoption decree is entered,
the biological parent(s) after he/she has relinquished his/her child for that he/she has been certified by his/her diplomatic or consular office or any
adoption. appropriate government agency that he/she has the legal capacity to adopt in
Steps shall be taken by the Department to ensure that no hurried decisions his/her country, and that his/her government allows the adoptee to enter
are made and all alternatives for the child's future and the implications of his/her country as his/her adopted son/daughter: Provided, Further, That the
each alternative have been provided. requirements on residency and certification of the alien's qualification to
(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora and adopt in his/her country may be waived for the following:
seminars, among others, shall be provided to prospective adoptive parent(s) (i) a former Filipino citizen who seeks to adopt a relative within the fourth
to resolve possible adoption issues and to prepare him/her for effective (4th) degree of consanguinity or affinity; or
parenting. (ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino
(c) Prospective Adoptee – Counseling sessions shall be provided to ensure spouse; or
that he/she understands the nature and effects of adoption and is able to (iii) one who is married to a Filipino citizen and seeks to adopt jointly with
express his/her views on adoption in accordance with his/her age and level his/her spouse a relative within the fourth (4th) degree of consanguinity or
of maturity. affinity of the Filipino spouse; or
Section 5. Location of Unknown Parent(s). – It shall be the duty of the (c) The guardian with respect to the ward after the termination of the
Department or the child-placing or child-caring agency which has custody of guardianship and clearance of his/her financial accountabilities.
the child to exert all efforts to locate his/her unknown biological parent(s). If Husband and wife shall jointly adopt, except in the following cases:
such efforts fail, the child shall be registered as a foundling and subsequently (i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
be the subject of legal proceedings where he/she shall be declared (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter:
abandoned. Provided, However, that the other spouse has signified his/her consent
thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate adopter(s), and has submitted the report and recommendations on the matter
son/daughter of the other, joint parental authority shall be exercised by the to the court hearing such petition.
spouses. At the time of preparation of the adoptee's case study, the concerned social
Section 8. Who May Be Adopted. – The following may be adopted: worker shall confirm with the Civil Registry the real identity and registered
(a) Any person below eighteen (18) years of age who has been name of the adoptee. If the birth of the adoptee was not registered with the
administratively or judicially declared available for adoption; Civil Registry, it shall be the responsibility of the concerned social worker to
(b) The legitimate son/daughter of one spouse by the other spouse; ensure that the adoptee is registered.
(c) An illegitimate son/daughter by a qualified adopter to improve his/her The case study on the adoptee shall establish that he/she is legally available
status to that of legitimacy; for adoption and that the documents to support this fact are valid and
(d) A person of legal age if, prior to the adoption, said person has been authentic. Further, the case study of the adopter(s) shall ascertain his/her
consistently considered and treated by the adopter(s) as his/her own child genuine intentions and that the adoption is in the best interest of the child.
since minority; The Department shall intervene on behalf of the adoptee if it finds, after the
(e) A child whose adoption has been previously rescinded; or conduct of the case studies, that the petition should be denied. The case
(f) A child whose biological or adoptive parent(s) has died: Provided, That no studies and other relevant documents and records pertaining to the adoptee
proceedings shall be initiated within six (6) months from the time of death of and the adoption shall be preserved by the Department.
said parent(s). Section 12. Supervised Trial Custody. – No petition for adoption shall be
Section 9. Whose Consent is Necessary to the Adoption. – After being finally granted until the adopter(s) has been given by the court a supervised
properly counseled and informed of his/her right to give or withhold his/her trial custody period for at least six (6) months within which the parties are
approval of the adoption, the written consent of the following to the adoption expected to adjust psychologically and emotionally to each other and
is hereby required: establish a bonding relationship. During said period, temporary parental
(a) The adoptee, if ten (10) years of age or over; authority shall be vested in the adopter(s).
(b) The biological parent(s) of the child, if known, or the legal guardian, or the The court may motu proprio or upon motion of any party reduce the trial
proper government instrumentality which has legal custody of the child; period if it finds the same to be in the best interest of the adoptee, stating the
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, reasons for the reduction of the period. However, for alien adopter(s), he/she
of the adopter(s) and adoptee, if any; must complete the six (6)-month trial custody except for those enumerated in
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the Sec. 7 (b) (i) (ii) (iii).
adopter if living with said adopter and the latter's spouse, if any; and If the child is below seven (7) years of age and is placed with the prospective
(e) The spouse, if any, of the person adopting or to be adopted. adopter(s) through a pre-adoption placement authority issued by the
ARTICLE IV Department, the prospective adopter(s) shall enjoy all the benefits to which
PROCEDURE biological parent(s) is entitled from the date the adoptee is placed with the
Section 10. Hurried Decisions. – In all proceedings for adoption, the court prospective adopter(s).
