CONSULAR INFORMATION BULLETIN NO. 5, SERIES OF 1998
 
 
The Act Establishing the Rules to Govern Intercountry Adoption of Filipino Children (Intercountry Adoption Act of 1995)
 

Declaration of Policy:  It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will provide such child with love and care as well as opportunities for growth and development.  Towards this end, efforts shall be exerted to place the child with an adoptive family in the Philippines.  However, recognizing that intercountry adoption may be considered as allowing aliens, not presently allowed by law to adopt Filipino children if such children can not be adopted by qualified Filipino citizens or aliens, adoptions are allowed when the same shall prove beneficial to the child’s best interests, and shall serve and protect his/her fundamental rights.

Terms Defined as Used in the Act

• Intercountry Adoption - refers to the socio-legal process of adopting a 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.

• Child - means a person below fifteen (15) years of age unless sooner emancipated by law.

• Department - refers to the Department of Social Welfare and Development of the Republic of the Philippines

• Secretary - refers to the Secretary of the Department of Social Welfare and Development.

• Authorized and Accredited Agency - refers to the State welfare agency or a licensed adoption agency in the country of the adopting parents which provides comprehensive social services and which is duly recognized by the Department.

• Legally Free Child - means a child who has been voluntarily or involuntarily committed to the Department, in accordance with the Child and Youth Welfare Code.

• Matching - refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship.

• Board - refers to the Intercountry Adoption Board.

THE INTERCOUNTRY ADOPTION PROCESS

Who May be Adopted:  Any child who has been voluntarily or involuntarily committed to the Department as dependent, abandoned, or neglected pursuant to the provisions of the Child and Youth Welfare Code may be the subject of intercountry adoption;  provided that in case of a child who is voluntarily committed, the physical transfer of said child shall be made not earlier than six (6) months from the date the Deed of Voluntary Commitment was executed by the child’s biological parent(s).  The prohibition against physical transfer shall not apply to adoption by a relative or children with special medical conditions.

Who May Adopt:  Any foreign national or a Filipino citizen permanently residing abroad who has the qualifications and none of the disqualifications under the Act may file an application if he/she:

1. is at least twenty-seven (27) years of age;

2. is at least sixteen (16) years older than the child to be adopted at the time of the filing of the application, unless the applicant is the parent by nature of the child to be adopted or is the spouse of such parent by nature;

3. has the capacity to act and assume all the rights and responsibilities incident to parental authority under his/her national law;

4. had undergone appropriate counselling from an accredited counsellor in his/her country;

5. has not been convicted of a crime involving moral turpitude;

6. is eligible to adopt under his/her national law;

7. can provide the proper care and support and give the necessary moral values and example to the child and, in the proper case, to all his/her other children;

8. comes from an country (i) with whom the Philippines has diplomatic relations; (ii) whose government maintains a foreign adoption agency; and (iii) whose laws allow adoption; and

9. files jointly with his/her spouse, if any, who shall have the same qualifications and none of the disqualification to adopt as prescribed above.

Form of Application:  An application shall be in the form prescribed by the Board.  It shall include an undertaking under oath signed by the applicant to uphold the rights of the child under Philippine laws and the applicant’s national laws, the United Nations Convention of the Rights of the Child, and to abide by the provisions of the Act and all rules and regulations issued pursuant thereto.  The application shall include an undertaking that should the adoption not be approved, or if for any reason the adoption does not take place, the applicant shall pay for the cost of travel back to the Philippines of the child and his/her companion, if any.

Supporting Documents of Application:  The following documents, written and officially translated in English, shall accompany the application:

1. Family and Home Study reports on the family and home life of the applicant;

2. birth certificate of the applicant;

3. marriage contract of the applicant, or decree of absolute divorce, in the proper case;

4. written consent to the adoption by the biological or adopted children who are ten (10) years of age or over, witnessed by the social worker after proper counselling;

5. physical and medical evaluation by a duly licensed physician, and psychological evaluation by a psychologist;

6. latest income tax return or any other documents showing the financial capability of the applicant;

7. clearance issued by the police or other proper government agency of the place where the applicant resides;

8. character reference from the local church/minister, the applicant’s employer or a non-relative member of the immediate community who have known the applicant for at least five (5) years;

9. certification from the Department of Justice or other appropriate government agency that the applicant is qualified to adopt under their national law and that the child to be adopted is allowed to enter the country for trial custody and reside permanently in the said place once adopted; and

10. recent post-card size pictures of the applicant and his immediate family.

Fees, Charges and Assessments:  There shall be a fee of US$100 upon filing of the application and US$900 upon acceptance of the matching proposal for processing and operational expenses of the intercountry adoption program and other charges and assessments for child care and placement programs and services.  Fees for applicants for special needs children shall be a filing fee of US$100 and a processing fee of US$400.  Such fees, charges and assessments shall be indicated on the application form and communicated to all foreign adoption agencies.

