24/04/2026
⚖ The Legal Corner by CPR | SC: DSWD Certification Required for Surrendered Children in Adoption
The Supreme Court ruled that children must first be certified by the DSWD as legally available for adoption, even if voluntarily surrendered by a parent.
In a decision by Associate Justice Japar B. Dimaampao, the Court upheld the denial of an adoption petition due to the lack of this certification. A mother had entrusted her child to another family, who later sought adoption with her consent, but courts denied it for non-compliance with RA 9523. Under RA 9523, a DSWD certification is mandatory for children who are surrendered, abandoned, neglected, or voluntarily committed.
The SC clarified that voluntarily entrusted children are considered “voluntarily committed,” making DSWD certification mandatory to ensure child protection.
Exceptions apply to adoptions by biological parents, step-parents, or relatives by fourth degree. The Court noted the adopter may still proceed through proper legal channels under RA 11642.
Source:https://sc.judiciary.gov.ph/wp-content/uploads/2026/03/PRESS-RELEASE-SC-DSWD-Certification-Still-Required-for-Adoption-of-Surrendered-Children.pdf
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