The House of Representatives is now studying several measures to simplify the process of adoption or foster care of orphans, abandoned or neglected children to address the worsening problem of “unadoptable” children.
This, after the House Committee on the Welfare of Children created a technical working group (TWG) to harmonize several measures seeking to consolidate all existing laws on alternative childcare in the country.
The TWG is tasked to draft the substitute bill to House Bills 173, 1163, 3887 and 5090, similarly entitled “Alternative Child Care Code of 2017.”
The measures also seek to address problems on overaged children not fit for adoption due the long and complicated process of domestic and intercountry adoption.
Rep. Vilma Santos-Recto of the Sixth District of Batangas said the TWG is now resolving the issues on adoption process through administrative adjudication; creation of the National Child Care Authority (NCCA) that will process the adoption of children, and regulation of institutional and residential care of children.
For her part, former President and now Pampanga Second District Rep. Gloria Macapagal-Arroyo, one of the authors of the bill, said when the law on adoption was enacted in 1995, stricter rules were imposed to protect children from being victims of human trafficking and other crimes.
“The government has to step up its drive to solve the worsening problem of unadoptable children and overage children not fit for adoption. [My proposal] seeks to address this problem,” Arroyo said.
The various pending measures seek to create a “one-stop-shop” code to facilitate the process to the best interest of every child available for adoption and/or foster care.
The proposals also seek to establish the NCCA, which is mandated to facilitate the adoption process. It shall be the sole authority to accept, evaluate and decide all applications for local and intercountry adoption.
The proposed NCCA is, likewise, tasked to formulate and develop policies on adoption, foster care, guardianship leading to adoption and other alternative child-care policies, programs and services that will protect the Filipino child from abuse, exploitation, trafficking and adoption practice which are harmful, detrimental and prejudicial to the best interest of the child.
Under the measures, penalties for violation of the proposed law include imprisonment ranging from six years and one day to 12 years and/or a fine of P50,000 to P200,000, at the discretion of the court.
These penalties shall be imposed on any person who commit any of the following acts: obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts; non compliance with the procedures and safeguards provided by law for the adoption; or subjecting or imposing the child to be adopted to danger, abuse or exploitation.
Under the proposed measures, the NCAA, with the Council of the Welfare of Children, the Office of the Civil Registry General the Department of Justice, Office of the Solicitor General and the Department of Foreign Affairs, shall promulgate necessary rules and regulations to implement the provisions of the act within six months after its effectivity.