DSWD IRR of RA 8552

Article I
General Provisions

Section 1

Affirmation of Policy.

It is the policy of the State to ensure that every child remains 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 childs extended family is
available, adoption by an unrelated person shall be considered. However, no direct
placement of a child to a non-related 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 childs best welfare and interest shall be the paramount consideration in all
questions relating to his/her care and custody.

Section 2

Applicability.

These Rules shall apply to the adoption in the Philippines of a Filipino child by a
Filipino or alien qualified to adopt under Article III, Section 7 of RA 8552.

Adoption of a child by any member of his/her extended family shall likewise be

governed by these Rules.
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:

"Act" shall refer to Republic Act No. 8552 otherwise known as "The Domestic
Adoption Act of 1998".

"Department" shall refer to the Department of Social Welfare and Development.

"Child" shall refer to a person below eighteen (18) years of age.

"A child legally available for adoption" shall refer 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.

"Voluntarily committed child" shall refer to one whose parent(s) knowingly and
willingly relinquishes parental authority to the Department.

"Involuntarily committed child" shall refer to 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.

"Abandoned child" shall refer to one who has no proper parental care or legal
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.

"Foundling" shall refer to a deserted or abandoned infant or a child found,

with parents, guardian, or relatives being unknown, or a child committed in an
orphanage or charitable or similar institution with unknown facts of birth and
parentage and registered in the Civil Register as a "foundling".

"Deed of Voluntary Commitment" shall refer 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 parent(s) or by
the child's legal guardian in their absence, mental incapacity or death, to be
signed in the presence of an authorized representative of the Department after
counseling and other services have been made available to encourage the child's
biological parent(s) to keep the child.

"Child Study Report" shall refer to a study of a child's legal status,

placement history, psychological, social, spiritual, medical, ethno-cultural
background, and that of his/her biological family as basis in determining the most
desirable placement for him/her.

"Home Study Report" shall refer to a study of the motivation and capacity of
the prospective adoptive parents to provide a home that meets the needs of a child.

"Matching" shall refer to the judicious selection from the regional or

interregional levels of a family for a child based on the child's needs and in
his/her best interest as well as the capability and commitment of the adoptive
parents to provide such needs and promote a mutually satisfying parent-child
relationship.

"Supervised trial custody" shall refer to the period during which a social
worker oversees the adjustment and emotional readiness of both adopting parents and
adopted child in stabilizing their filial relationship.

"Licensed Social Worker" shall refer to one who possesses a bachelor of science
in social worker degree as a minimum education requirement and must have passed the
government licensure examination for social workers as required by Republic Act
4373.

"Child-placing agency" shall refer to a private non-profitable or charitable

institution or government agency duly licensed and accredited by the Department to
provide comprehensive child welfare services including but not limited to,
receiving applications for adoption/foster care, evaluating the prospective
adoptive/foster parents, preparing the home study and all other processes as
provided for in Article V of the Rules.

"Child-caring agency" shall refer to a private non-profitable or charitable

institution or government agency duly licensed and accredited by the Department
that provides twenty-four (24) hour residential care services for abandoned,
orphaned, neglected, or voluntarily committed children.

"Simulation of birth" shall refer to the tampering of the civil registry making
it appear in the birth records that a certain child was born to a couple or a
person who is not his/her biological mother and/or his/her biological father,
causing such child to lose his/her true identity and status.
 "Extended Family" shall refer to a relative of a child both at the paternal and
maternal side within the fourth degree of consanguinity.

"Biological Parents" shall refer to the child's mother and father by nature or
the mother alone if the child is unacknowledged illegitimate child.

"Prospective Adoptive Parent(s)" shall refer to person mentioned under Section

7 of the Act who have filed an application for adoption.

"Prospective Adoptee" shall refer to one who is legally available for adoption
as defined in Section 3(d) of this rule or one who falls under the enumeration in
Sec. 8 of the Act.

"Pre-Adoption Services" shall refer to psycho-social services 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.

"Post-Adoption Services" shall refer to psycho-social services and support

services provided by professionally trained social workers from offices above-
mentioned after the issuance of the Decree of Adoption.

"Residence" shall refer to a person's actual and legal stay in the Philippines
for three (3) continuous years immediately prior to the filing of application for
adoption decree is entered; Provided, that temporary absences for professional,
business or emergency reasons not exceeding sixty (60) day in one (1) year shall
not be considered as breaking the continuity requirement; Provided further that the
Department may extend this period in meritorious cases.

