CIVIL CODE OF THE PHILIPPINES CHAPTER 4 Illegitimate Children

SECTION 1 Recognition of Natural Children

Article 276. A natural child may be recognized by the father and mother jointly, or by only one of them. (129)

Article 277. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had legal capacity to contract marriage at the time of the conception. (130)

Article 278. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. (131a)

Article 279. A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian approves the acknowledgment or unless the recognition is made in a will. (n)

Article 280. When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified. (132a)

Article 281. A child who is of age cannot be recognized without his consent. When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary. A minor can in any case impugn the recognition within four years following the attainment of his majority. (133a)

Article 282. A recognized natural child has the right: (1) To bear the surname of the parent recognizing him; (2) To receive support from such parent, in conformity with article 291; (3) To receive, in a

proper case, the hereditary portion which is determined in this Code. (134)

Article 283. In any of the following cases, the father is obliged to recognize the child as his natural child: (1) In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception; (2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family; (3) When the child was conceived during the time when the mother cohabited with the supposed father; (4) When the child has in his favor any evidence or proof that the defendant is his father. (n)

Article 284. The mother is obliged to recognize her natural child: (1) In any of the cases referred to in the preceding article, as between the child and the mother; (2) When the birth and the identity of the child are clearly proved. (136a)

Article 285. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases: (1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority; (2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child. In this case, the action must be commenced within four years from the finding of the document. (137a)

Article 286. The recognition made in favor of a child who does not possess all the conditions stated in article 269, or in which the requirements of the law have not been fulfilled, may be impugned by those who are prejudiced by such recognition. (137)

SECTION 2 Other Illegitimate Children

Article 287. Illegitimate children other than natural in accordance with article 269 and other than natural children by legal fiction are entitled to support and

such successional rights as are granted in this Code. (n)

Article 288. Minor children mentioned in the preceding article are under the parental authority of the mother. (n)

Article 289. Investigation of the paternity or maternity of children mentioned in the two preceding articles is permitted under the circumstances specified in articles 283 and 284. (n)

Article 834. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was made should be revoked. (741)

Article 887. The following are compulsory heirs:

(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) The widow or widower; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in article 287. Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another. In all cases of illegitimate children, their filiation must be duly proved. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. (807a)

Article 2260. The voluntary recognition of a natural child shall take place according to this Code, even if the child was born before the effectivity of this body of laws. (n)

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Article 2264. The status and rights of natural children by legal fiction referred to in article 89 and illegitimate children mentioned in article 287, shall also be acquired by children born before the effectivity of this Code. (n)

FAMILY CODE OF THE PHILIPPINES CHAPTER 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent.(289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force.(287a) 

Commonwealth Act No. 3753

Section 5. Registration and Certification of Birth. – The declaration of the physician or midwife in attendance at the birth or, in default thereof, the declaration of either parent of the newborn child, shall be sufficient for the registration of a birth in the civil register. Such declaration shall be exempt from the documentary stamp tax and shall be sent to the local civil registrar not later than thirty days after the birth, by the physician, or midwife in attendance at the birth or by either parent of the newly born child.In such declaration, the persons above mentioned shall certify to the following facts: (a) date and hour

of birth; (b) sex and nationality of infant; (c) names, citizenship, and religion of parents or, in case the father is not known, of the mother alone; (d) civil status of parents; (e) place where the infant was born; (f) and such other data may be required in the regulation to be issued.In the case of an exposed child, the person who found the same shall report to the local civil registrar the place, date and hour of finding and other attendant circumstances.In case of an illegitimate child, the birth certificate shall be signed and sworn to jointly by the parents of the infant or only the mother if the father refuses. In the latter case, it shall not be permissible to state or reveal in the document the name of the father who refuses to acknowledge the child, or to give therein any information by which such father could be identified.Any fetus having human features which dies after twenty four hours of existence completely disengaged from the maternal womb shall be entered in the proper registers as having been born and having died.

Republic Act No. 9255February 24 2004AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE “FAMILY CODE OF THE PHILIPPINES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:“Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their

filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.”SECTION 2. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations, rules and regulations, which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.SECTION 3. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation.

ADMINISTRATIVE ORDER NO. 1Series of 2004 RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose, Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines") As mandated by Commonwealth Act No. 591, the Office of the Civil Registrar General hereby promulgates the following Implementing Rules and Regulations of Republic Act No. 9255 signed by President Arroyo on February 24, 2004 and took effect on March 19, 2004, 15 days after publication in a newspaper of general circulation. Rule 1.   Coverage 1.1        These Rules shall apply to all illegitimate children born before or after the effectivity of R.A. 9255. This includes:

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       1.1.1   Unregistered births;       1.1.2   Registered births where the illegitimate children use the surname of the mother. Rule 2.   Definition of TermsAs used in these rules, the following terms shall mean: 2.1.     Public document ? refers to affidavit of recognition executed by the father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment. 2.2.     Private handwritten instrument ? an instrument executed in the handwriting of the father and duly signed by him where he expressly recognizes paternity to the child. 2.3.     Local Civil Registry Office (LCRO) ? a department in the city/municipal government mandated to perform civil registration functions. 2.4.     Office of the Civil Registrar General (OCRG) ? refers to the national government office mandated to carry out and administer the provisions of the laws on civil registration headed by the Civil Registrar General who is also the Administrator of the National Statistics Office (NSO). 2.5.     Affidavit to Use the Surname of the Father (AUSF) - an affidavit to be executed in order to use the surname of the father. The AUSF is a registrable document. 2.6.     Guardian - refers to a person lawfully invested with the power, and charged with the duty, of taking care of one who, for defect of age, understanding, or self control, is considered incapable in administering his own affairs. This term also refers to those authorized to exercise substitute parental authority over the child in default of parents or a judicially appointed guardian (Title IX, Family Code). Those

exercising substitute parental authority are the following:       2.6.1   The surviving grandparent (Article 214, Family Code);       2.6.2   The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article 216(2),           Family Code); and       2.6.3   The child's actual custodian, over 21 years of age, unless unfit or disqualified (Article 216           (3), Family Code). Rule 3.   Who may fileUnder these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the surname of the father. Rule 4.   Where to file 4.1.     The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred within the Philippines. 4.2.     The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred within the Philippines. 4.3.     The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred outside the Philippines. Rule 5.   What to fileThe following shall be filed at the LCRO: 5.1.     Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back 5.2.     Public document

 5.3.     AUSF, including all supporting documents Rule 6.   When to registerThe public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall be applied. Rule 7.   Requirements for the Child to Use the Surname of the Father 7.1        For Births Not Yet Registered       7.1.1   The illegitimate child shall use the surname of the father if a public document is executed           by the father, either at the back of the Certificate of Live Birth or in a separate document.       7.1.2   If admission of paternity is made through a private handwritten instrument, the child shall           use the surname of the father, provided the registration is supported by the following           documents:                  a.   AUSF                 b.   Consent of the child, if 18 years old and over at the time of the filing of the document                 c.   Any two of the following documents showing clearly the paternity between the father                 and the child:                        1)   Employment records                       2)   SSS/GSIS records                       3)   Insurance                       4)   Certification of membership in any organization                       5)   Statement of Assets and Liabilities                       6)   Income Tax Return (ITR) 7.2        For Births Previously Registered under the Surname of the Mother

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       7.2.1   If filiation has been expressly recognized by the father, the child shall use the surname          of the father upon the submission of the accomplished AUSF.       7.2.2   If filiation has not been expressly recognized by the father, the child shall use the          surname of father upon submission of a public document or a private handwritten          instrument supported by the documents listed in Rule 7.1.2. 7.3        Except in Item 7.2.1, the consent of the illegitimate child is required if he/she has reached the age of majority. The consent may be contained in a separate instrument duly notarized. Rule 8.   Effects of Recognition 8.1        For Births Not Yet Registered       8.1.1   The surname of the father shall be entered as the last name of the child in the Certificate           of Live Birth. The Certificate of Live Birth shall be recorded in the Register of Births.       8.1.2   If admission of paternity is done at the back of the Certificate of Live Birth, no annotation           is made in the Certificate of Live Birth. However, annotation shall be made in the Register           of Births as follows:           "Acknowledged by (name of father) on (date) pursuant to RA 9255."       8.1.3   If admission of paternity is made in a separate public document, the proper annotation           shall be made in the Certificate of Live Birth and the Register of Births. The annotation           shall be as follows:           "Acknowledged by (name of father) on (date) pursuant to RA 9255."       8.1.4   In case of delayed registration, follow the

provisions under 8.1.1 to 8.1.3 and comply with           the requirements under Rule 25 of Administrative Order No. 1 series of 1993. Proper           annotation with regard to delayed registration shall be made. 8.2        For Births Previously Registered under the Surname of the Mother       8.2.1   If admission of paternity was made either at the back of the Certificate of Live Birth or in a          separate public document or in a private handwritten document, the public document or          AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be          made in the Certificate of Live Birth and the Register of Births as follows:           "The surname of the child is hereby changed from (original surname) to (new surname)           pursuant to RA 9255."           The original surname of the child appearing in the Certificate of Live Birth and Register of           Births shall not be changed or deleted.       8.2.2   If filiation was not expressly recognized at the time of registration, the public document or           AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be           made in the Certificate of Live Birth and the Register of Births as follows:           "Acknowledged by (name of father) on (date). The surname of the child is hereby           changed from (original surname) to (new surname) on (date) pursuant to RA 9255." Rule 9.   Issuance of Certified Copy of Certificate of Live Birth and LCR Form 1AIn the issuance of the certified copy, proper annotations as provided under Rule 8 shall be made on the Certificate of Live Birth or on the certified transcription (LCR Form 1A) from the Register of Births. Rule 10.   Duties of the Local Civil Registrar

