INTERCOUNTRY ADOPTION IN THE PHILIPPINES

Background
Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (29 May 1993) Republic Act No. 8043 (approved on 07 June 1995)

IRR of RA No. 8043 (26 December 1995) Deposit of the Instrument of Ratification (02 July 1996) Entry into force of the 1993 Convention (01 November 1996)

IRR Amendment (08 January 2004)

Republic Act No. 8043

Otherwise known as the Intercountry Adoption Act of 1995
Provide every neglected and abandoned child with a family with priorities to place the child with an adoptive family in the Philippines.

Republic Act No. 8043

Refers to the socio-legal process of adopting the Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines.

Who may adopt?

1. Any alien 2. Filipino citizen, both permanently residing abroad

What are the qualifications needed for a Filipino or alien to adopt?

1. At least 27 years old and 16 years older than the child to be adopted at the time of the application unless adopter is the parent by nature of the child; If married, his spouse must jointly file for adoption; Has the capacity to act or assume all rights and responsibilities of parental authority; Not been convicted of a crime involving moral turpitude; Eligible to adopt under his national law; In a position to provide for proper care and support and give necessary moral values; Agrees to uphold the basic rights of the child mandated by the UN Convention of rights of Child and the Philippine Laws; Comes from a country with which the Philippines has diplomatic relations and adoption is allowed under his national law; Possesses all the qualifications and none of the disqualifications under the law or other applicable Philippine laws.

2. 3.

4. 5. 6.
7. 8. 9.

2000 Bar Question

Q. Sometime in 1990, Sarah, born a Filipino but by then a naturalized American citizen, and her American husband Sonny Cruz, filed a petition in the Regional Trial Court of Makati, for the adoption of the minor child of her sister, a Filipina, can the petition be granted? A. It depends. If Sonny and Sarah have been residing in the Philippines for at least 3 years prior to the effectivity of RA 8552, the petition may be granted. Otherwise, the petition cannot be granted the American husband is not qualified to adopt. While the petition for adoption was filed in 1990, it was considered refiled upon the effectivity of RA 8552. This is the law applicable, the petition still being pending with the lower court. Under the Act, Sarah and Sonny must adopt jointly because they do not fall in any of the exceptions where one of them may adopt alone. When husband and wife must adopt jointly, the Supreme Court has held in a line of cases that both of them must be qualified to adopt. While Sarah, an alien, is qualified to adopt, for being a former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity, Sonny, an alien, is not qualified to adopt because he is neither a former Filipino citizen nor married to a Filipino. One of them not being qualified to adopt, their petition has to be denied. However, if they have been residents of the Philipppines 3 years prior to the effectivity of the Act, and continues to reside here until the decree of adoption is entered, they are qualified to adopt the nephew of Sarah under Section 7 (b) thereof, and the petition may be granted.

Who may be adopted?

Only a legally free child may be adopted provided the following are submitted: 1. Child study; 2. Birth certificate/foundling certificate; 3. Deed of Voluntary Commitment/Decree Abandonment/Death Certificate of parents; 4. Medical evaluation or history; 5. Psychological evaluation; 6. Recent photo.

of

What is the definition of child? A child is any person below fifteen (15) years of age unless sooner emancipated by law.

What is a legally-free child

A child who has been voluntarily or involuntarily committed to the DSWD of the Philippines, in accordance with the Child Youth and Welfare Code. Note: No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted in the Philippines. General Rule: There shall be no physical transfer of a voluntarily committed child earlier than 6 months from the date of execution of Deed Voluntary Commitment. Exception: 1. Adoption by relative; 2. Child with special medical condition.

What is trial custody?

It is the pre-adoptive relationship which ranges 6 months from the time of the placement. It starts from the actual of the child to the applicant who, as actual custodian, shall exercise substitute parental authority over the person of the child. Note: 1. If unsatisfactory the relationship shall be suspended by the board and the foreign adoption agency shall arrange for the childs voluntary case. 2. If satisfactory the Board shall submit the written consent of the adoption to the foreign adoption agency within 30 days after the the latters request.

