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Adoption

A socio-legal process ofproviding a permanent family

to a child whose parents havevoluntarily relinquished theirparental authority over thechild

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State Policies

1. Ensure that every child remains under the careand custody of his/her parents and be providedwith love, care, understanding and securitytowards the full and harmonious developmentof his/her personality.

2. In all matters relating to care, custody andadoption of a child, his/her interest shall be theparamount consideration in accordance withthe levels set forth in the UN CRC and other

international instruments. The state shallprovide alternative protection and assistancethrough foster care or adoption for every childwho is neglected, orphaned or abandoned

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3. It is a State Policy to:

3.1. Safeguard biological parents from making

hurried decisions to relinquish his/herparental authority over his/her child.

3.2. Prevent the child from unnecessaryseparation from his/her biologicalparents.

3.3. Protect adoptive parents from attempts todisturb his/her parental authority andcustody over his/her adopted child.

Any voluntary or involuntary termination ofparental authority shall be administratively orjudicially declared to establish the status ofchild as legally available for adoption

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custody of child is transferred to DSWDor to any licensed CCA/CPA which shall

be authorized to do permanentplacement of child

3.4. Conduct public information andeducational campaign

3.5. Ensure sufficient capacity exists withingovernment and private agencies tohandle adoption inquiries, applicationsand adoption related services.

3.6. Encourage domestic adoption topreserve childs identity and culture andto consider ICA as a last resort

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Salient Features ofRA 8552

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1. Pre-Adoption Services (Sec.4)

1.1. Biological Parent(s) counseling services

ensure that no hurried decision is made

6 months to reconsider decision to relinquishchild

1.2. Prospective Adoptive Parent(s) counseling sessions

attendance to adoption fora and seminars(certificate of attendance)

1.3. Prospective Adoptee counseling sessions

To understand nature and effects of adoption

To express views on adoption

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His/her country has diplomatic relationswith the Philippines

Has been living in the Philippines for atleast 3 continuous years prior to filing of

application for adoption

2. An Alien Possessing all theQualifications stated forFilipino Nationals may Adopt(Sec.7)

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Maintains such residence until the

adoption decree is entered

Has been certified by his/herdiplomatic or consular office or anyappropriate agency that he/she has

legal capacity to adopt in his/hercountry

His/her government allows theadoptee to enter his/her country as

his/her adopted child

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Requirements on residency may bewaived for the following reasons:

A former Filipino citizen who seeksto adopt a relative within the 4thdegree of consanguinity or affinity;or

One who seeks to adopt thelegitimate child of his/her spouse; or

One who is married to a Filipinocitizen and seeks to adopt jointly

with his/her spouse a relative withinthe 4th degree of consanguinity oraffinity of the Filipino spouse.

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3. Benefits of Adoption

The adoptive parents shall, with respectto the adopted child, enjoy all the benefitsto which biological parents are entitled.Maternity and paternity benefits and other

benefits given to biological parents uponthe birth of a child shall be enjoyed if theadoptee is below seven (7) years of ageas of the date the child is placed with theadoptive parents thru the Pre-AdoptivePlacement Authority (PAPA) issued by theDepartment.

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4. Succession (Sec. 18)

In legal and interstate succession, theadopters and the adoptee shall havereciprocal rights of succession without

distinction from legitimate filiations.However, if the adoptee and his/herbiological parent(s) had left a will, thelaw or testamentary succession willgovern.

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5. Grounds for Rescission ofAdoption (Sec. 19)

An adoptee shall not be subject to

recission by adopter(s). However, theadopter(s) may disinherit the adopteefor causes provided in Article 919 ofthe Civil Code.

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The adoptee, if minor or over 18 but isincapacitated with the assistance ofDSWD or a guardian may be rescindedon the following grounds committed bythe adopter(s):

repeated physical and verbal

maltreatment by the adoptersdespite having undergonecounseling;

attempt on the life of the adoptee;

sexual assault or violence; or abandonement and failure to

comply with parental obligations.

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6. Post Adoption Services (IRRSec. 32)

these shall be made available to theadoptee, adopter and the biologicalparents by the DSWD, LGU, CC/CPAs:

counseling services

tracing of roots

other issues on adoption

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7. Creation of the AdoptionResource and Reference

Office (ARRO)

Under the supervision of the DSWD

Central Office and Regional Director Central Office ARRO - PMB

Field Office ARRU RegionalDirector

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8. Rectification of SimulatedBirths

Prior to effectivity of law (March 18, 1998)those who simulated the birth of a child shallnot be punished provided that:

it was made for the best interest of the

child Child was considered and treated by the

person as his/her own son/ daughter It was filed within 5 years from effectivity

of the Act. (Amnesty ended March 18,

2003) Procedures in Art. IV of the Act and other

requirements are followed

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9. Violations and Penalties (Sec.21)Imprisonment ranging from 6 years and 1day to 12 years

And/or a fine not less than P50,000.00 butnot more than P200,000.00 at the discretionof the court shall be imposed on any personwho shall commit the following acts:

obtaining consent for an adoption throughcoercion, under influence, fraud, improperinducement or other similar acts;

non-compliance with the procedure andsafeguards provided by law for adoption; or

subjecting or exposing the child to beadopted to danger, abuse or exploitation.