 10.1.     Examines the authenticity of the Certificate of Live Birth and/or ascertains the truth of the facts stated in the affidavit and the documents presented. 10.2.     Accepts for registration the following documents:       a.   Certificate of Live Birth      b.   Public document      c.   AUSF 10.3.     Records the entries in the Certificate of Live Birth in the Register of Births, and the public document and AUSF in the Register of Legal Instruments. 10.4.     Annotates the Certificate of Live Birth and the remarks portion of the Register of Births. 10.5.     Issues certified copies of Certificate of Live Birth or certified transcription (LCR form 1A) with annotations. 10.6.     Distributes the annotated Certificate of Live Birth, registered public document or AUSF including any supporting document as follows:       a.   First copy to owner of the document;      b.   Second copy to the OCRG;      c.   Third copy to the LCRO. Rule 11.   Retroactivity ClauseThese rules shall have retroactive effect for all births occurring within and outside the Philippines. Rule 12.   Separability ClauseIf any portion or provision of this Implementing Rules and Regulations is declared void or unconstitutional, the remaining portions or provisions thereof shall not be effected by such declaration. Rule 13.   Repealing Clause

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All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of these rules are hereby repealed or modified accordingly. Rule 14.   EffectivityThese rules shall take effect 15 days after its publication in a newspaper of general circulation in the Philippines.

CIVIL CODE OF THE PHILIPPINESCHAPTER 3LEGITIMATED CHILDREN

Art. 269.   Only natural children can be legitimated. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural. (119a)

Art. 270. Legitimation shall take place by the subsequent marriage between the parents. (120a)

Art. 271. Only natural children who have been recognized by the parents before or after the celebration of the marriage, or have been declared natural children by final judgment, may be considered legitimated by subsequent marriage.If a natural child is recognized or judicially declared as natural, such recognition or declaration shall extend to his or her brothers or sisters of the full blood: Provided, That the consent of the latter shall be implied if they do not impugn the recognition within four years from the time of such recognition, or in case they are minors, within four years following the attainment of majority. (121a)

Art. 272. Children who are legitimated by subsequent marriage shall enjoy the same rights as legitimate children. (122)

Art. 273. Legitimation shall take effect from the time of the child's birth. (123a)

Art. 274. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (124)

Art. 275. Legitimation may be impugned by those who are prejudiced in their rights, when it takes place in favor of those who do not have the legal condition of natural children or when the requisites laid down in this Chapter are not complied with. (128a) 

FAMILY CODE OF THE PHILIPPINESCHAPTER 4 Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.(270a) chan robles virtual law libraryArt. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (274)Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. (275a) __________________________________________

Commonwealth Act No. 3753Law on Registry of Civil Status

Section 8. Registration of legitimations by subsequent marriage. – The acknowledgment of the children legitimated by subsequent marriage, referred to in article one hundred and twenty-one of the Civil Code, may be recorded in the legitimation register, entering: (a) The names of the parents; (b) that at the time when the children were conceived, the aforesaid parents could have contracted marriage, and that they actually contracted marriage, stating the date and place when such marriage was solemnized, the minister who officiated, and the civil register where such marriage was recorded; (c) the names of the children legitimated with reference to their birth certificates.

Republic Act No. 8552             February 25, 1998AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::ARTICLE I GENERAL PROVISIONSSection 1. Short Title. – This Act shall be known as the "Domestic Adoption Act of 1998."Section 2. Declaration of Policies. – (a) It is hereby declared the policy of the State to ensure that every child remains under the care and custody of his/her parent(s) and be provided with love, care, understanding and security towards the full and harmonious development of his/her personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child's extended family is available shall adoption by an unrelated person be considered.(b) In all matters relating to the care, custody and adoption of a child, his/her interest shall be the paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention on the Rights of the Child; UN

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Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally; and the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. Toward this end, the State shall provide alternative protection and assistance through foster care or adoption for every child who is neglected, orphaned, or abandoned.(c) It shall also be a State policy to:(i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her parental authority over his/her child;(ii) Prevent the child from unnecessary separation from his/her biological parent(s);(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody over his/her adopted child.Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as "legally available for adoption" and his/her custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child;(iv) Conduct public information and educational campaigns to promote a positive environment for adoption;(v) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries, process domestic adoption applications, and offer adoption-related services including, but not limited to, parent preparation and post-adoption education and counseling; and(vi) Encourage domestic adoption so as to preserve the child's identity and culture in his/her native land, and only when this is not available shall intercountry adoption be considered as a last resort.Section 3. Definition of Terms. – For purposes of this Act, the following terms shall be defined as:

(a) "Child" is a person below eighteen (18) years of age.(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 child-caring agency, freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption.(c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes parental authority to the Department.(d) "Involuntarily committed child" is one whose parent(s), known or unknown, has been permanently and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse; or incompetence to discharge parental responsibilities.(e) "Abandoned child" refers to one who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least six (6) continuous months and has been judicially declared as such.(f) "Supervised trial custody" is a period of time within which a social worker oversees the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship.(g) "Department" refers to the Department of Social Welfare and Development.(h) "Child-placing agency" is a duly licensed and accredited agency by the Department to provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents, and preparing the adoption home study.(i) "Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty four (24)-hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children.(j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her

biological mother, causing such child to lose his/her true identity and status.ARTICLE II PRE-ADOPTION SERVICESSection 4. Counseling Service. – The Department shall provide the services of licensed social workers to the following:(a) Biological Parent(s) – Counseling shall be provided to the parent(s) before and after the birth of his/her child. No binding commitment to an adoption plan shall be permitted before the birth of his/her child. A period of six (6) months shall be allowed for the biological parent(s) to reconsider any decision to relinquish his/her child for adoption before the decision becomes irrevocable. Counseling and rehabilitation services shall also be offered to the biological parent(s) after he/she has relinquished his/her child for adoption.Steps shall be taken by the Department to ensure that no hurried decisions are made and all alternatives for the child's future and the implications of each alternative have been provided.(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora and seminars, among others, shall be provided to prospective adoptive parent(s) to resolve possible adoption issues and to prepare him/her for effective parenting.(c) Prospective Adoptee – Counseling sessions shall be provided to ensure that he/she understands the nature and effects of adoption and is able to express his/her views on adoption in accordance with his/her age and level of maturity.Section 5. Location of Unknown Parent(s). – It shall be the duty of the Department or the child-placing or child-caring agency which has custody of the child to exert all efforts to locate his/her unknown biological parent(s). If such efforts fail, the child shall be registered as a foundling and subsequently be the subject of legal proceedings where he/she shall be declared abandoned.Section 6. Support Services. – The Department shall develop a pre-adoption program which shall include, among others, the above mentioned services.

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ARTICLE III ELIGIBILITYSection 7. Who May Adopt. – The following may adopt:(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent;(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has 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 and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following:(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or

(c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities.Husband and wife shall jointly adopt, except in the following cases:(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: 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 son/daughter of the other, joint parental authority shall be exercised by the spouses.Section 8. Who May Be Adopted. – The following may be adopted:(a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption;(b) The legitimate son/daughter of one spouse by the other spouse;(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;(d) A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority;(e) A child whose adoption has been previously rescinded; or(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parent(s).Section 9. Whose Consent is Necessary to the Adoption. – After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is hereby required:(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any; and(e) The spouse, if any, of the person adopting or to be adopted.ARTICLE IV PROCEDURESection 10. Hurried Decisions. – In all proceedings for adoption, the court shall require proof that the biological parent(s) has been properly 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 stay of the child in his/her own home will be inimical to his/her welfare and interest.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-caring agency has made a case study of the adoptee, his/her biological parent(s), as well as the adopter(s), and has submitted the report and recommendations on the matter to the court hearing such petition.At the time of preparation of the adoptee's case study, the concerned social worker shall confirm with the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of the concerned social worker to ensure that the adoptee is registered.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 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 interest of the child.

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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 case studies and other relevant documents and records pertaining to the adoptee and the adoption shall be preserved by the Department.Section 12. Supervised Trial Custody. – No petition for adoption shall be finally granted until the adopter(s) has been given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. During said period, temporary parental authority shall be vested in the adopter(s).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 adopter(s), he/she must complete the six (6)-month trial custody except for those enumerated in Sec. 7 (b) (i) (ii) (iii).If the child is below seven (7) years of age and is placed with the prospective adopter(s) through a pre-adoption placement authority 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 13. Decree of Adoption. – If, after the publication of the order of hearing has been complied with, and no opposition has been interposed to the petition, and after consideration of the case studies, 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 interest of the adoptee, a decree of adoption shall be entered which shall be effective as of the date the original petition was filed. This provision shall also apply in case the petitioner(s) dies before the issuance of the decree of adoption to protect the interest of the adoptee. The decree shall state the name by which the child is to be known.