Where to file Application:  The application shall filed with the Board through a foreign adoption agency in the country where the applicant resides.  In the case of a foreign national who has filed a petition for adoption in the Philippines under Article 184 of the Family Code but after hearing is found not to be qualified under any of the exceptions therein, the Regional Trial Court where the case is pending may determine if the petitioner is qualified to adopt under the Act and the Rules.  If the petitioner has all the qualifications and none of the disqualifications, the Court shall issue an order for inclusion of the petitioner, upon filing of the application and fee, in the Board’s Roster of Applicants, and shall direct the petitioner to submit a Deed of Voluntary Commitment of the child executed by the child’s parents in favor of the Department.

Roster of Applicants:  The Board shall act on each application and direct the Seretariat to include those approved in the Roster of Applicants within one (1) month from receipt thereof.

Endorsement of Child for Intercountry Adoption:  A child who  has been committed to the Department and who may be available for intercountry adoption shall be endorsed by the Board to the Department.  The endorsement shall contain a certification by the Department that all possibilities for adoption of the child in the Philippines have been exhausted and that intercountry adoption is in the best interest of the child.  The endorsement must be made within one (1) week after the transmittal of the child study report and other pertinent documents from the local placement committee for interregional matching.

Supporting Documents:  The following documents pertaining to the child shall be attached to the endorsement:

1. Child Study Report which shall include information about the child’s identity, upbringing, and ethnic, religious, cultural backgrounds, social environment, family history, medical history and special needs;

2. birth or foundling certificate;

3. decree of abandonment of the child, or the death certificate of the child’s parents, or the Deed of Voluntary Commitment executed after the birth of the child and after proper counselling as to the effect of termination of parental authority to ensure that consent was not induced by monetary or other consideration;

4. medical evaluation or history, including that of the child’s biological parents, if available;

5. psychological evaluation, as may be necessary; and

6. child’s own consent if he/she is ten(10) years or older, witnessed by a social worker of the child caring/placing agency and after proper counselling.

Matching:  The matching of  the child to an applicant shall be carried out during a matching conference before the Committee participated in by the executive director or social worker of the child caring agency or the social worker of the Department in case of adoption by a relative.  The Board shall set the guidelines for the manner by which the matching process shall be conducted and shall include among others the following:

1. matching proposal;

2. filing of matching proposal;

3. presentation by social worker;

4. deliberations;

5. Committee action (approval, disapproval or deferment);  and

6. motion for reconsideration.

Approval of Matching:  The Committeee shall endorse the matching proposal to the Board for its approval or other appropriate action.  The endorsement shall state the reasons for the Committeee’s recommendation on the placement.

Board Action on Approved Matching:  The Board shall immediately act on the matching proposal of the Committee.  If the same is approved, a notice of matching shall be sent to the concerned foreign adoption agency with five (5) days from date of approval and shall be accompanied by the following documents:

1. Child Study Report;

2. health certificate and medical history of the child;

3. recent photographs of the child; and

4. itemized pre-adoptive placement costs.

The applicant shall notify the foreign adoption agency in writing of his/her decision on the matching proposal within fifteen (15) calendar days from receipt of said proposal unless the applicant requests for additional information about the child.  The matching proposal shall be deemed rejected if the applicant, through the foreign adoption agency, fails to notify the Board of his/her decision within fifteen (15) days from receipt of the notice.

No Contact Between Applicant and Child’s Parents:  No matching arrangement except under these rules shall be made between the applicant and the child’s parent/guardians or custodians, nor shall any contact between them concerning a particular child be done before the matching proposal of the Committee has been approved by the Board.  This prohibition shall not apply  in cases of adoption of a relative or in exceptional cases where the child’s best interest, as determined by the Board, is at stake.

Placement Authority:  Upon receipt of the applicant’s acceptance of the matching proposal and confirmation of the pre-adoptive plans presented by the foreign adoption agency, the board shall issue the Placement Authority within five (5) working days.  A certified excerpt of the Minutes of the meeting of the Committee approving the matching shall be attached to the Placement Authority and shall form part of the records of the child.

Copy of the Placement Authority shall be transmitted to the Department of Foreign Affairs and to the foreign adoption agency.

Pre-adoptive Placement Costs: Upon acceptance of the matching proposal, the applicant, through the foreign adoption agency, shall pay for the expenses incidental to the pre-adoptive placement of the child, including the cost of the child’s travel and medical and psychological evaluation and other related expenses.  Under exceptional circumstances, the Board my defray the costs subject to reimbursement.

Pre-departure Preparation of the Child: After issuance of the Placement Authority and prior to departure abroad, the child shall be given the necessary preparation and guidance by the child caring/placing agency which submitted the matching proposal or by the social worker of the Department in case of adoption by a relative, in order to minimize the trauma of separation from the person with whom the child may have formed attachments and to ensure that the child is physically able and emotionally ready to travel and to form new relationships.

