(v) Ensure that sufficient capacity exists within government and private sector agencies
to handle adoption inquiries, process domestic adoption applications, and offer
adoption-related services including, but not limited to, parent preparation and postadoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child's identity and culture in
his/her native land, and only when this is not available shall intercountry adoption be
considered as a last resort.
Section 3. Definition of Terms. – For purposes of this Act, the following terms shall be defined as:
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption" refers to a child who has been voluntarily or
involuntarily committed to the Department or to a duly licensed and accredited childplacing or child-caring agency, freed of the parental authority of his/her biological
parent(s) or guardian or adopter(s) in case of rescission of adoption.
(c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly
relinquishes parental authority to the Department.
(d) "Involuntarily committed child" is one whose parent(s), known or unknown, has been
permanently and judicially deprived of parental authority due to abandonment;
substantial, continuous, or repeated neglect; abuse; or incompetence to discharge
parental responsibilities.
(e) "Abandoned child" refers to one who has no proper parental care or guardianship or
whose parent(s) has deserted him/her for a period of at least six (6) continuous months
and has been judicially declared as such.
(f) "Supervised trial custody" is a period of time within which a social worker oversees
the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing
their filial relationship.
(g) "Department" refers to the Department of Social Welfare and Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the Department
to provide comprehensive child welfare services including, but not limited to, receiving
applications for adoption, evaluating the prospective adoptive parents, and preparing
the adoption home study.
(i) "Child-caring agency" is a duly licensed and accredited agency by the Department
that provides twenty four (24)-hour residential care services for abandoned, orphaned,
neglected, or voluntarily committed children.
(j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth
records that a certain child was born to a person who is not his/her biological mother,
causing such child to lose his/her true identity and status.