Distinctions between DOMESTIC ADOPTION and INTER-COUNTRY ADOPTION

DOMESTIC ADOPTION INTER-COUNTRY ADOPTION

Governed by RA 8552, the Domestic Governed by RA 8043, the Inter-Country
Adoption Act of 1998; procedure Adoption Act of 1995; procedure governed
governed by AM No. 02-06-02-SC, Aug. by the Amended Implementing Rules and
22, 2002. Regulations on ICAA.
Applies to domestic adoption of
Applies to adoption of a Filipino child in a
Filipino children, where the entire
foreign country, where the petition for
adoption process beginning from the
adoption is filed, the supervised trial custody
filing of the petition up to the issuance
is undertaken and the decree of adoption is
of the adoption decree takes place in
issued outside of the Philippines.
the Philippines.
Who may be adopted Who may be adopted
A child legally available for adoption. Only a legally free child may be adopted.
Requisites: Requisites:
a) Below 18 years of age; and a) Below 15 years of age; and
b) Has been voluntarily or involuntarily
b) Judicially declared available for
committed to the DSWD in accordance
adoption.
with PD 603.
c) Exceptions:
d) Legitimate son/daughter of one
spouse by the other spouse;
e) Illegitimate son/daughter by a
qualified adopter;
f) Person of legal age if, prior to
the adoption said person has been
consistently considered and treated by
the adopter/s as his/her own child since
minority.
Who may adopt Who may adopt
1. FILIPINO CITIZENS A. FILIPINO CITIZENS

1) Permanent resident of a foreign

1) Of legal age;
2) In possession of full civil
capacity and legal rights;
3) Of good moral character;
4) Has not been convicted of any
crime involving moral turpitude;
5) Emotionally and psychologically
capable of caring for children;
country;
2) Has the capacity to act and assume
all rights and responsibilities of parental
authority under Philippine laws;
3) Has undergone the appropriate
counseling from an accredited counselor in
country of domicile;
4) Has not been convicted of a crime
involving moral turpitude;
5) Eligible to adopt under Philippine
laws;

