AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A ''CHILD LEGALLY AVAILABLE FOR ADOPTION''

Case Overview and Summary

Summary of Republic Act No. 9523

Declaration of Policy (Section 1):
- The State shall provide alternative protection and assistance to abandoned, surrendered, or neglected children in an expeditious manner for their full emotional and social development.
- Administrative processes under the Department of Social Welfare and Development (DSWD) for declaring a child legally available for adoption are recognized as the most expeditious proceedings for the child's best interest and welfare.

Definitions (Section 2):
- DSWD is the sole authority to issue certification declaring a child legally available for adoption.
- Child refers to a person below 18 years old or over 18 but unable to take care of themselves due to disability.
- Abandoned Child refers to a child without proper parental care or guardianship, or whose parent(s) have deserted them for at least 3 continuous months.
- Neglected Child refers to a child whose basic needs have been deliberately unattended or inadequately attended for at least 3 continuous months, either physically or emotionally.
- Child Legally Available for Adoption refers to a child certified by DSWD as legally available for adoption after proving abandonment, neglect, or voluntary commitment.
- Voluntarily Committed Child is one whose parent(s) or legal guardian willingly relinquished parental authority to DSWD or an accredited agency.
- Child-caring agency or institution provides 24-hour residential care for abandoned, neglected, or voluntarily committed children.
- Child-placing agency or institution receives and processes applicants for foster care or adoption.
- Petitioner is the head of an agency or institution with custody of the child, filing for the certification.
- Secretary refers to the DSWD Secretary or authorized representative.
- Conspicuous Place refers to a public place where the petition notice is posted.
- Social Case Study Report (SCSR) is a report by a social worker on the child's background and circumstances of abandonment or neglect.

Petition (Section 3):
- The petition shall be an affidavit containing facts establishing the abandonment or neglect of the child.
- It shall be supported by: (1) SCSR, (2) proof of efforts to locate parents/relatives, (3) birth certificate if available, and (4) recent and previous photographs of the child.

Procedure for Filing Petition (Section 4):
- The petition shall be filed in the DSWD regional office where the child was found or abandoned.
- The Regional Director shall examine the petition, authorize posting the notice for 5 consecutive days, render a recommendation within 5 working days, and transmit records to the Secretary within 48 hours.

Declaration of Availability for Adoption (Section 5):
- Upon finding merit, the Secretary shall issue a certification declaring the child legally available for adoption within 7 working days.
- The certification shall be the sole basis for the local civil registrar to issue a foundling certificate within 7 working days, which shall be transmitted to the National Statistics Office.

Appeal (Section 6):
- The Secretary's decision is appealable to the Court of Appeals within 5 days, otherwise it becomes final and executory.

Declaration for Involuntarily and Voluntarily Committed Children (Section 7):
- For involuntarily committed children, the certification shall be issued within 3 months following commitment.
- For voluntarily committed children, the certification shall be issued within 3 months following the Deed of Voluntary Commitment.
- Parent(s) or legal guardian may recover custody within 3 months after voluntary commitment if they can provide for the child's needs.

Certification (Section 8):
- The DSWD certification shall be the primary evidence that the child is legally available for adoption in domestic and inter-country adoption proceedings.

Implementing Rules and Regulations (Section 9):
- DSWD, along with other agencies, shall draft the implementing rules and regulations within 60 days after publication.
- Pending the rules, petitions may be filed with the DSWD regional office.

Penalty (Section 10):
- A penalty of P100,000 to P200,000 shall be imposed on any person, institution, or agency who places a child for adoption without DSWD certification.
- Violating agencies may have their license revoked, and their officers and employees may face criminal prosecution.
- Government officials or employees violating the Act shall face administrative, civil, and/or criminal sanctions, including suspension, dismissal, and forfeiture of benefits.

Repealing Clause (Section 11):
- Specified sections of Republic Act No. 8552, Republic Act No. 8043, and Presidential Decree No. 603 are repealed, modified, or amended accordingly.

Separability Clause (Section 12):
- If any provision is held invalid or unconstitutional, the other provisions shall remain valid and subsisting.

Effectivity (Section 13):
- The Act shall take effect 15 days after complete publication in two newspapers of general circulation or in the Official Gazette.