Introduction

In the Philippines, a foundling is defined as a deserted or abandoned infant or child whose parents, guardian, or relatives are unknown and cannot be ascertained, or a child committed to an orphanage or similar institution without any known parentage. The adoption of foundlings is a critical mechanism to provide these children with permanent families, ensuring their rights to identity, care, and protection under Philippine law. This process is governed by a combination of statutes, administrative rules, and judicial procedures aimed at safeguarding the child's best interests while upholding the rights of prospective adoptive parents.

The adoption of foundlings differs from regular domestic adoptions due to the absence of known biological parents, which necessitates specific declarations and certifications. This article comprehensively outlines the legal framework, step-by-step process, requirements for prospective adopters, registration procedures, and related considerations, all within the Philippine context.

Legal Framework Governing the Adoption of Foundlings

The primary laws and regulations include:

Republic Act No. 8552 (Domestic Adoption Act of 1998): This establishes the rules for domestic adoption, emphasizing the child's welfare. It allows Filipino citizens and qualified aliens to adopt, with provisions for foundlings as children legally available for adoption.
Republic Act No. 9523 (2009): This act requires the Department of Social Welfare and Development (DSWD) to issue a certification declaring a child legally available for adoption (CDCLAA). For foundlings, this certification is crucial as it replaces the need for parental consent or termination of parental rights.
Republic Act No. 8043 (Inter-Country Adoption Act of 1995): Relevant if the adoption involves foreign nationals, but domestic adoption is prioritized for foundlings.
Administrative Order No. 12, Series of 2012 (DSWD): Provides guidelines for declaring foundlings and abandoned children legally available for adoption.
Family Code of the Philippines (Executive Order No. 209): Articles 183-193 outline adoption qualifications and effects, including the rescission of adoption in rare cases.
Child and Youth Welfare Code (Presidential Decree No. 603): Protects abandoned children and mandates reporting to authorities.
Republic Act No. 10165 (Foster Care Act of 2012): May apply temporarily if adoption is delayed, allowing foster care for foundlings.
Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act of 2022): Streamlines administrative adoption processes, reducing judicial involvement for certain cases, including foundlings, by allowing the National Authority for Child Care (NACC) to handle declarations and matching.

Under RA 11642, the NACC, a attached agency to the DSWD, has taken over many functions previously handled by courts and the DSWD, making the process more administrative and less court-dependent for straightforward cases.

Additionally, international conventions like the United Nations Convention on the Rights of the Child (UNCRC), ratified by the Philippines, influence policies by prioritizing the child's best interests.

Reporting and Initial Care of a Foundling

The process begins when a foundling is discovered:

Immediate Reporting: Any person finding an abandoned child must report to the nearest barangay official, police station, hospital, or DSWD office within 24 hours. Failure to report can result in penalties under PD 603.
Temporary Custody: The child is placed under the temporary custody of the DSWD or a licensed child-caring institution. Medical examination and care are provided, including age estimation if unknown.
Publication and Search for Relatives: The DSWD or local social welfare office publishes the child's details (e.g., approximate age, description) in a newspaper of general circulation and on radio/TV for at least three consecutive weeks. This aims to locate any relatives. If no one claims the child within three months, the child is considered a foundling.

Declaration as Legally Available for Adoption

Before adoption can proceed, the child must be declared legally available:

Petition for Certification: The head of the institution or the finder files a petition with the DSWD Regional Office or NACC for a CDCLAA under RA 9523.
Requirements for Petition:
- Foundling certificate from the barangay or police.
- Affidavit of the finder detailing circumstances.
- Medical report.
- Photographs of the child.
- Proof of publication and broadcasting efforts.
DSWD/NACC Investigation: A social worker conducts a case study, verifying abandonment and absence of relatives. If satisfied, the DSWD Secretary or NACC Executive Director issues the CDCLAA within three months.
Administrative vs. Judicial Declaration: Under RA 11642, most foundling declarations are administrative through the NACC. Judicial declaration via family court is required only if there are complications, such as disputed claims.

Once issued, the CDCLAA is irrevocable unless fraud is proven, and it serves as the basis for adoption proceedings.