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Causing the fictitious registration of thebirth of a child under the names of persons

who is/are not the childs biological parentsshall be guilty of simulation of birth

Penalty: fine not exceeding P50,000.00

prison major/medium period

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Types of Adoption

1. Agency Adoption

is when a licensed adoption agency finds anddevelops adoptive families for children who arevoluntarily or involuntarily committed. The

adoptive families go through the process fromapplication to finalization of the childs adoptionunder the auspices of the Department of SocialWelfare and Development or a licensed child-placing agency.

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2. Direct / Independent Placement Adoption

is when the biological parents make a directplacement of the child either to a relative, amember of their family, or a friend/non-relative with whom they relinquish theirchild.

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Effects of Adoption

1. Sever legal ties between the biologicalparent(s) and the adoptee, except when thebiological parents is the spouse of theadopter;

2. Deem adoptee as a legitimate child of the

adopter;3. Give the adopter and adoptee equal rights and

obligations arising from the relationship ofparents and child, including but not limited to:

the right of the adopter to choose thename the child is to be known; and

the rights of the adopter & adoptee to belegal and compulsory heirs of each other.

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Who may be adopted?

1. Any person below (18) years of age who hasbeen administratively or judicially declaredavailable for adoption in accordance with theprocedures as indicated in Articles 142 to 155of PD 603: The Child & Youth Welfare Code;

2. The legitimate son/daughter of one spouse bythe other spouse;

3. An illegitimate son/daughter by a qualifiedadopter to improve his/her status to that oflegitimacy;

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4. A person of legal age if, prior to the adoption,

said person has been consistentlyconsidered and treated by the adopter(s) ashis/her own child since minority;

5. A child whose adoption has been previouslyrescinded; or

6. A child whose biological or adoptiveparent(s) has died: Provided, That no

proceedings shall be initiated within six (6)months from the time of death of saidparent(s).

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Who may adopt?

1. Is of legal age;

2. Is at least sixteen (16) years older than theadoptee; Provided, however that the minimumage gap between the adopter and adopteemay not be required if the adopter is thebiological parent or sibling of the adoptee orthe spouse of the adoptees parent;

3. Has the capacity to act and assume all therights and duties incident to the exercise ofparental authority;

4. Is of good moral character and has not beenconvicted of any crime involving moral

turpitude;

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5. Is in position to support, educate and care for

his/her legitimate and illegitimate childrenand the child to be adopted in keeping withthe means of the family;

6. Has undergone pre-adoption services as

required in Section 4 of the Act.In addition to these qualifications, an alienmay adopt if he/she:

a. Is a citizen of a state which hasdiplomatic relationswith the Philippines;

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b. Has been certified by his/her diplomatic orconsular office or any appropriate agency

that:

i. He/she is qualified to adopt in his/hercountry; and

ii. His/her government will allow theadoptee to enter the adopters countryand reside there permanently as anadopted child;

c. Has submitted the necessary & such othercertifications as may be required by theDepartment.

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What are the documents needed?

For the prospective adoptive parents (PAP)

1. Authenticated birth certificate

2. Marriage contract or divorce, annulment,declaration of nullity or legal separation

documents3. Written consent to the adoption of the

legitimate, adopted or illegitimate childrenliving with the applicant who are aged 10

years old and above4. Physical and medical evaluation from a duly

licensed physician; psychological evaluation,if necessary.

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5. NBI/Police clearance

6. Latest Income Tax

7. Three (3) character reference

8. 3 x 5 picture

9. Certificate of attendance to adoption fora

10. Home Study Report

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For the prospective adoptive child

1. Authenticated birth certificate or foundlingcertificate

2. Written consent to adoption by the biologicalparent/s or the legal guardian & the writtenconsent of the child if at least 10 years old

3. Death certificate of biological parents, Decree

of Abandonment or Deed of VoluntaryCommitment, as appropriate

4. Medical Evaluation of the child and his/herparents, if available

5. Psychological Evaluation6. Picture of the child

7. Case study report

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1. Attendance to adoption fora / seminar

2. Application

3. Preparation of homestudy report

4. Approval / disapproval of application5. Matching or family selection

6. Pre-placement of child with the PAP

7. Placement

8. Supervised trial custody

Domestic Adoption Process

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9. Finalization of Childs adoption Issuance of the consent to adoption

