Text of the provision
Sec. 2. Declaration of Policies. –
(a) It is hereby declared the policy of the State to ensure that every child remains under the care and custody of his/her parent
(s) and be provided with love, care, understanding and security towards the full and harmonious development of his/her personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child's extended family is available shall adoption by an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her interest shall be the paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention on the Rights of the Child; UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally; and the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. Toward this end, the State shall provide alternative protection and assistance through foster care or adoption for every child who is neglected, orphaned, or abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent
(s) from making hurried decisions to relinquish his/her parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological parent(s);
(iii) Protect adoptive parent
(s) from attempts to disturb his/her parental authority and custody over his/her adopted child. Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as "legally available for adoption" and his/her custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child;
(iv) Conduct public information and educational campaigns to promote a positive environment for adoption;
(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 post-adoption 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.
Domestic Adoption Act of 1998, Republic Act No. 8552 (1998). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.
What this section means
The State’s first aim is to keep a child with his or her own parents; adoption by an unrelated person is considered only after those efforts fail and no placement within the extended family is available. In every question of care, custody and adoption the child’s interest is paramount, guided by the named international instruments on children’s rights and adoption. The State also commits to shielding birth parents from hurried decisions, protecting adoptive parents’ custody, requiring that any end of parental authority be administratively or judicially declared so the child is “legally available for adoption”, running public information campaigns, building agency capacity, and encouraging domestic adoption so intercountry adoption is only a last resort.
Related provisions
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.