Arroyo Signs Adoption Law That Gives More Teeth to DSWD

President Gloria Macapagal-Arroyo signed into law on Thursday the consolidated bill that will facilitate early placement of abandoned children by giving the Department of Social Welfare and Development (DSWD) the authority to issue a certification declaring the child legally available for adoption as a prerequisite to all adoption proceedings.

Republic Act 9523 or ‘An Act Requiring the Certification of the DSWD to Declare a Child Legally Available for Adoption’ not only provides shorter and simplified adoption procedures but also changes the nature of the proceedings from judicial to administrative.

According to DSWD Secretary Esperanza Cabral, the time period before a child is considered abandoned has been reduced to a maximum of three months from the original minimum of six months while the period for the child to be declared legally available for adoption will be limited to less than two months from almost three years in court proceedings.

The new law also states that the certification issued by DSWD “by itself, shall be the sole basis for the immediate issuance by the local civil registrar of a foundling certificate”, which will be transmitted to the National Statistics Office (NSO).

Among those present during the signing at the Rizal Hall in Malacañang were the authors of the law, Senator Jamby Madrigal and Negros Occidental Representative Jose Carlos Lacson.

Madrigal, chair of the Committee on Youth, Women and Family Relations, described the “landmark law” as a “personal victory” for children’s rights advocates like herself.

“These children live in a bleak, desperate world made more tragic by laws which hinder their chances to find a fresh start in loving homes. As a legislator, I must do everything I could to try to demolish the legal obstacles that prevent orphans and the abandoned to secure what we take for granted,” she said in a statement.

RA 9523 imposes a penalty of P100,000 to P200,000 “on any person, institution, or agency who shall place a child for adoption without the certification that the child is legally available for adoption issued by the DSWD.”

It also provides that “any agency or institution found violating any provision of this Act shall have its license to operate revoked without prejudice to the criminal prosecution of the officers and employees.”

Government officials and employees found violating the Act shall be subject to “appropriate administrative, civil and/or criminal sanctions, including suspension and/or dismissal from the government service and forfeiture of benefits.”

The consolidated bill was passed last December 17, 2008 by both Houses of Congress.

RA 9523 amends three earlier adoption-related laws, namely: RA 8552, the Domestic Adoption Act of 1998; RA 8043, the Inter-Country Adoption Act of 1995; and Presidential Decree (PD) 603, the Child and Youth Welfare Code.(pinoypress.net)