Civil Law and Land Titles and Deeds › Family Relations (EO 209, as amended) › Family Relations › Adoption and Care of Children › Foundlings (RA 11767)

v. Safe Haven

Safe Haven

Concept

Safe haven allows a parent to relinquish an infant thirty days old or younger to specified persons or entities without criminal liability under the provisions identified in the Act. An infant relinquished under these provisions is considered a foundling. (Sec. 13, RA 11767)1 (Sec. 15, RA 11767)2

Governing provisions

Section 13 of RA 11767 identifies the eligible recipients and provides the exemption from criminal liability. Section 14 sets out the safe haven provider’s duties, while Section 15 states the status of an infant relinquished under the safe haven provisions. Section 4 separately addresses a finder’s report of a deserted or abandoned child. (Sec. 13, RA 11767)1 (Sec. 14, RA 11767)3 (Sec. 15, RA 11767)2 (Sec. 4, RA 11767)4

Requisites / Rules

  • The exemption applies to a parent who relinquishes an infant thirty days old or younger to a listed safe haven recipient, notwithstanding Articles 276 and 277 of the Revised Penal Code and Republic Act No. 7610. (Sec. 13, RA 11767)1
  • Eligible recipients are licensed child-caring agencies; licensed child-placing agencies; churches; DOH-accredited health facilities; Local Social Welfare and Development Offices; and DSWD-managed or LGU-managed residential care facilities. For this purpose, a church is a place devoted to religious worship held regularly. (Sec. 13, RA 11767)1
  • The provider must take appropriate care of the infant and inform the parent that questions about the infant’s identity and medical history may be answered but need not be answered. (Sec. 14, RA 11767)3
  • If practicable, the provider must confirm whether the parent wishes to permanently relinquish parental rights and release the infant for adoption. (Sec. 14, RA 11767)3
  • Within forty-eight hours from the parent’s relinquishment or a finder’s report, as applicable, the provider must inform the NACC through the RACCO and include available information on the child’s identity and circumstances of abandonment. (Sec. 14, RA 11767)3

Distinctions

Parental relinquishment to a safe haven recipient is distinct from a finder’s discovery and report of a deserted or abandoned child. A finder must report the discovery within forty-eight hours to the nearest LSWDO or a safe haven provider, which then coordinates with the NACC through the RACCO. If the actual finder is a minor, a parent or legal guardian assists in making the report. (Sec. 13, RA 11767)1 (Sec. 4, RA 11767)4

Key doctrines

A child relinquished under the safe haven provisions has foundling status. A foundling is entitled to available government programs and services, including registration, adoption-document assistance, nourishment, medical care, and protection. In providing care and support, the responsible agencies, authorities, and finder must consider the child’s best interest. (Sec. 15, RA 11767)2 (Sec. 8, RA 11767)5

Exceptions

The parent is not required to answer identity or medical-history questions. Confirmation of an intention to relinquish parental rights permanently is required of the provider only if practicable. The stated exemption from criminal liability is confined to the parent, infant age, and recipients specified in Section 13 of RA 11767. (Sec. 14, RA 11767)3 (Sec. 13, RA 11767)1

Bar tip

Check the infant’s age, the recipient, and the provider’s forty-eight-hour notice duty. Do not confuse that duty with the finder’s separate forty-eight-hour reporting duty. (Sec. 13, RA 11767)1 (Sec. 14, RA 11767)3 (Sec. 4, RA 11767)4

Authorities

  • Art. 13, Revised Penal Code
  • Art. 14, Revised Penal Code
  • Art. 15, Revised Penal Code
  • Art. 4, Revised Penal Code
  • Art. 8, Revised Penal Code