The continuing foundling dilemma

IN one of my previous columns, I explained the plight of foundlings or persons with no known parents, what initiatives the government has taken to address their concerns when it comes to officially registering their identities, and their newfound dilemmas.

A foundling is a person, most of the time a child or infant, that has been abandoned by its parents and is discovered and cared for by others. Most of the time, they are abandoned and left in a place where they are later discovered by strangers. The most popular case today is that of Sen. Grace Poe, who was found on the steps of the Jaro Metropolitan Cathedral in Iloilo City and, by divine providence, was later adopted by the “King of Philippine Cinema,” Fernando Poe Jr.

During my term at the Anti-Red Tape Authority (ARTA), the issue of red tape surrounding the registration process for foundlings came to my attention through the help of Maria Isabel Tica, whose ministry with her husband, Pastor James Lee Tica, is helping orphans, many of them being foundlings, get a new lease in life.

We learned that there were no clear guidelines for obtaining a Certificate of Foundling, particularly for adult foundlings. Adult foundlings are not covered by Republic Act 9523, which requires the Department of Social Welfare and Development (DSWD) to declare a child “legally available for adoption” and issue child profiles. For adult foundlings, they must be recorded in the barangay or police blotter for certification purposes, an almost impossible requirement as there is no way to be sure that the barangay or police officials who recorded the identity of the foundling would be the same ones deployed in their offices when the foundling becomes an adult.

We then initiated a series of meetings with the DSWD and the Philippine Statistics Authority (PSA), which resulted in the crafting of a new memorandum circular by the PSA, which truly eased the process of registering foundlings. Memorandum Circular 2021-24, or the Guidelines in the Registration of the Certificate of Live Birth of Persons with No Known Parent/s, renamed the Certificate of Foundling into the less discriminatory Certificate of Live Birth for Persons with No Known Parent/s. It also scrapped the requirements of the affidavit of the finder stating the facts and circumstances surrounding the child and the certification of the barangay captain or police authority regarding the report made by the finder. Instead, those securing the said certificate will only be required to submit four copies of the correctly and completely accomplished Certificate of Live Birth, the original or certified true copy of the social case study report, and the certificate declaring a child legally available for adoption (CDCLAA) in case the person with no known parents is subject for adoption.

In 2022, Republic Act 11767, or the Foundling Recognition and Protection Act, and its implementing rules and regulations (IRR) were also passed and signed. This new law, which aims to accord foundlings with ample rights and protection, was championed by none other than Senator Poe.

I am partially pleased because the government has moved to defend the rights of foundlings and would like to commend all the involved government agencies. However, there is still so much to do to raise awareness and improve the implementation of this new law and other reforms.

Recently, it was brought to my attention that foundlings are having difficulty entering the PSA Complex because proper identification documents — such as birth certificates or government IDs — are needed before they are allowed in. Another problem they experience is when they apply for a Negative Certificate of Birth, which is often needed in processing these documentary requirements — they are asked for their mother’s name. Due to the nature of their status, this would be impossible to answer. However, when they list their mother’s name as “unknown,” their application is often denied.

One solution that the PSA and National Authority for Child Care (NACC) can initiate is to call for a dialogue with all the government agencies and offices concerned. This will allow them to clarify any misconceptions about the law and harmonize all existing regulations to streamline implementation.

We are also calling on the PSA to issue a memorandum to all local civil registrars, advising them to issue a Certificate of Live Birth of Persons with No Known Parents in lieu of the Certificate of Foundling that was previously issued. This would eliminate confusion on the certificates to be recognized by government offices since the new law is also retroactive. The words used in the Certificate of Live Birth of Persons with No Known Parents are also less discriminatory than those in the original certificate.

We hope that we as a people, especially those in government bureaucracy, will no longer add to the burden and difficulties these foundlings have encountered.

May this new law and implementation help the foundlings finally find their voice and identity.