Cabral to sign IRR to hasten adoption of abandoned children

MANILA, Philippines - Social Welfare Secretary Esperanza Cabral will sign tomorrow the implementing rules and regulations (IRR) of a law that hastens the adoption process of abandoned or neglected children, including infants.

The IRR will allow the government to fully implement Republic Act 9523 or “An Act Requiring the Certification of the DSWD to declare a Child ‘Legally Available for Adoption’ as a prerequisite for adoption proceedings.”

“With the IRR already signed, we can expect the earlier placement of abandoned and neglected children,” Cabral said.  

The time period before a child is considered abandoned has been reduced to a maximum of three months from the original minimum of six months, while the period for the child to be declared legally available for adoption will be limited to less than two months from up to three years in court proceedings.

RA 9523 effectively made the declaration of abandonment of a child “administrative in nature” as it now requires a certification signed by the DSWD Secretary in lieu of a judicial order.

“(The) 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,” the IRR read.

Cabral said the IRR was crafted after a series of workshops and national consultation with social workers from various fields as well as child-caring and child-placing agencies, civil registry representatives and lawyers handling adoption cases.

President Arroyo signed RA 9523 last March 12.

RA 9523 amends certain provisions of three earlier adoption-related laws, namely: Republic Act 8552, the Domestic Adoption Act of 1998; RA 8043, the Inter-Country Adoption Act of 1995; and Presidential Decree 603, the Child and Youth Welfare Code.

Under the IRR, the petition declaring a child legally available for adoption can be filed by the head of the agency or institution managed by the national government or local government unit; head or executive director of a licensed or accredited child-caring or child placing agency; and a provincial, city or municipal social welfare and development officer.