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Adoption
A socio-legal process ofproviding a permanent family
to a child whose parents havevoluntarily relinquished theirparental authority over thechild
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State Policies
1. Ensure that every child remains under the careand custody of his/her parents and be providedwith love, care, understanding and securitytowards the full and harmonious developmentof his/her personality.
2. In all matters relating to care, custody andadoption of a child, his/her interest shall be theparamount consideration in accordance withthe levels set forth in the UN CRC and other
international instruments. The state shallprovide alternative protection and assistancethrough foster care or adoption for every childwho is neglected, orphaned or abandoned
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3. It is a State Policy to:
3.1. Safeguard biological parents from making
hurried decisions to relinquish his/herparental authority over his/her child.
3.2. Prevent the child from unnecessaryseparation from his/her biologicalparents.
3.3. Protect adoptive parents from attempts todisturb his/her parental authority andcustody over his/her adopted child.
Any voluntary or involuntary termination ofparental authority shall be administratively orjudicially declared to establish the status ofchild as legally available for adoption
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custody of child is transferred to DSWDor to any licensed CCA/CPA which shall
be authorized to do permanentplacement of child
3.4. Conduct public information andeducational campaign
3.5. Ensure sufficient capacity exists withingovernment and private agencies tohandle adoption inquiries, applicationsand adoption related services.
3.6. Encourage domestic adoption topreserve childs identity and culture andto consider ICA as a last resort
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Salient Features ofRA 8552
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1. Pre-Adoption Services (Sec.4)
1.1. Biological Parent(s) counseling services
ensure that no hurried decision is made
6 months to reconsider decision to relinquishchild
1.2. Prospective Adoptive Parent(s) counseling sessions
attendance to adoption fora and seminars(certificate of attendance)
1.3. Prospective Adoptee counseling sessions
To understand nature and effects of adoption
To express views on adoption
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His/her country has diplomatic relationswith the Philippines
Has been living in the Philippines for atleast 3 continuous years prior to filing of
application for adoption
2. An Alien Possessing all theQualifications stated forFilipino Nationals may Adopt(Sec.7)
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Maintains such residence until the
adoption decree is entered
Has been certified by his/herdiplomatic or consular office or anyappropriate agency that he/she has
legal capacity to adopt in his/hercountry
His/her government allows theadoptee to enter his/her country as
his/her adopted child
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Requirements on residency may bewaived for the following reasons:
A former Filipino citizen who seeksto adopt a relative within the 4thdegree of consanguinity or affinity;or
One who seeks to adopt thelegitimate child of his/her spouse; or
One who is married to a Filipinocitizen and seeks to adopt jointly
with his/her spouse a relative withinthe 4th degree of consanguinity oraffinity of the Filipino spouse.
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3. Benefits of Adoption
The adoptive parents shall, with respectto the adopted child, enjoy all the benefitsto which biological parents are entitled.Maternity and paternity benefits and other
benefits given to biological parents uponthe birth of a child shall be enjoyed if theadoptee is below seven (7) years of ageas of the date the child is placed with theadoptive parents thru the Pre-AdoptivePlacement Authority (PAPA) issued by theDepartment.
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4. Succession (Sec. 18)
In legal and interstate succession, theadopters and the adoptee shall havereciprocal rights of succession without
distinction from legitimate filiations.However, if the adoptee and his/herbiological parent(s) had left a will, thelaw or testamentary succession willgovern.
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5. Grounds for Rescission ofAdoption (Sec. 19)
An adoptee shall not be subject to
recission by adopter(s). However, theadopter(s) may disinherit the adopteefor causes provided in Article 919 ofthe Civil Code.
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The adoptee, if minor or over 18 but isincapacitated with the assistance ofDSWD or a guardian may be rescindedon the following grounds committed bythe adopter(s):
repeated physical and verbal
maltreatment by the adoptersdespite having undergonecounseling;
attempt on the life of the adoptee;
sexual assault or violence; or abandonement and failure to
comply with parental obligations.
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6. Post Adoption Services (IRRSec. 32)
these shall be made available to theadoptee, adopter and the biologicalparents by the DSWD, LGU, CC/CPAs:
counseling services
tracing of roots
other issues on adoption
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7. Creation of the AdoptionResource and Reference
Office (ARRO)
Under the supervision of the DSWD
Central Office and Regional Director Central Office ARRO - PMB
Field Office ARRU RegionalDirector
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8. Rectification of SimulatedBirths
Prior to effectivity of law (March 18, 1998)those who simulated the birth of a child shallnot be punished provided that:
it was made for the best interest of the
child Child was considered and treated by the
person as his/her own son/ daughter It was filed within 5 years from effectivity
of the Act. (Amnesty ended March 18,
2003) Procedures in Art. IV of the Act and other
requirements are followed
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9. Violations and Penalties (Sec.21)Imprisonment ranging from 6 years and 1day to 12 years
And/or a fine not less than P50,000.00 butnot more than P200,000.00 at the discretionof the court shall be imposed on any personwho shall commit the following acts:
obtaining consent for an adoption throughcoercion, under influence, fraud, improperinducement or other similar acts;
non-compliance with the procedure andsafeguards provided by law for adoption; or
subjecting or exposing the child to beadopted to danger, abuse or exploitation.