Section 14. Civil Registry Record. – An amended certificate of birth shall be issued by the Civil Registry, as required by the Rules of Court, attesting to the fact that the adoptee is the child of the adopter(s) by being registered with his/her surname. The original certificate of birth 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 registry records. The new birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue.Section 15. Confidential Nature of Proceedings and Records. – All hearings in adoption cases shall be confidential and shall not be open to the public. All records, books, and papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.If the court finds that the disclosure of the information to a third person 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 necessary information to be released, restricting the purposes for which it may be used.ARTICLE V EFFECTS OF ADOPTIONSection 16. Parental Authority. – Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s).Section 17. Legitimacy. – The adoptee shall be considered the 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 to legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family.Section 18. Succession. – In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction

from legitimate filiation. However, if the adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall govern.ARTICLE VI RESCISSION OF ADOPTIONSection 19. Grounds for Rescission of Adoption. – Upon petition of the adoptee, with the assistance of the Department if a minor or if over eighteen (18) years of age but is incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling; (b) attempt on the life of the adoptee; (c) sexual assault or violence; or (d) abandonment and failure to comply with parental obligations.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 adoptee for causes provided in Article 919 of the Civil Code.Section 20. Effects of Rescission. – If the petition is granted, the parental authority of the adoptee's biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished.The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate.Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal acts are properly proven.ARTICLE VII VIOLATIONS AND PENALTIESSection 21. Violations and Penalties. – (a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand pesos (P50,000.00), but not

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more than Two hundred thousand pesos (P200,000.00) at the discretion of the court shall be imposed on any person who shall commit any of the following acts:(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts;(ii) non-compliance with the procedures and safeguards provided by the law for adoption; or(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.(b) Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of birth, and shall be punished by prision mayor in its medium period and a fine not exceeding Fifty thousand pesos (P50,000.00).Any physician or nurse or hospital personnel who, in violation of his/her oath of office, shall cooperate in the execution of the abovementioned crime shall suffer the penalties herein prescribed and also the penalty of permanent disqualification.Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents, and communications of adoption applications, cases, and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), at the discretion of the court.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. Acts punishable under this Article, when committed by a syndicate or where it involves two (2) or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua.Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or

confederating with one another in carrying out any of the unlawful acts defined under this Article. Penalties as are herein provided, shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws, ordinances, executive orders, and proclamations.When the offender is an alien, he/she shall be deported immediately after service of sentence and perpetually excluded from entry to the country.Any government official, employee or functionary who shall be found guilty of violating any of the provisions of this Act, or who shall conspire 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 case, either administrative or criminal, said government official, employee, or functionary concerned shall automatically suffer suspension until the resolution of the case.Section 22. Rectification of Simulated Births. – A person who has, prior to the effectivity of this Act, simulated the birth of a child shall not 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 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.ARTICLE VIII FINAL PROVISIONSSection 23. Adoption Resource and Referral Office. – There shall 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 prospective adopter(s) so as to facilitate their matching; (b) maintain a nationwide information and educational campaign on

domestic adoption; (c) keep records of adoption proceedings; (d) generate resources to help child-caring and child-placing agencies and foster homes maintain viability; and (e) do policy research in collaboration with the Intercountry Adoption Board and other concerned agencies. The office shall be manned by adoption experts from the public and private sectors.Section 24. Implementing Rules and Regulations. – Within six (6) months from the promulgation of this Act, the Department, with the Council for the Welfare of Children, the Office of Civil Registry General, the Department of Justice, Office of the Solicitor General, and two (2) private individuals representing child-placing and child-caring agencies shall formulate the necessary guidelines to make the provisions of this Act operative.Section 25. Appropriations. – Such sum as may be necessary for the implementation of the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter.Section 26. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly.Section 27. Separability Clause. – If any provision of this Act is held invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.Section 28. Effectivity Clause. – This Act shall take effect fifteen (15) days following its complete publication in any newspaper of general circulation or in the Official Gazette.Approved: February 25, 1998

RULE ON ADOPTION(A.M. No. 02-6-02-SC)

A. Domestic Adoption

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Section 1. Applicability of the Rule. – This Rule covers the domestic adoption of Filipino children. 

Sec. 2. Objectives. – (a) The best interests of the child shall be the paramount consideration in all matters relating to his care, custody and adoption, in accordance with Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally, and the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.

(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:(i) ensure that every child remains under the care and custody of his parents and is provided with love, care, understanding and security for the full and harmonious development of his personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall adoption by an unrelated person be considered.

(ii) safeguard the biological parents from making hasty decisions in relinquishing their parental authority over their child;

(iii) prevent the child from unnecessary separation from his biological parents;

(iv) conduct public information and educational campaigns to promote a positive environment for adoption;

(v) ensure that government and private sector agencies have the capacity to handle adoption inquiries, process domestic adoption applications and offer adoption-related services including, but not

limited to, parent preparation and post-adoption education and counseling;

(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his native land, and only when this is not available shall inter-country adoption be considered as a last resort; and 

(vii) protect adoptive parents from attempts to disturb their parental authority and custody over their adopted child.Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as “legally available for adoption” and his custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child. 

Sec. 3. Definition of Terms. – For purposes of this Rule:(a) “Child” is a person below eighteen (18) years of age at the time of the filing of the petition for adoption. 

(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 child-caring agency, freed of the parental authority of his biological parents, or in case of rescission of adoption, his guardian or adopter(s). 

(c) “Voluntarily committed child” is one whose parents knowingly and willingly relinquish parental authority over him in favor of the Department.

(d) “Involuntarily committed child” is one whose parents, known or unknown, have been permanently and judicially deprived of parental authority over him due to abandonment; substantial, continuous or repeated neglect and abuse; or incompetence to

discharge parental responsibilities. 

(e) “Foundling” refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil Register as a “foundling.” 

(f) “Abandoned child” refers to one who has no proper parental care or guardianship or whose parents have deserted him for a period of at least six (6) continuous months and has been judicially declared as such. 

(g) “Dependent child” refers to one who is without a parent, guardian or custodian or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody and is dependent upon the public for support.

(h) “Neglected child” is one whose basic needs have been deliberately not attended to or inadequately attended to, physically or emotionally, by his parents or guardian. 

(i) “Physical neglect” occurs when the child is malnourished, ill-clad and without proper shelter. 

(j) “Emotional neglect” exists when a child is raped, seduced, maltreated, exploited, overworked or made to work under conditions not conducive to good health or made to beg in the streets or public places, or placed in moral danger, or exposed to drugs, alcohol, gambling, prostitution and other vices. 

(k) “Child-placement agency” refers to an agency duly licensed and accredited by the Department to provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents and preparing the adoption home study report. 

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(l) “Child-caring agency” refers to an agency duly licensed and accredited by the Department that provides 24-hour residential care services for abandoned, orphaned, neglected or voluntarily committed children. 

(m) “Department” refers to the Department of Social Welfare and Development. 

(n) "Deed of Voluntary Commitment” refers to the written and notarized instrument relinquishing parental authority and committing the child to the care and custody of the Department executed by the child’s biological parents or in their absence, mental incapacity or death, by the child’s legal guardian, to be witnessed by an authorized representative of the Department after counseling and other services have been made available to encourage the biological parents to keep the child. 

(o) “Child Study Report” refers to a study made by the court social worker of the child’s legal status, placement history, psychological, social, spiritual, medical, ethno-cultural background and that of his biological family needed in determining the most appropriate placement for him. 

(p) “Home Study Report” refers to a study made by the court social worker of the motivation and capacity of the prospective adoptive parents to provide a home that meets the needs of a child. 

(q) “Supervised trial custody” refers to the period of time during which a social worker oversees the adjustment and emotional readiness of both adopters and adoptee in stabilizing their filial relationship. 

(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of science in social work as a minimum educational requirement and who has passed the government licensure examination for social workers as required by Republic Act No. 4373. 

(s) “Simulation of birth” is the tampering of the civil registry to 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.

(t)  “Biological Parents” refer to the child’s mother and father by nature.

(u) “Pre-Adoption Services” refer to psycho-social services provided by professionally-trained social workers of the Department, the social services units of local governments, private and government health facilities, Family Courts, licensed and accredited child-caring and child-placement agencies and other individuals or entities involved in adoption as authorized by the Department. 

(v) “Residence” means a person’s actual stay in the Philippines 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 one (1) year does not break the continuity requirement. 

(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in the Philippines and is in possession of a valid passport or travel documents and visa.SEC. 4. Who may adopt. – The following may adopt:(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude; who is emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of a 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent;

(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country has diplomatic relations with the Republic of the Philippines, that he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and that his government allows the adoptee to enter his country as his adopted child. Provided, further, That the requirements on residency and certification of the alien’s qualification to adopt in his country may be waived for the following:(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse. (3) The guardian with respect to the ward after the termination of the guardianship and clearance of his financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other spouse has signified his consent thereto; or

(iii) if the spouses are legally separated from each other.

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In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint parental authority shall be exercised by the spouses. 

SEC. 5. Who may be adopted. – The following may be adopted:(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available for adoption;

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

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority;

(5) A child whose adoption has been previously rescinded; or

(6) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents. 

(7) A child not otherwise disqualified by law or these rules.Sec. 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.

Sec. 7. Contents of the Petition. – The petition shall be verified and specifically state at the heading of the initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:(a) The jurisdictional facts;

(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character; has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children; is at least sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent; and is in a position to support and care for his children in keeping with the means of the family and has undergone pre-adoption services as required by Section 4 of Republic Act No. 8552. 2) If the adopter is an alien, the petition shall allege the following:(a) The jurisdictional facts;

(b) Sub-paragraph 1(b) above;

(c) (c) That his country has diplomatic relations with the Republic of the Philippines;

(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered.The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the alien: (i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or 

(ii) seeks to adopt the legitimate child of his Filipino

spouse; or 

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial accountabilities. 

