Guidelines on Adoption

   


Date:    1998

Source:    DWSD

Subject:    Rules and Regulations to Implement the Domestic Adoption Act of 1998

Text:

It is the policy of the State to ensure that every child remain under the care and custody of his/her biological parents and be provided with love, care, understanding and security toward the full development of his/her personality. When care of the biological parents is unavailable or inappropriate and no suitable alternative parental care or adoption within the child's extended family is available, adoption by an unrelated person shall be considered. However, no direct placement of a child to a non-relative shall be countenanced.

Adoption is the most complete means whereby permanent family life can be restored to a child deprived of his/her biological family.

The child's best welfare and interest shall be the paramount consideration in all questions relating to his/her care and custody.

PRE-ADOPTION SERVICES:

Pre-adoption services including counseling shall be provided by professionally trained social workers of the Department, the social services units of local government, private and government health facilities, Family Courts, licensed and accredited child-caring and child placing agency and such other individuals or entities involved in adoption as may be authorized by the Department, of the following:

1.   Biological Parent(s)

1.1  Biological parents shall be counseled regarding their options:

  1. to keep the child and avail of services and assistance;

  2. avail of temporary child care arrangements such as foster care; or

  3. relinquish the child for adoption.

1.2  Counseling shall be provided in a language and manner understandable to the biological parents(s) legal guardian on the implications of relinquishing his/her parental authority over the child focusing on:

  1. the loss of parental rights over the child and as a rule, not having further contact with the child;

  2. the importance of providing relevant information on the child, their own medical history and family background;

  3. the possibility that the child may be placed for adoption within the Philippines or in a foreign country;

  4. the possibility that in the future, there may be communication with the child at their or the child's initiative; and

  5. the right to reconsider his/her decision to relinquish his/her child within six months from signing the Deed of Voluntary Commitment (DVC), subject to assessment by the Department.

1.3   Continuing services shall be provided after relinquishment to cope with feelings of loss, etc., and other services for his/her reintegration to the community.

1.4  The biological parent(s) who decides to keep the child shall be provided with adequate services and assistance to fulfill parental responsibilities.

2.   Prospective Adoptive Parent(s)

2.1.  Prospective adoptive parent(s) shall attend adoption fora and seminars to help them assess their motivation, capacity and readiness to adopt. The Department shall conduct fora, seminars and counseling sessions to achieve the following additional objectives:

  1. to disseminate basic information about adoption including the adoption process and procedures and the effects of adoption;

  2. to inform them of the general background of children in need of adoptive homes including children with special needs;

  3. to develop among prospective adoptive parents a respect for the child's biological origin and an awareness of the importance of telling the child that he/she is adopted; and

  4. provide a support group for adoptive parents which shall give them a venue for sharing their adoption experiences.

2.2.  A certificate shall be issued by the Department to the prospective adoptive parents attesting that they have undergone pre-adoption services.

The certificate shall be made a pre-requisite of the homestudy.

Section 9.  Persons Whose Consent Is Necessary To The Adoption. In addition to the Consent to Adopt by the Department under Section 22 of these Rules, the written consent of the following persons to the adoption shall be given in the required legal form and attached to every petition for adoption:

  1. the prospective adoptee, if ten (10) years of age or over;

  2. the prospective adoptee's biological parents of the child or legal guardian;

  3. the prospective adoptee's legitimate sons/daughters living with them;

  4. the prospective adopter's spouse in appropriate cases; and prospective adoptee in appropriate cases.

ARTICLE X

REGISTRATION OF BIRTH

Section 42.  Registration of Birth. All hospitals, attending physicians and midwives in attendance at the birth of a child shall register such birth of a child not later than 30 days from the date of said birth as required under the Civil Register Law.

ARTICLE XI

Section 43.  Confidentiality. All records, documents and court proceedings relating to the adoption shall be confidential. No copy thereof shall be released without determination that it is for reasons substantially connected with or arising out of the adoption.

In such event, records and information shall be disclosed in a way that will prevent persons who do not have a legitimate interest, from learning the fact that a person has been adopted or, if that is revealed, the identity of his/her biological parents.

 

   
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