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)
i am an american man, i will marry my fiancee in a couple of months in the philippines , she has a illegimate son 3yrs old how can i adopt him , and how long of a period in time will it be, where do we start after we are married. thank you larry
i am joel medrano of legal age and i have a brother inlaw(an american),they are married already here in the Phil. my sister has a legitimate son 6 years of age.My brother inlaw wishes to adopt my sister’s son.I Don’t have any idea on how to start processing the said documents.Please give me an idea on how by sending your response to my e-mail address. thank you.
we have same inquiry of joel medrano but this time..I am jeanalyn legal age with 1 adopted child. and married already with a japanese guy 4 years ago.my question is. my husband wishes to adopt my adopted son. I dont have any idea on how to start processing the said documents. please give me an idea on how by sending your response to my e-mail address. Thank you
Hi im marlon reyes of legal age married with 10 years. but until now my wife seek for a child. can you send me thru my email on how to adopt a child and what are the requirements needed in adopting a child. Thank you and more power
I’am married with no kids for 13 years. The daughter of my deceased brother (died on Oct.24, 2005) has been abandoned by her mother since she was 3 months old. My niece is now under me and my husband’s loving care for over four years. Can we already adopt my niece legally? What are the legal requirementsand when do we file the petition for adoption?
Thanks\ you.
Gie
I’am married with no kids for 13 years. The daughter of my deceased brother (died on Oct.24, 2005) has been abandoned by her mother since she was 3 months old. My niece is now under me and my husband’s loving care for over four years. Can we already adopt my niece legally? What are the legal requirements and when do we file the petition for adoption?
Thanks\ you.
Gie
HI MY HUSBAND SISTER HAS PASSED AWAY FEW WEEK AGO SHE HAS LEFT 4 KIDS BEHIND THE HUSBAND LEFT THE KIDS
CAN WE ADOPTION THESE 4 KIDS BUT THE KIDS R ABROD BUT
WE LIVE IN UK THE KIDS HAVE NO FAMILY THERE
SO CAN U PLEASE HELP US
PLEASE EMAIL ME URGENT
My husband and I want to adopt my niece. Her parents are physically separated and she has been left under my mothers’ care for a couple of years now because my sister can’t provide for her anymore. Please tell me how we can start with the adoption. Thanks.
nov.11,2009 4:45 my husband and i wants to adopt
Shalom,
My Name is Jeaneth married with US Citizen we are currently living
here in U.S. my question is,is there anyway that i can adopt my 2
nieces they’re both Mom was died,what you guys can advice me to do?
how about the requirements?I really appriciate if you could help me
regarding this matter..thanks God bless..
J.A
Hi! We want to adopt our grandson legally. Is this possible? Our grandson has a learning disability and is the son of our unwed single-mom daughter. He’s now in our loving care since birth. He is carrying our surname, the surname of my daughter and not of his father because my grandson was not acknowledged by his biological father. If it’s possible, what’s the procedure? Thanks and hope to hear from you soon.
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