Fetching the Child by Applicant: The applicant shall personally fetch the child from the Philippines  not later than thirty (30) days after notice of issuance of the visa of the child for travel to the country where the applicant resides.

The unjustified failure of the applicant to fetch the child within said period shall result in the automatic cancellation of the Placement Authority.

Transfer of Custody of the Child: Trial custody shall start upon actual physical transfer of the child to the applicant who, as actual custodian, shall exercise substitute parental authority over the person of the child.  In all cases, the foreign adoption agency shall supervise and monitor the exercise of custody by maintaining communication with the applicant from the time the child leaves the Philippines.

Supervision of Pre-adoptive Placement: The foreign adoption agency shall be responsible for the pre-adoptive placement, care and family counselling of the child for at least six (6) months from the arrival of the child in the residence of the applicant.  During the period of pre-adoptive placement, the foreign adoption agency shall furnish the board with bi-monthly reports on the child’s health, psycho-social adjustment and relationships which the child has developed with the applicant including the applicant’s health, financial condition and legal capacity.  The Board shall furnish the child’s home agency a copy of the report.

Emergency Report:  During the trial custody period, the foreign adoption agency shall notify the Board of any incident that may have resulted in a serious impairment of the relationship between the child and the applicant or of any serious ailment or injury suffered by the child, as soon as possible by not later than seventy-two (72) hours after the incident or the discovery of the ailment or injury.

Termination of Pre-adoptive Relationship:  If the pre-adoptive relationship is found unsatisfactory by the child or the applicant, or both, or if the foreign adoption agency finds that the continued placement of the child is not in the child’s best interests, said relationship shall be suspended by the Board and the foreign adoption agency shall arrange for the child’s temporary care.  No termination of pre-adoptive relationship shall be made unless it is shown that the foreign adoption agency has exhaused all means to remove the cause of the unsatisfactory relationship which impedes or prevents the creation of a mutually satisfactory adoptive relationship.

New Placement for Child: In the event of termination of the pre-adoptive relationship, the Board shall identify from the Roster of Applicants a qualified family to adopt the child with due consideration suitability and proximity.  In the absence of any suitable family in the Roster of Applicants, the foreign adoption agency may propose a replacement family whose application shall be filed for the consideration of the Board.  The consent of the child shall be obtained in relation to the measures to be taken under this Section, having regard in particular to his/her age and level of maturity.

Repatriation of the Child:  the child shall be repatriated as a last resort if found by the Board to be in his/her best interests.  If the Board in coordination with the foreign adoption agency fails to find another placement for the child within a reasonable period of time after the termination of the pre-adoptive relationship, the Board shall arrange for the child’s repatriation.  The Board shall inform the Department, the child caring/placing agency and the Department of Foreign Affairs, of the decision to repatriate the child.

Consent to Adoption:  If a satisfactory pre-adoptive relationship is formed between the applicant and the child, the Board shall transmit the written consent to the adoption executed by the Department to the foreign adoption agency within thirty (30) days after receipt of the latter’s request.

Filing of Petition for Adoption:  The applicant shall file the petition for the adoption of the child with the proper court or tribunal in the country where the applicant resides within six (6) months after the completion of the trial custody period.

Decree  of Adoption:  A copy of the final decree of adoption of the child, including the certificate of citizenship/naturalization whenever applicable, shall be transmitted by the foreign adoption agency to the Board within one (1) month after its issuance.  The copy of the adoption decree shall form part of the records of the Board which shall require the recording of the final judgement in the appropriate local and foreign Civil Register.

Dismissal of the Petition for Adoption:  In case of dismissal by the foreign tribunal of the petition for adoption filed by the applicant, the procedures under Section 45, 46, and 47 shall apply.

Post-Adoption Services:  The Board shall establish a program of post-adoption services in cooperation with local child caring and child placing agencies and foreign adoption agencies.

SOURCE:  The Intercountry Adoption Act of 1995 (Republic Act No. 8043)
 
 For further details/clarifications, prospective adoption applicants may communicate directly with:  the Honorable Secretary (Ex-Officio Chairman of the Intercountry Adoption Board), Department of Social Welfare and Development, Batasang Pambansa Complex, Quezon City, Metro Manila, Philippines

British prospective adoption applicants may also seek advice from:  Overseas Adoption Helpline, First Floor, 34 Upper Street, London N1 OPN (Tel. No. 0171-226-7666; Fax No. 0171-704-2387) or International Social Services of Great Britain, 39 Brixton Road, Londodn SW9 (Tel. No.  0171-735-8941

Adoption Section, Department of Health, Wellington House, SC3B  Rm. 121, 133-155 Waterloo Road, London SE1 8UG (Tel. No. 0171-972-2000)
 

CONSULAR SECTION, EMBASSY OF THE PHILIPPINES, 28 SEPTEMBER 1998