INTER-COUNTRY ADOPTION

Evolution of inter-country adoption laws

Act No. 3094 was the first law for allowed foreign adoption which allowed
any public or charitable child-caring institution to allow adoption for either Filipinos
or aliens. In the Civil Code of 1950, Art. 335 prohibited foreign adoption to
countries the Philippines does not have diplomatic ties with to prevent conflicts of
blood and identity in the case of war. In 1975, the Child and Youth Welfare Code
became the legal basis for inter-country adoption allowing for non-resident aliens
to adopt in court if qualified. The shift of adoption authority from judicial to the
Director of Social Services and Development (DSWD) happened in the Council for
the Welfare of Children (1976). When the 1988 Family Code was implemented
aliens were disqualified from adopting except a) a former Filipino citizen adopting
a relative, 2) adopting the legitimate child of his/her Filipino spouse and 3) spouse
of a Filipino citizen seeking to adopt jointly a relative of the Filipino. All aliens not
in these allowances have to comply with an inter-country adoption act the senate
made seven years later.
The ratification of the UN Convention of the Rights of the Child in 1990 and
the Hague Convention on the Protection of Children and Cooperation in Respect
to Inter-country Adoption drove the Philippines to make R.A. No. 8043.
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Inter-country adoption in the Philippines is governed by Republic Act (R.A.)

No. 8043 or the Inter-Country Adoption Act of 1995. The law aims to place every
neglected and abandoned child with an adoptive family. Preference is given to
Filipino adoptive parents as can be seen from the law's restrictive stance towards
adoption of Filipino children by alien prospective adoptive parents (PAP). The law
allows inter-country adoption to alien (PAP) only if it shown that the same is for
the best interests of the child. R.A. No. 8043 is in accord with the Hague
Convention on the Protection of Children and Co-Operation in Respect of Inter-
Country Adoption, to which the Philippines is a State Party.
The Inter-Country Adoption Board (ICAB) created by R.A. No. 8043 is the central
authority in matters relating to inter-country adoption of Filipino children. It is the
same policy-making and regulatory body responsible for the approval of all inter-
country adoption applications and placements.
BASIC GUIDELINES ON HOW A FOREIGNER CAN ADOPT A FILIPINO
CHILD
Before we go into the process of Philippine inter-country adoption, let us first
discuss two important matters relevant to it, namely: a) who may be adopted; and
b) who can adopt.
Who may be adopted?
Only a legally-free child may be adopted by a foreigner. Legally-free child means
one who is certified by the Department of Social Welfare and Development
(DSWD) to be legally available for adoption.(Republic Act 9523)

Who can adopt

The adoption process begins with the application for adoption submitted to the
ICAB. The PAP may be an alien or a Filipino citizen permanently residing abroad.
A foreigner must meet the following requirements in order to be qualified to adopt
in the Philippines under the Inter-Country Adoption Act:
a) at least twenty-seven (27) years of age and at least sixteen (16) years older
than the child to be adopted, at the time of application
exception: if the adopter is the parent by nature of the child to be adopted or the
spouse of such parent, he/she is not required to meet the above age requirement;
b) if married, his/her spouse must jointly file for the adoption;
c) with capacity to act and assume all rights and responsibilities of parental
authority under his national laws, and has undergone the appropriate counseling
from an accredited counselor in his/her country;
d) not convicted of a crime involving moral turpitude;
e) eligible to adopt under his/her national law;
f) in a position to provide the proper care and support and to give the necessary
moral values and example to all his children, including the child to be adopted;
g) agrees to uphold the basic rights of the child as embodied under Philippine
laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of this Act;
h) comes from a country with whom the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and
that adoption is allowed under his/her national laws; and
i) possesses all the qualifications and none of the disqualifications provided
herein and in other applicable Philippine laws
 With respect to the adoptee, R.A. No. 9523 otherwise known as "An Act
Requiring the Certification of the Department of Social Welfare and Development
to Declare a Child Legally Available for Adoption" mandates that only a child legally
available for adoption may be the subject of inter-country adoption.
A child legally available for adoption refers to a child in whose favor a
certification was issued by the Department of Social Welfare and Development
(DSWD) that he/she is legally available for adoption after the fact of abandonment
or neglect has been proven through the submission of pertinent documents.
In order that such child may be considered for placement, the following
documents must be submitted to the Board:
a) Child study
b) Birth Certificate/foundling certificate
c) Deed of voluntary commitment/ decree of abandonment/ death
certificate of parents
d) Medical Evaluation/ history
e) Psychological evaluation, as necessary
f) Recent photo of the child

