Nobody's child: A study on Philippine laws on citizenship and the status of abandoned children declared as foundlings

• Main Authors: Bea, Ersha M., Sy, Kaira L.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Abandoned children > Legal status, laws, etc. > Philippines; Foundlings—Legal status, laws, etc. > Philippines; Adoption > Law and legislation > Philippines; Citizenship > Philippines; Statelessness > Philippines; Civil Rights and Discrimination; Family Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5665
• Institution: De La Salle University

At present, there are a total of 5,461 abandoned and/or abused who are placed under the foster care of the DSWD. While the numbers are astounding, these reflect only those children that are in the custody of the DSWD. There are still countless of unidentified children who are left alone to protect and fend for themselves. Having unidentified parents, these children are at risk of being stateless.The Philippines is a country that adopts the jus sanguinis in its citizenship laws, whereby in this principle, nationality is only granted to children who are born of parents who are their nationals. Even if an abandoned child is subsequently adopted, there is still no guarantee of nationality due to the country's adoption laws. This, therefore, creates a risk for children whose parents are unknown. Although the country is signatory to several international conventions concerning statelessness and the rights of a child, the local laws are inadequate to conform with the country's international obligations.Children have a right to nationality. And as a rule, in all activities affecting the child, the rights of the child shall be of paramount consideration. The Philippine laws are inadequate to meet the needs and protection of abandoned children.This is a study of the current situation of abandoned children declared as foundlings, Philippine laws concerning the issue, international obligations violated, and what is being practiced by concerned implementing agencies. It will end with a recommended cause of action and providing an additional provision under Article IV of the 1987 Philippine Constitution.