MANILA – The Supreme Court (SC) has ruled that individuals seeking to adopt surrendered children must first obtain a certification from the Department of Social Welfare and Development (DSWD) confirming that the child is legally available for adoption.

In a 12-page decision released in March 2026, the SC Third Division upheld the dismissal of an adoption petition that lacked the required DSWD certification. Associate Justice Japar Dimaampao authored the ruling.

“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 High Court said.

The case involved a petitioner who filed for adoption of a baby left in his care by the child’s mother. The petitioner submitted an affidavit of consent to adoption executed by the mother, who explained she could not financially support her child.

The Regional Trial Court dismissed the petition, citing Republic Act 9523, which requires a DSWD certification for adoption petitions. The petitioner argued that such certification is only necessary for abandoned, neglected, or voluntarily committed children.

The SC clarified that voluntarily committed children include those entrusted to the care of the DSWD, child placement agencies, or even private individuals.

“When a parent—often a mother acting under difficult circumstances—entrusts her child to another’s care, the child is legally considered voluntarily committed. For purposes of adoption, the prospective adopter must therefore first secure the necessary DSWD certification,” the Court said.