IN THE first part of this two-part series, we examined the growing and deeply troubling phenomenon of online baby selling in the Philippines, a practice that thrives in the shadows of a social media platform, preying on the desperation of vulnerable biological parents and the defenselessness of infants.
It is a reality that is difficult to confront: children, the most innocent members of our society, are being treated as commodities.
But before we examine the legal consequences faced by those involved, we must first confront a difficult and uncomfortable question: Why does this continue to happen?
For many, the answer begins with poverty.
There are parents who, faced with the daily realities of hunger, unemployment, and the inability to provide even the most basic needs, begin to see impossible choices as their only viable options.
In moments of crisis, the line between survival and legality can blur. What may seem unthinkable to some, becomes, for others, a desperate attempt to secure temporary relief, or just simply to survive one more day.
Yet poverty alone does not fully explain the persistence of this situation. It is only one part of a more complex problem.
While poverty often drives the supply side, the demand side is fueled by an equally concerning factor: a significant gap in awareness and access to accurate information.
Many individuals and couples are unaware that there are lawful, structured pathways for adoption and alternative child care. Others assume that these processes are complicated, expensive, or slow. This perception, largely inaccurate, discourages compliance with legal procedures and pushes some toward illegal alternatives that appear more straightforward.
There is also the powerful influence of convenience.
In the digital age, immediacy shapes behavior. A single post can reach hundreds or even thousands within minutes. Conversations quickly shift from public comments to private messages, and then to informal “arrangements.” Compared to legal adoption procedures, which require documentation, case studies, and thorough assessments to safeguard the child’s welfare, these illicit transactions appear faster, easier, and more “accessible.”
But convenience, when it comes to the life of a child, is a dangerous illusion.
This is where the role of government becomes critical, not just in enforcing the law, but in preventing the conditions that allow such issues to persist . Addressing online baby selling requires a multi-leveled approach.
First, there must be stronger and more accessible support systems for families in crisis.
Parents who feel they have no choice must be made aware that they do, in fact, have options, whether through financial assistance, psychosocial support , or temporary alternative child care arrangements.
Second, there must be sustained and aggressive information campaigns. The public needs to understand that legal adoption is not an impossible process.
Laws such as Republic Act No. 11642 or the Domestic Administrative Adoption and Alternative Child Care Act of 2022, were specifically designed to make adoption more streamlined, affordable, and child-centered. However, even the most progressive law cannot protect those who are unaware of its existence.
Third, government systems must continue to evolve into more responsive, efficient, and humane. The objective is not to compete with illegal shortcuts, but to ensure that the lawful process is perceived as accessible, trustworthy, and worth pursuing. When the system works effectively, it removes the perceived need for dangerous alternatives.
And yet, even when all these factors are addressed, a more difficult truth remains: there are individuals who are fully aware of the law and still choose to violate it, In such cases, motivations shift from necessity to profit, opportunism, or the belief that one can evade accountability.
The anonymity offered by private groups and online platforms creates a false sense of security. Some convince themselves that private messages leave no trace, that “discreet” transactions will go unnoticed, or that labeling an arrangement as “adoption” somehow legitimizes it.
It does not.
For those who knowingly bypass legal processes, the consequences are severe and unequivocal. Under Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, the buying and selling of children constitutes child trafficking, punishable by imprisonment ranging from reclusion temporal to reclusion perpetua, no less than 12 years and up to life imprisonment.
Even a single act, such as posting, negotiating, or facilitating a transaction, may already fall within the scope of this offense.
In addition, Republic Act No. 11642, or the Domestic Administrative Adoption and Alternative Child Care Act, penalizes the circumvention of legal adoption procedures, particularly when safeguards are ignored or when the child is exposed to abuse, danger, or exploitation. Violations may result in imprisonment ranging from six years and one day to 12 years, along with fines of up to ₱200,000. When these acts are carried out by organized groups or networks, they may be classified as qualified child trafficking, with penalties escalating to as much as 20 years and one day up to 40 years of imprisonment.
It must be emphasized that liability does not rest on a single individual. The law holds all parties accountable-the biological parent who relinquishes the child outside legal processes, the intermediary who facilitates the transaction, and the individual who accepts custody without lawful authority. Responsibility is shared. No one is exempt. Because at the heart of every case is a child whose life, identity, and future are placed at risk.
For anyone who believes they can bypass the system without consequence, the message is clear: the law is not blind to these acts. It may take time, but accountability will follow.
In the end, the law applies to everyone, regardless of intent, justification, or circumstance.
