Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. It involves a transfer of parental rights and obligations and provides family membership. The Department of Social Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."
Philippine Republic Act 8552, also known as the Domestic Adoption Act of 1998, recognizes that children should grow up with their biological parents; however, should the efforts of biological parents to raise their child be insufficient, other members of the extended family may take on the responsibility of parenthood for the child. It is only when members of the extended family are not available that adoption by non-relatives is allowed to take place.
Recognized types The DSWD recognizes three major types of domestic adoption within the Philippines: agency adoption and relative adoption. Agency adoption refers to the procedure by which a legally accredited agency finds potential families for children who are put up for adoption. Relative adoption is when the biological parents of a child renounce their claim over the child to a relative or a member of their extended family. As for inter-country adoption, it is the process of matching a child with a family outside of the Philippines through the collaboration of local and foreign adoption agencies.
Agency adoption Agency adoption occurs when a DSWD-licensed agency finds adoptive families for children. Agency adoption targets three actors: the biological parents, the child who will be up for adoption, and the adopters. Philippine state policies and procedures regarding adoption aims to balance and safeguard the rights and welfare of the stated actors.
Procedures for agency adoption
Pre-adoption The DSWD provides for pre-adoption procedures as stipulated in RA 8552 in order to safeguard parents from making hurried decisions, as well as safeguard the child from unnecessary separation from his or her biological parents. The pre-adoption procedures are generally concerned with counseling the actors involved in order to ensure their mental and emotional well-being throughout the entire adoption process.
Counseling of biological parents Counseling of biological parents attempts to ensure they are well-informed of the implications of surrendering their child for adoption. This measure is important in safeguarding against hasty choices born out of potential emotional and financial pressures.
Information provided during the counseling sessions focus on making sure the biological parent understands that he or she is fully relinquishing their parental authority over the child, which entails having no further contact with their child. However, if the child wishes, he or she may initiate communication with their parents in the future. Biological parents are also given the right to reconsider giving up their child for adoption within three months of signing the Deed of Voluntary Commitment (DVC), which is a document that formalizes the relinquishment of their child.
Any expressed desire to commit a child to adoption will only be binding after the actual birth of the child so as to give the biological parents enough opportunity to assess their available alternatives. Counseling services for biological parents are also available after their child has been surrendered in order to assist in coping with guilt or feelings of loss.
Should the biological parents of the child be unknown, the DSWD or the child-placing agency has the duty to explore all avenues in order to locate the biological parents of a child. Efforts are deemed sufficient when there exists: 1) certification from a local or national radio or television station that the case was aired on three different occasions; 2) publication of the case in one newspaper of general circulation; 3) certification from the police, barangay, Philippine Red Cross, National Headquarters (NHQ), or Social Service Division that the child's parents could not be found; and 4) returned mail to the last known address of the parent(s) or known relatives.
Counseling for prospective adoptive parents Prospective adoptive parents are mandated to go through a counseling process as well as join an adoption forum in order to be prepared for effective parenting.
Counseling should help prospective adoptive parents come to terms with the reasons behind their decision to adopt. With regards to infertility in particular, counseling is necessary in order to make sure the adopters internalize the concept that the adopted child is not merely there as a substitute child until they are able to conceive.
The social worker is also responsible for making sure the prospective adopters understand are familiar with the adoption process. This is also when prospective parents are coached on how and when to discuss and disclose the child's adopted status to the adoptee, as well as how to answer questions about their biological parents.
Counseling of the adoptee Older children are also included in counseling to help them understand that the people who will be adopting them will be their new parents. To the extent of the child's comprehension, the adoption process and legal implications will be explained to them. In the counseling sessions, the child is also given the opportunity to express their apprehensions and hopes for adoption.
Adoption procedures
Social Case Study Report The Social Case Study Report (SCSR) is a written assessment conducted by a licensed social worker as to the child's social, economic, cultural, and psychosocial background, as well as details about the abandonment or neglect of the child. The report should also contain the efforts of the social worker to locate the child's biological parents/relatives.