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Causing the fictitious registration of thebirth of a child under the names of persons
who is/are not the childs biological parentsshall be guilty of simulation of birth
Penalty: fine not exceeding P50,000.00
prison major/medium period
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Types of Adoption
1. Agency Adoption
is when a licensed adoption agency finds anddevelops adoptive families for children who arevoluntarily or involuntarily committed. The
adoptive families go through the process fromapplication to finalization of the childs adoptionunder the auspices of the Department of SocialWelfare and Development or a licensed child-placing agency.
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2. Direct / Independent Placement Adoption
is when the biological parents make a directplacement of the child either to a relative, amember of their family, or a friend/non-relative with whom they relinquish theirchild.
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Effects of Adoption
1. Sever legal ties between the biologicalparent(s) and the adoptee, except when thebiological parents is the spouse of theadopter;
2. Deem adoptee as a legitimate child of the
adopter;3. Give the adopter and adoptee equal rights and
obligations arising from the relationship ofparents and child, including but not limited to:
the right of the adopter to choose thename the child is to be known; and
the rights of the adopter & adoptee to belegal and compulsory heirs of each other.
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Who may be adopted?
1. Any person below (18) years of age who hasbeen administratively or judicially declaredavailable for adoption in accordance with theprocedures as indicated in Articles 142 to 155of PD 603: The Child & Youth Welfare Code;
2. The legitimate son/daughter of one spouse bythe other spouse;
3. An illegitimate son/daughter by a qualifiedadopter to improve his/her status to that oflegitimacy;
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4. A person of legal age if, prior to the adoption,
said person has been consistentlyconsidered and treated by the adopter(s) ashis/her own child since minority;
5. A child whose adoption has been previouslyrescinded; or
6. A child whose biological or adoptiveparent(s) has died: Provided, That no
proceedings shall be initiated within six (6)months from the time of death of saidparent(s).
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Who may adopt?
1. Is of legal age;
2. Is at least sixteen (16) years older than theadoptee; Provided, however that the minimumage gap between the adopter and adopteemay not be required if the adopter is thebiological parent or sibling of the adoptee orthe spouse of the adoptees parent;
3. Has the capacity to act and assume all therights and duties incident to the exercise ofparental authority;
4. Is of good moral character and has not beenconvicted of any crime involving moral
turpitude;
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5. Is in position to support, educate and care for
his/her legitimate and illegitimate childrenand the child to be adopted in keeping withthe means of the family;
6. Has undergone pre-adoption services as
required in Section 4 of the Act.In addition to these qualifications, an alienmay adopt if he/she:
a. Is a citizen of a state which hasdiplomatic relationswith the Philippines;
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b. Has been certified by his/her diplomatic orconsular office or any appropriate agency
that:
i. He/she is qualified to adopt in his/hercountry; and
ii. His/her government will allow theadoptee to enter the adopters countryand reside there permanently as anadopted child;
c. Has submitted the necessary & such othercertifications as may be required by theDepartment.
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What are the documents needed?
For the prospective adoptive parents (PAP)
1. Authenticated birth certificate
2. Marriage contract or divorce, annulment,declaration of nullity or legal separation
documents3. Written consent to the adoption of the
legitimate, adopted or illegitimate childrenliving with the applicant who are aged 10
years old and above4. Physical and medical evaluation from a duly
licensed physician; psychological evaluation,if necessary.