6) In a position to support and
care for his/her children in keeping with
the means of the family;
7) At least 16 years older than the
adoptee but this latter requirement
may be waived if (a) the adopter is the
biological parent of the adoptee; or (b)
the adopter is the spouse of the
adoptee‘s parent; and
8) Permanent resident of the
Philippines.
1. ALIENS
1) Same qualifications as above,
and in addition:
2) His/her country has diplomatic
relations with the Republic of the
Philippines;
3) His/her government allows the
adoptee to enter his/her country as
his/her adopted son/daughter;
4) Has been living in the
Philippines for at least 3 continuous
years prior to the filing of the
application for adoption and maintains
such residence until the adoption
decree is entered; and
6) 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;
7) Agrees to uphold the basic rights of
the child as embodied under Philippine laws,
the UN Convention on Rights of the Child,
and to abide by the rules and regulations
issued to implement the provisions of the
ICAA;
8) Residing in a country with whom the
Philippines has diplomatic relations and
whose government maintains a similarly
authorized and accredited agency and that
adoption is allowed in that country;
9) Possesses all the qualifications and
none of the disqualifications provided in the
ICAA and in other applicable Philippine laws;
10) At least 27 years of age at the time of
the application; and
11) At least 16 years older than the child
to be adopted at the time of application,
unless (a) adopted is the parent by nature of
the child to be adopted; or (b) adopter is the
spouse of the parent by nature of the child
to be adopted.
B. ALIENS
1) At least 27 years of age at the time
of the application;
2) At least 16 years older than the child
to be adopted at the time of application
unless the adopter is the parent by nature of
the child to be adopted or the spouse of
such parent;
3) Has the capacity to act and assume
all rights and responsibilities of parental
authority under his national laws;
4) Has undergone the appropriate
counseling from an accredited counselor in
his/her country;
 5) Has been certified by his/her
diplomatic or consular office or any
appropriate government agency that
he/she has the legal capacity to adopt
in his/her country. This requirement
may be waived if (a) a former Filipino
citizens seeks to adopt a relative within
5) Has not been convicted of a crime
the 4th degree of consanguinity or
involving moral turpitude;
affinity; (b) one seeks to adopt the
legitimate son/daughter of his/her
Filipino spouse; (c) one who is married
to a Filipino citizen and seeks to adopt a
relative within the 4th degree of
consanguinity or affinity of the Filipino
spouse.
6) Eligible to adopt under his/her
national law;
7) 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;
8) Agrees to uphold the basic rights of
the child as embodied under Philippine laws,
the UN Convention on the Rights of the
Child, and to abide by the rules and
regulations issued to implement the
provisions of the ICAA;
9) 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
10) Possesses all the qualifications and
none of the disqualifications provided in the
ICAA and in other applicable Philippine laws.
Requirement of Joint Adoption by
Requirement of Joint Adoption by Spouses
Spouses
General rule: husband and wife shall
jointly adopt; otherwise, the adoption
shall not be allowed. Rule: if the adopter is married, his/her
Exceptions: spouse must jointly file for the adoption.
1) If one spouse seeks to adopt the
legitimate son/daughter of the other;
 2) If one spouse seeks to adopt
his/her own illegitimate son/daughter
but the other spouse must give his/her
consent;
3) If the spouses are legally
separated from each other.
Procedure
Where to file application: In the
Family Court of the province or city
where the prospective parents reside.
After filing:
The petition shall not be set for hearing
without a case study report by a
licensed social worker.
Supervised Trial Custody:
a) Temporary parental authority is
vested in prospective adopter;
b) Period is at least 6 months, but
may be reduced by the court motu
propio or upon motion;
c) If adopter is alien, the law
mandatorily requires completion of the
6-month trial custody and may not be
reduced, except if:
1) a former Filipino citizen seeks to
adopt a relative within 4th degree of
consanguinity or affinity;
Procedure
Where to file application: Either in (a)
Family Court having jurisdiction over the
place where the child resides or may be
found, or (b) Inter-Country Adoption Board
(ICAB) through an intermediate agency,
whether governmental or an authorized and
accredited agency, in the country of the
prospective adoptive parents.
After filing:
a) if filed in the FC, court determines
sufficiency of petition in respect to form and
substance, after which, petition is
transmitted to ICAB;
b) if petition is already with ICAB, it
conducts matching of the applicant with an
adoptive child;
c) after matchmaking, the child is
personally fetched by the applicant for the
trial custody which takes place outside of the
Philippines.
Supervised Trial Custody:
a) This process takes place outside of
the country and under the supervision of the
foreign adoption agency;
b) For a period of 6 months;
c) If unsuccessful, ICAB shall look for
another prospective applicant. Repatriation
of the child is to be resorted only as a last
resort;
d) If successful, ICAB transmits a written
consent for the adoption to be executed by
the DSWD, and the applicant then files a
petition for adoption in his/her country.
 2) one seeks to adopt the
legitimate son/daughter of his/her
Filipino spouse;
3) one who is married to a Filipino
citizen and seeks to adopt jointly with
his/her spouse a relative within the 4th
degree of consanguinity or affinity of
the Filipino spouse.
Decree of Adoption: Issued by Decree of Adoption: Issued by a foreign
Philippine Family Court. court.
Consent Required: Written consent
of the following to the adoption is Consent Required:
required, in the form of affidavit:
1) Written consent of biological or
adopted children above 10 years of age, in
1) adoptee, if 10 years of age or
the form of sworn statement is required to
over;
be attached to the application to be filed
with the FC or ICAB;

2) biological parent/s of the child, 2) If a satisfactory pre-adoptive

if known, or the legal guardian, or the relationship is formed between the applicant
proper government instrumentality and the child, the written consent to the
which has legal custody of the child; adoption executed by the DSWD is required.

3) legitimate and adopted sons or

daughters, 10 years of age or over, of
the adopter/s and adoptee, if any;
4) illegitimate sons/daughters, 10
years of age of over, of the adopter if
living with said adopter and the latter‘s
spouse, if any;
5) spouse, if any, of the person
adopting or to be adopted.