The certification of counseling of both biological parents must be provided for the case study report to take place. The DSWD or child-placing agency then must prepare a case study report of the child and the biological parents. The social worker must confirm the real identity and registered name of the adoptee with the Civil Registry. If the adoptee is not registered, the social worker is responsible for facilitating the child's registration.
The case study report must contain 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. After this, the child may be placed in the custody of the DSWD or a child-placing agency.
The social worker prepares a case study report on the prospective adopters as well, to make sure they can provide a suitable home for the child. The Supreme Court Rule on Adoption refers to this as a “home study report” “aimed to help the DSWD and courts ascertain the genuine intentions of the adopters.”
Matching process or family selection Prospective adopters and the children legally available for adoption then meet at the matching table once the case study reports have been filed.
Matching is the major function of the Child Welfare Specialist Group (CWSG). This group is composed of five members: a social worker from DSWD, a lawyer, a physician, a psychologist, and NGO representative of adoptive parents or child welfare agencies. The DSWD Secretary has since created a National Child Welfare Specialist Group; the creation of a national matching committee was done in order to prevent delays in placing the child. Adopters are asked to specify their preferences in the child with whom they will be matched, including sex and age. The matching process also determines if the adopters are willing to adopt a child who has a developmental delay or disability.
With regards to religious affiliations, the Omnibus Guidelines on the Domestic Adoption Process state that religion can only be considered if the child is old enough to understand religious belief and practices. This age is generally pegged at 6 years old and above.
Placement and supervised trial custody Upon the completion of the matching process, the social workers are then required to prepare the adoptive family and the child for placement. Once the DSWD has approved the placement, the department will issue the Pre-Adoption Placement Authority to transfer parental responsibility to the adoptive parents. This also marks the beginning of the supervised trial custody.
The supervised trial custody is defined as the period of time during which a social worker monitors the adjustment period and emotional preparedness of both adopters and adoptee in their new familial relationship. This entails monthly home visits to check up on the situation of the adopted child in his or her new family, after which the social worker must submit progress reports to the authorized body.
The duration of the supervised trial custody is six months; upon its culmination, the Consent to Adopt is issued by the DSWD. This time period should be waived if biological parents want to adopt their illegitimate child, or if foster parents want to adopt their foster child provided that a harmonious relationship exists between the child and his foster family.
Filing a petition for adoption
Potential adopters must then file the petition for adoption with the Family Court of their province in order to make the adoption official. This is the only point when the services of a lawyer are needed.
There are several provisions enumerated in the Supreme Court Rule on Adoption regarding the petition to be filed. It stipulates that this petition must be verified and state at the heading of the initiatory pleading its specific contents. These may consist of an application for a change of name, rectification of simulated birth, voluntary or involuntary commitment of children or declaration of the child as abandoned, dependent or neglected.
In the case of a request for a change of name, reasons must be stated. Along with this, the registered name, aliases (if any) and the proposed new name of the child must be listed.
If rectification of simulated birth is requested, the simulation of birth must have occurred prior to the date of effectivity of RA 8552 and the application for both the rectification and the petition must be filed within five years of the said date. The simulation of birth would be rectified for the best interests of the potential adoptee, and he or she must have been consistently treated as the petitioner's own child.
For the case where an abandoned, a dependent or neglected child is to be adopted, facts must be cited to prove this assertion, including the names and residence of the child's parents or guardians. The name of the accredited child-placement agency must also be stated together with their authorization to give consent.
The court shall only proceed to hear the petition once the order of hearing has been published and all stipulated requirements met. Both the petitioner and the potential adoptee must be present during the hearing, with the petitioner testifying before the judge on the said date. The social worker must also be present to ensure that all involved parties have been well assessed and have gone counseling so that they will be fully prepared.
The presence of both the petitioner and the adoptee is vital as through this the court may be able to better gauge the child's condition both individually and relative to the petitioner.
Decree of adoption
Only when all the requirements have been settled, can they move stage of the decree of adoption.
The provisions regarding the adoption decree can be found in RA 8552. They include the following. The decree of adoption phase will only be entered upon approval of the court with the best interests of the child put forward.