Section 39Sec./Art. 39

Confidentiality. All petitions, documents, records, and papers relating to administrative adoption proceedings in the files of the city or municipal SWDOs, the RACCOs, the NACC, the DSWD, or any other agency or institution participating in such proceedings shall be kept strictly confidential. If the disclosure of certain information to a third person is necessary for security reasons or for purposes connected with or arising out of the administrative adoption and will be for the best interest of the adoptee, the Executive Director of the NACC may, upon appropriate request, order the necessary information released, restricting the purposes for which it may be used and in accordance with the existing laws on data privacy.

In any event, the disclosure of any information shall only be allowed upon the order of the Executive Director, based on the written request of the adoptee or in the case of a minor adoptee, his or her legal guardian or the adoptive parent or upon order of any lawful authority.

Any violation of the confidential nature of the records abovementioned shall be punishable pursuant to the penal provisions of this Act, Republic Act No. 10173 or other relevant laws.

No copy thereof as well as any information relating hereto shall be released without written authority from the NACC or the written request of any of the following:

(a) The adopted child, with appropriate guidance and counseling, or a duly authorized representative, spouse, parent, direct descendant, guardian or legal institution legally in charge of the adopted person, if minor;

(b) The court or proper public official whenever necessary in an administrative, judicial, or other official proceeding to determine the identity of the parent or parents or of the circumstances surrounding the birth of the adopted child;

(c) The nearest kin, in case of death of the adopted child.

The NACC shall ensure that information held by them concerning the origin of the adopted child, in particular the identity of the biological parents, is preserved.