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:(a) one spouse seeks to adopt the legitimate child of the other, or 

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto, or 

(c) if the spouses are legally separated from each other. 5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as name of child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and father, and the date and place of their marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.In all petitions, it shall be alleged:(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal or foundling certificate and school records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the

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adoptee is to be known and registered in the Civil Registry.A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

Sec. 8. Rectification of Simulated Birth. – In case the petition also seeks rectification of a simulated of birth, it shall allege that:(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for 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 interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own child.Sec. 9. Adoption of a foundling, an abandoned, dependent or neglected child. – In case the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege:(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;

(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the name and residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; and

(d) That the Department, child-placement or child-caring agency is authorized to give its consent.Sec. 10. Change of name. – In case the petition also prays for change of name, the title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.Sec. 11. Annexes to the Petition. – The following documents shall be attached to the petition:A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee; 

B. Affidavit of consent of the following:1. The adoptee, if ten (10) years of age or over;

2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and

5. The spouse, if any, of the adopter or adoptee.C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to enter his country as his own adopted child unless exempted under Section 4(2); 

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the adoptee, if any.Sec. 12. Order of Hearing. – If the petition and attachments are sufficient in form and substance, the court shall issue an order which shall contain the following:(1) the registered name of the adoptee in the birth certificate and the names by which the adoptee has been known which shall be stated in the caption;

(2) the purpose of the petition;

(3) the complete name which the adoptee will use if the petition is granted;

(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 general circulation in the province or city where the court is situated; Provided, that in case of application for change of name, the date set for hearing shall not be within four (4) months after the last publication of the notice nor within thirty (30) days prior to an election. 

The newspaper shall be selected by raffle under the supervision of the Executive Judge.

(5) a directive to the social worker of the court, the social service office of the local government unit or any child-placing or child-caring agency, or the Department to prepare and submit child and home study reports before the hearing if such reports had not been attached to the petition due to unavailability at the time of the filing of the latter; and

(6) a directive to the social worker of the court to conduct counseling sessions with the biological parents on the matter of adoption of the adoptee and submit her report before the date of hearing.

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At the discretion of the court, copies of the order of hearing shall also be furnished the Office of the Solicitor General through the provincial or city prosecutor, the Department and the biological parents of the adoptee, if known. 

If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General shall be mandatory. 

Sec. 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 adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of the social worker to register the adoptee and secure a certificate of foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and the documents in support thereof are valid and authentic, that the adopter has sincere intentions and that the adoption shall inure to the best interests of the child.

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 enter his country as his adopted child in the absence of the certification required under Section 7(b) of Republic Act No. 8552.

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 recommendation to the court, furnishing a copy thereof to the petitioner. 

Sec. 14. Hearing. – Upon satisfactory proof that the order of hearing has been published and jurisdictional requirements have been complied with, the court shall proceed to hear the petition. The 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. 

The court shall verify from the social worker and determine whether the biological parent has been properly counseled against making hasty decisions caused by strain or anxiety to give up the child; ensure that all measures to strengthen the family have been exhausted; and ascertain if any prolonged stay of the child in his own home will be inimical to his welfare and interest. 

Sec. 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 expected to adjust psychologically and emotionally to each other and 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, temporary parental authority shall be vested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period or exempt the parties if it finds that the same shall be for the best interests of the adoptee, stating the reasons therefor.

An alien adopter however must complete the 6-month trial custody except the following:a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

b) one who seeks to adopt the legitimate child of his Filipino spouse; or

c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the latter’s relative within the fourth (4th) degree of consanguinity or affinity.If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-

adoption placement authority issued by the Department, the court shall order that the prospective adopter shall enjoy all the benefits to which the biological parent is entitled from the date the adoptee is placed with him. 

The social worker shall submit to the court a report on the result of the trial custody within two weeks after its termination. 

Sec. 16. Decree of Adoption. – If the supervised trial custody is 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 filed even if the petitioners die before its issuance.

The decree shall:

A. State the name by which the child is to be known and registered;

B. Order:1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary period within which to appeal;

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 thirty (30) days from receipt of the certificate of finality. In case of change of name, the decree shall be submitted to the Civil Registrar where the court issuing the same is situated. 

3) the Civil Registrar of the place where the adoptee was registered:a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty (30) days from receipt of the certificate of finality;

b. to issue a certificate of birth which shall not bear

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any notation that it is a new or amended certificate and which shall show, among others, the following: 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; 

c. to seal the original certificate of birth in the civil registry records which can be opened only upon order of the court which issued the decree of adoption; and

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.If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was registered, to annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered prepared by the Civil Registrar in accordance with the decree. 

Sec. 17. Book of Adoptions. – The Clerk of Court shall keep a book 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.

Sec. 18. Confidential Nature of Proceedings and Records. – All hearings in adoption cases, after compliance with the jurisdictional 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 of the court, the Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is necessary for security reasons or for purposes connected with or arising out of the adoption and will be for the best interests of the adoptee, the court may, upon proper motion, order the necessary information to be released, restricting the purposes for which it may be used. 

Sec. 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, or if he is over eighteen (18) years of age but is incapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code. 

Sec. 20. Venue. – The petition shall be filed with the Family Court of the city or province where the adoptee resides. 

Sec. 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 he was incompetent at the time of the adoption, within five (5) years after recovery from such incompetency. 

Sec. 22. Order to Answer. – The court shall issue an order requiring the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. The order and copy of the petition shall be served on the adverse party in such manner as the court may direct. 

Sec. 23. Judgment. – If the court finds that the

allegations of the petition are true, it shall render judgment ordering the rescission of adoption, with or without costs, as justice requires.

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.

The court shall further declare that successional rights shall revert to its status prior to adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected. 

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

The court shall further order the Civil Registrar where the adoption decree was registered to cancel the new birth certificate of the adoptee and reinstate his original birth or foundling certificate. 

Sec. 24. Service of Judgment. – A certified true copy of the judgment together with a certificate of finality issued by the Branch Clerk of the Court which rendered the decision in accordance with the preceding Section shall be served by the petitioner upon the Civil Registrar concerned within thirty (30) days from receipt of the certificate of finality. The Civil Registrar shall forthwith enter the rescission decree in the register and submit proof of compliance to the court issuing the decree and the Clerk of Court within thirty (30) days from receipt of the decree.

The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.

SEC. 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of the Rules of Court.

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B. Inter-Country AdoptionSec. 26. Applicability. – The following sections apply to inter-country adoption of Filipino children by foreign nationals and Filipino citizens permanently residing abroad. 

SEC. 27. Objectives. – The State shall:a) a) consider inter-country adoption as an alternative means of 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) ensure that the child subject of inter-country adoption enjoys the same protection accorded to children in domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does not result in improper financial gain for those involved.Sec. 28. Where to File Petition. – A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found.

It may be filed directly with the Inter-Country Adoption Board.

Sec. 29. Who may be adopted. – Only a child legally available for domestic adoption may be the subject of inter-country adoption. 

Sec. 30. Contents of Petition. – The petitioner must allege: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, 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 difference does not apply;

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 spouse;

c) that he has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his country;

d) that he has not been convicted of a crime involving moral turpitude;

e) that he is eligible to adopt under his national law;

f) that he can provide the proper care and support and instill the necessary moral values and example to all his children, including the child to be adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under Philippine laws and the U. N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of Republic Act No. 8043;

h) that he comes from a country with which the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption of a Filipino child is allowed under his national laws; and

i) that he possesses all the qualifications and none of the disqualifications provided in this Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.Sec. 31. Annexes. - The petition for adoption shall contain the following annexes written and officially translated in English:a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment dissolving the marriage;

c) Sworn statement of consent of petitioner’s

biological or adopted children above ten (10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified by a duly licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current financial capability of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filing of the petitioner;

g) Character reference from the local church/minister, the petitioner’s employer and a member of the immediate community who have known the petitioner for at least five (5) years;

h) Full body postcard-size pictures of the petitioner and his immediate family taken at least six (6) months before the filing of the petition.Sec. 32. Duty of Court. – The court, after finding that the petition is sufficient in form and substance and a proper case for inter-country adoption, shall immediately transmit the petition to the Inter-Country Adoption Board for appropriate action. 

SEC. 33. Effectivity. - This Rule shall take effect on August 22, 2002 following its publication in a newspaper of general circulation.

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Republic Act 8043The Inter-Country Adoption Act of 1995"AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER PURPOSES"

Section 1. Short Title. — This Act shall be known as the "Inter-Country Adoption Act of 1995."

Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will provide such child with love and care as well as opportunities for growth and development. Towards this end, efforts shall be exerted to place the child with an adoptive family in the Philippines. However, recognizing that inter-country adoption may be considered as allowing aliens not presently allowed by law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens or aliens, the State shall take measures to ensure that inter-country adoptions are allowed when the same shall prove beneficial to the child's best interests, and shall serve and protect his/her fundamental rights. 