"Alien" shall refer to any person, not a Filipino citizen, who enters and
remains in the Philippines and in possession of a valid passport or travel
documents and visa.

Article III
Pre-Adoption Services

Section 4

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 to the
following:

Biological Parent(s)

1.1 Biological parents shall be counseled regarding their options:

to keep the child and avail of services and assistance;

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

relinquish the child for adoption.

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

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

the importance of providing relevant information on the child, their own

medical history and family background;

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

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

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.

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:

to disseminate basic information about adoption including the adoption

process and procedures and the effects of adoption.

to inform them of the general background of children in need of adoptive

homes including children with special needs;

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.

to 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 home study.

Prospective Adoptee

3.1 A prospective adoptee shall be provided with counseling and other support
services appropriate to his/her age and maturity, and in a manner and language that
the child comprehends, especially to enable him/her to understand why he/she has
been relinquished for adoption.
 3.2 In the case of a prospective adoptee whose consent to his/her own adoption
is necessary, the social worker/counselor shall consider the child's wishes and
opinions, ensure that his/her consent is voluntary and duly inform him/her of the
effects of such consent.

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).

The following shall be sufficient proof that such efforts to locate the biological
parents, guardians or relatives have been made:

Certification from radio and/or TV stations that the case was aired on three
(3) different occasions; and

Publication in newspapers of general or local circulation whichever is

appropriate to the circumstances.

If the biological parent(s) is located, he/she will be assessed to determine their

willingness to keep the child and their parenting capability. If reunification is
desired it shall be effected after the parent(s) and child undergo counseling.

If efforts to locate the child's parent/s fail, the child shall be registered as a
foundling and within three (3) months from the time he/she is found, be the subject
of legal proceedings where he/she shall be declared abandoned. If the child's
parents are located but reunification is not desired, the parent(s) shall execute a
deed of voluntary commitment to the Department.

Section 6

Support Services.

The Department and other authorized agencies shall organize and assist support
groups for adoptive parents, biological parents and adoptees, provide parent and
family life education sessions and referral for specialized services, among others.
Article IV
Eligibility

Section 7

Who May Adopt.

Any Filipino citizen or alien residing in the Philippines who has the
qualifications and none of the disqualifications under the Act may be eligible to
adopt if he/she:

is of legal age;

is at least sixteen (16) years older than the adoptee; Provided, however that
the minimum age gap between the adopter and adoptee may not be required if the
adopter is the biological parent or sibling of the adoptee or the spouse of the
adoptee's parent;

has the capacity to act and assume all the rights and duties incident to the
exercise of parental authority;

is of good moral character and has not been convicted of any crime involving
moral turpitude;

is in position to support, educate and care for his/her legitimate and

illegitimate children and the child to be adopted in keeping with the means of the
family;

has undergone pre-adoption services as required in Section 4 of the Act.

In addition to these qualifications, an alien may adopt if he/she:

is a citizen of a state which has diplomatic relations with the Philippines;

has be certified by his/her diplomatic or consular office or any appropriate

agency that:

he/she is qualified to adopt in his/her country; and

his/her government will allow the adoptee to enter the adopters' country
and reside there permanently as an adopted child;

has submitted the necessary clearances and such other certifications as may be
required by the Department.

Section 8

Who May Be Adopted.

The following may be adopted:

any person below (18) years of age who has been administratively or judicially
declared available for adoption in accordance with the procedures as indicated in
Articles 142 to 155 of the P.D. 603: The Child and Youth Welfare Code;

the legitimate son/daughter of one spouse by the other spouse;

an illegitimate son/daughter by a qualified adopter to improve his/her status

to that of legitimacy;

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;

a child whose adoption has been previously rescinded; or

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

Person 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:
 the prospective adoptive, if ten (10) years of age or over,

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

the prospective adopter's legitimate and adopted sons/daughters who are ten
(10) years of age or over and, if any, illegitimate sons/daughters living with
them;

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

in appropriate cases.

The foregoing consent shall be given freely after they have been properly counseled
as required under Section 4 by a social workers who shall attest in the same
document that the required counseling and information have been given.
Article V
Procedure

Section 10

Hurried Decision.

In all proceedings for adoption, a comprehensive study report prepared by a

licensed social worker shall be submitted to the court as proof that the biological
parent(s) has been properly counseled and provided other support services:

to exhaust all measures to strengthen family ties and keep the child;

to ensure that their decision to relinquish their child for adoption is not
caused by stress, anxiety or pressure; and

to ascertain that such decision does not result in improper financial gain for
those involved in it.