Qualifications and Requirements for Prospective Adoptive Parents

To adopt a foundling, prospective parents must meet stringent criteria to ensure the child's welfare:

Eligibility:
- Must be a Filipino citizen of legal age, in full possession of civil capacity, and of good moral character.
- At least 16 years older than the adoptee (waivable if the adopter is a biological parent or spouse of the parent).
- Emotionally and psychologically capable of caring for children.
- Not convicted of crimes involving moral turpitude.
- For married couples, both must jointly adopt; single persons may adopt if qualified.
- Aliens may adopt if they meet additional requirements under RA 8552, such as residency in the Philippines for three years.
Pre-Adoption Requirements:
- Attend pre-adoption seminars conducted by DSWD-accredited agencies.
- Undergo home study by a licensed social worker to assess suitability.
- Submit documents: Birth certificates, marriage certificate (if applicable), income tax returns, police clearances, medical certificates, character references, and NBI clearance.
Matching Process: The NACC's Regional Alternative Child Care Office (RACCO) matches the child with suitable adopters from a registry. Priority is given to Filipino adopters.

The Adoption Process

The adoption of a foundling can be administrative or judicial:

Administrative Adoption (Under RA 11642):
- Applicable for foundlings without known parents.
- Petition filed with the NACC Regional Office.
- Includes social case study report, CDCLAA, and child study report.
- NACC reviews and issues an Affidavit of Consent to Adoption.
- Pre-adoption placement for six months (trial custody) supervised by a social worker.
- If successful, NACC issues the Adoption Decree administratively, bypassing courts.
Judicial Adoption (If Required):
- Petition filed in the Family Court of the adopter's residence.
- Includes publication of the petition in a newspaper once a week for three weeks.
- Court hearing to confirm consent and best interests.
- Issuance of Adoption Decree if approved.
Trial Custody: Mandatory six-month period to assess compatibility. Social worker monitors via home visits. Can be shortened or extended.
Post-Trial Evaluation: If positive, proceed to final decree; if not, child returns to institution.

Registration Requirements

Registration ensures the adoption's legal recognition and updates civil records:

Issuance of Adoption Decree: Whether administrative or judicial, this document finalizes the adoption.
Amendment of Birth Certificate:
- The Local Civil Registrar (LCR) where the child was found or registered amends the birth certificate.
- Original certificate is annotated as "adopted," and a new one is issued with adopters' names as parents.
- For foundlings without original registration, a late registration of birth is done first under RA 3753 (Civil Registry Law), using the foundling certificate.
Requirements for Registration:
- Certified copy of Adoption Decree.
- Original foundling certificate or birth record.
- Affidavits from witnesses (if needed).
- Payment of fees to the Philippine Statistics Authority (PSA).
PSA Annotation: The LCR forwards documents to PSA for national registration. The adopted child receives a new Certificate of Live Birth (COLB) reflecting the adoption.
Other Registrations:
- Update PhilHealth, SSS, and school records.
- If the child is over 18 at adoption, additional consents apply.

Effects of Adoption

Upon finalization:

The adoptee is treated as a legitimate child, with rights to inheritance, support, and surname.
Parental authority transfers to adopters.
All ties with biological family (if any were to emerge) are severed, except for prohibitions on marriage.

Challenges and Considerations

Delays: Bureaucratic processes can take 1-3 years; RA 11642 aims to reduce this to 6-9 months.
Costs: Fees for seminars, home studies (P10,000-P20,000), legal fees (if judicial), and registration (P500-P5,000).
Inter-Country Adoption: If no local match within one year, foundlings may be cleared for inter-country adoption via the Inter-Country Adoption Board (ICAB).
Rescission: Possible within five years if the adoptee commits acts against the family, but rare and court-approved.
Special Cases: For foundlings with disabilities, additional support from DSWD is available.
Rights of the Child: Throughout, the principle of "best interests of the child" prevails, with access to counseling and records upon maturity.
Recent Developments: As of 2026, NACC has digitized parts of the process, allowing online submissions to expedite declarations.

Adopting a foundling in the Philippines is a profound commitment that requires patience, preparation, and adherence to legal protocols to ensure a stable future for the child.