Sec. 3. Definition of Terms. — As used in this Act. the term:    (a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines.    (b) Child means a person below fifteen (15) years of age unless sooner emancipated by law.    (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 Social Welfare and Development.    (e) Authorized and accredited agency refers to the State welfare agency or a licensed adoption

agency in the country of the adopting parents which provide comprehensive social services and which is duly recognized by the Department.    (f) Legally-free child means a child who has been voluntarily or involuntarily committed to the Department, in accordance with the Child and Youth Welfare Code.    (g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship.    (h) Board refers to the Inter-country Adoption Board.

ARTICLE IITHE INTER-COUNTRY ADOPTION BOARDSec. 4. The Inter-Country Adoption Board. — There is hereby created the Inter-Country Adoption Board, hereinafter referred to as the Board to act as the central authority in matters relating to inter-country adoption. It shall act as the policy-making body for purposes of carrying out the provisions of this Act, in consultation and coordination with the Department, the different child-care and placement agencies, adoptive agencies, as well as non-governmental organizations engaged in child-care 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 adoption which is harmful, detrimental, or prejudicial to the child;    (b) Collect, maintain, and preserve confidential information about the child and the adoptive parents;    (c) Monitor, follow up, and facilitate completion of adoption of the child through authorized and accredited agency;    (d) Prevent improper financial or other gain in connection with an adoption and deter improper practices contrary to this Act;    (e) Promote the development of adoption services including post-legal adoption;    (f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino children;    (g) Accredit and authorize foreign adoption agency

in the placement of Filipino children in their own country; and    (h) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency involved from the accreditation list of the Board upon a finding of violation of any provision under this Act.

Sec. 5. Composition of the Board. — The Board shall be composed of the Secretary of the Department as ex officio 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 (2) lawyers who shall have at least the qualifications of a regional trial court judge, one (1) registered social worker and two (2) representatives from non-governmental organizations engaged in child-caring and placement activities. The members of the Board shall receive a per diem allowance of One thousand five hundred pesos (P1,500) for each meeting attended by them: Provided, further, That no compensation shall be paid for more than four (4) meetings a month.  Sec. 6. Powers and Functions of the Board. — The Board shall have the following powers and functions:    (a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act, after consultation and upon favorable recommendation of the different agencies concerned with the child-caring, placement, and adoption;    (b) to set the guidelines for the convening of an Inter-country Adoption Placement Committee which shall be under the direct supervision of the Board;    (c) to set the guidelines for the manner by which selection/matching of prospective adoptive parents and adoptive child can be made;    (d) to determine a reasonable schedule of fees and charges to be exacted in connection with the application for adoption;    (e) to determine the form and contents of the application for inter-country adoption;

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    (g) to institute systems and procedures to prevent improper financial gain in connection with adoption and deter improper practices which are contrary to this Act;    (h) to promote the development of adoption services, including post-legal adoption services,    (i) to accredit and authorize foreign private adoption agencies which have demonstrated professionalism, competence and have consistently pursued non-profit objectives to engage in the placement of Filipino children in their own country: Provided, That such foreign private agencies are duly authorized and accredited by their own government to conduct inter-country adoption: Provided, however, That the total number of authorized and accredited foreign private adoption agencies shall not exceed one hundred (100) a year;    (j) to take appropriate measures to ensure confidentiality of the records of the child, the natural parents and the adoptive parents at all times;    (k) to prepare, review or modify, and thereafter, recommend to the Department of Foreign Affairs, Memoranda of Agreement respecting inter-country adoption consistent with the implementation of this Act and its stated goals, entered into, between and among foreign governments, international organizations and recognized international non-governmental organizations;    (l) to assist other concerned agencies and the courts in the implementation of this Act, particularly as regards coordination with foreign persons, agencies and other entities involved in the process of adoption and the physical transfer of the child; and    (m) to perform such other functions on matters relating to inter-country adoption as may be determined by the President.

ARTICLE IIIPROCEDURESec. 7. Inter-Country Adoption as the Last Resort. — The Board shall ensure that all possibilities for adoption of the child under the Family Code have been exhausted and that inter-country adoption is in the best interest of the child.

Towards this end, the Board shall set up the guidelines to ensure that steps will be taken to place the child in the Philippines before the child is placed for inter-country adoption: Provided, however, That the maximum number that may be allowed for foreign adoption shall 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 be the subject of inter-country adoption. In order that such child may be considered for placement, the following documents must be submitted to the Board:    (a)Child study;    (b)Birth certificate/foundling certificate;    (c)Deed of voluntary commitment/decree of abandonment/death certificate of parents;    (d)Medical evaluation /history;    (e)Psychological evaluation, as necessary; and    (f)Recent photo of the child.

Sec. 9. Who May Adopt. — An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she:    (a) 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 unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent:    (b) if married, his/her spouse must jointly file for the adoption;    (c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his/her country;    (d) has not been convicted of a crime involving moral turpitude;     (e) is eligible to adopt under his/her national law;    (f) is in a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child to be adopted;

    (g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act;    (h) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national laws; and    (i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws.

Sec. 10. Where to File Application. — An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court having jurisdiction over the child, or with the Board, through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive parents, which application shall be in accordance with the requirements as set forth in the implementing rules and regulations to be promulgated by the Board.The application shall be supported by the following documents written and officially translated in English.    (a) Birth certificate of applicant(s);    (b) Marriage contract, if married, and divorce decree, if applicable;    (c) Written consent of their biological or adoptive children above ten (10) years of age, in the form of sworn statement;    (d) Physical, medical and psychological evaluation by a duly licensed physician and psychologist;    (e) Income tax returns or any document showing the financial capability of the applicant(s);    (f) Police clearance of applicant(s);    (g) Character reference from the local church/minister, the applicant's employer and a member of the immediate community who have known the applicant(s) for at least five (5) years; and

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    (h) Recent postcard-size pictures of the applicant(s) and his immediate family;The Rules of Court shall apply in case of adoption by judicial proceedings. Sec. 11. Family Selection/Matching. — No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally. The clearance, as issued by the Board, with the copy of the minutes of the meetings, shall form part of the records of the child to be adopted. When the Board is ready to transmit the Placement Authority to the authorized and accredited inter-country adoption agency and all the travel documents of the child are ready, the adoptive parents, or any one of them, shall personally fetch the child in the Philippines. 

Sec. 12. Pre-adoptive Placement Costs. — The applicant(s) shall bear the following costs incidental to the placement of the child;    (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    (b) The cost of passport, visa, medical examination and psychological evaluation required, and other related expenses.

Sec. 13. Fees, Charges and Assessments. — Fees, charges, and assessments collected by the Board in the exercise of its functions shall be used solely to process applications for inter-country adoption and to support the activities of the Board. Sec. 14. Supervision of Trial Custody. — The governmental agency or the authorized and accredited agency in the country of the adoptive parents which filed the application for inter-country adoption shall be responsible for the trial custody and the care of the child. It shall also provide family counseling and other related services. The trial custody shall be for a period of six (6) months from the time of placement. Only after the lapse of the

period of trial custody shall a decree of adoption be issued in the said country a copy of which shall be sent to the Board to form part of the records of the child. During the trial custody, the adopting parent(s) shall submit to the governmental agency or the authorized and accredited agency, which shall in turn transmit a copy to the Board, a progress report of the child's adjustment. The progress report shall be taken into consideration in deciding whether or not to issue the decree of adoption.The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial custody are monitored and checked as reported by the authorized and accredited inter-country adoption agency as well as the repatriation to the Philippines of a Filipino child whose adoption has not been approved.

Sec. 15. Executive Agreements. — The Department of Foreign Affairs, upon representation of the Board, shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies to ensure the legitimate concurrence of said countries in upholding the safeguards provided by this Act.

ARTICLE IVPENALTIESSec. 16. Penalties. —(a) Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption, in violation of the provisions of this Act, shall be punished with a penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine of not less than Fifty thousand pesos (P50,000), but not more than Two hundred thousand pesos (P200.000), at the discretion of the court. For purposes of this Act, an adoption is illegal if it is effected in any manner contrary to the provisions of this Act or established State policies, its implementing rules and regulations, executive agreements, and other laws pertaining to adoption. Illegality may be presumed from the following acts:

    (1)consent for an adoption was acquired through, or attended by coercion, fraud, improper material inducement;    (2)there is no authority from the Board to effect adoption;    (3)the procedures and safeguards placed under the law for adoption were not complied with; and    (4)the child to be adopted is subjected to, or exposed to danger, abuse and exploitation.(b)Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents and communications of adoption applications, cases and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000), but not more than Ten thousand pesos (P10,000), at the discretion of the court. A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated.Acts punishable under this Article, when committed by a syndicate or where it involves two or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua.Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article.Penalties as are herein provided shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws, ordinances, executive orders, and proclamations. 

Sec. 17. Public Officers as Offenders. — Any government official, employee or functionary who shall be found guilty of violating any of the provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance with

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existing civil service laws, rules and regulations: Provided, That upon the filing of a case, either administrative or criminal, said government official, employee or functionary concerned shall automatically suffer suspension until the resolution of the case.

ARTICLE VFINAL PROVISIONSSec. 18. Implementing Rules and Regulations. — The Inter-country Adoption Board, in coordination with the Council for the Welfare of Children, the Department of Foreign Affairs, and the Department of Justice, after due consultation with agencies involved in child-care and placement, shall promulgate the necessary rules and regulations to implement the provisions of this Act within six (6) months after its effectivity.

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 Appropriations Act for the year following its enactment.

Sec. 20. Separability Clause. — If any provision, or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected, shall remain valid and subsisting.

