Domestic Adoption and Inter-Country Adoption

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Laws governing domestic and inter-country adoptions in the Philippines

[1] Republic Act 8552 known as Domestic Adoption Act of 1998; and [2] Republic Act 8043 known as Inter-Country Adoption Act of 1995. RA 8552 amended Articles 183 up to 193 of the Family Code and the law governing for Filipino citizens adopting other Filipinos (whether relatives or strangers) with certain exceptions.

While RA 8043, governs the adoption of Filipinos by foreigners and is being implemented by the Inter-Country Adoption Board (ICAB).

Republic Act 8552, also known as the Domestic Adoption Act of 1998 encourages domestic adoption to preserve the child’s identity and culture and only when this is not available shall inter-country adoption be considered as a last resort.

Those that can be adopted

The following may be adopted:

  1. Any person below eighteen (18) years of age who has been administratively declared (those children who were surrendered, abandoned, neglected and dependent) available for adoption;
  2. The legitimate son or daughter of one spouse by the other spouse;
  3. An illegitimate son or daughter by a qualified adopter to improve his / her status to that of legitimacy;
  4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adoptor(s) as his / her own child since minority;
  5. A child whose adoption has been previously rescinded;
  6. A child whose biological or adoptive parent (s) has / have died, provided that no proceedings shall be initiated within six (6) months from the time of death of said parent (s);

Alien’s qualifications to adopt in the Philippines

Section 7 (b) of RA 8552 allows an alien to adopt under the domestic adoption law provided that he /she meets the following requirements:

  • Of legal age and at least 16 years older than the adoptee (except when the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent).
  • Possesses full civil capacity and legal rights.
  • Of good moral character and has not been convicted of any crime involving moral turpitude.
  • Emotionally and psychologically capable of caring for children.
  • In a position to support and care for his / her children in keeping with the means of the family.
  • His / her country has diplomatic relations with the Philippines.
  • Has been certified by the diplomatic or consular office or any appropriate government agency that he / she has the legal capacity to adopt in his / her country and that his / her government allows the adoptee to enter his / her country as an adopted child.
  • Has been living continuously in the Philippines for at least three (3) years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered:

Section 7 (c) also provides that the guardian, with respect to the ward after the termination of the guardianship and clearance of his / her financial accountability, is also qualified to adopt under the law.

Exceptions on residency requirement of the alien

The requirements on residency and certification of the alien’s qualification to adopt in his / her country may be waived for the following cases:

  1. The applicant is a former Filipino citizen seeking to adopt a relative within the fourth (4th) degree of consanguinity or affinity;
  2. The applicant is seeking to adopt the legitimate son or daughter of his / her Filipino spouse;
  3. The applicant is married to a Filipino citizen, and seeks to adopt jointly with his / her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

Exceptions to the rule that the husband and wife shall jointly adopt

In the following cases:

  • If one spouse seeks to adopt the legitimate son / daughter of the other
  • If one spouse seeks to adopt his / her own illegitimate son or daughter, provided, however, that the other spouse has signified his/her consent.
  • If the spouses are legally separated from each other.

In case the husband and wife jointly adopt, or one spouse adopts the illegitimate son or daughter of the other, joint parental authority shall be exercised by the spouses.

Supervised trial custody and any exceptions

The law provides that no petition for adoption shall be finally granted until the adopter has been given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. During the said period, temporary parental authority shall be vested on the adopter. An alien adopter must complete the six (6) month trial custody except in the following cases:

  • Former Filipino citizens adopting a relative within the fourth (4th) degree of consanguinity or affinity
  • One who is adopting the legitimate son or daughter of his / her Filipino spouse
  • One who is married to a Filipino citizen and seeks to adopt jointly with his / her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

Consent of biological father, who abandoned his illegitimate child, on the adoption of the child by the mother and her new husband

Under the Domestic Adoption Act of 1998 the written consent of the natural parent is required. Consent need not be obtained if the father has abandoned the child and can no longer be located despite earnest efforts. The best interest and welfare of the child is still the consideration.

