Social Work Practice Specific Clienteles (CHILDREN)

CHILDREN LEGALLY AVAILABLE FOR ADOPTION

Adoption is a socio-legal process of providing a permanent family to a child is
legally available for adoption.

TWO TYPES OF ADOPTION IN THE PHILIPPINES:

Agency adoption is the process where a licensed adoption agency matches
adoptive families with children who need placement. The agency facilitates the entire
process, from application to placement and finalization, working with the biological
parents, the child, and the adoptive parents.
Family or relative adoption is when the biological parents make direct placement of
the child to a relative within the 4th degree of consanguinity.

Whose Consent is Necessary to the Adoption?

After being properly counseled and informed of his/her right to give or withhold
his/her approval of the adoption, the written consent of the following to the adoption is
hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the
adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if
living with said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.

The following documents pertaining to the child shall be attached to the

endorsement:
1. Certification Declaring a Child Legally Available for Adoption (CDCLAA) – a
written certification issued by the Department of Social Welfare and Development
(DSWD) that a child is legally available for adoption after the fact of abandonment or
neglect has been proven through the submission of pertinent documents or one who
was voluntarily committed by his/her birthparent/s or legal guardian as a pre-
requisite for adoption proceedings.
2. Child Study and Updated Report
3. Security Paper (SECPA) of the Birth or Foundling Certificate;
4. Notarized Deed of Voluntary Commitment executed after the birth of the child;
5. Certified True Copy of the Death Certificate of child’s birthparent/s, if applicable;
 6. Medical evaluation or history, including that of the child’s biological parents, if
available, and updated medical abstract;
7. Psychological evaluation report, as may be deemed necessary;
8. Child’s own written consent to adoption, if he/she is ten (10) years or older,
witnessed by a social worker of the Child Caring/Placing Agency and after proper
counseling;
9. Most recent whole body size picture of the child. If applicable, any physical
impairment of the child should be visible in the picture.

VIOLATIONS AND PENALTIES:

Section 21. Violations and Penalties. – (a) The penalty of imprisonment ranging from
six (6) years and one (1) day to twelve (12) years and/or a fine not less than fifty
thousand pesos (P50,000.00), but not more than two hundred thousand pesos
(P200,000.00) at the discretion of the court shall be imposed on any person who shall
commit any of the following acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud,
improper material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for
adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under
the name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of
simulation of birth, and shall be punished by prision mayor in its medium period and
a fine not exceeding Fifty thousand pesos (P50,000.00).
"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.

PROGRAMS AND SERVICES

1. Foster Care Programs - Offer temporary homes for children whose families can't
safely care for them, while working towards family reunification or other permanent
solutions.
2. Adoption Agencies - Match children in need of permanent families with approved
adoptive parents, guiding both parties through the legal and emotional process of adoption.
3. Legal Services - Provide legal representation and advice to children, parents, and
agencies involved in child welfare cases, ensuring legal rights are protected and processes
are followed
4. Post-Adoption Services - Offer ongoing support, counseling, and resources to adoptive
families and adoptees after an adoption is finalized, helping them adjust and address any
challenges that arise.
5. Special Needs Adoption Programs - Focus on finding families for children with
physical, emotional, developmental, or behavioral challenges, providing specialized support
and resources for these adoptions.
6. International Adoption Programs - Facilitate the adoption of children from other
countries by parents residing in a different country, navigating the complex legal and
cultural aspects.
7. Family Preservation Services - Provide intensive, short-term support to families in
crisis to help them resolve issues and remain together safely, preventing children from
entering foster care
8. Subsidy and Financial Assistance Programs - Offer financial aid and other benefits
to adoptive families, especially those adopting children with special needs, to help cover the
costs of raising a child.
9. Adoption Exchanges - Act as a "matchmaking" service, connecting children waiting in
foster care with prospective adoptive families through various outreach and information-
sharing methods.

AGENCIES
1. Department of Social Welfare and Development (DSWD)
2. Inter-Country Adoption Board (ICAB)
3. Norfil Foundation
4. Kaisahang Buhay Foundation (KBF)
5. Association for the Rights of Children in Southeast Asia (ARCSEA)
6. Sun and Moon Home for Children
7. Little Children of the Philippines Foundation
8. RSCC (Reception and Study Center for Children)

PERTINENT LAWS
1. Republic Act No. 8552: Domestic Adoption Act of 1998 - An Act Establishing
The Rules And Policies On The Domestic Adoption Of Filipino Children And For
Other Purposes
2. Republic Act No. 9523 - An Act Requiring the Certification of the DSWD to Declare
a ‘Child Legally Available for Adoption’
3. Republic Act No. 8043: Inter-Country Adoption Act of 1995 - An Act Establishing
The Rules To Govern Inter-Country Adoption Of Filipino Children, And For Other
Purposes.
4. Republic Act No. 10165: Foster Care Act of 2012 - An Act To Strengthen And
Propagate Foster Care And To Provide Funds Therefor
5. Presidential Decree No. 603: The Child and Youth Welfare Code
6. Republic Act No. 11222: Simulated Birth Rectification Act - An Act Allowing the
Rectification of Simulated Birth Records and Prescribing Administrative Adoption
Proceedings for the Purpose
7. Republic Act No. 8369: Family Courts Act of 1997 - An Act Establishing Family
Courts, Granting Them Exclusive Original Jurisdiction Over Child And Family
 Cases, Amending Batas Pambansa Bilang 129,As Amended, Otherwise Known As
Act Of 1980, Appropriating Funds Therefor And For Other Purposes.

ADOPTION SOCIAL WORKER

What Is an Adoption Social Worker?
An adoption social worker is a specialized professional responsible for facilitating
the adoption process for both the family that is adopting and the child who is being
adopted. These social workers work with children who are not supported by and are
legally separated from their biological parents, often collaborating with government
organizations and adoption agencies to place orphaned children in adoptive homes.

Essential Skills for Adoption Social Workers

1. Communication Skills - The ability to clearly and effectively convey information, provide
guidance, and facilitate discussions with adoptive families, birth parents, and children. This
includes verbal and non-verbal communication, written reports, and presentations.
2. Empathy and Compassion - The capacity to understand and share the feelings of others,
providing emotional support and validation. Adoption social workers with empathy and
compassion can build trust and rapport with families and children, helping them feel heard and
understood.
3. Listening Skills - The ability to actively listen to and understand the needs, concerns, and
experiences of adoptive families, birth parents, and children. This involves paying attention to
verbal and non-verbal cues, asking clarifying questions, and providing thoughtful responses.
4. Critical Thinking - The skill to analyze complex situations, evaluate information, and make
informed decisions that prioritize the best interests of the child. Critical thinking enables
adoption social workers to assess risks, identify potential challenges, and develop effective
solutions.
5. Social Perceptiveness - The ability to understand the dynamics of human behavior,
relationships, and cultural nuances. Adoption social workers with social perceptiveness can
navigate complex family dynamics, recognize potential issues, and develop culturally sensitive
interventions.
6. Good Judgment - The capacity to make sound decisions, balancing the needs of all parties
involved while prioritizing the child's well-being. Good judgment enables adoption social workers
to weigh competing interests, consider long-term consequences, and make decisions that
support the best interests of the child.