MANILA, Philippines — The Supreme Court has clarified that children who have been surrendered to individuals with whom they have no existing family ties cannot be legally adopted without first securing a certification from the Department of Social Welfare and Development (DSWD) declaring the child legally available for adoption.
In a ruling released this week, the high court emphasized the importance of the Certification Declaring a Child Legally Available for Adoption (CDCLAA), a document issued by the DSWD under existing adoption laws and protocols. This certificate is a key requirement that ensures that the child’s legal status has been properly established before any adoption proceedings can legally take place.
Under Philippine adoption law, the DSWD must first determine that a surrendered child is legally free for adoption. This involves administrative processes that assess whether parental rights have been properly relinquished and that no legal impediment exists to the child becoming available for adoption. Without the CDCLAA, courts will not approve adoption petitions involving surrendered children.
Sources familiar with the DSWD’s adoption procedures note that the process for obtaining the CDCLAA can include filing a petition, a social case study report, posting requirements, and supporting documentation to confirm the child’s circumstances and status under the law.
The Supreme Court’s clarification aims to prevent unlawful adoptions and ensure that the rights and welfare of children are protected in accordance with existing adoption regulations.