Where to File the Application

After securing the Certification from the DSWD that the child is legally
available for adoption, the petition/application may be filed in (1) the Regional
Trial Court having jurisdiction over the child; or (2) with the ICAB, through an
accredited intermediate agency in the country of the prospective adoptive parents.

Foreigners who opt to file a petition for adoption in court in accordance with the
Domestic Adoption Act, need not submit the application to ICAB. The Court will
refer the petition to ICAB which shall act on the application. Foreigners must meet
the following conditions under Philippine adoption law:
(1) the PAP must be a resident of the Philippines for at least three (3) years prior
to the filing of the petition and should be able to maintain such residence until the
adoption decree is granted by the court; and
(2) submit a certification of legal capacity to adopt issued by the appropriate
government agency from the state of residence.

The Philippine government may however waive the foregoing requirements if it is

shown that the PAP is:
(1) A former Filipino citizen seeking to adopt a relative within the fourth degree of
consanguinity, as defined under Philippine law; or
(2) One seeking to adopt the legitimate son/daughter of his/her Filipino spouse;
or
(3) Married to a Filipino and who seeks to adopt jointly with his/her spouse a
relative within the fourth degree of consanguinity, as defined under Philippine law.
Fees and Other Charges

These fees are provided for by Article III Section 13 of the Inter-Country Adoption
Act of 1995 (RA 8043) and Section 29 and 40 of the Amended Implementing
Rules and Regulations on Inter-Country Adoption. Effective February 2007, the
ICAB fees which applies to all adoption categories (Regular or Non-Relative,
Relative, Special Needs, Special Home Finding, Summer Program and Medical
Missions) are as follows :

Adoption Application Fee$200.00 (non-refundable upon endorsement of

the Adoption Application and Supporting Documents)
Processing FeeUS$2,000.00 for single placement; US $3,000.00 for sibling
group of 2 or more (as of October 13, 2007)
Pre-adoptive placement costs The amount varies from one child to
another depending on what part of the Philippines the child comes from
and what country he/she is going to. Some Embassies of the Receiving
Countries charge visa fees and require visa medical examinations while
others do not. The total amount will be quoted by the ICAB in the placement
proposal. (Payment upon acceptance of the matching proposal)
The applicant(s) shall bear the following costs incidental to the placement of the
child;
(a) The cost of bringing the child from the Philippines to the residence of the
applicant(s) abroad, including all travel expenses within the Philippines and
abroad; and
(b) The cost of passport, visa, medical examination and psychological evaluation
required, and other related expenses.
The finalized Local Adoption cases requiring ICABs ratification has its own
schedule of fees.
The ICAB also supports the request of the Association of the Child Caring
Agencies of the Philippines (ACCAP) to increase its Child Care Support Fund
(CCSF) from US$ 500.00 to US$ 1,000.00 per placement.
These new fees will not affect prospective adoptive parents whose adoption
applications were received by the ICAB prior to February 2007 and are
currently awaiting approvals and child proposals. This means that once
these families receive a match, they will still pay the processing fee of US$
900.00.
All payments (except for the CCSF which shall be addressed to the child
caring agency where the child came from) shall be in the form of a company
check or international bank draft and shall be made payable to the Inter-
country Adoption Board. Personal checks, travelers checks or cash WILL
NOT be accepted.
No adoption application will be processed and no Placement Authority will
be issued unless the corresponding fees are received by the ICAB.
Processing Time
Adoption applicants that have substantive Home Study Report (HSR) and complete
supporting documents are reviewed and approved within one month from receipt
of the adoption applicant/s dossier. On the other hand, adoption application with
lacking information and/or documents are reviewed and processed depending
upon the submission/completion by the Central Authority/Foreign Adoption
Agency (CA/FAA) of the requested information and/or documents with the
corresponding delay in its approval.
The matching or child referral or allocation largely depends on the stated child
preference (i.e. childs age, gender and state of health or extent of known
background) of the Prospective Adoptive Parents (PAPs). This usually takes nine
(9) months to one (1) year after the PAPs approval. Willingness to accept a special
needs child generally shortens the waiting period for child allocation.