Section 11

Attendance in Adoption Fora and Seminars.

In accordance with Section 4.2. of these Rules, prospective adoptive parents shall
attend adoption fora and seminars prior to filing their application to adopt.

Section 12

Fees and Charges.

Pursuant to Section 23(d) of the Act, child-caring and child-placement agencies may
charge reasonable fees as determined by the Department to cover expenses in
providing adoption services. The applicant(s) shall be apprised of the fees at the
start of the adoption process.

Section 13

Application for Adoption.

A person eligible to adopt under Article III, Section 7 of the Act who desires to
adopt a child in the Philippines whether a relative or not and has attended
adoption fora and seminar, shall file his/her application for adoption with the
Department directly or with a social service office of a local government unit, or
with any licensed accredited child placing agency. Spouses shall file their
application jointly.
Section 14

Preparation of Home Study Report.

A home study report of the applicant shall be prepared by a licensed and accredited
social worker of the Department, or social service office of the local government
unit or licensed and accredited child placing agency where pre-application is filed
who shall conduct home visits to the applicants to determine capacity to adopt and
possession of qualification. The home study report shall clearly indicate whether
the applicant is being recommended for child placement or not. The applicant's
Homestudy Report shall be accompanied by the following documents/certifications:

1) Authenticated birth certificate;

2) Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal

Separation documents;

3) Written consent to the adoption by the legitimate and adopted

sons/daughters, and illegitimate sons/daughters if living with the applicant, who
are at least ten (10) years old;

4) Physical and medical evaluation by a duly licensed physician; and when

appropriate, psychological evaluation;

5) NBI/Police Clearance;

6) Latest income tax return or any other documents showing financial

capability, e.g. Certificate of Employment, Bank Certificate or Statement of Assets
and Liabilities;

7) Three (3) character references, e.g. the local Church/Minister, the

employer, and a non-relative member of the immediate community who have known the
applicant(s) for at least three (3) years;

8) 3 x 5 sized pictures of the applicant(s) and his/her immediate family taken

within the last three (3) months;

9) Certificate of attendance to pre-adoption fora or seminars.

In addition, foreign nationals shall submit the following:

10) Certification that the applicant(s) have legal capacity to adopt in his/her
country and that his/her country has a policy, or is a signatory of an
international agreement, which allows a child adopted in the Philippines by its
national to enter his/her country and permanently reside therein as his/her
legitimate child which may be issued by his/her country's diplomatic or consular
office or central authority on intercountry adoption or any government agency which
has jurisdiction over child and family matters; or, in the absence of any of the
foregoing, the Philippine Intercountry Adoption Board may also certify that the
Philippines and the applicants' country have an existing agreement or arrangement
on intercountry adoption whereby a child who has been adopted in the Philippines or
has a pre-adoption placement approved by the Board is allowed to enter and remain
as permanent resident in the applicants' country as his/her legitimate child.

11) Certificate of Residence in the Philippines issued by the Bureau of

Immigration or Department of Foreign Affairs, as appropriate;

12) Two (2) character references from a non-relatives who knew the applicant(s)
in the country of which he/she is a citizen or was a resident prior to residing in
the Philippines, except for those who have resided in the Philippines for more than
fifteen (15) years;

13) Police Clearance from all places of residence in the past two years
immediately prior to residing in the Philippines.

In the case of an applicant who is residing abroad, but is otherwise qualified to

adopt in the Philippines under the provisions of the Act, the Homestudy Report
shall be prepared by an accredited foreign adoption agency. However, a
certification from the Intercountry Adoption Board shall be required to ensure that
said agency is accredited.

Section 15

Disapproval of Adoption Application.

The applicants shall be informed as soon as possible about the approval or

disapproval of the adoption application. In case of disapproval, the social worker
shall help them understand the reasons for their disapproval and shall assist or
refer them for appropriate services in areas where they need to be helped. Except
when found by the social worker that such application can no longer be considered,
there shall be no prejudice to future application of said applicants.

Section 16

Certificate of Availability of Child for Adoption.

No child shall be placed for adoption unless a clearance has been obtained from the
Department that said child is available for adoption. The Department shall not
issue such certification unless the Child Study Report prepared by a duly licensed
and accredited social worker of the Department or of a child caring agency
recommends that the child's best interests will be served by adoption.

