Foster care, under the Foster Care Act (RA 10165), is a planned, temporary arrangement in which a child in need of care is placed with a licensed foster family that provides for the child's needs while a more permanent solution — such as reunification with the biological family or adoption — is being worked out. It is different from adoption: a foster parent does not become the child's legal parent and the arrangement is temporary and supervised, governed by a foster care agreement and a foster family care license issued through the social welfare system. Foster parents may receive support and, in some cases, incentives, and a foster parent may later be given preference if the child becomes available for adoption.
Not every child in need can be immediately adopted — but they still need a loving, stable home now. That is what foster care provides.
What Foster Care Is
Under the Foster Care Act (RA 10165), foster care is a planned, temporary placement of a child in need of care with a licensed foster family. The foster family provides for the child's physical, emotional, and developmental needs while a more permanent arrangement is being pursued.
Foster Care vs. Adoption
The key differences:
- Temporary vs. permanent — foster care is temporary and supervised; adoption is permanent;
- Legal parenthood — a foster parent does not become the child's legal parent, whereas an adoptive parent does; and
- Goal — foster care aims at reunification with the biological family or, if that is not possible, eventual adoption or independent living.
Who Can Be a Foster Parent
A foster parent must generally:
- Be of legal age and at least a certain number of years older than the child;
- Have the capacity to provide for the child and a genuine concern for their welfare;
- Be of good moral character and physically/mentally fit; and
- Undergo assessment and obtain a Foster Family Care License.
Both Filipinos and, under conditions, qualified foreigners residing in the country may foster.
The Foster Care Agreement
The placement is governed by a foster care agreement that sets out the responsibilities of the foster parents and the terms of care, under the supervision of the social welfare system. Foster parents may receive support for the child's needs, and the law provides certain incentives in recognition of their service.
What Happens Next
Foster care can lead to different outcomes:
- Reunification with the biological family, if circumstances improve;
- Adoption, if the child becomes legally available — and a foster parent may be given preference to adopt the child in their care; or
- Transition to independent living as the child grows.
Practical Takeaways
- Foster care is a temporary, supervised home for a child in need, under RA 10165;
- It is not adoption — the foster parent does not become the legal parent, and the goal is a permanent solution;
- Foster parents need a license, may receive support, and may get preference to adopt if the child becomes available.
Frequently Asked Questions
What is foster care? Under RA 10165, it is a planned, temporary placement of a child in need of care with a licensed foster family, which provides for the child's needs while a more permanent arrangement is worked out.
How is foster care different from adoption? Foster care is temporary and supervised, and the foster parent does not become the child's legal parent. Adoption is permanent and makes the adopter the legal parent. Foster care aims at reunification or eventual adoption.
Who can be a foster parent? A person of legal age, older than the child by a required margin, with the capacity to provide for the child, of good moral character, and physically and mentally fit, who obtains a Foster Family Care License.
Can a foster parent adopt the child? Yes. If the child becomes legally available for adoption, a foster parent may be given preference to adopt the child in their care.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.