Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight.
REPUBLIC ACT No. 9523
March 12, 2009
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN
PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC
ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTERCOUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN
AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Declaration of Policy. – It is hereby declared the policy of the State that alternative
protection and assistance shall be afforded to every child who is abandoned, surrendered, or
neglected. In this regard, the State shall extend such assistance in the most expeditious manner in the
interest of full emotional and social development of the abandoned, surrendered, or neglected child.
It is hereby recognized that administrative processes under the jurisdiction of the Department of Social
Welfare and Development for the declaration of a child legally available for adoption of abandoned,
surrendered, or neglected children are the most expeditious proceedings for the best interest and
welfare of the child.
Section. 2. Definition of Terms. – As used in this Act, the following terms shall mean:
(1) Department of Social Welfare and Development (DSWD) is the agency charged to
implement the provisions of this Act and shall have the sole authority to issue the
certification declaring a child legally available for adoption.
(2) Child refers to a person below eighteen (18) years of age or a person over eighteen
(18) years of age but is unable to fully take care of him/herself or protect himself/herself
from abuse, neglect, cruelty, exploitation, or discrimination because of physical or
mental disability or condition.
(3) Abandoned Child refers to a child who has no proper parental care or guardianship,
or whose parent(s) have deserted him/her for a period of at least three (3) continuous
months, which includes a founding.
(4) Neglected Child refers to a child whose basic needs have been deliberately
unattended or inadequately attended within a period of three (3) continuous months.
Neglect may occur in two (2) ways: