Dear eFOI user,
Thank you for your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You inquired about the benefits associated with domestic adoption.
We would like to refer you to Section 34 of Republic Act No. 8552 (Domestic Adoption Act) and its Implementing Rules and Regulations (IRR), which states:
Benefits: Adoptive parents shall, with respect to the adopted child, enjoy all the benefits to which biological parents are entitled. Maternity and paternity benefits granted to biological parents upon the birth of a child are also extended to adoptive parents if the adoptee is below seven (7) years old as of the date of placement, as authorized by the Pre-Adoptive Placement Authority issued by the Department of Social Welfare and Development (DSWD).
Additional Clarifications:
- Applicability: These benefits apply to both public and private employees.
- Maternity Leave: Under Republic Act No. 11210 (105-Day Expanded Maternity Leave Law), the extended maternity leave applies only to live births. However, adoptive mothers are entitled to 60 days of maternity leave as provided under the earlier maternity leave law, ensuring adequate bonding time with the adopted child.
- Requirements: A certification from the DSWD will be required to avail of these benefits.
For further clarification or assistance, we recommend reaching out directly to the DSWD or its nearest office.
Should you have additional concerns, please feel free to contact us at DOLE Hotline 1349 or 8527-3000 loc 307.
Thank you.
Respectfully,
Jann Kristine C. Barboza- FOI Receiving Officer
Marco Antonio S. Valeros, MD- FOI Decision Maker
Department of Labor and Employment
