Section 6. Appeal. – The decision of the Secretary shall be appealable to the Court of Appeals within
five (5) days from receipt of the decision by the petitioner, otherwise the same shall be final and
executory.
Section 7. Declaration of Availability for Adoption of Involuntarily Committed Child and
Voluntarily Committed Child. – The certificate declaring a child legally available for adoption in case
of an involuntarily committed child under Article 141, paragraph 4(a) and Article 142 of Presidential
Decree No. 603 shall be issued by the DSWD within three (3) months following such involuntary
commitment.
In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. 603, the
certification declaring the child legally available for adoption shall be issued by the Secretary within
three (3) months following the filing of the Deed of Voluntary Commitment, as signed by the parent(s)
with the DSWD.
Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily committed a child
may recover legal custody and parental authority over him/her from the agency or institution to which
such child was voluntarily committed when it is shown to the satisfaction of the DSWD that the
parent(s) or legal guardian is in a position to adequately provide for the needs of the child: Provided,
That, the petition for restoration is filed within (3) months after the signing of the Deed of Voluntary
Commitment.
Section 8. Certification. – The certification that a child is legally available for adoption shall be issued
by the DSWD in lieu of a judicial order, thus making the entire process administrative in nature.
The certification, shall be, for all intents and purposes, the primary evidence that the child is legally
available in a domestic adoption proceeding, as provided in Republic Act No. 8552 and in an intercountry adoption proceeding, as provided in Republic Act No. 8043.
Section. 9. Implementing Rules and Regulations. – The DSWD, together with the Council for
Welfare of Children, Inter-Country Adoption Board, two (2) representatives from licensed or accredited
child-placing and child-caring agencies or institution, National Statistics Office and Office of the Civil
Registrar, is hereby tasked to draft the implementing rules and regulations of this Act within sixty (60)
days following its complete publication.
Upon effectivity of this Act and pending the completion of the drafting of the implementing rules and
regulations, petitions for the issuance of a certification declaring a child legally available for adoption
may be filled with the regional office of the DSWD where the child was found or abandoned.
Section 10. Penalty. – The penalty of One hundred thousand pesos (P100,000.00) to Two hundred
thousand pesos (P200,000.00) shall be imposed 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. 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 its officers and employees.
Violation of any provision of this Act shall subject the government official or employee concerned to
appropriate administrative, civil and/or criminal sanctions, including suspension and/or dismissal from
the government service and forfeiture of benefits.
Section 11. Repealing Clause. – Sections 2(c)(iii), 3(b), (e) and 8(a) of Republic Act No. 8552,
Section 3(f) of Republic Act No. 8043, Chapter 1 of Title VII, and VIII of Presidential Decree No. 603
and any law, presidential decree, executive order, letter of instruction, administrative order, rule, or