Sec. 21. Repealing Clause. — Any law, decree, executive order, administrative order or rules and regulations contrary to, or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly. 

Sec. 22. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.  Approved: June 7, 1995

REPUBLIC OF THE PHILIPPINES INTERCOUNTRY ADOPTION BOARD MANILA AMENDED IMPLEMENTING RULES AND REGULATIONS ON INTERCOUNTRY ADOPTION

Pursuant to the authority of the Inter-Country Adoption Board under Section 6, paragraph (a), of Republic Act No. 8043, otherwise known as "The Inter-Country Adoption Act 1995", and in accordance with the relevant positions of Republic Act No. 8552 otherwise known as the Domestic Adoption Act of 1998 and the provisions of The Hague Convention on Protection of Children and Cooperation in Respect of InterCountry Adoption as well as the United Convention on the Rights of the Child, the following Rules and Regulations are hereby promulgated to govern the adoption of a Filipino child abroad:

ARTICLE I GENERAL PROVISIONS

SECTION 1. POLICY OBJECTIVES. - It shall be the policy of the State to provide every neglected child with a family that will provide such child with love and care as well as opportunities for growth and development. Towards this end, efforts shall be exerted to place the child with an adoptive family in the Philippines. However, the State shall take measures to ensure that inter-country adoptions are allowed when the same shall prove beneficial to the child's best interest and shall serve and protect his/her fundamental rights, in order to present the sale, trafficking and abduction of children.

SECTION 2. APPLICABILITY. - The Rules shall apply to the adoption of a Filipino child in a foreign country by a person who may not be qualified to adopt under the Family Code.

ARTICLE II DEFINITION OF TERMS

SECTION 3. DEFINITION OF TERMS. - As used in these Rules, unless the context otherwise requires, the following terms shall mean: (a) "Child" shall refer

to a Filipino child below fifteen (15) years of age who can be legally adopted; (b) "Inter-Country Adoption" shall refer to the socio-legal process of adopting a Filipino child by a foreign national or a Filipino citizen permanently residing abroad where the petition for adoption is filed, the supervised trial custody is undertaken and the decree of adoption is issued in the foreign country where the applicant resides thereby creating a permanent parent-child relationship between the child and the adoptive parents; (c) "Department" shall refer to the Department of Social Welfare and Development; (d) "Secretary" shall refer to the Secretary of the Department; (e) "Board" shall refer to the Inter-Country Adoption Board which is the Central Authority in matters relating to inter-country adoption and the policy-making body for purposes of carrying out the provisions of R.A. No. 8043; (f) "Chairperson" shall refer to the Chairperson of the Board; (g) "Committee" shall refer to the Inter-Country Adoption Placement Committee; (h) "Foreign Adoption Agency" shall refer to the State welfare agency or the licensed and accredited agency in the country of the foreign adoptive parents that provides comprehensive social services and is duly recognized by the Department; (i) "Child Caring Agency" shall refer to a welfare agency that provides a twenty-four (24) - hour resident group care service for the physical, mental, social and spiritual well-being of nine (9) or more mentally gifted, abandoned, neglected, disabled or disturbed children or youth offenders. The term shall include an institution whose primary purpose is education whenever nine (9) or more of its pupils or wards in the ordinary course of events do not return annually to the homes of their parents or guardians for at least two (2) months of summer vacation. (j) "Child Placing Agency" shall refer to an institution licensed by the Department to assume the care, custody, protection and maintenance of children for purposes of adoption, guardianship or foster care; (k) "Application" shall refer to the application form with a home study report for the inter-country adoption of a child including its supporting documents; (l) "Applicant" shall refer to a

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person or a married couple who files an application; (m) "Matching" refers to the judicious pairing of the applicant and the child to promote a mutually satisfying parent-child relationship, and; (n) "Act" shall refer to Republic Act No. 8043 otherwise known as "The Inter-Country Adoption Act of 1995."

ARTICLE III INTER-COUNTRY ADOPTION BOARD

SECTION 4. MEETINGS - The Board shall meet regularly or upon the call of the Chairperson. In the absence of the Chairperson, the members present who constitute a quorum may choose a presiding officer from among themselves. A majority of all the members of the Board shall constitute a quorum. The Board may hold meetings in executive session.

SECTION 5. VOTING. - The Board shall act as a body. The vote of a majority of the members of the Board constituting a quorum shall be necessary to perform its functions. The Chairperson of the Board shall not vote in a meeting except to break a tie.

ARTICLE IV SECRETARIAT

SECTION 6. EXECUTIVE DIRECTOR. - The Board shall have a Secretariat headed by an Executive Director who shall be appointed by the Chairperson with the concurrence of a majority of the members of the Board. SECTION 7. FUNCTIONS OF THE EXECUTIVE DIRECTOR. - The Executive Director shall act as the executive officer of the Secretariat and shall exercise supervision over its personnel. He/she shall also act as the Secretary of the Board.

SECTION 8. QUALIFICATIONS OF THE EXECUTIVE DIRECTOR. - The Executive Director shall have the qualifications of a Director IV, a master's degree in Social Work or its equivalent in a related discipline and at least five (5) years of

supervisory experience, two (2) years of which should be in the areas of child care and placement.

SECTION 9. SUPPORT STAFF. - The Secretariat shall have such operating units and personnel as the Board may find necessary for the proper performance of its functions.

SECTION 10. FUNCTION OF THE SECRETARIAT. - The functions of the Secretariat shall include the following: (a) maintain and facilitate communications with the Committee and the different government offices, non-governmental agencies and the general public; (b) review and process applications, matching proposals, placements and all documents requiring action by the Board; (c) review licensing and accreditation applications of agencies for action by the Board; (d) provide secretariat, records keeping and other services to the Board and the Committee, and; (e) perform such other duties as the Board may direct.

ARTICLE V PLACEMENT COMMITTEE

SECTION 11. COMPOSITION. - The matching of a child to a foreign adoptive family shall be approved by the Board upon the recommendation of a Committee which shall have five (5) members composed of a child psychiatrist or psychologist, a medical doctor or pediatrician, a lawyer, a registered social worker and a representative of a non-governmental organization engaged in child welfare activities. The Board shall appoint qualified persons who shall serve in the Committee for a term of two (2) years which may be renewed.

SECTION 12. FUNCTIONS OF THE COMMITTEE. - The Committee shall have the following functions: (a) carry out an integrated system and network of selection and matching of applicants and children; (b) recommend to the Board approval of applications and matching proposals, and; (c) perform such other functions and duties as may be prescribed by the Board.

SECTION 13. ALLOWANCES OF COMMITTEE MEMBERS. - A Committee member shall receive an honorarium of One Thousand Pesos (P1,000.00) for each meeting actually attended; Provided, that the total amount of honorarium that a member may receive shall not exceed Four Thousand Pesos (P4,000.00) a month.

SECTION 14. RULES OF PROCEDURE. - Subject to the approval of the Board, the Committee shall fix its own internal rules and procedures including the selection of its chairperson.

SECTION 15. MEETINGS. - The Committee shall meet regularly or upon the call of the Board.

ARTICLE VI LICENSING AND ACCREDITATION

SECTION 16. LOCAL CHILD CARING AND CHILD PLACING AGENCIES. - Only local child caring and placing agencies licensed and accredited by the Department and with personnel and facilities to undertake a comprehensive child welfare program shall be accredited by the Board to participate in the intercountry adoption program.

SECTION 17. FOREIGN ADOPTION AGENCIES. - No foreign adoption agency shall be allowed to participate in the Philippine inter-country adoption program unless it is granted by the Board an accreditation in its own name. The accreditation from the Board shall be issued upon submission of the following requirements: (a) A license and/or accreditation or authorization from its government to operate as an adoption agency to carry out inter-country adoptions; (b) Name and qualifications of the members of the board of directors, senior officers and other staff involved in inter-country adoption; (c) Detailed description of its programs and services, researches and publications; (d) Audited financial report including sources of funds, adoption fees and charges; (e) Undertaking under oath that it shall assume responsibility for the selection of qualified

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applicants; that it shall comply with the Philippine laws on inter-country adoption; that it shall inform the Board of any change in the foregoing information; and shall comply with post adoption requirements as specified by the Board, and; (f) Such other requirements which the Board may deem necessary in the best interest of the child. Authentication of the aforementioned documents shall be made by either the official designated by the Philippine embassy or consulate in the country where the foreign adoption agency operates or the authorized official of the embassy or consulate in the Philippines of the country where the foreign adoption agency operates.

SECTION 18. LIAISON SERVICES. - Only a non-profit licensed and accredited child caring or child placing agency shall be allowed to serve as a representative of a foreign adoption agency and subject to prior approval by the Board based on specific requirements. The Board shall periodically review the liaison services and may terminate any such service when, after a thorough evaluation, the agency is proven to have violated the requirements under these Rules. The agency concerned shall be given prior notice as provided for in Section 22.

SECTION 19. RENEWAL OF ACCREDITATION. - The Board shall re-accredit previously accredited foreign adoption agencies in order to ensure that all pertinent requirements for proper inter-country adoption are current and valid. The Board shall inspect the facilities of the foreign adoption agency once every four (4) years but may require periodic reports.

SECTION 20. FEES. - No fees or charges of any kind shall be charged in connection with licensing and accreditation under the Act.

ARTICLE VII SUSPENSION OR REVOCATION OF LICENSE OR ACCREDITATION

SECTION 21. GROUNDS. - The Board shall suspend or revoke the license or accreditation issued to a child caring or child placing agency or foreign adoption agency on any of the following grounds: (a) Imposing or accepting directly or indirectly any consideration, money, goods or services in exchange of an allocation of a child in violation of the Rules; (b) Misrepresenting or concealing any vital information required under the Rules; (c) Offering money, goods or services to any member, official or employee or representative of the Board, to give preference in the adoption process to any applicant; d) Advertising or publishing the name or photograph of a child for adoption to influence any person to apply for adoption except special homefinding for hard-toplace children; (e) Failure to perform any act required under the Rules that results in prejudice to the child or applicant; (f) Appointing or designating any liaison or agent without prior approval of the Board; (g) Engaging in matching arrangement or any contact to pre-identify a child in violation of the Rules, or; (h) Any other act in violation of the provisions of the Act, the Rules and other related laws.

SECTION 22. WHO MAY INITIATE ACTION TO SUSPEND OR REVOKE LICENSE OR ACCREDITATION. - The Board, motu proprio upon receipt of any information regarding any violation or irregularity or upon receipt of complaint under oath or request for investigation, may conduct initial inquiries and upon being satisfied that the report, complaint or request for investigation has legal and factual basis, shall require the agency concerned to answer within fifteen (15) working days from receipt of notice, furnishing the agency concerned with a copy of the complaint or a brief statement of the report or request.

SECTION 23. PROCEEDINGS FOR SUSPENSION OR REVOCATION. - Upon receipt of the answer or failure to receive an answer within the required period, the Board shall conduct a hearing or investigation and decide according to the evidence. Depending upon the gravity of the violation charged or if the agency shall fail to answer, the Board suspend any dealings with the agency concerned during the pendency of the investigation.

SECTION 24. ACTION OF THE BOARD. - Upon termination of the investigation, the Board shall dismiss the charge or suspend or revoke the license or accreditation of the agency concerned, if the evidence so warrants. The Board's decision shall be sent to the agency concerned, the Department, the regulatory agency of the state or country where the agency operates and the Department of Foreign Affairs.

ARTICLE VIII INTERCOUNTRY ADOPTION PROCESS

SECTION 25. WHO MAY BE ADOPTED. - Any child who has been voluntarily or involuntarily committed to the Department as dependent, abandoned or neglected pursuant to the provisions of the Child and Youth Welfare Code may be the subject of Inter-Country Adoption; Provided that in case of a child who is voluntarily committed, the physical transfer of said child shall be made not earlier than six (6) months from the date the Deed of Voluntary Commitment was executed by the child's biological parent/s. The prohibition against physical transfer shall not apply to adoption by a relative or children with special medical conditions.

SECTION 26. WHO MAY ADOPT - Any foreign national or a Filipino citizen permanently residing abroad who has the qualifications and none of the disqualifications under the Act may file an application if he/she: (a) is at least twenty-seven (27) years of age; (b) is at least sixteen (16) years older than the child to be adopted at the time of the filing of the application unless the applicant is the parent by

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nature of the child to be adopted or is the spouse of such parent by nature; (c) has the capacity to act and assume all the rights and responsibilities incident to parental authority under his/her national law; (d) has undergone appropriate counseling from an accredited counselor in his/her country; (e) has not been convicted of a crime involving moral turpitude; (f) is eligible to adopt under his/her national law; (g) can provide the proper care and support and give the necessary moral values and example to the child and in the proper case, to all his/her other children; (h) comes from a country (i) with whom the Philippines has diplomatic relations; (ii) whose government maintains a foreign adoption agency, and; (iii) whose laws allow adoption, and (i) files jointly with his/her spouse, if any, who shall have the same qualifications and none of the disqualifications to adopt as prescribed above.

SECTION 27. FORM OF APPLICATION. - An application shall be in the form prescribed by the Board. It shall include an undertaking under oath signed by the applicant to uphold the rights of the child under Philippine laws and the applicant's national laws, the United Nations Convention on the Rights of the Child and to abide by the provisions of the Act and all rules and regulations issued pursuant thereto. The application shall include an undertaking that should the adoption not be approved, or if for any reason the adoption does not take place, the applicant shall pay for the cost of travel back to the Philippines of the child and his/her companion, if any.

SECTION 28. SUPPORTING DOCUMENTS OF APPLICATION. - The following documents, written and officially translated in English shall accompany the Application: (a) Family and Home Study Reports on the family and home of the applicant; (b) Birth Certificate of the applicant; (c) Marriage Contract of the applicant or Decree of Absolute Divorce, in the proper case; (d) Written consent to the adoption by the biological or adopted children who are ten (10) years of age or over

witnessed by the social worker after proper counseling.' (e) Physical and medical evaluation by a duly licensed physician and psychological evaluation by a psychologist; (f) Latest income tax return or any other documents showing the financial capability of the applicant; (g) Clearance issued by the police or other proper government agency of the place where the applicants reside; (h) Character reference from the local church minister/priest, the applicant's employer or a non-relative member of the immediate community who have known the applicant for at least five (5) years; (i) Certification from the Department of Justice or other appropriate government agency that the applicant is qualified to adopt under their national law and that the child to be adopted is allowed to enter the country for trial custody and reside permanently in the said place once adopted, and; (j) Recent postcard-size pictures of the applicant and his immediate family.

SECTION 29. FEES, CHARGES AND ASSESSMENTS. - There shall be a fee of $100 upon filing of the application and $900 upon acceptance of the matching proposal for processing and operational expenses of the inter-country adoption program and other charges and assessments for child care and placement programs and services. Fees for applicants for special needs children shall be a filing fee of $100 and a processing fee of $400. Such fees, charges and assessments shall be indicated on the application form and communicated to all foreign adoption agencies.

SECTION 30. WHERE TO FILE APPLICATION. - The application shall be filed with the Board through a foreign adoption agency in the country where the applicant resides. In the case of a foreign national who has filed a petition for adoption in the Philippines under Article 184 of the Family Code but after hearing is found not to be qualified under any of the exceptions therein, the Regional Trial Court where the case is pending may determine if the petitioner is qualified to adopt under the Act and the Rules. If the petitioner has all the

qualifications and none of the disqualifications, the Court shall issue an order for inclusion of the petitioner, upon filing of the application and fee, in the Board's Roster of Applicants and shall direct the petitioner to submit a Deed of Voluntary Commitment of the child executed by the child's parents in favor of the Department.

SECTION 31. ROSTER OF APPLICANTS. - The Board shall act on each application and direct the Secretariat to include those approved in the Roster of Applicants within one (1) month from receipt thereof.

SECTION 32. ENDORSEMENT OF CHILD FOR INTER-COUNTRY ADOPTION. - A child who has been committed to the Department and who may be available for intercountry adoption shall be endorsed to the Board by the Department. The endorsement shall contain a certification by the Department that all possibilities for adoption of the child in the Philippines have been exhausted and that inter-country adoption is in the best interest of the child. The endorsement must be made within one (1) week after transmittal of the Child Study Report and other pertinent documents from the local placement committee for inter-regional matching.

SECTION 33. SUPPORTING DOCUMENTS. - The following documents pertaining to the child shall be attached to the endorsement: (a) Child Study Report which shall include information about the child's identity, upbringing and ethnic, religious and cultural backgrounds, social environment, family history, medical history and special needs; (b) Birth or Foundling Certificate; (c) Decree of Abandonment of the child, the Death Certificate of the child's parents or the Deed of Voluntary Commitment executed after the birth of the child and after proper counseling as to the effect of termination of parental authority to ensure that consent was not induced by monetary or other consideration; (d) Medical evaluation or history including that of the child's biological parents, if available; (e) Psychological evaluation, as may be necessary, and; (f) Child's own

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consent if he/she is ten (10) years or older, witnessed by a social worker of the child caring/placing agency and after proper counseling.

SECTION 34. MATCHING. - The matching of the child to an applicant shall be carried out during a matching conference before the Committee participated in by the Executive Director or social worker of the child caring agency or the social worker of the Department in case of adoption by a relative. The Board shall set the guidelines for the manner by which the matching process shall be conducted and shall include among others the following: (a) Matching proposal (b) Filing of matching proposal (c) Presentation by the social worker (d) Deliberations (e) Committee action (approval, disapproval or deferment) (f) Motion for reconsideration

SECTION 35. APPROVAL OF MATCHING. - The Committee shall endorse the matching proposal to the Board for its approval or other appropriate action. The endorsement shall state the reasons for the Committee's recommendation on the placement.

SECTION 36. BOARD ACTION ON APPROVED MATCHING. - The Board shall immediately act on the matching proposal of the Committee. If the same is approved, a notice of matching shall be sent to the concerned foreign adoption agency within five (5) days from date of approval and shall be accompanied by the following documents: (a) Child Study Report; (b) Health Certificate and medical history of the child; (c) Recent photographs of the child, and (d) Itemized pre-adoptive placement costs. The applicant shall notify the foreign adoption agency in writing of his/her decision on the matching proposal within fifteen (15) calendar days from receipt of said proposal unless the applicant requests for additional information about the child. The matching proposal shall be deemed rejected if the applicant, through the foreign adoption agency, fails to notify the Board of

his/her decision within fifteen (15) days from receipt of the notice.