Children Available for Inter-Country Adoption

1. Children available for intercountry adoption placement are those who cannot be
placed with an adoptive family in the Philippines.
(For relative adoption only up to the 4th degree of consanguinity)
2. All children have to be cleared for intercountry adoption by the Competent
Authority Programs and Projects Bureau of the Department of Social Welfare and
Development (PPB DSWD)-Central Office.
3. Children of either sex are usually available but there may be longer waiting
period for girls because of the Filipino culture whereby families hold on to their
daughters since they are generally more submissive, less difficult to parent and
can be relied upon to care for their family of origin even until parental senescence
occurs.
4. The allowable age of Filipino children for Intercountry Adoption (ICA) is below
15 years old. A child who is above 15 years old may be processed for ICA when
the following circumstances prevail:
a. When the child is a part of a sibling group where one or more is below 15 years
old;
b. If the application for adoption of a child was filed (in cases of relative adoption)
before the child reached the age of 15;
c. Special Home Finding was initiated before the childs 15th birthday; and
d. Other situations where the intent to adopt was manifested before the child
reached 15.
5. The general ages of children cleared for intercountry adoption usually range
from 6 months to 10 years old.
6. Special Needs or Hard to Place children include:
older children (usually boys or girls age 6 to 15 years old)
Sibling groups of 3 or more
 Children with major medical/physical problems
Children with major developmental/neurological delay/handicap

Process

Any adoption applicant interested in adopting a Filipino child/ren (either relative

or non-relative) may contact the nearest Central Authority on Intercountry
Adoption of their country (if Ratifier or State Party to The Hague Convention) or
any ICAB accredited Foreign Adoption Agency who is responsible in these
Prospective Adoptive Parents preparation and conduct of their Home Study Report.

Documentary Requirements:
1. Home Study Report
2. Undertaking of the Couple made under oath (refer to Application Form)
3. Information and Personal Data Application (refer to Application Form)
4. Birth Certificate of the Couple (if adopting a relative: Birth Certificate of their
common ancestry delineating relationship up to the 4th degree of consanguinity)
5. Marriage Contract
6. Divorce Decree (if applicable)
7. Physical and Medical Evaluation Report
8. Psychological Evaluation by a duly licensed psychiatrist or psychologist.
9. Written Consent to Adoption by the biological and/or adopted children who are
10 years of age or over witnessed by the social worker after proper counseling, in
the form of a sworn statement.
10. Character Reference from (a) Local Church Minister or Priest; (b)Employer; (c)
Members of the immediate community (who have all known the applicants for at
least 5 years).
11. Latest Income Tax Return or any other documents showing the financial
capability of the applicant.
12. Clearance issued by the police or the proper government agency of the place
where the applicant resides.
13. Certification from the Justice Department or other appropriate government
agency of the applicants country that the applicant is qualified to adopt under
their national law and that the child to be adopted is allowed to enter the country
for trial custody and to reside there permanently once adopted.
14. Letter of Acceptance of the Designated Guardian/s
15. Recent post card size pictures of the applicant, his immediate family and their
home/community
16. Special Needs Checklist (refer to Application Form)
17. Self-Report Questionnaire (OPTIONAL)
18. Adoption Decree of the PAPs previously adopted Filipino child

All documents must be written, officially translated in English and must be

officially endorsed by the Central Authority on Intercountry Adoption or ICAB
accredited Foreign Adoption Agency to the ICAB in the Philippines.
All communications relating to adoption application/s and/or child referral shall
be transmitted by the Central Authority or by the ICAB accredited Foreign Adoption
Agency directly to the ICAB. Likewise, all ICAB correspondence/communications
shall be transmitted directly to the concerned Central Authority and/or the Foreign
Adoption Agency.
All the Philippine process for Intercountry Adoption (ICA) does NOT require the
intervention of a lawyer either in the Philippines or from the applicants country of
residence.

