2 LEGAL WAYS TO ADOPT

IN THE PHILIPPINES
2 LEGAL WAYS TO ADOPT IN THE PHILIPPINES

■ RA 8552 (Domestic Adoption of 1998)

■ RA 8043 (Inter-Country Adoption Act of 1995)
 R.A. 8552
POLICIES of Domestic Adoption
1. General Rule:
a) care custody parents
b) extended family placement or adoption
2. Prevent hurried decisions to relinquish parental authority
3. Prevent unnecessary separation from biological parents
4. Privacy of adoptive parents
5. Inter-Country adoption as last resort
 DOMESTIC ADOPTION

PRE-ADOPTION
1. General Rule : bar to adoption plan before birth
2. “three month” grace period – to reconsider relinquishment
3. Counseling – crucial for biological parents, PAPs and adoptee
4. Exhaust efforts to locate biological parents; if none-declare
foundling
 DOMESTIC ADOPTION
WHO MAY ADOPT
1. Filipino Citizen
a) Age - legal (18 yrs. old)
b) Capacity
i) full civil capacity and legal rights
ii) good moral character
iii) no conviction of crime involving moral turpitude
iv) emotional and psychological capable of caring
v) able to support in keeping with means of the family
c) Age difference – at least 16 years older
1) Exceptions:
(i) if the adopter is the biological parent
(ii) if the adopter is the spouse of the adoptee’s parent
 DOMESTIC ADOPTION
WHO MAY ADOPT
2. Alien
a) – (c) same qualification as Filipinos
b) diplomatic relations with the Philippines
c) 3 years continuous residence - before filing and maintains residence
until the decree is entered
d) Certification
- by adopter’s government on legal capacity to adopt
- that adoptee is allowed entry as son/daughter
Exceptions to (d):
1) if the adopter is a former Filipino citizen seeking to adopt relative within
the fourth degree of consanguinity/affinity.
2) If the adopter seeks to adopt the legitimate son/daughter of his/her
Filipino spouse.
3) If the adopter is married to a Filipino citizen and seeks to adopt jointly
with the spouse a relative within 4th degree of consanguinity/affinity of
the spouse.
 DOMESTIC ADOPTION
WHO MAY ADOPT
Rules:
- Guardian
Note: After termination of guardianship and clearance of the financial
accountabilities.

- Husband and Wife

a) General Rule: joint adoption (joint parental authority)
b) Exception:
i) adoption of the legitimate son/daughter of other spouse
ii) adoption of one’s own illegitimate son/daughter (joint parental
authority) - consent of other spouse needed.
iii) spouses are legally separated
 DOMESTIC ADOPTION
WHO MAY BE ADOPTED
1. Below 18 yrs. Old and declared available for adoption
2. Legitimate son/daughter of one spouse
- even if beyond 18 yrs. old
3. Illegitimate son/daughter
- even if beyond 18 yrs. old
4. One of legal age but treated as own child since minority
5. Child with rescinded adoption
6. Child whose parents are dead
- 6 months-bar to any proceedings
 DOMESTIC ADOPTION
Written CONSENTS REQUIRED
1. Adoptee – 10 years or over
2. Biological parent(s)/guardian/proper government instrumentality
3. Legitimate and adopted son/daughters, 10 years or over, of
adopter and adoptee
4. Illegitimate sons/daughters, 10 years or over, of adopter, if living
with adopter and latter’s spouse
5. Spouse of adopter or adoptee
 DOMESTIC ADOPTION
DOCUMENTS REQUIRED from PAPS
1. Authenticate 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 of Statement of Assets and Liabilities;
7. Three (3) character references, e.g. 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. 3 x 5 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
 DOMESTIC ADOPTION
In addition, FOREIGN NATIONALS shall submit the following:
10. Certification that the applicant(s)-
11. -have legal capacity to adopt in his/her country and
12. -that PAPs country allows a child adopted in the Philippines to enter PAPs
Country & permanently reside therein as PAPs legitimate child, may be issued by
PAPs country’s diplomatic/consular office or central authority on inter-country
adoption or any government agency which has jurisdiction over child and family
matters; or, in the absence of any of the foregoing, the Philippine ICAB may also
certify that the Philippines and the applicants’ country have an existing agreement
on inter-country 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.
13. Certificate of Residence in the Philippines issued by the Bureau of Immigration or
Department of Foreign Affairs, as appropriate;
14. Two (2) character references from 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;
15. Police Clearance from all places of residence in the past two years immediately
prior to residing in the Philippines.
 R.A. 8552 & R.A. 8043

