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.
According to Philippines News Agency, the SC's Third Division upheld the dismissal of an adoption suit after it was found that there had been no compliance with the mandatory DSWD certification requirement. The case involved a newborn left under the care of Eleazar Robiso and his parents by the birth mother shortly after delivery.
A year later, Robiso sought to adopt the child by filing a petition before a lower court. This was supported by an affidavit of consent from the mother, who cited financial inability to support the child and formally relinquished parental authority. However, the Regional Trial Court (RTC) dismissed the petition, ruling that the child was voluntarily surrendered and thus required a DSWD certification under Republic Act (RA) 9523. This act mandates the certification to declare a 'Child Legally Available for Adoption' as a prerequisite for adoption proceedings.
Robiso appealed, arguing that the certification requirement applied only to abandoned, neglected, or formally committed children, not to those voluntarily left in another's care. The SC refuted this argument, asserting that surrendered children are within the scope of the DSWD certification requirement.
The SC emphasized that RA 9523 requires a DSWD certification for declaring a child legally available for adoption, with its implementing rules covering surrendered, abandoned, neglected, and dependent children. Although the law does not explicitly define a 'surrendered child,' it acknowledges voluntary commitment, where parents or guardians knowingly relinquish parental authority to another person or a child placement agency.
The Court noted that this includes situations where a child is entrusted to another individual due to challenging personal circumstances. It also clarified that the requirement does not apply in specific cases such as adoption by a biological parent of an illegitimate child, stepparent adoption, or adoption by close relatives within the fourth degree of consanguinity.
Given that the lower court correctly identified the child as voluntarily committed, the SC upheld the dismissal of the petition for lack of the required certification. The Court stated that the petitioner may pursue formal adoption through available legal remedies, including the process under RA 11642 or the Domestic Administrative Adoption and Alternative Child Care Act.
