Philippine Inter-Country Adoption

Before we go into the process of Philippine inter-country adoption, let us first discuss two important matters relevant to it, namely: a) who may be adopted; and b) who can adopt.

Only a legally-free child may be adopted by a foreigner. Legally-free child means one who is certified by the Department of Social Welfare and Development (DSWD) to be legally available for adoption.(Republic Act 9523)

A foreigner must meet the following requirements in order to be qualified to adopt in the Philippines under the Inter-Country Adoption Act:

1. At least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application
2. exception: if the adopter is the parent by nature of the child to be adopted or the spouse of such parent, he/she is not required to meet the above age requirement;
3. If married, his/her spouse must jointly file for the adoption;
4. With capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his/her country;
5. Not convicted of a crime involving moral turpitude;
6. Eligible to adopt under his/her national law;
7. In a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child to be adopted;
8. Agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act;
9. 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; and
10. Possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws

The following is the step-by-step process a foreigner will undergo in Philippine inter-country adoption as prescribed by the law’s implementing rules and regulations:

The foreigner may file an application either in the Philippine Inter-Country Adoption Board (ICAB) or in an accredited Foreign Adoption Agency (FAA) in the country in which he/she resides. In case filing is made at ICAB, the Board must act on the application within one (1) month from receipt thereof, provided all documentary requirements are complete.

The endorsement basically contains a certification that all possibilities for adoption of the child in the Philippines have been exhausted and that inter-country adoption is in his/her best interests.

In cases of adoption by a relative, a Certification issued by the DSWD Field Office Director together with the Child Study Report (CSR) and other supporting documents shall be endorsed to the Board.

A matching conference will be conducted by the Inter-country Adoption Committee (Committee) wherein deliberations shall be made regarding the proposed matching.

Consequently, the final matching proposal will be endorsed to the Board for approval or other appropriate action.

If the same is approved, a notice of matching shall be sent to the concerned Central Authority (CA) or the foreign adoption agency (FAA) within five (5) days from the date of approval, accompanied by the pertinent documents.

The foreigner applicant, on the other hand, must notify in writing the CA or the FAA of their decision on the matching proposal within fifteen (15) working days from receipt of said proposal.

If the applicant needs additional information about the child and/or they need more time to arrive at a decision, an extension of thirty (30) working days may be granted.

Within three (3) working days upon receipt of the applicant’s acceptance of the matching proposal and the corresponding fees from the CA or the FAA, the Board shall issue the Placement Authority.

The Board shall also transmit a copy of above Authority to the Department of Foreign Affairs and back to the CA or FAA.

The child shall then be prepared for his/her placement by the concerned Child Caring/Placing Agency. Said preparation aims to minimize the anxiety and trauma caused by the his/her separation from the persons he /she may have formed previous attachments. Further, the preparation also ensures the child’s physical and emotional readiness to embark on a new environment.

The foreigner adoptive parents must personally fetch the child from the Philippines within twenty (20) working days after notice of the issuance of the child’s visa. Further, the applicant must also stay here with the child for at least five (5) days from arrival in order to allow a time for bonding between both parties.

CAVEAT: In case the applicant is unable to fetch the child within above period, a letter from the CA or FAA explaining such failure is required. Absence of such authority may result in the cancellation of the Placement Authority.

Trial custody shall start upon the physical transfer of the child to the applicant who, as custodian, shall exercise substitute parental authority over his/her person.

The CA and/or the FAA of the State to which the child has been transferred shall supervise and monitor the placement of said child. They are tasked to maintain communication with the applicants from the time the child leaves the Philippines until the time adoption is finalized.

The FAA shall also be responsible for the pre-adoptive placement, care and family counselling of the child for at least six (6) months from his/her arrival in the residence of the applicant/s, when applicable.

Adoptions by relatives are subject to the same requirements under this Section.

If a satisfactory pre-adoptive relationship is formed between the applicant/s and the child, the Board shall transmit an Affidavit of Consent to the adoption, executed by the DSWD to CAA and/or the FAA within fifteen (15) days after receipt of the last post placement report.

The CAA and/or the FAA shall ensure that the applicant/s file the appropriate petition for adoption of the child in the proper venue set forth in the laws of his country.

Within one (1) month after its issuance, a copy of the final Decree of Adoption or its equivalent, including the Certificate of Citizenship/Naturalization, whenever applicable, shall be transmitted by the Central Authority and/or the FAA to the Board.

The Board shall in turn, require the recording of the final judgment in the appropriate Philippine Civil Registry.