Documentary Requirements of the child:

a) Child Study
b) B/C or Foundling certificate
c) DVC/Death Certificate of Parents
d) Certificate of Legally Free For Adoption
e) Medical Evaluation/History
f) Psychological Evaluation
g) Photo
h) For ICA- Certification from the DSWD that the child has gone through the
domestic adoption process & there are no PAPs
 DOMESTIC ADOPTION
1. Where To File Application For Adoption
2. 1.Department of Social Welfare and Development (DSWD)
3. 2.Child Placing Agencies

Where To File Petition for Adoption

- Regional Trial Court (RTC)
 Overview of Domestic & Intercountry Adoption Placement

Referral of child to
- DSWD RSCC
- Child Caring/Placing Agencies (CCA/CPA)

Processing with DSWD of:

Declaration of Abandonment
Deed of Voluntary Commitment

Preparation of Child Study

Report Recommending for
Adoption Services

Successful Matching for Local Failure

(Regional) Adoption

Matching for
Failure Successful
Local Inter-
Adoptive Regional
Placement Adoption
Available for Inter-
Country Adoption –
issuance of ICA Local
Clearance by DSWD Adoptive
Soc Tech Bureau Placement
 R.A. 8043
2 International Instruments which provided the
framework for the ICA law of the Philippines
I) UN Convention on the Rights of the Child
⮚ Survival, Protection, Development and Participatory Rights of a Child
⮚ Recognized Intercountry Adoption as an alternative means of child
care
II) Hague Convention on the Protection of Children and Cooperation In
Respect to Inter-Country Adoption
Ratified by the Philippines : January 8, 1996
Entered in Force : November 2, 1996
⮚ Child is entitled to grow up in a family environment
⮚ ICA may offer the advantage of a PERMANENT FAMILY for
whom a SUITABLE FAMILY CANNOT BE FOUND IN HIS/HER
STATE OF ORIGIN (Subsidiarity Principle )
▪ Ensures child’s BEST INTERESTS and RESPECT for
Child’s FUNDAMENTAL RIGHTS
▪ Prevent ABDUCTION, SALE of or TRAFFIC in CHILDREN
 INTER-COUNTRY ADOPTION
POLICIES
a) To provide every neglected and abandoned child with a family
b) To exert efforts to place the child with an adoptive family in the
Philippines (principle of exhaustion: legally free” child vs. Hague principle
of subsidiarity )
c) To allow inter-country adoption if beneficial to the best interests of the
child and if it will serve and protect his/her fundamental rights

1. Underlying Principles:
2. ICA as Last Resort; tests
■ Exhaustion of possibilities or local adoption and that ICA is for the best
interest of the child.
3. Legally-free Child as subject of adoption
 INTER-COUNTRY ADOPTION
STRUCTURE of ICAB
1. BOARD
a. Central Authority: policy making body
b. Mandate (in relation to Sec. 6 on powers and functions)
i. prevent child abuse, exploitation, trafficking, etc.
ii. keep confidential information
iii. facilitate completion of adoption
iv. prevent improper practices
v. accredit and license CCAs
vi. accredit and authorize FAAs
vii.provide guidelines on ICPC, matching, fees, application forms
viii.promote adoption services, including post-legal adoption
services
ix. prepare and recommend to DFA MOA on inter-country adoption
x. assist concerned agencies and courts in implementing this law
 INTER-COUNTRY ADOPTION
2. Composition: Chair and 6 members: 6 years term: non
renewable
a. DSWD Secretary – ex-officio
b. Psychiatrist or psychologist – (now from NMH)
c. Lawyer – (now from OSG)
d. Lawyer – (now from private practice)
e. NGO Representative – (now from APF)
f. NGO Representative – (Now from CCA)
g. Registered Social Worker – (now from Academe)

3. 2. INTER-COUNTRY PLACEMENT COMMITTEE (ICPC)

b. Functions:
c. 1. Recommend to Board approval of PAPs application &
matching proposals;
d. 2. Assists Board in accreditation function,
e. 3. Act as consultants to Secretariat in fields of expertise,
f. 4. Perform other functions as determined by the Board
ICPC

■ Composition: 2 teams
■ 1. Child psychiatrist or psychologist
■ 2. Medical doctor
■ 3. Lawyer
■ 4. Registered Social Worker
■ 5. NGO Representative engaged in child welfare

■ 3. SECRETARIAT
■ Functions:
■ 1. Provide secretariat support to the Board & ICPC
■ 2. Review and process applications, matching proposals,
placements, accreditation and authorization applications and
other documents requiring Board action
SECRETARIAT

■ 3. Facilitate and maintain communication with all partners

involved in intercountry adoption e.g. GOs, NGOs, CAs, FAAs,
etc.
■ 4. Perform such other functions as may be determined by the
Board.

