You are on page 1of 16

DISTINCTIVE CHARACTERISTICS OF THE PHILIPPINE INTERCOUNTRY ADOPTION PROCESS

4TH Asia Pacific Regional Conference of the HccH 26 October 2011 Mandarin Oriental Hotel Manila, Philippines

8 January 2004 – Amendment of the Implementing Rules and Regulations 2 July 1996 Deposit of the Instrument of Ratification 1 November 1996 Entry into force of the ‘93 Convention .Background   29 May 1993 Signing of the ‘93 Convention 7 June 1995 Philippine Congress passes RA 8043 (Intercountry Adoption Act of 1995)     26 December 1995 – The Implementing Rules and Regulations on RA 8043 are passed.

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 .

Publication in a newspaper of general circulation c. Social Case Study Report 2. Written certification of media of the airing on three different occasions b. Proof of efforts to locate parents a. Birth certificate 4. Recent photograph of child upon admission to agency . Returned registered mail to the last known address of parents/relatives 3.RA 9523 Requirements for the issuance of Certificate that child is legally available for adoption 1.

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 of Child/ren in ROCM ICAB Secretariat Notifies CCA on PreMatching/Matching Conference Schedule . inclusion in ROCM If info/data complete/substa ntive .

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 8 .

MD Social Work Representative: Prof. DC Rafael Tinio Lawyer: Atty. Maria Socorro Evidente. Lyra del Castillo NGO Representatives: Sr.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. Maria Cielo Rondain Lawyer: Atty. Noel del Prado 9 . Muncada.

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.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. Search & Reunion) Not Accepted: notify CCA. for endorsement to 2nd PAP if available or rematching Acceptance/ Nonacceptance 10 .

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.