LOCAL ADOPTION: REQUIREMENTS AND PROCEDURES

Adoption is defined as a socio-legal process of providing a permanent

family to a child whose parents have voluntarily or involuntarily
relinquished parental authority over the child.

Adoption is for children who cannot be reared by their biological parents

and who need and can benefit from new and permanent family ties.
Adoption provides the same mutual rights and obligations that exist between
children and their biological parents. It comprises of social work and other
professional services that are required in the placement of children in
adoptive families.

Children whose parents are either absent or unable to function as parents

require the protection of the State. Protection of the child requires sufficient
study to make certain that the placement is suitable and present no hazard to
the childs growth and development. The State through the Department of
Social Welfare and Development has a concern in every adoption including
those by stepparents and relatives.

There are three types of adoption in the Philippines:

1. Agency adoptions are those in which a licensed adoption agency finds
and develops adoptive families for children who are voluntarily or
involuntarily committed. The adoptive families go through the process
from application to finalization of the childs adoption under the
auspices of the Department of Social Welfare and Development or a
licensed child-placing agency like the Kaisahang Buhay Foundation.
Through this type of adoption, the legal rights of the child, the parents
who gave birth to the child and the parents who will adopt the child,
are all equally protected.

2. Family or relative adoptions are those where the biological parents

make a direct placement of the child to a relative or a member of their
extended family with whom they relinquish their child.

3. Private or independent adoptions could either be a direct placement to

a family known by the childs biological parents or through the use of
an intermediary or a go-between. In an intermediary placement, an
individual knows of parents who want to have their child adopted and
arranges such placement to a family or someone who wants to adopt.
These intermediaries are generally well-meaning and have good
intentions. However, one must be wary of black market placements
which involve an intermediary who brings together a person who has
a child and individuals who want to adopt, for the sole purpose of
making a profit. This practice does not consider the best interests of
the child nor the legal rights of biological parents and adoptive
parents.
The following are components of adoption:
Recruitment of potential adoptive families who may provide a home
to a child;
Development of adoptive applicants as parents to a particular child in
need of a home;
Selection of a family who can best contribute to the total development
of a particular child;
Preparation of the child and family prior to placement to insure
acceptance and readiness for the new relationship;
Supervision of trial custody for at least six months to facilitate the
childs adjustment in the family prior to the completion of adoption;
Preparation for removal of the child from the adoptive home if the
placement disrupts while alternative plans are being worked out;
Finalization of adoption and termination of service with issuance of
the final decree of adoption and amended birth certificate;
Organization of groups of adoptive parents as part of support system;
and
Post-legal adoption counselling when adoptive family and adoptee
need further counselling related to information about adoptees
background and search for his/her biological parents.

EFFECTS OF ADOPTION
Sever all legal ties between the biological parent(s) and the adoptee,
except when the biological parent is the spouse of the adopter;
Deem the adoptee as a legitimate child of the adopter;
Give adopter and adoptee reciprocal rights and obligations arising
from the relationship of parent and child, including but not limited to;
The right of the adopter to choose the name the child is to be known;
and
The right of the adopter and adoptee to be legal and compulsory heirs
of each other.
1. PRE-ADOPTION SERVICES
2. CHILDREN
3. QUALIFICATIONS OF ADOPTIVE PARENTS
4. REQUIREMENTS/SUPPORTING DOCUMENTS
5. PROCESS/PROCEDURE

Coverage and Eligibility

A Filipino citizen or alien residing in the Philippines who has the

qualification and none of the disqualifications under the Act may be eligible
to adopt if he/she:
1. is of legal age.

2. is at least sixteen (16) years older than the adoptee; Provided, however
that the minimum age gap between the adopter and the adoptee may not be
required if the adopteris the biological parent or sibling of the adoptee or the
spouse of the adoptee`s parent; has the capacity to act and assume all the
rights and duties incident to the exercise of parental authority;

4. is of good moral character and has not been convicted of any crime
involving moral turpitude;

5. is in a position to support, educate and care for his/her legitimate and

illegitimate children and the child to be adopted in keeping with the means
of the family;

6. has undergone pre-adoption services

In addition to these qualifications, an alien may adopt if he/she:

7. is a citizen of a state which has diplomatic relations with the Philippines;

8. has been certified by his/her diplomatic or consular office or any

appropriate agency that:

8.1. he/she is qualified to adopt in his/her country; and

8.2. his/her government will allow the adoptee to enter the adopter`s
country and reside there permanently as an adopted child;

9. has submitted the necessary clearances and such other certifications as

may be required by the Department.