Trial Custody
Trial custody of the child commences upon the physical transfer of the child to the
applicant who, as custodian, shall exercise substitute parental authority over the
child. Trial custody is supervised by the Central Authority and/or Foreign Adoption
Agency (FAA) concerned. Regular reports on the child's health, psycho-social
adjustment, and relationship with the applicants shall be furnished by the FAA to
the ICAB. If the child suffers abuse or injury from the PAP or other household
members of the adoptive family, the Central Authority or the FAA is mandated to
step in and protect the child. It may do so by withdrawing the child from and
terminating the trial custody.

Penalties
(a) Any person who shall knowingly participate in the conduct or carrying out of
an illegal adoption, in violation of the provisions of this Act, shall be punished with
a penalty of imprisonment ranging from six (6) years and one (1) day to twelve
(12) years and/or a fine of not less than Fifty thousand pesos (P50,000), but not
more than Two hundred thousand pesos (P200.000), at the discretion of the court.
For purposes of this Act, an adoption is illegal if it is effected in any manner
contrary to the provisions of this Act or established State policies, its implementing
rules and regulations, executive agreements, and other laws pertaining to
adoption. Illegality may be presumed from the following acts:
(1) Consent for an adoption was acquired through, or attended by coercion,
fraud, improper material inducement;
(2) There is no authority from the Board to effect adoption;
(3) The procedures and safeguards placed under the law for adoption were not
complied with; and
(4) The child to be adopted is subjected to, or exposed to danger, abuse and
exploitation.
(b) Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents and communications of
adoption applications, cases and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or
a fine of not less than Five thousand pesos (P5,000), but not more than Ten
thousand pesos (P10,000), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated
felony under this Article shall be imposed upon the principals of the attempt to
commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or where it
involves two or more children shall be considered as an offense constituting child
trafficking and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried
out by a group of three (3) or more persons conspiring and/or confederating with
one another in carrying out any of the unlawful acts defined under this Article.
Penalties as are herein provided shall be in addition to any other penalties which
may be imposed for the same acts punishable under other laws, ordinances,
executive orders, and proclamations.

RELATIVE ADOPTION
Relative Adoption as applies to inter-country adoption refers to the adoption of
Filipino child/ren by relatives residing abroad within the fourth (4th) degree of
consanguity
Modified Procedure for Relative Adoption Cases (as approved by the
Board on August 30, 2007)
1. The Questionnaire for Relative Adoptive Applicants (ICAB Form No.2) which can
be downloaded from this website shall be submitted by the prospective adoptive
parents (PAPs) to the Central Authorities (CAs)/ Foreign Adoption Agencies (FAAs).
The CAs/FAAs shall endorse to ICAB the completed Questionnaire for Relative
Adoptive Applicants (QRAA) with the agencys assessment and recommendation
on the prospective adoptive parents.
2. If the CA/FAA favorably recommends the PAPs, the ICAB social worker will then
request the CA/FAA to proceed with the preparation of the PAPs dossier. On the
other hand, based on the significant data on the child as indicated in the QRAA,
the assigned ICAB Social Worker will request the DSWD Field Office (FO) to
conduct the Child Study Report with supporting documents. Periodic follow-ups
will be made with the DSWD-FO. (The time frame from request to ICABs receipt
of the report will be 3-6 months. In situations where the FO could not prepare the
Child Study Report within the expected time frame in view of heavy adoption
caseload, the ICAB social worker will assist in the conduct of the CSR).
3. Once the ICAB receives from the DSWD-FO the childs dossier and the complete
adoption application dossier of the PAPs from the CA or FAA, the ICAB social
worker will prepare an executive summary on the case with his/her
recommendation on the childs adoptive placement for the disposition of the Board.

Best interest of the child above all else

For many, the benefits of adoption outweigh the risks. Through adoption, many
childless couples have found a way to realize their dream of raising a family.
Adoption has also placed countless homeless Filipino children to the care of loving
adoptive parents who are emotionally and financially ready to support them. It is
because of these inherent benefits in adoption that the Philippines takes a liberal
view on inter-country adoption and promotes the same not only as an act that
creates a relationship of paternity and filiation, but also one aimed at giving every
prospective adoptee a chance at a better future.

