-RA 8043-

Inter-Country

Estrella. Licup. Paris. Tinimbang

Background
The Board
Who may adopt?
Who may be adopted?
What documents?

What is the procedure?
What are the penalties?
Questions

Inter-country 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 adoptions
issued outside the Philippines

R.A. 8043
Approved on June 7, 1995
Welfare of the children is a paramount concern of
the country
Policy prefers an adoptive family in the Philippines
Inter-Country adoption will only be allowed if it
proves to be more beneficial for the child
Last Resort

Haque Convention
o Hague Convention on the Protection of Children
and Co-operation in respect of Inter-country
Adoption
o R.A. 8043 was enacted in accordance to the
Hague Convention
o It lays out guidelines for signatory countries
to follow with respect to Inter-Country
adoption

Background
Established in order to stand as the policy-making
authority with regards to inter-country adoption.
It was established on the onset of the
promulgation of the R.A., and continues to exist to
this day, in order to carry out the provisions of the
act associated with its functions.

Functions and Duties

The functions of the Inter-Country Adoption Board spans
not only from mere policy-making, but also encompasses
coordination with the Department, of Social Welfare and
Development, the child-care and placement agencies
sourced to look after the children placed into the states
custody, as well as the adoption agencies. They also must
maintain similar rapport with the non-government agencies
and organizations that practice the same.

Functions and Duties

The board shall have the following functions:

a) To prescribe rules and regulations as it may deem necessary to carry

out the provisions of R.A. 8043, after the board has undergone
consultations, and received recommendations from the different
agencies concerned with the welfare, placement and adoption of the
children in question.
b) To set the guidelines for the convening of the Inter-country
Adoption Placement Committee, which shall be under the direct
supervision of the board

Functions and Duties

The board shall have the following functions:

c) To set guidelines for the selection and/or matching of

prospective parents and children in the adoption process
d) To determine a schedule of fees and charges that will be
reasonable
that will be collected in connection with the
application for adoption.
e) The contents and the form of the application for inter-country
adoption shall be determined by the Inter-country adoption
board.

Functions and Duties

The board shall have the following functions:

f) To create and develop policies, programs and services that will

protect the children from abuse, exploitation, trafficking and
adoption practices which are harmful to their best interests.
g) To create systems and procedures that will prevent improper
financial gain in connection to adoption, and to prevent improper
practices which are contrary to the spirit of the Act.
h) To promote development of the adoption services, including
post- legal adoption services

Functions and Duties

The board shall have the following functions:

i)

To accredit and authorize foreign private adoption agencies

which have shown professionalism and competence,
consistently pursued non-profit objectives, engaged in the
placement of Filipino children in their own country; provided,
that such foreign adoption agencies are duly authorized and
accredited by their own government to conduct inter-country
adoption; and that the number of accredited foreign private
adoption agencies shall not exceed one hundred a year.

Functions and Duties

The board shall have the following functions:

j)

To take necessary measures to ensure the confidentiality of the

records of the child, their natural parents and the adoptive parents
at all times;

k) To prepare, review, modify and recommend to the Department of

Foreign Affairs, appropriate Memoranda of Agreement on intercountry adoption consistent with the implementation of this Act
and its stated goals, entered into, between and among the
Philippines and foreign governments, international organizations and
recognized international non-governmental organizations;

Functions and Duties

The board shall have the following functions:
l) To assist other such concerned

agencies and the courts in

the implementation of this Act, particularly in the
coordination with foreign persons, agencies and other entities
involved in the process of adoption and the physical transfer
of the child.

m) To perform other functions on matters relating to intercountry adoption as may be determined by the President of
the Republic of the Philippines.

Positions

The board consists of the following members:

1. The ex-officio Chairman of the Board (Secretary of the Department)

2. Six members chosen by the Chief Executive, consisting of the
following:
o 1 Psychiatrist or Psychologist
o 2 Lawyers with at least, the qualifications of a regional trial
court judge
o 1 Registered Social Worker
o 2 Representatives from non-government organizations that
engage in the care and placement activities

Positions
Note: Each member shall receive a
per diem allowance of 1500 Philippine
Pesos for each meeting they attend. A
maximum of four meetings a month will
be compensated, and no more.

Summary

Inter-country adoptions is deemed to be the last

resort, and the Board shall ensure that all other
possibilities for the adoption of the child under the
Family Code have been exhausted. It must also be
determined that Inter-country adoption is in the best
interest of the child.
The board shall set guidelines in order to ensure that
the childs best interest is paramount.

Summary
The maximum number of 600 children
per annum shall be allowed for foreign
adoption on the first five years from the
promulgation of this act.

Any foreign national or Filipino citizen permanently residing

abroad who has the qualifications:

1. At least twenty-seven (27) years; at least sixteen

(16) years older than the child. UNLESS : applicant
is the parent by nature
2. Capacity to act and assume all rights and
responsibilities
3. Undergone counseling from accredited counselor

4. Not been convicted of a crime involving

moral turpitude
5. Eligible to adopt under his/her national law;
6. Can provide proper care and support, give
necessary moral values and example to
the child, and in proper case, to all his or
her other children;

7. Comes from a country:

a. Diplomatic relations
b. Government maintains a foreign adoption
agency; and
c. Whose laws allow adoption; and
8. Files jointly with his/her spouse, who shall have the
same qualifications and none of the disqualifications
to adopt as prescribed above.