Type of Adoption:
Regular/Agency Adoption is when a licensed adoption agency finds and
develops adoptive families for children who are voluntarily or involuntarily
committed. The adoptive families go through the process from application to
finalization of the childs adoption under the auspices of the Department of
Social Welfare and Development or a licensed child-placing agency.

Relative/Direct/Independent Placement Adoption is when the biological

parents make a direct placement of the child either to a relative, a member of
their family, or a friend/non-relative with whom they relinquish their child.
These adoptions are directly filed in Family Courts.

Foster Care refers to the provision of planned temporary substitute parental

care to a child by a foster parent.

A Foster Parent/Family is issued a license by the DSWD after a favorable

assessment and recommendation.

A Foster Placement Authority is issued by the Department to authorize the

placement of a child/children to a licensed foster parent/family.
1. Who may be placed under foster care:
 a) A child who is abandoned, surrendered, neglected, dependent or
orphaned;
b) A child who is a victim of sexual, physical, or any other form of
abuse or exploitation;
c) A child with special needs;
d) A child whose family members are temporarily or permanently
unable or unwilling to provide the child with adequate care;
e) A child awaiting adoptive placement and who would have to be
prepared for a family life;
f) A child who needs long-term care and close family ties but who
cannot be placed for domestic adoption;
g) A child whose adoption has been disrupted;
h) A child who is under socially difficult circumstances such as, but
not limited to, a street child, a child in armed conflict or a victim of
child labor or trafficking;
i) A child who committed a minor offense but is release on
recognizance, or who is in custody supervision or whose case is
dismissed; and
j) A child who is need of special protection as assessed by a social
worker, an agency or the DSWD.

2. Who may be a foster parent:

a) Must be of legal age;

b) Must be at least 16 years older than the child unless the foster
parent is a relative;
c) Must have genuine interest, capacity and commitment in parenting
and is able to provide a familial atmosphere for the child;
d) Must have a healthy and harmonious relationship with each family
member living with him or her;
e) Must be of good moral character;
f) Must be physically and mentally capable and emotionally mature;
g) Must have sufficient resources to be able to provide for the familys
needs;
h) Must be willing to further hone or be trained on knowledge,
attitudes and skills in caring for a child; and
i) Must not already have the maximum number of children under his
foster care at the time of application or award.

Requirements

1. Authenticated birth certificate

2. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or

Legal Separation documents;
3. Written consent to the adoption by the legitimate and adopted
sons/daughters, and illegitimate sons/daughters if living with the applicant,
who are at least ten (10) years old;

4. Physical and medical evaluation by a duly licensed physician and when

appropriate, psychological evaluation;

5. NBI/Police Clearance

6. Latest income tax return or any other documents showing financial

capability, e.g. Certificate of Employment, Bank Certificate or Statement of
Assets and Liabilities;

7. Three (3) character references, namely from the local church/minister, the
employer, and a non-relative member of the immediate community who
have known the applicant(s) for at least three (3) years;

8. 35 sized pictures of the applicant(s) and his/her immediate family taken

within the last three (3) months;

9. Certificate of attendance to pre-adoption fora or seminars.

In addition, foreign nationals shall submit the following:

10. Certification that the applicant(s) have legal capacity to adopt in his/her
country and that his/her country has a policy, or is a signatory of an
international agreement, which allows a child adopted in the Philippines by
its national to enter his/her country and permanently reside therein as his/her
legitimate child which may be issued by his/her countrys diplomatic or
consular office or central authority n intercountry adoption or any
government agency which has jurisdiction over child and family matters; or
in the absence of any of the foregoing, the Philippine Intercountry Adoption
Board may also certify that the Philippines and the applicants country have
an existing agreement or arrangement on intercountry adoption whereby a
child who has been adopted in the Philippines or has a pre-adoption
placement approved by the Board is allowed to enter and remain as
permanent resident in the applicants country as his/her legitimate child.

11. Certificate of Residence in the Philippines issued by the Bureau of

Immigration or Department of Foreign Affairs, as appropriate;

12. Two (2) character references from a non-relatives who knew the
applicant(s) in the country of which he/she is a citizen or was a resident prior
to residing in the Philippines, except for those who have resided in the
Philippines for more than fifteen (15) years;

13. Police Clearance from all places of residence in the past two years
immediately prior to residing in the Philippines.