IMPORTANT PROVISIONS OF PD 603

PD 603 – THE CHILD AND YOUTH WELFARE CODE

1) approved on 10 December 1974
2) effectivity date is 10 June 1975 (six months after approval)
3) shall apply to persons under eighteen (18) years of age.

PARENTAL AUTHORITY (PATRIA POTESTAS)

1) the sum total of the rights of the parents over the person and property of their
child
2) the exercise of which has no distinction between a legitimate and an
illegitimate child.
3) the father and the mother shall exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted
children.
4) in case of the death of either parent, the surviving parent shall exercise sole
parental authority.
5) in case of disagreement, the father’s decision shall prevail unless there is a
judicial order to the contrary

PARENTAL RESPONSIBILITY
 the sum total of the duties and obligations of parents over their minor
children

LIABILITIES OF PARENTS
a. parents and guardians are responsible for the damage or injury caused by the
child under their parental authority.

LEGAL CUSTODY
a. in case of separation of parents, no child under SEVEN (7) YEARS OF AGE
shall be separated from his mother unless the court.
GUARDIANSHIP

a. a trust relationship of the most sacred character, in which one person, called a
guardian, acts for another, called a ward, regarded as incapable of managing
his own affairs

SUBSTITUTE PARENTAL AUTHORITY

 in case of the absence or death of both parents, substitute parental authority
shall be given to the following, in order of priority:
1. grandparents
2. oldest brother or sister at least 21 years of age
3. relative who has actual custody of the child/guardian duly appointed by
the court.
IMPORTANT PROVISIONS OF THE LAWS ON ADOPTION

ADOPTION
 an act by which relations of paternity and
filiations are recognized as legally existing between persons not so related by
nature.
 the taking into one’s family of the child of another, as son or daughter and
heir, and conferring on it a title to the rights and privileges of such

FILIATION
 the acknowledgment of the father of his relationship with the child
 also called paternity.

BIOLOGICAL CHILD
 natural-born child of the parents

ADOPTED CHILD
 a child who underwent the judicial process of adoption

FOUNDLING
 refers to a deserted or abandoned infant or child whose parents, guardian or
relatives are unknown

RA 8552 – DOMESTIC ADOPTION ACT OF 1998

 approved on 25 February 1998

ADOPTER
 the person adopting or petitioning for the adoption of a child

ADOPTEE
 the child or person being petitioned for adoption.

CHILD LEGALLY AVAILABLE FOR ADOPTION

 a child who has been voluntarily or involuntarily committed to the DSWD or to a
 duly licensed and accredited child-placing or child-caring agency, freed of the
parental authority of his or her biological parents or guardians or adopter, in
case of rescission.
 refers to a child in whose favor a certification was issued by the DSWD that he
or she is.
legally available for adoption after the fact of abandonment or neglect has
been proven through the submission of pertinent documents or one who was
voluntarily committed by his or her parents or legal guardian (RA 9523)

CHILD-PLACING AGENCY OR INSTITUTION

 refers to a private non-profit institution or government agency duly
accredited by the DSWD that receives and processes applicants to become
foster or adoptive parents and facilitates the placement of children eligible for
foster care or adoption.

WHO MAY ADOPT:

1) any Filipino citizen of legal age at least sixteen (16) years older than the
adoptee unless the adopter is the biological parent of the adoptee, or is the
spouse of the adoptee’s biological parent.
2) any alien possessing the same qualifications as a Filipino citizen, who has been
living in the Philippines for at least three (3) consecutive years, and whose
country has diplomatic relations with the Philippines.

WHO MAY BE ADOPTED?

1) any person below eighteen (18) years of age declared legally available for
adoption.
2) the legitimate son or daughter of one spouse by the other spouse
3) an illegitimate son or daughter by a qualified adopter to improve his or her status
to that of legitimacy.
4) a person of legal age if prior to the adoption, said person has been consistently
considered and treated by the adopter as his or her own child since minority.
5) a child whose adoption has been previously rescinded
6) a child whose biological or adoptive parents have died, but proceedings
may only be initiated after six (6) months from the time of the death of the
parents.

SUPERVISED TRIAL CUSTODY

 a period of time within which a social worker oversees the adjustment and
emotional readiness of both adopter and adoptee in stabilizing their filial
relationship.
 the period is at least six (6) months.

RESCISSION OF ADOPTION
 the nullification of the adoption
 adoption shall not be subject to rescission by the adopter.
GROUNDS FOR RESCISSION OF ADOPTION
1) repeated physical and verbal maltreatment by the adopter despite having
undergone counseling.
2) attempt on the life of the adoptee.
3) sexual assault or violence
4) abandonment and failure to comply with parental obligations.

RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995

 approved on 7 June 1995

INTER-COUNTRY ADOPTION
 the socio-legal process of adopting a Filipino child by a foreigner or a Filipino
citizen permanently residing abroad where the petition is filed, the supervised
trial custody is undertaken and the decree of adoption is issued outside the
Philippines

INTER-COUNTRY ADOPTION BOARD

 acts as the central authority in matters relating to inter-country adoption.
 shall act as the policy-making body for the purposes of carrying out the
provisions of RA 8043, in consultation and coordination with the DSWD.
 headed by the Secretary of the DSWD as ex officio chairman and six (6)
members to be appointed by the President, with a term of office of six (6) years

WHO MAY ADOPT:

1) any alien or Filipino citizen permanently residing abroad
2) at least twenty-seven (27) years of age
3) at least sixteen (16) years older than the adoptee unless the adopter is the
parent by nature of the adoptee or the spouse of such parent.
4) coming from a country with whom the Philippines has diplomatic relations.
5) possesses all the qualifications provided in other applicable Philippine laws.

WHO MAY BE ADOPTED:

 a Filipino child legally declared available for adoption whose age is below
fifteen (15) years old.

WHERE TO FILE THE APPLICATION

 shall be filed either with:
a) the Philippine Regional Trial Court; or
b) the Inter-Country Adoption Board, through an intermediate agency in
the country of the prospective adoptive parents

SUPERVISED TRIAL CUSTODY

  shall be at least six (6) months.

IMPORTANT PROVISIONS OF RA 9523

RA 9523 – the law giving DSWD the sole authority to issue the certification declaring a
child legally available for adoption.
 amended provisions of RA 8552 and RA 8043
 approved on 12 March 2009