Foundlings are still humans // IZUMIN

Foundlings are still humans

IZUMIN // Kyzzia Paguirigan

A“Foundling”, according to the dictionary, is babies or small children who were abandoned by their parents usually in places such as hospitals, churches, or government posts and offices. Foundlings are a little different than orphans, unlike orphans the foundling’s parents are still and just nowhere to be found. In the absence of a law that protects them, foundlings are prone to a phase of “statelessness” due to difficulties in establishing his/her parentage. Additionally, if there is no citizenship, a foundling cannot access certain rights and services, making them vulnerable to variable challenges such as discrimination.

Early this month of May, President Rodrigo Duterte signed Republic Act 11767, or the “Foundling Recognition and Protection Act” to end the risk of “statelessness” of foundlings, this law guarantees the rights of the deserted or abandoned children with unknown parents and recognizing their status as a natural-born citizen of the Philippines.

According to the explanatory note of RA 11767, it states that an abandoned child found in the Philippines or Philippine embassies, consulates, and territories abroad is presumed a natural-born Filipino citizen, regardless of the status or circumstances of birth.

As a natural-born citizen of the Philippines, a foundling is accorded with rights and protection at the moment of birth equivalent to those of citizens whose citizenship does not need adjustments or any further act.

The law also stated that a deserted child shall be acknowledged a natural-born Filipino citizen, even though his/her birth certificate was simulated, his/her legal adoption was not processed, or his/her registration was delayed”

If the biological parents cannot be identified and located, the foundling shall be declared legally available for adoption, subject to existing laws, rules, and regulations and taking into consideration the best possible scenario for the child. Once the adoption is finalized, the adopted foundling shall be considered the legitimate child of the adopter.

According to RA 11767, the foundling is also entitled to the rights and obligations provided by law to legitimate children without discrimination of any kind. This law also includes a safe haven for infants who are abandoned or thrown in garbage areas or left on sidewalks.

As a foundling herself, Senator Grace Poe said, “May this law provide peace of mind and closure to those who seek until this very day. May it also remind the foundlings that regardless of where they came from, they are just as important and worthy as anybody else.” [R]