Preparation and filing of petition foradoption

Social case study report Court hearing on the petition

10. Issuance of the Adoption Decree

11. Issuance of Amended Birth Certificate

12. Issuance of a Certificate of Finality

13. Provision of Post adoptive services

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Domestic Adoption Process

Y

Child Study

Attendance to

Adoption Fora/Seminar

Application forAdoption by

Prospective AdoptiveApplicant/s (PAP)

Assessment/ Home

Study of PAPMatching(RegionalCWSG)

Placement of Childwith PAP

Inter-regionalMatching(IAPC)

Inter-country

Matching

Matching(RegionalCWSG)

Issuance of

Consent toAdoption

File Adoption

Petition CourtHearing

Adoption Decree

Amended BirthCertificate

Post AdoptionServices

Placement to Foster

Families/ or return to CCAs

Childs Documents

Child

Y

N

NN

PAP

Legend:Y yesN noCWSG ChildWelfareSpecialist Group

Identification ofchild for adoption

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Inter country Adoption Board (ICAB)

Inter country Placement Committee (ICPC)

Inter regional MatchingProgram Management Bureau

(DSWD Central Office)

Inter regional MatchingCommittee (IMC)

Local Adoption(DSWD Field Office)

Regional Child and Welfare SpecialistGroup (CWSG)

Levels of Adoption

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1. Post Adoption Services (PAS) refer topsycho-social and support services providedto the adoptee, adoptive parents and birthparents by the social worker, ICAB, CC/CPagencies trained on adoption and by other

professionals.a. Search for Biological Parents

Factors why Adoptees Search

{studies of Triseoliotis (1973) and Sorosky (1975)}

Non-disclosure of background information onthe revelation of only hostile data

Unsatisfactory adoptive family relationships

Negative self-image

Related Issues/Concerns onAdoption

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b. Why is there a need to have a mechanism fora systematic delivery of post adoptionservices? To provide protection to the rights of the

adoptee, adoptive parents and the birthparents

To maintain the confidentiality and privacy ofthe adoption

To prepare the adoptee, adoptive parents andthe birth parents prior to the search andreunion, if decided.

To provide supervised access to relevant info/

records to the adoptee and adoptive parents To define and support all other post placement

PAS as a resource for the adoptee, adoptiveparents and the birth parents

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2. Disruption of Adoption Placement

Occurs when adoption placement is not

completed or discontinued due toproblems either or both on the parts ofthe child and/ or adoptive family

Refrain from use of the word failure soas not to reinforce feelings of guilt and

inadequacy of the adoptive family, thechild or social worker

Disruption may occur if there is:

1. Mismatching of adoptive family and child

2. Inadequate assessment and preparation of adoptiveparents

3. Poor preparation of the child

4. Fragmented post placement visits

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3. Rescission of Adoption

Require a judicial extinguishment of all

reciprocal rights and obligations betweenthe adoptees and the adoptive parents

Adoption may only be rescinded only uponthe petition of the adoptee with theassistance of the DSWD, if a minor, or if

over 18 years old but is incapacitated Adoptees may disinherit the adoptee for

causes provided in Article 919 of the CivilCode

GROUNDS:

1. Repeated physical and verbal maltreatment by the adopter(s)despite having undergone counseling;

2. Attempt on the life of the adoptee;

3. Sexual assault or violence; or

4.

Abandonment and failure to comply with parental obligations

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EFFECTS:1. Restoration of parental authority of the adoptees

biological parent (s), if known or the legal custodyof the Department of the adoptee if still a minor orincapacitated.

2. The reciprocal rights and obligations of theadopter (s) and the adoptee to each other shall

be extinguished3. Cancellation of the new birth certificate of the

adoptee by the Civil Registrar as ordered by thecourt and restoration of the adopters original birthcertificate.

4. Succession rights shall revert to its status prior toadoption but only as of the date of judgment ofjudicial rescission.

5. Vested rights acquired prior to judicial rescissionshall be respected.

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PROCEDURES

1. If a report of the situations enumerated aboveare committed by the adoptive parents to anadoptee who is a minor below 18 years old hadbeen received by the office, the social workershall gather information/ data of the case and

report same to the Provincial/ City Prosecutorcovering the area.

2. Proceed with your assessment and help gatherevidences which may help in the evaluation ofthe case. Prepare a case study report.

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3. Through the Legal Service of the Department ofSocial Welfare and Development or the Public

Assistance Office or any duly authorized legalrepresentative prepare and file the petition forthe rescission of adoption, if the adoptee cannot afford to hire a lawyer.

4. Simultaneous with the social workersassessment of the case for both the adopteeand his/ her adoptive parents, prepare a re-placement plan for the child

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4. Sharing with the child his/ her adoptive status

When to tell that he/ she is adopted

5. Infertility problem

Stages of Grief

Shock

Protest

Abandonment of Hope or Despair

Final Resolution

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