Foundling Recognition and Protection Act

Case Overview and Summary

Summary of the Foundling Recognition and Protection Act

Definitions and Coverage (Section 3, 13, 15):
- A foundling is a deserted or abandoned child or infant with unknown facts of birth and parentage.
- This includes those registered as foundlings during infancy but reached majority without adoption.
- Safe haven providers are entities where parents can relinquish infants 30 days old or younger without criminal liability.
- Infants relinquished under safe haven provisions are considered foundlings.

Citizenship and Legitimacy (Section 5, 6, 7, 8):
- A foundling found in the Philippines or Philippine territories abroad is presumed a natural-born Filipino citizen. (Section 5)
- If biological parents cannot be identified, the foundling shall be declared legally available for adoption. (Section 6)
- Once adopted, the foundling is considered the legitimate child of the adopter with all rights and obligations. (Section 6)
- Foundlings are entitled to alternative child care options like kinship care, foster care, or residential care. (Section 7)
- Foundlings have the right to government programs and services like registration, facilitation of documents, education, legal protection, nourishment, medical care, and admission to child centers. (Section 8)

Registration Process (Section 9, 10, 11, 12):
- Within 15 days, the NACC shall conduct a proactive search and inquiry into the foundling's birth and parentage. (Section 9)
- Required documents for registration: affidavit of finder, barangay/police certification, and NACC report. (Section 10)
- The NACC report must attest that birth and parentage are unknown despite diligent inquiry. (Section 10)
- The Local Civil Registrar shall issue the Certificate of Live Birth after receiving the requirements. (Section 10)
- The Certificate of Live Birth may be revoked if parentage is established or if there was fraud in concealing material facts. (Section 11)
- Biological parents may petition the NACC to recover legal custody and restore parental authority, subject to the child's best interest. (Section 12)

Safe Haven Provisions (Section 13, 14, 16):
- Parents relinquishing infants 30 days old or younger to specified entities are exempt from criminal liability. (Section 13)
- Safe haven providers must inform the NACC within 48 hours of receiving a relinquished infant. (Section 14)
- Safe haven providers acting in good faith without gross negligence are not liable for civil damages. (Section 16)

Penalties (Section 17):
- 6 months to 6 years imprisonment for falsifying foundling registration documents. (Section 17a)
- 6 months to 5 years imprisonment for obstructing the inquiry into the foundling's birth and parentage. (Section 17b)
- P500,000 to P1,000,000 fine for safe haven providers not reporting a relinquished infant within 48 hours. (Section 17c)
- P1,000,000 to P5,000,000 fine or 3 months to 2 years imprisonment, or both, for falsifying documents to facilitate kidnapping or trafficking. (Section 17d)

Other Provisions:
- Advocacy and information dissemination campaigns shall be conducted. (Section 18)
- Regular data collection on foundlings shall be conducted. (Section 19)
- The Act shall have retroactive effect insofar as it does not impair vested rights. (Section 20)
- Implementing rules and regulations shall be formulated within 90 days. (Section 21)
- Foundlings who reached majority without adoption shall comply with requirements within 10 years. (Section 22)
- Existing laws on adoption and child welfare shall have suppletory application. (Section 25)