The specific provisions involving qualifications for US immigration of a child (within the 4th civil degree of consanguinity or affinity) adopted under the Domestic Adoption Law of the Philippines by an American citizen married to a Filipino or former Filipino citizen

You have to comply with the following before the adopted child can be eligible for an immigrant visa:

  1. The adoption of the child must take place before the age of 16 (or be the sibling of a child who was adopted by the same parents while under the age of 18). The adoption must be legal and final. The adoption must be legal. This means that the Philippine (family) court has approved the petition filed in this regard. The decree becomes final and executory.
  1. Once the legal custody has been awarded by the family court in the Philippines then the adoptive parents must have had the legal custody of the child for at least two (2) years. The legal custody commenced from the date that the adoptive parents were granted legal custody of the child, or the date the adoption becomes final and executory, whichever comes first. This means that the adoptive parents must have physically resided with the adopted child for at least two (2) years prior to immigration. During this period, the adoptive parents must exercise parental control. In case they (adopted parents and the child) resided separately for a certain period, an evidence must be presented to establish the fact that the child and the adoptive parents had a bona fide parent-child relationship. Lastly, the child must satisfy all primary documentary needed for immigrant visa.

Agency concerned on matters relating to the foreign adoption placement of Filipino children

The Inter-Country Adoption Board (ICAB) is mandated by law (Inter-Country Adoption Law of 1995 or Republic Act 8043) to be the Central Authority on matters relating to the foreign adoption placement of Filipino children to applicants who are either former Filipinos or foreigners permanently residing abroad.

Those eligible to adopt through inter-country adoption law

The following are the requirements:

Residency:

  1. Any alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child.
  2. 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.

Age Requirement

  1. The applicant couple is at least twenty-seven (27) years old at the time of application.
  2. The applicant couple has a minimum age gap of 16 years and/or a maximum of 47 years age gap.

Marital Status

  1. The applicant couple should be legally married for a minimum of three (3) years.
  2. If married, they should jointly file for the adoption.
  3. If any one of the spouse applicant has a history of divorce, the second or current marriage should have completed a minimum of five (5) years upon filing of the application.

Single applicants shall not be refused as prospective adoptive applicants. However, they shall be informed that they have a lower priority in being matched with children unless matched with a special needs child (older or sibling group)

Body to file the application

The application shall be filed and officially endorsed to the INTER-COUNTRY ADOPTION BOARD (ICAB) through the Receiving Country’s Central Authority on Inter-Country Adoption or an ICAB accredited Foreign Adoption Agency in the place of residence of the applicant couple. Any applicant interested in adopting a Filipino child/ren (either relative or non-relative) may contact the nearest Central Authority on Inter-Country 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.

Waiting period

The approximate waiting period for a child after the PAPs’ application has been approved by the Board is a minimum of three (3) months to a maximum of one (1) year, depending on the child preference of the adoption applicants.

Children available for Inter-Country Adoption

Children available for Inter-Country 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). Such as:

  • All children have to be cleared for Inter-Country adoption by the Competent Authority – Programs and Projects Bureau of the Department of Social Welfare and Development (PPB DSWD)-Central Office.
  • 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.
  • The allowable age of Filipino children for Inter-Country 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:

 

  1. If the application for adoption of a child was filed (in cases of relative adoption) before the child reached the age of 15;
  2. Special Home Finding was initiated before the child’s 15th birthday; and other situations where the intent to adopt was manifested before the child reached 15.
  3. The general ages of children cleared for Inter-Country adoption usually range from 6 months to 10 years old. Special Needs or Hard to Place children include older children (usually boys or girls age 6 to 15 years old)

Documentary requirements

The following are the documents required:

  1. Home Study Report
  2. Undertaking of the Couple made under oath
  3. Information and Personal Data Application
  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
  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 applicant’s 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. Recent post card size pictures of the applicant, his immediate family and their home/community
  15. Special Needs Checklist
  16. Self-Report Questionnaire (this is optional)

Note that 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.

 

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