ARTICLE II
PRE-ADOPTION SERVICES
Section 4. Counseling Service. – The Department shall provide the services of licensed social
workers to the following:
(a) Biological Parent(s) – Counseling shall be provided to the parent(s) before and after
the birth of his/her child. No binding commitment to an adoption plan shall be permitted
before the birth of his/her child. A period of six (6) months shall be allowed for the
biological parent(s) to reconsider any decision to relinquish his/her child for adoption
before the decision becomes irrevocable. Counseling and rehabilitation services shall
also be offered to the biological parent(s) after he/she has relinquished his/her child for
adoption.
Steps shall be taken by the Department to ensure that no hurried decisions are made
and all alternatives for the child's future and the implications of each alternative have
been provided.
(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora and seminars,
among others, shall be provided to prospective adoptive parent(s) to resolve possible
adoption issues and to prepare him/her for effective parenting.
(c) Prospective Adoptee – Counseling sessions shall be provided to ensure that he/she
understands the nature and effects of adoption and is able to express his/her views on
adoption in accordance with his/her age and level of maturity.
Section 5. Location of Unknown Parent(s). – It shall be the duty of the Department or the childplacing or child-caring agency which has custody of the child to exert all efforts to locate his/her
unknown biological parent(s). If such efforts fail, the child shall be registered as a foundling and
subsequently be the subject of legal proceedings where he/she shall be declared abandoned.
Section 6. Support Services. – The Department shall develop a pre-adoption program which shall
include, among others, the above mentioned services.
ARTICLE III
ELIGIBILITY
Section 7. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of
good moral character, has not been convicted of any crime involving moral turpitude,
emotionally and psychologically capable of caring for children, at least sixteen (16)
years older than the adoptee, and who is in a position to support and care for his/her
children in keeping with the means of the family. The requirement of sixteen (16) year
difference between the age of the adopter and adoptee may be waived when the
adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the Republic of
the Philippines, that he/she has been living in the Philippines for at least three (3)
continuous years prior to the filing of the application for adoption and maintains such