Along with the liberality accorded to adoption, the principle of "best interest of the
child" pervades Philippine cases involving adoption and child custody. Philippine
law mandates that in choosing the parent to whom custody is given, the welfare
of the child should always be the paramount consideration. Aside from the material
resources, as well as the moral and social situations of the PAP, all relevant
circumstances that impact on the child's well-being and development are
considered. It is in keeping with this principle that all programs on inter-country
adoption are geared towards the betterment of the adopted child.
1) G.R. No. 94147 June 8, 1994
REPUBLIC OF THE PHILIPPINES, petitioner,
vs. HONORABLE RODOLFO TOLEDANO, in his capacity as Presiding
Judge of the Regional Trial Court, Third Judicial Region, Branch 69,
Iba, Zambales and SPOUSES ALVIN A. CLOUSE and EVELYN A.
CLOUSE, respondents.

FACTS:

On February 21, 1990, Spouses Alvin Clouse, a natural-born US Citizen and

Evelyn Clouse, a former Filipino who became a naturalized US citizen, filed
a petition to adopt Solomon Alcala, a minor who is Evelyn's youngest
brother. The trial court granted the petition. Republic, through the Office of
the Solicitor General appealed contending that the lower court erred in
granting the petition for the spouses are not qualified to adopt under
Philippine Law.

ISSUE:

Whether or not Spouses Clouse are qualified to adopt

HELD:

Under Articles 184 and 185 of Executive Order (E.O.) No. 209, otherwise
known as "The Family Code of the Philippines", private respondents spouses
Clouse are clearly barred from adopting Solomon Joseph Alcala.

Article 184, paragraph (3) of Executive Order No. 209 expressly enumerates
the persons who are not qualified to adopt, viz.:

(3) An alien, except:

(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;

(b) One who seeks to adopt the legitimate child of his or her Filipino spouse;
or

(c) One who is married to a Filipino citizen and seeks to adopt jointly with
his or her spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children
in accordance with the rules on inter-country adoption as may be provided
by law.

There can be no question that private respondent Alvin A. Clouse is not

qualified to adopt Solomon Joseph Alcala under any of the exceptional cases
in the aforequoted provision. In the first place, he is not a former Filipino
citizen but a natural born citizen of the United States of America. In the
second place, Solomon Joseph Alcala is neither his relative by consanguinity
nor the legitimate child of his spouse. In the third place, when private
respondents spouses Clouse jointly filed the petition to adopt Solomon
Joseph Alcala on February 21, 1990, private respondent Evelyn A. Clouse
was no longer a Filipino citizen. She lost her Filipino citizenship when she
was naturalized as a citizen of the United States in 1988.

Private respondent Evelyn A. Clouse, on the other hand, may appear to

qualify pursuant to paragraph 3(a) of Article 184 of E.O. 209. She was a
former Filipino citizen. She sought to adopt her younger brother.
Unfortunately, the petition for adoption cannot be granted in her favor alone
without violating Article 185 which mandates a joint adoption by the
husband and wife. It reads:

Article 185. Husband and wife must jointly adopt, except in the following
cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other.

Article 185 requires a joint adoption by the husband and wife, a condition
that must be read along together with Article 184.

Under the Family Code, joint adoption by husband and wife is mandatory.
This is in consonance with the concept of joint parental authority over the
child, which is the ideal situation. As the child to be adopted is elevated to
the level of a legitimate child, it is but natural to require the spouses to
adopt jointly. The rule also insures harmony between the spouses.

Note:

The alien husband can now adopt under Sec. 7 (b) of R.A. No. 8552
(Domestic Adoption Act of 1998). The Supreme Court has held in several
cases that when husband and wife are required to adopt jointly, each one
of them must be qualified to adopt in his or her own right. However, the
American husband must comply with the requirements of the law including
the residency requirement of 3 years. Otherwise, the adoption will not be
allowed.

INTER-COUNTRY ADOPTION
M12, Persons and Family Relations

Abenir, Christian
Barolo, Donna
Batad, Vinz Lorenz
Bernabe, Cecilbern
Chiongbian, Joshua Martin
Cuenca, Allyn Franz
Enoc, Ma. Theresa
Faelnar, Sheena Rhea
Invento, Kier
Juban, Felipe Jr.