Article by:
Benjamin Pulta
MANILA – The Supreme Court (SC) has ruled that the Department of Social Welfare and Development’s (DSWD) certification, declaring a child legally available for adoption, is an indispensable requirement even in cases where the child is voluntarily surrendered by the biological parent.
In a news release on Wednesday, the SC said its Third Division upheld the dismissal of an adoption suit following finding that there had been no compliance with the mandatory DSWD certification requirement after the mother, shortly after giving birth, left her newborn under the care of Eleazar Robiso and his parents.
A year later, Robiso filed a petition for adoption before a lower court, supported by an affidavit of consent executed by the mother, who cited financial inability to support the child and formally relinquished parental authority.
The Regional Trial Court (RTC) dismissed the petition by ruling that the child was considered voluntarily surrendered and therefore required a DSWD certification under Republic Act (RA) 9523, an act requiring the certification of the DSWD to declare a “Child Legally Available for Adoption” as a prerequisite for adoption proceedings.
On appeal, Robiso argued that the certification requirement applied only to abandoned, neglected, or formally committed children, and not to those voluntarily left in the care of another individual.
The SC rejected this position by holding that surrendered children fall within the scope of the DSWD certification requirement.
The high tribunal said RA 9523 requires a DSWD certification declaring a child legally available for adoption and its implementing rules expressly include surrendered, abandoned, neglected, and dependent children.
Although the law does not explicitly define a “surrendered child,” it recognizes the concept of voluntary commitment, where parents or guardians knowingly relinquish parental authority to another person or to a child placement agency.
The Court said this includes situations where a child is entrusted to another individual due to difficult personal circumstances.
The SC also clarified that the requirement does not apply in specific situations such as adoption by a biological parent of an illegitimate child, stepparent adoption, or adoption by close relatives within the fourth degree of consanguinity.
Since the lower court correctly found the child to be voluntarily committed, the SC upheld the dismissal of the petition for lack of the required certification.
The Court said the petitioner may formally adopt through available legal remedies, including the process under RA 11642 or the Domestic Administrative Adoption and Alternative Child Care Act. (PNA)
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