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5. NBI/Police clearance
6. Latest Income Tax
7. Three (3) character reference
8. 3 x 5 picture
9. Certificate of attendance to adoption fora
10. Home Study Report
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For the prospective adoptive child
1. Authenticated birth certificate or foundlingcertificate
2. Written consent to adoption by the biologicalparent/s or the legal guardian & the writtenconsent of the child if at least 10 years old
3. Death certificate of biological parents, Decree
of Abandonment or Deed of VoluntaryCommitment, as appropriate
4. Medical Evaluation of the child and his/herparents, if available
5. Psychological Evaluation6. Picture of the child
7. Case study report
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1. Attendance to adoption fora / seminar
2. Application
3. Preparation of homestudy report
4. Approval / disapproval of application5. Matching or family selection
6. Pre-placement of child with the PAP
7. Placement
8. Supervised trial custody
Domestic Adoption Process
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9. Finalization of Childs adoption Issuance of the consent to adoption
Preparation and filing of petition foradoption
Social case study report Court hearing on the petition
10. Issuance of the Adoption Decree
11. Issuance of Amended Birth Certificate
12. Issuance of a Certificate of Finality
13. Provision of Post adoptive services
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Domestic Adoption Process
Y
Child Study
Attendance to
Adoption Fora/Seminar
Application forAdoption by
Prospective AdoptiveApplicant/s (PAP)
Assessment/ Home
Study of PAPMatching(RegionalCWSG)
Placement of Childwith PAP
Inter-regionalMatching(IAPC)
Inter-country
Matching
Matching(RegionalCWSG)
Issuance of
Consent toAdoption
File Adoption
Petition CourtHearing
Adoption Decree
Amended BirthCertificate
Post AdoptionServices
Placement to Foster
Families/ or return to CCAs
Childs Documents
Child
Y
N
NN
PAP
Legend:Y yesN noCWSG ChildWelfareSpecialist Group
Identification ofchild for adoption
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Inter country Adoption Board (ICAB)
Inter country Placement Committee (ICPC)
Inter regional MatchingProgram Management Bureau
(DSWD Central Office)
Inter regional MatchingCommittee (IMC)
Local Adoption(DSWD Field Office)
Regional Child and Welfare SpecialistGroup (CWSG)
Levels of Adoption
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1. Post Adoption Services (PAS) refer topsycho-social and support services providedto the adoptee, adoptive parents and birthparents by the social worker, ICAB, CC/CPagencies trained on adoption and by other
professionals.a. Search for Biological Parents
Factors why Adoptees Search
{studies of Triseoliotis (1973) and Sorosky (1975)}
Non-disclosure of background information onthe revelation of only hostile data
Unsatisfactory adoptive family relationships
Negative self-image
Related Issues/Concerns onAdoption
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b. Why is there a need to have a mechanism fora systematic delivery of post adoptionservices? To provide protection to the rights of the
adoptee, adoptive parents and the birthparents
To maintain the confidentiality and privacy ofthe adoption
To prepare the adoptee, adoptive parents andthe birth parents prior to the search andreunion, if decided.
To provide supervised access to relevant info/
records to the adoptee and adoptive parents To define and support all other post placement
PAS as a resource for the adoptee, adoptiveparents and the birth parents
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2. Disruption of Adoption Placement
Occurs when adoption placement is not
completed or discontinued due toproblems either or both on the parts ofthe child and/ or adoptive family
Refrain from use of the word failure soas not to reinforce feelings of guilt and
inadequacy of the adoptive family, thechild or social worker
Disruption may occur if there is:
1. Mismatching of adoptive family and child
2. Inadequate assessment and preparation of adoptiveparents
3. Poor preparation of the child
4. Fragmented post placement visits
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3. Rescission of Adoption
Require a judicial extinguishment of all
reciprocal rights and obligations betweenthe adoptees and the adoptive parents
Adoption may only be rescinded only uponthe petition of the adoptee with theassistance of the DSWD, if a minor, or if
over 18 years old but is incapacitated Adoptees may disinherit the adoptee for
causes provided in Article 919 of the CivilCode
GROUNDS:
1. Repeated physical and verbal maltreatment by the adopter(s)despite having undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4.
Abandonment and failure to comply with parental obligations
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EFFECTS:1. Restoration of parental authority of the adoptees
biological parent (s), if known or the legal custodyof the Department of the adoptee if still a minor orincapacitated.
2. The reciprocal rights and obligations of theadopter (s) and the adoptee to each other shall
be extinguished3. Cancellation of the new birth certificate of the
adoptee by the Civil Registrar as ordered by thecourt and restoration of the adopters original birthcertificate.
4. Succession rights shall revert to its status prior toadoption but only as of the date of judgment ofjudicial rescission.
5. Vested rights acquired prior to judicial rescissionshall be respected.
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PROCEDURES
1. If a report of the situations enumerated aboveare committed by the adoptive parents to anadoptee who is a minor below 18 years old hadbeen received by the office, the social workershall gather information/ data of the case and
report same to the Provincial/ City Prosecutorcovering the area.
2. Proceed with your assessment and help gatherevidences which may help in the evaluation ofthe case. Prepare a case study report.
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3. Through the Legal Service of the Department ofSocial Welfare and Development or the Public
Assistance Office or any duly authorized legalrepresentative prepare and file the petition forthe rescission of adoption, if the adoptee cannot afford to hire a lawyer.
4. Simultaneous with the social workersassessment of the case for both the adopteeand his/ her adoptive parents, prepare a re-placement plan for the child
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4. Sharing with the child his/ her adoptive status
When to tell that he/ she is adopted
5. Infertility problem
Stages of Grief
Shock
Protest
Abandonment of Hope or Despair
Final Resolution
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