■ Composition:
■ 1. Executive Director
■ 2. Support Staff
 INTER-COUNTRY ADOPTION
WHO MAY ADOPT
a) Alien or Filipino citizen permanently residing abroad
b) At least 27 years and at least 16 years older than the child to be adopted
⮚ exception: if adopter is parent by nature of the child or spouse of such
parent
c) Joint adoption, if PAPs are married
d) Capacity to act and assume all rights and responsibilities of parental
authority under his/her national laws
e) Counseling from accredited counselor
f) Not convicted of a crime involving moral turpitude
g) Eligible to adopt under his/her national law
h) Able to provide proper care and support
i) Agrees to uphold basic rights of the child (e.g. CRC and other Philippine
laws)
j) State of nationality with diplomatic relations with R.P.
k) Qualified to adopt under Philippine laws
 INTER-COUNTRY ADOPTION
WHERE TO FILE APPLICATION FOR ADOPTION
a) RTC with jurisdiction over the child, or
b) ICAB through FAA/government agency in PAPs country

c) WHERE TO FILE PETITION FOR ADOPTION

d) - IN THE COUNTRY WHERE PAPs SUBMITTED THEIR APPLICATION FOR ADOPTION

SUPPORTING DOCUMENTS of PAPs

1. Birth Certificate
2. Marriage Contract/Divorce Decree
3. Written Consent of children above 10 years of age
4. Physical Medical and Psychological evaluation – duly licensed physician and
psychologist
5. Income Tax Returns
6. Police Clearance
7. Character References – church, employer and immediate community (5
years)
8. Post Card size pictures
 Application Process of PAPs in ICA

Application with ICAB through

Accredited Foreign Adoption
Agency

Home Study Report (HSR) &

Supporting Documents (SDs) of
Adoptive Parents

Initial Screening HSR & SDs by

ICAB Secretariat Social Worker

Review/Evaluation of HSR & SDs

and Recommendation of ICPC

Deferment of Approval- Disapproval by ICAB

inadequate/incomplete
information HSR or Approval by ICAB
lacking SDs

Inclusion in Roster of Return of Dossier to

Approved Applicants Parents CA/FAA/GAA
 INTER-COUNTRY ADOPTION
Areas of Concern
Concern
1. The Child Study Report
(CSR), DVC and other
supporting documents
indicate only the first and
surnames of the child but
in the Birth Certificate the
child has a middle name.
2. Date of Birth if the child is
a foundling
Issue Recommendation
There are European To write the child’s full name
countries which are very strict in all documents e.g. Juan
with the child’s name. If the Reyes de la Cruz
child’s name is incomplete in
any document, the ICAB is
required to submit an affidavit
attesting to the child’s
complete name.
Given date of birth is Date of Birth: Approximation
inconsistent with the of the child’s age should be
approximate age when the aided by dental assessment
child was found as stated in
the Foundling Certificate. The
inconsistency delays
matching as the CSR has to
be revised.
 INTER-COUNTRY ADOPTION
Areas of Concern
Concern Issue Recommendation
3. Birth mother is a minor and DSWD is bound by law (Art. Efforts done to separate the
was sexually abused XI, Sec. 27 of RA 7610) to file minor from the abuser should
a complaint on cases of be indicated in the Child
unlawful acts committed Study Report. Likewise, if a
against children case has been filed against
the abuser.

4. A guardian signs the DVC
instead of the birth mother
because the latter is a
minor or mentally
incapacitated.
There is no explanation in the
Child Study Report why
another person is signing for
the mother.
The reason why the guardian
is signing for the mother
should be indicated in the
CSR; DVC should include a
statement why guardian is
signing.

