The Supreme Court (SC) ruled that a certification declaring a child legally available for adoption remains mandatory even if the child was voluntarily surrendered by the biological mother.

In a decision written by Associate Justice Japar Dimaampao, the High Court’s Third Division affirmed the dismissal of an adoption petition for failing to secure the required certification from the Department of Social Welfare and Development (DSWD).

The case stemmed from a petition filed by Eleazar Robiso, who sought to adopt a child left in his family’s care shortly after birth.

The child’s mother had executed an affidavit consenting to the adoption, citing her inability to financially support the infant and transferring custody to Robiso.

Despite this, the Regional Trial Court dismissed the petition, ruling that the child qualified as a “surrendered child,” which requires a DSWD certification under Republic Act 9523. 

CA upholds RTC

The Court of Appeals (CA) later upheld the ruling.

Before the high court, Robiso argued that such certification applies only to abandoned, neglected, or voluntarily committed children and not to those voluntarily surrendered. 

The SC rejected this argument, clarifying that the requirement also extends to surrendered children.

It explained that while the law does not explicitly define “surrendered child,” its implementing rules align the term with “voluntarily committed child” — referring to children whose parents knowingly relinquish parental authority to the DSWD or accredited agencies. 

It further cited Presidential Decree 603, which treats children surrendered to private individuals similarly.