NextGen Day

MANILA – President Rodrigo Duterte has signed a bill into law that promotes the rights of deserted or abandoned children with unknown parents and recognizes their natural-born citizenship.

An abandoned child found in the Philippines or in Philippine embassies, consulates, and territories overseas is deemed to be a natural-born Filipino citizen by Republic Act (RA) 11767, or the Foundling Recognition and Protection Act, regardless of the status or circumstances of birth.

“As a natural-born citizen of the Philippines, a foundling is afforded rights and protections at the time of birth similar to those belonging to such class of citizens whose citizenship does not require perfection or any additional act,” said RA 11767, which Duterte signed on May 6.

The presumption of a foundling’s natural-born status cannot be challenged in any proceeding unless strong proof of foreign parentage is presented.

Even if his birth certificate was forged, his legal adoption was not completed, or his registration was delayed, a deserted child shall be recognized as a natural-born Filipino citizen.

“In the case that the biological parents cannot be recognized and traced,” RA 11767 stipulates, “the foundling shall be deemed legally available for adoption, subject to existing laws, rules, and regulations and taking into account the best interests of the child.”

For all intents and purposes, the adopted foundling will be regarded as the adopter’s legitimate child after the adoption is finalized.

According to RA 11767, the adopted foundling is entitled to the same rights and obligations as legal children born to them, without any discrimination.

first-hand knowledge

Senator Grace Poe congratulated her colleagues in Congress and President Duterte for the bill, recalling how her adoption status was highlighted when she ran for president in 2016.

Poe added that time let her see the importance of the law, claiming that foundlings are subjected to unnecessary scrutiny for reasons that are wholly beyond their control.

“It has made me realize that adequate measures must be instituted to protect them from future attacks and to declare, once and for all, that they are Filipinos who must be allowed the same rights and privileges as their fellow citizens,” she said in a statement released on Tuesday.

“It was already a topic of legal debate in 2013, when I stood for senator, whether my being a senator was lawful due of the alleged doubt as a natural-born citizen.” Imagine the anguish of thousands of Filipinos who are unaware of their biological parents,” she continued.

RA 11767, she said, was a win for adopted children and adoptive parents.

“May it bring them the peace of mind and closure that some of them have been seeking to this day. May it also serve as a reminder to them that they are just as important and deserving as anyone else, regardless of where they originated from “Poe was raised by late actor Fernando Poe Jr. and his actress-wife, Susan Roces, according to Poe.

Senator Risa Hontiveros, the primary author of Senate Bill 2233, which became RA 11767, said Poe’s case haunted her, but her primary purpose was to help children who are denied not only a family, but also the right to a name, nationality, and access to government programs and services.

Implementing organizations

While the search and inquiry into the facts of the foundling’s birth and parentage is ongoing, the National Authority for Child Care (NACC), Local Social Welfare and Development Office (LSWDO), and any accredited child-caring or child-placing agency shall ensure that foundlings are given alternative childcare options, which include “kinship care, foster care, or even residential care, consistent with existing laws.”

A foundling must also be given access to any government program or service that is available, such as registration, the facilitation of adoption documents, education, legal and police protection, adequate nutrition and medical care for survival and development, and admission to safe and secure child centers.

Within 15 days after commitment or submission of the finder’s or other concerned person’s affidavit, or after receiving information that there is a probable foundling, the NACC, through the Regional Alternative Child Care Office, shall conduct a proactive and diligent search and inquiry into the facts of the foundling’s birth and parentage.

To register the foundling with the Local Civil Registrar, an affidavit of the finder, certification of the village captain or police authority on the foundling’s discovery, and NACC’s report must be presented, according to RA 11767.

If the parentage of the foundling has been established or if there is a fraud to conceal the material facts of birth or parentage of the person that would otherwise not render the person as a foundling, the biological parents, the NACC, or the LSWDO may petition the Local Civil Registrar for the revocation of the certificate of live birth.

The statute stated that “the biological parent(s) or legal guardian(s) of a foundling may petition the NACC to reclaim legal custody and parental control over the child.”

The law also establishes a “Safe Haven” provider who is responsible for the infant’s care.

Regular and coordinated data collection will be done by local government units in conjunction with the Philippine Statistics Authority, NACC, and other relevant stakeholders to create and execute more responsive policies, strategies, and programs for foundlings.

All of the benefits offered under RA 11767 apply to foundlings who were properly registered during their youth but did not benefit from the adoption process.

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