DOMESTIC ADOPTION ACT OF 1998

Case Overview and Summary

Summary of the Domestic Adoption Act of 1998 (Republic Act No. 8552):

Declaration of Policies (Section 2):
- Ensure child remains under care of parent(s), provide love and security for child's development.
- Consider adoption by unrelated person only when efforts prove insufficient and no placement within extended family is available.
- Child's best interest is paramount consideration, in accordance with UN conventions.
- Safeguard parents from hurried decisions to relinquish parental authority.
- Prevent unnecessary separation of child from biological parents.
- Protect adoptive parents from attempts to disturb parental authority over adopted child.
- Conduct public information campaigns to promote positive environment for adoption.
- Ensure sufficient capacity to handle adoption inquiries, process applications, and offer adoption services.
- Encourage domestic adoption to preserve child's identity and culture, consider intercountry adoption as last resort.

Definition of Terms (Section 3):
- "Child" is a person below 18 years of age.
- "Child legally available for adoption" refers to a child committed to the Department or accredited agency, freed from parental authority.
- "Voluntarily committed child" is one whose parent(s) willingly relinquishes parental authority.
- "Involuntarily committed child" is one whose parent(s) has been permanently deprived of parental authority due to abandonment, neglect, abuse, or incompetence.
- "Abandoned child" refers to one without proper parental care or guardianship for at least 6 continuous months.
- "Supervised trial custody" is a period where a social worker oversees adjustment of adopter(s) and adoptee.
- "Department" refers to the Department of Social Welfare and Development.
- "Child-placing agency" is an accredited agency providing child welfare services, including adoption.
- "Child-caring agency" is an accredited agency providing 24-hour residential care for children.
- "Simulation of birth" is tampering civil registry to make it appear a child was born to someone who is not the biological mother.

Pre-Adoption Services (Sections 4-6):
- Counseling services shall be provided to biological parent(s), prospective adoptive parent(s), and prospective adoptee.
- Efforts shall be made to locate unknown biological parent(s) (Section 5).
- The Department shall develop a pre-adoption program including the above services (Section 6).

Eligibility (Sections 7-9):
- Filipino citizens or aliens with specific qualifications may adopt (Section 7).
- Persons below 18 years old who are legally available for adoption may be adopted, as well as other specific cases (Section 8).
- Consent is required from adoptee (if 10 years or older), biological parent(s)/guardian, legitimate/adopted children (if 10 years or older), and spouse (Section 9).

Procedure (Sections 10-15):
- Court shall require proof that biological parent(s) was properly counseled to prevent hurried decisions (Section 10).
- A licensed social worker shall make a case study of the adoptee, biological parent(s), and adopter(s), and submit report and recommendations to the court (Section 11).
- Adopter(s) shall be given a supervised trial custody period of at least 6 months, which may be reduced if in the best interest of the adoptee (Section 12).
- If no opposition, court shall enter a decree of adoption effective from the date of original petition filing (Section 13).
- An amended birth certificate shall be issued, and the original certificate shall be sealed (Section 14).
- All hearings and records shall be kept strictly confidential (Section 15).

Effects of Adoption (Sections 16-18):
- All legal ties between biological parent(s) and adoptee shall be severed, and parental authority shall be vested on the adopter(s) (Section 16).
- The adoptee shall be considered the legitimate child of the adopter(s) for all intents and purposes, entitled to all rights and obligations (Section 17).
- In legal and intestate succession, the adopter(s) and adoptee shall have reciprocal rights of succession without distinction from legitimate filiation (Section 18).

Rescission of Adoption (Sections 19-20):
- Adoption may be rescinded upon petition of the adoptee on specific grounds committed by the adopter(s), such as maltreatment, attempt on life, sexual assault, or abandonment (Section 19).
- If rescission is granted, parental authority of biological parent(s) or legal custody of the Department shall be restored if adoptee is a minor or incapacitated (Section 20).
- Reciprocal rights and obligations of adopter(s) and adoptee shall be extinguished, and succession rights shall revert to status prior to adoption (Section 20).

Violations and Penalties (Sections 21-22):
- Penalties of imprisonment and/or fine shall be imposed for obtaining consent through coercion, non-compliance with procedures, subjecting child to danger, abuse, or exploitation, and simulation of birth (Section 21).
- A person who simulated birth prior to the Act's effectivity shall not be punished if it was for the best interest of the child and other conditions are met (Section 22).

Final Provisions (Sections 23-28):
- An Adoption Resource and Referral Office shall be established under the Department (Section 23).
- Implementing rules and regulations shall be formulated within 6 months (Section 24).
- Appropriations shall be included in the General Appropriations Act (Section 25).
- Repealing, separability, and effectivity clauses are provided (Sections 26-28).