Principle of Subsidiarity

Community
Child Caring Agencies DSWD issuance of Certificate of Adoptability RA 9523 Central Local Matching at DSWD

Matched

Unmatched Issuance of Clearance for Intercountry Adoption and endorsement to ICAB

Domestic Adoption RA 8552

RA 9523 (March 12, 2009)

An Act Requiring Certification of the DSWD to Declare a Child Legally Available for Adoption as a Prerequisite for Adoption Proceedings

Requirements for the issuance of Certificate that child is legally available for adoption 1. Social Case Study Report 2. Proof of efforts to locate parents a. Written certification of media of the airing on three different occasions b. Publication in a newspaper of general circulation c. Returned registered mail to the last known address of parents/relatives 3. Birth certificate 4. Recent photograph of child upon admission to agency

RA 8552
Who may adopt Any alien possessing the following qualifications: In possession of full civil capacity Good moral character Not convicted of any crime involving moral turpitude Emotionally capable 16 years older than adoptee Financial capacity Country has diplomatic relations with the Philippines Requirements waived for relative adoptions within the 4th degree: Living in the Philippines for 3 continuous years prior to filing and maintains residence until adoption decree is entered Certified by diplomatic/consular/appropriate government agency of legal capacity to adopt adoptee may enter country as an adopted son/daughter

Gap in RA 8043
ICAB law grants jurisdiction to ICAB to place children fifteen (15) years and below only

Children aged 15 to 18 must go to the regular courts for adoption

DSWD Issues ICA Clearance Dossier of Child forwarded to ICAB

ICAB Secretariat Reviews & Assesses Suitability and Eligibility for Inclusion in Roster of Cleared Children (ROCC) and Roster of Children for Matching (ROCM)
If info/data incomplete/nonsubstantive: Inclusion in ROCC but request additional info Upon completion of requested additional info, inclusion in ROCM

If info/data complete/substa ntive - Inclusion of Child/ren in ROCM

ICAB Secretariat Notifies CCA on PreMatching/Matching Conference Schedule

Screening of Adoptive Parents

Applications received By ICAB ICAB screens Applications from Appropriate Central Authority/Phil. Accredited FAA Applications Received from Other Sources

Review of Home Study Report & Supporting Documents (Secretariat and ICPC)

Elevation to ICA Board for approval PAPs dossier

Deferment of Approval by ICAB (Awaiting additional Info/SDs)

Approval by ICAB
ENTRY TO ROSTER OF APPROVED APLLICANTS (RAA)

Disapproval by ICAB

CA/FAA Submits Additional Info/SDs

Dossier Returned to CA/ FAA

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Composition of the Board

Secretary of the DSWD Corazon Juliano Soliman is the Ex-officio chairperson of the ICAB and has designated Undersecretary Alicia Bala as the Alternate Chairperson

Psychiatrist:
Aida L. Muncada, MD

Social Work Representative:

Prof. Lyra del Castillo

NGO Representatives:
Sr. Maria Socorro Evidente, DC
Rafael Tinio

Lawyer:
Atty. Maria Cielo Rondain

Lawyer:
Atty. Noel del Prado

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ICAB Flowchart
Child cleared for ICA

Approved PAPs
Issuance of Affidavit of Consent to Adoption & Finalization of Adoption

INTERCOUNTRY PLACEMENT COMMITTEE

Matching Conferences

Secretariat &

Action of the Board: Approval/ Disapproval Accept: Issue PLACEMENT AUTHORITY and

Disapproval notify CCA; rematching

Approval notify CCA/ endorse Matching Proposal to FAA

6 mo. Trial custody Period 3 Post Placement Reports

Process Travel Documents

Post Legal Adoption Services (Motherland Tour, Search & Reunion)

Not Accepted: notify CCA; for endorsement to 2nd PAP if available or rematching

Acceptance/ Nonacceptance

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POST ADOPTION
Motherland Tour Request for Information Search and Reunion
Of legal age as defined by receiving country Emotional maturity
Exception: emotional well being

Authorization of Foreign Partners

License to operate an adoption agency With authority to process international adoptions Has a proven track record of at least five (5) years Governing board and administrative staff competent and responsible child welfare oriented leaders Audited financial statements of at least the past three (3) years A physical office

RE-ACCREDITATION/ AUTHORIZATION OF FOREIGN PARTNERS

Compliance with requests to temper quality and number of applications sent Disruptive placements Timely submission of reports Capacity and willingness to place children with special needs
Children with disabilities Negative background
Abused From incestuous relations

Older Children 9 to 18 years

LIAISON AGENCIES
Local presence not required Duties:
Assists in securing additional information and documents prior to matching Endorsement of documents Assists in transfer of children from provinces Assists in emotional and psychological preparation of children Facilitation/coordination in the adoptive parents travel itinerary Assists in the family orientation on the childs habits and preferences Accompany family for entrustment Report any problems encountered to ICAB Ensure the regular submission of post placement reports, decree of adoption and naturalization Assists in post adoption programs and services

Cooperation between Central Authorities and Partners:

Necessary to regulate the number and quality of applications sent to countries of origin Prevention of trafficking Cooperative nature of convention requires close cooperation

Thank you.