The Department shall issued the Certificate of Availability for Adoption not later
than fifteen (15) day after expiration of the six (6) month period after execution
of Deed of Voluntary Commitment by the child's parents or legal guardian required
under P.D. No. 603 or the Child and Youth Welfare Code or after receipt of entry of
judgment in case of involuntary commitment. Copy of the Certificate of Availability
for Adoption and Child Study Report shall be sent to the Child Welfare Special
Group (CWSG) for purpose of placement of the child for adoption.

Section 17

Supporting Documents of Child Study Report.

The child study report shall be prepared only by a licensed and accredited social
workers of the Department or child caring agency not involved in child-placement.
Such child study report shall include assessment and recommendations of the social
worker as to the alternative child custody and care appropriate for the child.

The following documents shall accompany the child report:

Authenticated birth certificate or foundling certificate, when appropriate;

Written consent to adoption by the biological parent(s) or the legal guardian

and the written consent of the child if at least ten (10) years old, signed in the
presence of the social worker of the Department or child caring agency after proper
counseling as prescribed in Section III of these Rules;
 Death Certificate of biological parents, Decree of Abandonment or Deed of
Voluntary Commitment, as appropriate;

Medical evaluation of the child and his/her parent(s), if available;

Psychological evaluation, when appropriate;

Picture of the child.

Section 18

Submission of Case Records of Prospective Adoptees and Prospective Adoptive

Parents.

Case Records of prospective adoptees and prospective adoptive parents shall be

submitted to the concerned Adoption Resource and Referral Office (ARRO) which was
established according to Section 23 of the Act for matching.

Section 19

Matching.

The matching of the child to an approved adoptive parent/s shall be carried out
during the regular matching conference by the Matching Committee otherwise called
the Child Welfare Specialist Group (CWSG) in the regional level where the social
workers of the child and family are present. Subject to the approval of the
Department, the CWSG shall fix its own internal rules and procedures in accordance
with the rules of Court; Provided, however, that records of children and approved
adoptive parent/s not matched within thirty (30) days in the regional level shall
be forwarded to the Department's Central Office for interregional matching;
Provided further that children with special needs shall be immediately forwarded if
not matched in the first meeting, except under special circumstances.

The matching proposal made by the CWSG shall be approved by the Department.

Section 20

Interregional Matching.

Records of prospective adoptees and approved adoptive parent/s not matched in the
regional level shall be forwarded to the Department's Central Office for
interregional matching by the Interregional Adoptive Placement Committee whose
internal rules and procedures shall be established by the Department.

Section 21

Pre-Placement.

The respective social worker who prepared the reports shall also prepare the
adoptive family and the child, physically and psychologically before actual
placement.

Section 22

Placement.

The physical transfer of a child from child caring agency or foster home to the
prospective adoptive parents who shall be responsible for his/her care and custody
shall be made after the necessary forms are accomplished and the Pre-adoption
Placement Authority (PAPA) has been issued after approval of the Regional Director
for placement within the region or by the Department Secretary or his/her duly
authorized representative in cases of interregional placements.

Section 23

Supervised Trial Custody.

The placement of the child shall take effect upon issuance of the Pre-Adoption
Placement Authority by the Department after which the supervised trial custody
shall immediately commence.

During the supervised trial custody, the social worker shall conduct monthly home
visits to monitor adjustment of the prospective adopter(s) and child to each other
and submit progress report to the Department. A copy of these reports shall be
given to the child caring agency where the child came from.

The court may, upon its own motion or on motion of the petitioner, reduce or
dispense with the trial period if it finds that it is to the best interest of the
child. In such case, the court shall stated its reasons for reducing said period.

Section 24

Disruption of Pre-Adoptive Placement.

If the placement/relationship is found unsatisfactory by the child or the

adopter(s), or both, or if the social worker finds that the continued placement of
the child is not in the child's best interest, said relationship/placement shall be
suspended by the Department which shall recommend to the Adoption Resource and
Referral Office to consider another possible placement. Should there be no
available prospective adoptive family, the Department shall arrange for the child's
temporary care. No termination of placement shall be made unless it is shown that
the social worker has exhausted all efforts to remove the cause of the
unsatisfactory relationship/placement within a reasonable period of time.

Section 25

New Placement.

In the event of the disruption of the pre-adoptive placement, the Department shall
arrange without delay a new placement of the child, or, if inappropriate, other
alternative long term care. The consent of the child to the measures to be taken
under this section shall be obtained having regard to his/her age and level of
maturity in particular.

Section 26

Consent to Adoption.