shall require proof that the biological parent(s) has been properly counseled Section 13. Decree of Adoption. – If, after the publication of the order of
to prevent him/her from making hurried decisions caused by strain or anxiety hearing has been complied with, and no opposition has been interposed to
to give up the child, and to sustain that all measures to strengthen the family the petition, and after consideration of the case studies, the qualifications of
have been exhausted and that any prolonged stay of the child in his/her own the adopter(s), trial custody report and the evidence submitted, the court is
home will be inimical to his/her welfare and interest. convinced that the petitioners are qualified to adopt, and that the adoption
Section 11. Case Study. – No petition for adoption shall be set for hearing would redound to the best interest of the adoptee, a decree of adoption shall
unless a licensed social worker of the Department, the social service office of be entered which shall be effective as of the date the original petition was
the local government unit, or any child-placing or child-caring agency has filed. This provision shall also apply in case the petitioner(s) dies before the
made a case study of the adoptee, his/her biological parent(s), as well as the
issuance of the decree of adoption to protect the interest of the adoptee. The be rescinded on any of the following grounds committed by the adopter(s):
decree shall state the name by which the child is to be known. (a) repeated physical and verbal maltreatment by the adopter(s) despite
Section 14. Civil Registry Record. – An amended certificate of birth shall having undergone counseling; (b) attempt on the life of the adoptee; (c)
be issued by the Civil Registry, as required by the Rules of Court, attesting to sexual assault or violence; or (d) abandonment and failure to comply with
the fact that the adoptee is the child of the adopter(s) by being registered parental obligations.
with his/her surname. The original certificate of birth shall be stamped Adoption, being in the best interest of the child, shall not be subject to
"cancelled" with the annotation of the issuance of an amended birth rescission by the adopter(s). However, the adopter(s) may disinherit the
certificate in its place and shall be sealed in the civil registry records. The adoptee for causes provided in Article 919 of the Civil Code.
new birth certificate to be issued to the adoptee shall not bear any notation Section 20. Effects of Rescission. – If the petition is granted, the parental
that it is an amended issue. authority of the adoptee's biological parent(s), if known, or the legal custody
Section 15. Confidential Nature of Proceedings and Records. – All of the Department shall be restored if the adoptee is still a minor or
hearings in adoption cases shall be confidential and shall not be open to the incapacitated. The reciprocal rights and obligations of the adopter(s) and the
public. All records, books, and papers relating to the adoption cases in the adoptee to each other shall be extinguished.
files of the court, the Department, or any other agency or institution The court shall order the Civil Registrar to cancel the amended certificate of
participating in the adoption proceedings shall be kept strictly confidential. birth of the adoptee and restore his/her original birth certificate.
If the court finds that the disclosure of the information to a third person is Succession rights shall revert to its status prior to adoption, but only as of the
necessary for purposes connected with or arising out of the adoption and will date of judgment of judicial rescission. Vested rights acquired prior to judicial
be for the best interest of the adoptee, the court may merit the necessary rescission shall be respected.
information to be released, restricting the purposes for which it may be used. All the foregoing effects of rescission of adoption shall be without prejudice to
ARTICLE V the penalties imposable under the Penal Code if the criminal acts are
EFFECTS OF ADOPTION properly proven.
Section 16. Parental Authority. – Except in cases where the biological ARTICLE VII
parent is the spouse of the adopter, all legal ties between the biological VIOLATIONS AND PENALTIES
parent(s) and the adoptee shall be severed and the same shall then be Section 21. Violations and Penalties. – (a) The penalty of imprisonment
vested on the adopter(s). ranging from six (6) years and one (1) day to twelve (12) years and/or a fine
Section 17. Legitimacy. – The adoptee shall be considered the legitimate not less than Fifty thousand pesos (P50,000.00), but not more than Two
son/daughter of the adopter(s) for all intents and purposes and as such is hundred thousand pesos (P200,000.00) at the discretion of the court shall be
entitled to all the rights and obligations provided by law to legitimate imposed on any person who shall commit any of the following acts:
sons/daughters born to them without discrimination of any kind. To this end, (i) obtaining consent for an adoption through coercion, undue influence,
the adoptee is entitled to love, guidance, and support in keeping with the fraud, improper material inducement, or other similar acts;
means of the family. (ii) non-compliance with the procedures and safeguards provided by the law
Section 18. Succession. – In legal and intestate succession, the adopter(s) for adoption; or
and the adoptee shall have reciprocal rights of succession without distinction (iii) subjecting or exposing the child to be adopted to danger, abuse, or
from legitimate filiation. However, if the adoptee and his/her biological exploitation.