5. The Birth father
acknowledged his
paternity even if he is not
married to child’s mother.
An unmarried birth father who
acknowledges his paternity is
not required by law to sign
the DVC
The Birthfather if available &
willing may be asked to sign
the DVC. Information about
him should be included in the
CSR.
 INTER-COUNTRY ADOPTION
Areas of Concern
Concern
6. Format of the DVC
Issue Recommendation
Not all use the standard Use the revised DVC as of
format for DVC May 2009 which states that
DVC becomes irrevocable
three (3) months after the
execution of the DVC

7. prescriptive period for DVC When does a SW start DSWD to provide guidelines
is three months processing the child’s
papers?
 INTER-COUNTRY ADOPTION
REMINDER:
a) Deed of Voluntary Commitment (DVC)
⮚ Check if the DVC was legibly signed by the biological mother and duly notarized
⮚ Check the date of the notarization of the DVC (Definitely, must not be before the
mother has signed)
⮚ If the biological mother is a minor (less than 18 yrs. Old), the DVC must also be
signed by her parent/guardian
⮚ Child can be presented for matching with the ICPC only if the DVC had been
signed for three mos. already
⮚ For relative adoption, the three mos. prohibition against physical transfer does
not apply, hence child can be matched anytime (of course, depends on the
schedule of the secretariat)
b) Certificate That The Child Is Legally Free For Adoption
⮚ Must be issued by the DSWD
c) Birth Certificate of the Child
⮚ Must be a certified true copy duly signed by the parent(s)
d) Affidavit of Consent of the child sought to be adopted if he/she is 10 years
old or older, signed also by a social worker of the child caring/placing
agency
 INTER-COUNTRY ADOPTION
The Benefits of Adopting the ICAB Way
For aliens or Filipino citizens permanently residing abroad
adopting a child the ICAB way is now preferred to domestic
adoption because of its clear benefits.
a) The waiting period is shorter. On the average, it takes just a little more
than a year from the time you signify your intention to adopt.
b) You don’t have to establish residency in the Philippines because the
process of inter-country adoption begins in your home country. You also
don’t have to come to the Philippines until you are matched with a child
and the child is ready for pick up. This means your life is not disrupted
while your request to adopt a child is being processed.
c) You don’t have to go through the legal system in the Philippines, an
experience that can be tedious, convoluted and expensive. (You will,
however, go through the legal system in your home country where you
have to finalize the adoption.)
 INTER-COUNTRY ADOPTION
The Benefits of Adopting the ICAB Way
d) You won’t have to pay lawyers’ fees in the Philippines because this is not
a legal process but an administrative one.
e) The ICAB fees are fixed and cheaper than those of many neighboring
countries from where children can be adopted.
f) You have to deal with only one agency in the Philippines — the ICAB —
eliminating the runaround that is so frustrating and heartbreaking for
would-be parents.
g) ICAB’s historical and medical records of the child are as complete and
up-to-date as possible, which will help if, for example, the child wishes to
learn more about his or her biological parents or if the child develops an
illness that would need information for treatment.
 INTER-COUNTRY ADOPTION UNDER HAGUE CONVENTION ON THE
PROTECTION OF CHILDREN AND COOPERATION IN RESPECT OF
INTERCOUNTRY ADOPTION

State of Origin (SO) Receiving State (RS)

Establish Adoptability Establish Eligibility &

of Child Suitability of PAP
------------------
Transmit report to CA
Matching of child to PAP after of State of Origin
review/ acceptance of report
--------------------------------------
Transmit report of child to CA Review/acceptance/non acceptance by PAP
of Receiving State --------------------------------------
If accepted applies for entry of child to
Receiving State
--------------------------------------
Acceptance of decision of PAP
If not accepted, returns child’s dossier to CA

Adoption finalized Transfer of child to Recognition of adoption

Receiving State

Transfer of child to PAP in the Placement of child:

Receiving State Probationary period

Recognition of adoption Adoption

 OVERVIEW OF THE MATCHING PROCESS

Roster of Children for Roster of Adoptive

Adoption Parents

Child Study Report Home Study Report

Evaluation by child Caring Agencies

Social Worker

Submission of Matching Proposals by

Child Caring Agencies to ICAB

ICAB Processes Matching Proposal into

Agenda for Matching Conference with
the ICPC

Matching Proposal deliberated upon by

ICPC during the Matching Conference

Matching Proposals collectively

endorsed by the ICPC to Board

Matching Approved and Endorsed to the Matching Disapproved by the Board CCA
CA/FAA/GAA of PAPs inclusive of CSR, notified of disapproval Schedule re-
Medical Report, Picture of the child matching of child’s case
2 LEGAL WAYS TO ADOPT
IN THE PHILIPPINES

By:
Atty. Gwendolyn P. Gana