If the adjustment of the child/adopter(s) is satisfactory, the social worker shall

forward to the Department the final supervisory report which shall include the
recommendation for the issuance of the written consent to adoption to be executed
by the Department.

Section 27

Filing of Petition for Adoption.

The prospective adoptive parent(s) shall initiate judicial proceeding by filing the
petition to adopt not later than thirty (30) day from date of receipt of the
Department's written consent to adoption.

Section 28

Issuance of Decree of Adoption and Entry of Judgment.

If, after considering the recommendation and reports of the social worker and other
evidence, the Court is satisfied that the adopter(s) are qualified to adopt, then
an adoption decree and an Entry of Judgment shall be issued stating the name by
which the child is to be known. A copy of the decree of adoption shall be forwarded
to the Department. The effectivity of the decree shall be as of the date the
original petition was filed.

Section 29

Travel Authority of Adopted Child.

No adoptees shall be issued a travel authority unless a decree of adoption has

already became final and executory. In this respect, the amended birth certificate
shall be presented. If for any valid reason the same cannot be presented, the
application for travel authority shall be accompanied by the duplicate original or
certified true copy of the decree of adoption and entry of judgment issued by the
court which promulgated the decision and a certification from the Office of the
Solicitor General that the decision is final and executory and that no appeal there
from has been filed by the said office.

Section 30

Recording of the Court Decision.

A court decision on adoption as well as the finality of decision shall be submitted

by the clerk of court or in his default, by the adopting parent(s), to the Local
Civil Registry Office of the city/municipality where the court issuing the same is
situated, for entry in the Register of Court Decrees, not later than thirty (30)
day after the court decision has become final and executory. Such Local Civil
Registry Office shall submit one copy of the court decision to the Local Civil
Registry Office of the city or municipality where the birth of the adopted child
was registered and the latter office shall have the duty to prepare the amended
certificate of live birth of the adopted child.

Section 31

Civil Registry Record.

The adopted child shall be entitled to the issuance of a new certificate of live
birth. Amendment to the certificate of live birth shall be done in accordance with
the rules and regulations promulgated by the Office of the Civil Registrar General
and Section 14 of the Act.

A copy of the new birth certificate shall be transmitted by the local civil
registrar to the National Statistics Office within 30 days from registration.

Section 32

Post Adoption Services -

Post Adoption Services which shall include counseling shall be made available by
the social workers of the Department, social services unit of the local government,
child placing and child caring agencies to the adoptee, adopter and the biological
parents.
Article VI
Effects of Adoption

Section 33

Effects of Adoption. -

Adoption shall have the following effects:

Sever all legal ties between the biological parents and the adoptee, except
when the biological parent is the spouse of the adopter;

Deem the adoptee as a legitimate child of the adopter;

Give adopter and adoptee reciprocal rights and obligations arising from the
relationship of parent and child, including but not limited to:

i. the right of the adopter to choose the name, the child is to be known;
and

ii. the right of the adopter and adoptee to legal and compulsory heirs of
each other

Section 34

The adoptive parents shall, with respect to the adopted child, enjoy all the
benefits to which biological parents are entitled. Maternity and paternity benefits
and other benefits given to biological parents upon the birth of a child shall be
enjoyed if the adoptee is below seven (7) years of age as of the date the child is
placed with the adoptive parents thru the Pre-Adoptive Placement Authority issued
by the Department.
Article VII
Rescission of Adoption

Section 35

Grounds for Rescission.

Adoption being in the best interest of the child, shall not be subject to
rescission by the adopter(s). The adoption may be rescinded only upon the petition
of the adoptee with the assistance of the Department, if a minor or if over
eighteen (18) years of age but is incapacitated, on any of the following grounds
committed by the adopter(s):

Repeated physical and verbal maltreatment by the adopter(s) despite having

undergone counseling;

Attempt on the life of the adoptee;

Sexual assault or violence; or

Abandonment and failure to comply with parental obligations.

Section 36

Disinheritance of Adoptee.
The adopter(s) may disinherit the adoptee for cause provided in Article 919 of the
Civil Code.

Section 37

Effects of Rescission.

Rescission of Adoption shall have the following effects.

Restoration of parental authority of the adoptees biological parent(s), if

known or the legal custody of the Department of the adoptee if still a minor or
incapacitated.

The reciprocal rights and obligations of the adopter(s) and the adoptee to each
other shall be extinguished.

