SC: DSWD certification required in adopting surrendered children

Individuals who seek to adopt surrendered children must first secure a certification from the Department of Social Welfare and Development (DSWD) that the child is legally available for adoption, the Supreme Court (SC) said.

In a 12-page decision, the SC Third Division upheld a ruling that dismissed an adoption petition because it did not include a certification from the DSWD.

“Justice demands equal vigilance in protecting children, who are often the most vulnerable and may become susceptible to exploitation if legal safeguards are disregarded,” the SC said.

“Adoption laws were crafted precisely to uphold the welfare and best interest of the child, and compliance with their requirements cannot be dispensed with,” it added.

The decision, penned by Associate Justice Japar Dimaampao, was promulgated in November 2025 and made public in March 2026.

According to the High Court, a mother left her baby in the care of the petitioner and his parents. A year later, he filed a petition for adoption before a regional trial court.

He submitted an affidavit of consent to adoption and grant custody of child that was executed by the child’s mother. She explained that she could not financially support her child.

However, citing Republic Act 9523, the RTC said a DSWD certification declaring the child legally available for adoption is needed.

In his appeal before the SC, the petitioner said the certification was only required for abandoned, neglected, or voluntarily committed children.

However, the SC ruled that voluntarily committed children includes dependent, abandoned, or neglected children who were entrusted to the DSWD, a child placement agency, or even to an individual.

“When a parent – often a mother acting under difficult circumstances, as in this case – entrusts her child to another’s care, the child is legally considered voluntarily committed,” the SC said.

“For purposes of adoption, the prospective adopter must therefore first secure the necessary DSWD certification,” it added. — JMA, GMA Integrated News