parent(s) had left a will, the law on testamentary succession shall govern. (b) Any person who shall cause the fictitious registration of the birth of a child
ARTICLE VI under the name(s) of a person(s) who is not his/her biological parent(s) shall
RESCISSION OF ADOPTION be guilty of simulation of birth, and shall be punished by prision mayor in its
Section 19. Grounds for Rescission of Adoption. – Upon petition of the medium period and a fine not exceeding Fifty thousand pesos (P50,000.00).
adoptee, with the assistance of the Department if a minor or if over eighteen Any physician or nurse or hospital personnel who, in violation of his/her oath
(18) years of age but is incapacitated, as guardian/counsel, the adoption may of office, shall cooperate in the execution of the abovementioned crime shall
suffer the penalties herein prescribed and also the penalty of permanent ARTICLE VIII
disqualification. FINAL PROVISIONS
Any person who shall violate established regulations relating to the Section 23. Adoption Resource and Referral Office. – There shall be
confidentiality and integrity of records, documents, and communications of established an Adoption Resources and Referral Office under the
adoption applications, cases, and processes shall suffer the penalty of Department with the following functions: (a) monitor the existence, number,
imprisonment ranging from one (1) year and one (1) day to two (2) years, and flow of children legally available for adoption and prospective adopter(s)
and/or a fine of not less than Five thousand pesos (P5,000.00) but not more so as to facilitate their matching; (b) maintain a nationwide information and
than Ten thousand pesos (P10,000.00), at the discretion of the court. educational campaign on domestic adoption; (c) keep records of adoption
A penalty lower by two (2) degrees than that prescribed for the consummated proceedings; (d) generate resources to help child-caring and child-placing
offense under this Article shall be imposed upon the principals of the attempt agencies and foster homes maintain viability; and (e) do policy research in
to commit any of the acts herein enumerated. Acts punishable under this collaboration with the Intercountry Adoption Board and other concerned
Article, when committed by a syndicate or where it involves two (2) or more agencies. The office shall be manned by adoption experts from the public
children shall be considered as an offense constituting child trafficking and and private sectors.
shall merit the penalty of reclusion perpetua. Section 24. Implementing Rules and Regulations. – Within six (6) months
Acts punishable under this Article are deemed committed by a syndicate if from the promulgation of this Act, the Department, with the Council for the
carried out by a group of three (3) or more persons conspiring and/or Welfare of Children, the Office of Civil Registry General, the Department of
confederating with one another in carrying out any of the unlawful acts Justice, Office of the Solicitor General, and two (2) private individuals
defined under this Article. Penalties as are herein provided, shall be in representing child-placing and child-caring agencies shall formulate the
addition to any other penalties which may be imposed for the same acts necessary guidelines to make the provisions of this Act operative.
punishable under other laws, ordinances, executive orders, and Section 25. Appropriations. – Such sum as may be necessary for the
proclamations. implementation of the provisions of this Act shall be included in the General
When the offender is an alien, he/she shall be deported immediately after Appropriations Act of the year following its enactment into law and thereafter.
service of sentence and perpetually excluded from entry to the country. Section 26. Repealing Clause. – Any law, presidential decree or issuance,
Any government official, employee or functionary who shall be found guilty of executive order, letter of instruction, administrative order, rule, or regulation
violating any of the provisions of this Act, or who shall conspire with private contrary to, or inconsistent with the provisions of this Act is hereby repealed,
individuals shall, in addition to the above-prescribed penalties, be penalized modified, or amended accordingly.
in accordance with existing civil service laws, rules and regulations: Section 27. Separability Clause. – If any provision of this Act is held invalid
Provided, That upon the filing of a case, either administrative or criminal, said or unconstitutional, the other provisions not affected thereby shall remain
government official, employee, or functionary concerned shall automatically valid and subsisting.
suffer suspension until the resolution of the case. Section 28. Effectivity Clause. – This Act shall take effect fifteen (15) days
Section 22. Rectification of Simulated Births. – A person who has, prior to following its complete publication in any newspaper of general circulation or
the effectivity of this Act, simulated the birth of a child shall not be punished in the Official Gazette.
for such act: Provided, That the simulation of birth was made for the best Approved: February 25, 1998
interest of the child and that he/she has been consistently considered and
treated by that person as his/her own son/daughter: Provided, further, That
the application for correction of the birth registration and petition for adoption
shall be filed within five (5) years from the effectivity of this Act and
completed thereafter: Provided, finally, That such person complies with the
procedure as specified in Article IV of this Act and other requirements as
determined by the Department.