Requirement of the Law on Adoption Cases
OCA Circular No. 10-14, issued on January 20, 2014, addresses requirements for adoption cases in Philippine family courts, emphasizing compliance with relevant laws. It highlights the necessity of including a certification from the Department of Social Welfare and Development (DSWD) declaring a child legally available for adoption and obtaining consent for children under state care. The circular also discourages the filing of adoption petitions under the Domestic Adoption Act by prospective parents residing abroad, urging adherence to the Inter-Country Adoption Act to ensure the well-being of the child. Judges are instructed to strictly follow the mandates of Republic Acts Nos. 9523, 8552, and 8043, among other related laws, in their proceedings.
Quick Answers
- What is Requirement of the Law on Adoption Cases about?
- OCA Circular No. 10-14, issued on January 20, 2014, addresses requirements for adoption cases in Philippine family courts, emphasizing compliance with relevant laws. It highlights the necessity of including a certification from the Department of Social Welfare and Development (DSWD) declaring a child legally available for adoption and obtaining consent for children under state care. The circular also discourages the filing of adoption petitions under the Domestic Adoption Act by prospective parents residing abroad, urging adherence to the Inter-Country Adoption Act to ensure the well-being of the child. Judges are instructed to strictly follow the mandates of Republic Acts Nos. 9523, 8552, and 8043, among other related laws, in their proceedings.
- What type of law is OCA Circular No. 10-14?
- Requirement of the Law on Adoption Cases (OCA Circular No. 10-14) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Requirement of the Law on Adoption Cases enacted?
- Requirement of the Law on Adoption Cases (OCA Circular No. 10-14) was enacted on Jan 20, 2014.
- What is the citation for Requirement of the Law on Adoption Cases?
- Requirement of the Law on Adoption Cases, OCA Circular No. 10-14, Jan 20, 2014 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 10-14
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 20, 2014
OCA CIRCULAR NO. 10-14
| TO | : | All Judges of the Family Courts |
| SUBJECT | : | Requirement of the Law on Adoption Cases |
Secretary Corazon Juliano-Soliman of the Department of Social Welfare and Development brought to the attention of the Court that there are cases wherein the filed Petition for Adoption did not include (a) a certification that the child is legally available for adoption pursuant to Republic Act No. 9523, "An Act Requiring the Certification of the Department of Social Welfare and Development (DSWD) to Declare a 'Child Legally Available for Adoption' as a Prerequisite for Adoption Proceedings, . . ."; and/or (b) a Consent to Adopt issued by the DSWD for children who are considered wards of the State.
Secretary Soliman further reported that there have been cases wherein prospective adoptive parents residing abroad filed the petition for adoption in Philippine courts under Republic Act No. 8552, "An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino Children and for Other Purposes,'' otherwise known as the "Domestic Adoption Act of 1998", instead of filing the petition under Republic Act No. 8043, "An Act Establishing the Rules to Govern Inter-Country Adoption of Filipino Children and for Other Purposes," otherwise known as the "Inter-Country Adoption Act of 1995'' which provides that "(a)n alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child . . ." (Article III, Sec. 9). The practice of filing petitions for adoption under the Domestic Adoption Act is discouraged by the DSWD as there may be unanticipated situations that may prevent the prospective adopted parents from bringing the adopted child to the country where they reside. This would be inimical to the well-being and best interest of the child.
To address the concerns of the DSWD and for the best interest and welfare of all the children to be adopted, as judges of family courts, you are all enjoined to STRICTLY OBSERVE the mandate of Republic Act Nos. 9523, 8552, and 8043, and other related laws and issuances when handling adoption cases before your respective courts.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Cite This Law
Requirement of the Law on Adoption Cases, OCA Circular No. 10-14, Jan 20, 2014 (Philippines)
Requirement of the Law on Adoption Cases, OCA Circular No. 10-14 (Phil. 2014)
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