Cancellation of the new birth certificate of the adoptee by the Civil Registrar
as ordered by the court and restoration of the adopters original birth
certificate.

Succession rights shall revert to its status prior to adoption but only as of
the date of judgement 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 VIII
Adoption Resource And Referral Office

Section 38

Functions.

The Adoption Resource and Referral Office (ARRO) shall be under the supervision of
the Departments Central Office and Regional Office Director.

The functions of the ARRO shall include the following:

Monitor the existence, number and flow of children legally available for
adoption and prospective adopter(s), so as to facilitate their matching;

Maintain a nationwide/regional information and educational campaign o domestic

adoption;

Keep records of adoption proceedings;

Generate resources to help child-caring and child-placing agencies and maintain

viability;

Do policy research in collaboration with the Intercountry Adoption Board and

other concerned agencies; and

Act as the Secretariat to the Child Welfare Specialist Group (CWSG) during
Interregional/regional matching conferences.

Section 39
Composition Of the CSWG.

The CWSG shall have five (5) members composed of a social worker of the Department,
a lawyer specializing on child and youth welfare cases, a physician, a psychiatrist
or psychologist, and a representative of a non-government organization of adoptive
parents or child welfare agencies who shall be selected in consultation with the
recognized association or organization of adoptive parents and child caring
agencies.

The Department shall appoint qualified persons who shall serve in the CWSG for a
term of two (2) years which may be renewed for another term.

Only CWSG members who are not with the Department shall be entitled to a per diem
for every meeting attended but not to exceed four (4) meetings a month.

Section 40

Functions Of The CWSG.

The CWSG shall have the following functions:

Match children for adoption;

Implement an integrated system and network of selection and matching of

applicants and children;

Initiate, review and recommend changes in policies concerning child placement

and other matters related to child welfare;

Perform such other functions and duties as may be prescribed by the Department.

Article IX
Procedure for Rectification of Simulated Birth

Section 41

Procedure for Rectification.

A person who has under his care and custody a child whose birth registration has
been simulated to make it appear that the child is his/her own son or daughter
shall file in the appropriate court an application for correction of the birth
registration and for adoption of the child. For the purpose of availing of the
benefit under Section 22 of the Act, said person shall initiate said proceedings
within five (5) years from the effectivity of the Act and shall thereafter complete
said proceedings wherein he/she shall prove that the simulation of birth was made
for the best interest of the child, and the child has been consistently considered
and treated as his/her own son/daughter. The Department shall conduct its own child
and home study reports through a licensed and duly accredited social worker to
determine if said conditions exist.

In all cases of rectification of simulated birth and adoption of said child, the
Department shall secure a deed of voluntary commitment executed by the childs
biological parent(s) or a judicial declaration of abandonment transferring legal
custody of the child to the Department; Provided that if adoption by the person who
has custody of the child is recommended, said person shall retain custody of the
child unless the court decided otherwise.

Any publication to determine the whereabouts of the childs biological parents and
relatives shall be limited to the circumstances at the time the child was found
without revealing the present identity of the child and his/her current custodian.
Any inquiries regarding the child shall be directed to the Department.
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
Confidentiality of Adoption Records

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.
Article XII
Reporting Violations

Section 44

Office In Charge of Handling Violations.

The CWSG, child caring/placing agency and every person who has knowledge of any
violation under the Act or related laws shall immediately report the same to the
nearest police station, local government unit or office of the Department who shall
act thereon within twenty-four (24) hours from receipt of the report. Any delay or
negligence in acting on the violations shall be dealt with criminally and
administratively.

Failure of adopters to initiate legalization of the adoption of children placed in

their care and custody within six (6) months from the end of supervised trial
custody shall be considered an act not in the best interest of the child.
Article XIII
Violations and Penalties

Any person who shall violate any of the provisions of the act shall be dealt with
accordingly pursuant to Article VII Section 21 of the Act.
Article XIV
Final Provisions

Section 45

Interpretation Of The Provisions Of The Rule.

Any doubt or ambiguity in the provisions of these Rules shall be interpreted in the
best interest of the child.
Section 46

Repealing Clause.

All rules and regulations, orders, resolutions, and parts thereof inconsistent with
the provisions of this Rules are hereby repealed or modified accordingly.

Section 47

Separability Clause.

If for any reason, any section or provision of these Rules is declared

unconstitutional or invalid, the other sections or provisions hereof which are not
affected shall continue in full force and effect.

Section 48

Effectivity.

These Rules shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation, except those which pertain to self-executing
provision of this Act.