SECTION 37. NO CONTACT BETWEEN APPLICANT AND CHILD'S PARENTS. - No matching arrangement except under these Rules shall be made between the applicant and the child's parents/guardians or custodians, nor shall any contact between them concerning a particular child be done before the matching proposal of the Committee has been approved by the Board. This prohibition shall not apply in cases of adoption of a relative or in exceptional cases where the child's best interest, as determined by the Board is at stake.

SECTION 38. PLACEMENT AUTHORITY. - Upon receipt of the applicant's acceptance of the matching proposal and confirmation of the pre-adoptive placement plans presented by the foreign adoption agency, the Board shall issue the Placement Authority within five (5) working days. A certified excerpt of the Minutes of the meeting of the Committee approving the matching shall be attached to the Placement Authority and shall form part of the records of the child. Copy of the Placement Authority shall be transmitted to the Department of Foreign Affairs and to the foreign adoption agency.

SECTION 39. PRE-ADOPTIVE PLACEMENT COSTS. - Upon acceptance of the matching proposal, the applicant, through the foreign adoption agency, shall pay for the expenses incidental to the pre-adoptive placement of the child, including the cost of the child's travel and medical and psychological evaluation and other related expenses. Under exceptional circumstances, the Board may defray the costs subject to reimbursement.

SECTION 40. PRE-DEPARTURE PREPARATION OF THE CHILD. - After the issuance of the Placement Authority and prior to departure abroad, the child shall be given the necessary preparation and guidance by the child caring/placing agency which submitted the matching

proposal or by the social worker of the Department in case of adoption by a relative, in order to minimize the trauma of separation from the persons with whom the child may have formed attachments and to ensure that the child is physically able and emotionally ready to travel and to form new relationships.

SECTION 41. FETCHING THE CHILD BY APPLICANT. - The applicant shall personally fetch the child from the Philippines not later than thirty (30) days after notice of issuance of the visa of the child for travel to the country where the applicant resides. The unjustified failure of the applicant to fetch the child within said period shall result in the automatic cancellation of the Placement Authority.

SECTION 42. TRANSFER OF CUSTODY OF THE CHILD. - Trial custody shall start upon actual physical transfer of the child to the applicant who, as actual custodian, shall exercise substitute parental authority over the person of the child. In all cases, the foreign adoption agency shall supervise and monitor the exercise of custody by maintaining communication with the applicant from the time the child leaves the Philippines.

SECTION 43. SUPERVISION OF PRE-ADOPTIVE PLACEMENT. - The foreign adoption agency shall be responsible for the pre-adoptive placement, care and family counseling of the child for at least six (6) months from the arrival of the child in the residence of the applicant. During the period of pre-adoptive placement, the foreign adoption agency shall furnish the Board with bi-monthly reports on the child's health, psycho- social adjustment and relationships which the child has developed with the applicant including the applicant's health, financial condition and legal capacity. The Board shall furnish the child's home agency a copy of the report.

SECTION 44. EMERGENCY REPORT. - During the trial custody period, the foreign adoption agency shall notify the Board of any incident that may have resulted in a serious impairment of the relationship

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between the child and the applicant or of any serious ailment or injury suffered by the child, as soon as possible but not later than seventy-two (72) hours after the incident or the discovery of the ailment or injury.

SECTION 45. TERMINATION OF PRE-ADOPTIVE RELATIONSHIP. - If the pre-adoptive relationship is found unsatisfactory by the child or the applicant, or both, or if the foreign adoption agency finds that the continued placement of the child is not in the child's best interest, said relationship shall be suspended by the Board and the foreign adoption agency shall arrange for the child's temporary care. No termination of preadoptive relationship shall be made unless it is shown that the foreign adoption agency has exhausted all means to remove the cause of the unsatisfactory relationship which impedes or prevents the creation of a mutually satisfactory adoptive relationship.

SECTION 46. NEW PLACEMENT FOR CHILD. - In the event of termination of the preadoptive relationship, the Board shall identify from the Roster of Applicants a qualified family to adopt the child with due consideration for suitability and proximity. In the absence of any suitable family in the Roster of Approved Applicants, the foreign adoption agency may propose a replacement family whose application shall be filed for the consideration of the Board. The consent of the child shall be obtained in relation to the measures to be taken under this Section, having regard in particular to his/her age and level of maturity.

SECTION 47. REPATRIATION OF THE CHILD. - The child shall be repatriated as a last resort if found by the Board to be in his/her best interests. If the Board in coordination with the foreign adoption agency fails to find another placement for the child within a reasonable period of time after the termination of the pre-adoptive relationship, the Board shall arrange for the child's repatriation. The Board shall inform the Department,

the child caring/placing agency concerned and the Department of Foreign Affairs of the decision to repatriate the child.

SECTION 48. CONSENT TO ADOPTION. - If a satisfactory pre-adoptive relationship is formed between the applicant and the child, the Board shall transmit the written consent to the adoption executed by the Department to the foreign adoption agency within thirty (30) days after receipt of the latter's request.

SECTION 49. FILING OF PETITION FOR ADOPTION. - The applicant shall file the petition for the adoption of the child with the proper court or tribunal in the country where the applicant resides within six (6) months after the completion of the trial custody period.

SECTION 50. DECREE OF ADOPTION. - A copy of the final Decree of Adoption of the child including the Certificate of Citizenship/Naturalization whenever applicable, shall be transmitted by the foreign adoption agency to the Board within one (1) month after its issuance. The copy of the Adoption Decree shall form part of the records of the Board which shall require the recording of the final judgment in the appropriate local and foreign Civil Register.

SECTION 51. DISMISSAL OF PETITION FOR ADOPTION. - In case of dismissal by the foreign tribunal of the petition for adoption filed by the applicant, the procedures under Section 45, 46 and 47 shall apply.

SECTION 52. POST-ADOPTION SERVICES. - The Board shall establish a program of post-adoption services in cooperation with local child caring and child placing agencies and foreign adoption agencies.

ARTICLE IX CONFIDENTIALITY

SECTION 53. RECORDS. - The application, together with all the records, documents and communications relating thereto and its processes shall be confidential. No copy thereof as well as any information relating thereto shall be released without written authority from the Board or the written request of any of the following: (a) the child/adopted person, with appropriate guidance and counseling or his/her duly authorized representative, spouse, parent or parents, direct descendants or guardian or legal institution legally in charge of the adopted person, if a minor; (b) the court or proper public official whenever necessary in an administrative, judicial or other official proceeding to determine the identity of the parent or parents or of the circumstances surrounding the birth of the child/adopted person, or; (c) the nearest kin, in case of the death of the child/adopted person.

SECTION 54. PRESERVATION OF INFORMATION. - The Board shall ensure that information held by them concerning the origin of the child/adopted person, in particular the identity of his/her biological parents, is preserved.

SECTION 55. ILLEGAL ADOPTION. - Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption shall be punished with imprisonment ranging from six (6) years and one (1) day to twelve (12) 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 discretion of the court. For purposes of this Act, an adoption is illegal if it is effected in any manner contrary to the provisions of this Act or established State policies, its implementing rules and regulations, executive agreements and other laws pertaining to adoption.

SECTION 56. PRESUMPTION OF ILLEGALITY. - An adoption shall be presumed illegal if: (a) the consent for an adoption was acquired through or attended by coercion, fraud or improper material inducement; (b) there is no

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authority from the Board to effect adoption; (c) the procedures and safeguards placed under the Act for adoption were not complied with, or; (d) if the child to be adopted is subjected or exposed to danger, abuse and exploitation.

SECTION 57. VIOLATION OF CONFIDENTIALITY. - Any person who shall violate the confidentiality and integrity of records, documents and communications relating to adoption applications, cases and processes, shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years and or a fine not less than Five Thousand Pesos (P5,000.00) but not more than Ten Thousand Pesos (P10,000.00) at the discretion of the court.

SECTION 58. ATTEMPT TO COMMIT OFFENSE. - A penalty lower by two (2) degrees than that prescribed for the consummated felony described above shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated.

SECTION 59. CHILD TRAFFICKING. - Acts punishable under the above provisions shall be considered as an offense constituting child trafficking and shall be punished with reclusion perpetua when committed by a syndicate or where it involves two or more children. An offense is deemed committed by a syndicate if it is carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts. Penalties herein provided shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws, ordinances, executive orders and proclamations.

SECTION 60. PUBLIC OFFICERS AS OFFENDERS. - Any government official, employee or functionary who shall be found guilty of violating any of the provisions of this Act, or who shall conspire with private individuals shall, in additional to the aboveprescribed penalties, be penalized in

accordance with existing civil service laws, rules and regulations. Provided, that upon filing of an administrative or criminal case, the public officer concerned shall automatically be suspended from office until the resolution of the case.

ARTICLE X FINAL PROVISIONS

SECTION 61. INTERPRETATION OF THE PROVISION OF THE RULES. - Any doubt or vagueness in the provisions of the Rules shall be interpreted for the best interests of the child.

SECTION 62. REPEALING CLAUSE. - The provisions under the Rules shall supersede any other rules and regulations on the Inter-Country Adoption of Filipino Children.

SECTION 63. SEPARABILITY CLAUSE. - The declaration of invalidity of any provision of the Rules or part thereof shall not affect the validity of the remaining provisions.

SECTION 64. EFFECTIVITY CLAUSE. - The Rules shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation, except those which pertain to self-executing provisions of the Act. Approved in the City of Manila this 8th day of January in the year of our Lord, Two Thousand and Four.

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