LAW PROMOTING GREATER PROTECTION FOR ABANDONED CHILDREN SIGNED

PRESIDENT Rodrigo Duterte signed into a law a measure promoting the rights and providing greater protection to abandoned children with unknown parents.

Under Republic Act 11767, signed by Duterte on May 6, 2022, a child abandoned in the country and/or in Philippine embassies, consulates and territories abroad is presumed a natural-born Filipino citizen regardless of the status or circumstances of birth.

As a natural-born Filipino, he or she is entitled to rights and protections equivalent to those belonging to such a class of citizens whose citizenship does not need perfection or any further act.

“The presumption of natural-born status of a foundling may not be impugned in any proceeding unless substantial proof of foreign parentage is shown,” the law reads.

“The natural-born status of a foundling shall not also be affected by the fact that the birth certificate was simulated, of that there was absence of a legal adoption process, or that there was inaction of delay in reporting, documenting or registering a foundling,” it added.

The National Authority for Child Care (NACC), Local Social Welfare and Development Office and any accredited child-caring or child-placing agency are in charge of ensuring that the child care options are provided to the child.

Within 15 days after receiving the finder’s affidavit or after the foundling is committed to a child-care, the NACC may tap its regional offices of other concerned agencies for the conduct of a “proactive and diligent search and inquiry into the facts of birth and parentage of the foundling” without compromising the confidentiality of one’s identity.

If the search fails, the foundling will be registered in the regional office and a certificate of live birth will be applied for the child.

“The concerned government agencies shall streamline the registration process for a foundling, regardless of age and circumstances, in order to expedite the issuance of a Certificate of Live Birth and without placing any unnecessary burden on the foundling,” it stated.

“That in the certificate of live birth and succeeding public documents, the foundling shall not be referred as such, or in any other discriminatory manner,” it added.

The natural-born status of a foundling shall not also be affected by the fact that the birth certificate was simulated, of that there was absence of a legal adoption process, or that there was inaction of delay in reporting, documenting or registering a foundling.

REPUBLIC ACT 11767

Retaining citizenship

If the parents of the foundling were established but the foundling cannot acquire the citizenship of the parents, which may result in statelessness, the foundling shall retain Philippine citizenship until he or she may be able to benefit from the citizenship of the parents.

The law states that a foundling will be declared legally available for adoption, in accordance with existing laws, rules and regulations and taking into consideration the best interest of the child if his or her biological parents cannot be identified or traced.

Once the adoption has been finalized, the foundling is entitled to the rights provided by the law to a legitimate child.

Penalties

The law also mandates a penalty of imprisonment of not less than six months to those who will falsify the registration of supposed foundling as well as agencies who will refuse, delay or obstruct the conduct of search and inquiry of the parents.

A fine ranging from P500,000 to P1 million will be imposed on safe haven providers who fail to report within 48 hours that an infant was relinquished within its premises.

A person who will falsify or will be involved in falsification of the registration of the supposed foundling for the purpose of kidnapping or trafficking will be penalized with a fine ranging from P1 million to P5 million and/or imprisonment of not less than three months but not more than two years.

“A public officer found to have been involved in such an act of falsification shall be punished by the penalty next higher in degree and shall be perpetually disqualified from the office,” the law reads.