The law provides that 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 Inter-Country Adoption

Requisites:
o Filipino child
o Below fifteen (15) years of age
o Voluntarily or involuntarily committed
to the Department as dependent,
abandoned or neglected

Exceptions to the requisites:

o The child is part of a sibling group, where one or more is
below 15 years old;
o If the application for adoption of a child was filed
before the child reached the age of 15;
o Special Home Finding was initiated before the
childs 15thbirthday; and
o Other situations where the intent to adopt
was manifested before the child reached 15.

Note:

In case of relative adoption, a child

w i t h i n t h e 4 t h d e g r e e o f
consanguinity or affinity shall be
subject to inter-country adoption.

Note:

In case of a child who is voluntarily committed, the

physical transfer of said child shall be made not earlier
than six months from the date of execution of the
Deed of Voluntarily Commitment by the childs
biological parent/s or guardian
This prohibition against physical transfer shall not
apply to children with special medical conditions

The following are needed to be adopted:

a. Child study
b. Birth certificate/foundling certificate
c. Deed of voluntary commitment/decree of
abandonment/death certificate of parents
d. Medical evaluation/history
e. Psychological evaluation (as necessary)
f. Recent photo of the child

o Prescribed by the board which includes:

Undertaking under oath signed by the applicants
Information and Personal Data of the applicants

o Prepared by the Central Authority or an ICAB

accredited Foreign Adoption Agency

The following supporting documents should be

WRITTEN and officially TRANSLATED IN ENGLISH:
1. Birth Certificate of Applicants
2. Marriage Contract, if married, divorce decree, if applicable
3. Written consent, in a sworn statement, of their biological
or adoptive children above ten years of age
4. Physical, medical, and psychological evaluation by a duly
licensed physician and psychologist

5. Income tax returns or any document showing the financial

capability of the applicant(s)
6. Police clearance of applicant(s)
7. Character reference from the following who have known the
applicant(s) for at least 5 years:
1) Local church/ minister
2) Applicants employer
3) Member of the immediate community
8. Recent postcard-size pictures of the applicant(s) and his/her
immediate family

9. A Certification from the appropriate government agency

that the applicant is qualified to adopt under his/her 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;
10. Self-Report Questionnaire (required when the Psychological
Evaluation is inadequate).

Filing of
Application

Approval of
Applicants

Matching
Adoption
Decree

Trial
Custody

The Application | Where do I file it?

It may be filed in any of the following:
1. Philippine Regional Trial Court having jurisdiction over the
child
2. The Inter-Country Adoption Board (ICAB)
3. Through a Foreign Adoption Agency, authorized by the
ICAB, in the country of the prospective adoptive parents
4. Through a Government Adoption Agency, authorized by the
ICAB, in the country of the prospective adoptive parents

Matching Judicious paring of the

applicant and the child to promote a mutually satisfying
parent-child relationship.

How is the matching done?

The matching carried out through a MATCHING CONFERENCE. The approved

applicant will be matched from the roster of children cleared for intercountry adoption

Pre-Matching

Matching
Conference

PostMatching
Conference

Matching Proposal
Deliberation
Approved

Disapproved

Notice of Matching
Placement Authority
Pre-Departure
Preparation

Fetching

OR

Motion for
Reconsideration

Satisfactory

Trial

Consent
to Adoption

Custody
Unsatisfactory

Relationship
Suspended

Petition for
Adoption

New
Placement

Decree of
Adoption

Repatriation

Costs $$
The applicant may incur and should cover the following costs:

1. Application Fee
2. Processing Fee
3. Cost of bringing the child from the Philippines to the
residence abroad, including all travel expenses within the
Philippines and abroad
4. Cost of passport, visa, medical examination, and
psychological evaluation required and other related
expenses

For illegal Adoption:

Penalty: Imprisonment ranging from six years
and one day, to twelve years. And/or a fine no
less than 50 000 pesos, but no more than 200
000 pesos at the courts discretion.

*illegality is presumed when:

A. Consent for adoption was acquired
through force, coercion, fraud or improper
inducement through material means.
B. Authority of the Board is non-existent with
regards to the adoption and its processes.

*illegality is presumed when:

C. Procedures and safeguards enumerated in
the R.A. are not complied with.
D. The child to be adopted is being subjected
to danger, abuse, and exploitation.

Violation of Regulations
Those found guilty of violating the established rules relating
to the confidentiality and integrity of the records and
communications of adoption applications, cases and
processes, will be penalized with.

Penalty: Imprisonment ranging from one year and one day, to

two years. And/or a fine of no less than 5000 pesos but no
more than 10 000 pesos.
This will be at the discretion of the court.

Note:

The penalty shall be lowered by two

degrees from that prescribed for a
consummated violation, for the
principals of an attempt to commit the
same acts within.

Syndicated Practice:
These acts are deemed to have been performed by a syndicate
given the following:

o They are carried out by three or more persons conspiring with

one another in order to carry out unlawful acts mentioned in this

article.

Acts that are punishable under this R.A., when committed by a

syndicate or involves multiple children, shall be considered child
trafficking and the penalty for which shall be reclusion perpetua.