INTER-COUNTRY ADOPTION

Evolution of inter-country adoption laws

Act No. 3094 was the first law for allowed foreign adoption which
allowed any public or charitable child-caring institution to allow
adoption for either Filipinos or aliens. In the Civil Code of 1950, Art. 335
prohibited foreign adoption to countries the Philippines does not have
diplomatic ties with to prevent conflicts of blood and identity in the
case of war. In 1975, the Child and Youth Welfare Code became the
legal basis for inter-country adoption allowing for non-resident aliens to
adopt in court if qualified. The shift of adoption authority from judicial
to the Director of Social Services and Development (DSWD) happened
in the Council for the Welfare of Children (1976). When the 1988 Family
Code was implemented aliens were disqualified from adopting except
a) a former Filipino citizen adopting a relative, 2) adopting the
legitimate child of his/her Filipino spouse and 3) spouse of a Filipino
citizen seeking to adopt jointly a relative of the Filipino. All aliens not in
these allowances have to comply with an inter-country adoption act
the senate made seven years later.
The ratification of the UN Convention of the Rights of the Child in
1990 and the Hague Convention on the Protection of Children and
Cooperation in Respect to Inter-country Adoption drove the Philippines
to make R.A. No. 8043.
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Inter-country adoption in the Philippines is governed by Republic

Act (R.A.) No. 8043 or the Inter-Country Adoption Act of 1995. The law
aims to place every neglected and abandoned child with an adoptive
family. Preference is given to Filipino adoptive parents as can be seen
from the law's restrictive stance towards adoption of Filipino children
by alien prospective adoptive parents (PAP). The law allows intercountry adoption to alien (PAP) only if it shown that the same is for the
best interests of the child. R.A. No. 8043 is in accord with the Hague
Convention on the Protection of Children and Co-Operation in Respect
of Inter-Country Adoption, to which the Philippines is a State Party.
The Inter-Country Adoption Board (ICAB) created by R.A. No. 8043 is
the central authority in matters relating to inter-country adoption of
Filipino children. It is the same policy-making and regulatory body
responsible for the approval of all inter-country adoption applications
and placements.

BASIC GUIDELINES ON HOW A FOREIGNER CAN ADOPT A

FILIPINO CHILD
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.
Who may be adopted?
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)

Who can adopt

The adoption process begins with the application for adoption
submitted to the ICAB. The PAP may be an alien or a Filipino citizen
permanently residing abroad. A foreigner must meet the following
requirements in order to be qualified to adopt in the Philippines under
the Inter-Country Adoption Act:
a)
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
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;
b)

if married, his/her spouse must jointly file for the adoption;

c)
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;
d)

not convicted of a crime involving moral turpitude;

e)

eligible to adopt under his/her national law;

f)
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;
g) 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;
h) 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
i)
possesses all the qualifications and none of the disqualifications
provided herein and in other applicable Philippine laws

With respect to the adoptee, R.A. No. 9523 otherwise known as

"An Act Requiring the Certification of the Department of Social Welfare
and Development to Declare a Child Legally Available for Adoption"
mandates that only a child legally available for adoption may be the
subject of inter-country adoption.
A child legally available for adoption refers to a child in whose
favor a certification was issued by the Department of Social Welfare
and Development (DSWD) that he/she is legally available for adoption
after the fact of abandonment or neglect has been proven through the
submission of pertinent documents.
In order that such child may be considered for placement, the
following documents must be submitted to the Board:
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

Where to File the Application

After securing the Certification from the DSWD that the child is
legally available for adoption, the petition/application may be filed in
(1) the Regional Trial Court having jurisdiction over the child; or (2)
with the ICAB, through an accredited intermediate agency in the
country of the prospective adoptive parents.

Foreigners who opt to file a petition for adoption in court in accordance

with the Domestic Adoption Act, need not submit the application to
ICAB. The Court will refer the petition to ICAB which shall act on the
application. Foreigners must meet the following conditions under
Philippine adoption law:
(1) the PAP must be a resident of the Philippines for at least three (3)
years prior to the filing of the petition and should be able to maintain
such residence until the adoption decree is granted by the court; and
(2) submit a certification of legal capacity to adopt issued by the
appropriate government agency from the state of residence.

The Philippine government may however

requirements if it is shown that the PAP is:

waive

the

foregoing

(1) A former Filipino citizen seeking to adopt a relative within the fourth
degree of consanguinity, as defined under Philippine law; or
(2) One seeking to adopt the legitimate son/daughter of his/her Filipino
spouse; or
(3) Married to a Filipino and who seeks to adopt jointly with his/her
spouse a relative within the fourth degree of consanguinity, as defined
under Philippine law.
Fees and Other Charges

These fees are provided for by Article III Section 13 of the Inter-Country
Adoption Act of 1995 (RA 8043) and Section 29 and 40 of the
Amended Implementing Rules and Regulations on Inter-Country
Adoption. Effective February 2007, the ICAB fees which applies to all
adoption categories (Regular or Non-Relative, Relative, Special Needs,
Special Home Finding, Summer Program and Medical Missions) are as
follows :

Adoption
Application
Fee$200.00
(non-refundable
upon
endorsement of the Adoption Application and Supporting
Documents)
Processing FeeUS$2,000.00 for single placement; US $3,000.00
for sibling group of 2 or more (as of October 13, 2007)
Pre-adoptive placement costs The amount varies from one
child to another depending on what part of the Philippines the
child comes from and what country he/she is going to. Some
Embassies of the Receiving Countries charge visa fees and
require visa medical examinations while others do not. The total
amount will be quoted by the ICAB in the placement proposal.
(Payment upon acceptance of the matching proposal)

The applicant(s) shall bear the following costs incidental to the

placement of the child;
(a) The cost of bringing the child from the Philippines to the
residence of the applicant(s) abroad, including all travel expenses
within the Philippines and abroad; and
(b) The cost of passport, visa, medical examination and
psychological evaluation required, and other related expenses.

The finalized Local Adoption cases requiring ICABs ratification

has its own schedule of fees.
The ICAB also supports the request of the Association of the Child
Caring Agencies of the Philippines (ACCAP) to increase its Child
Care Support Fund (CCSF) from US$ 500.00 to US$ 1,000.00 per
placement.

These new fees will not affect prospective adoptive parents

whose adoption applications were received by the ICAB prior to
February 2007 and are currently awaiting approvals and child
proposals. This means that once these families receive a match,
they will still pay the processing fee of US$ 900.00.
All payments (except for the CCSF which shall be addressed to
the child caring agency where the child came from) shall be in
the form of a company check or international bank draft and
shall be made payable to the Inter-country Adoption Board.
Personal checks, travelers checks or cash WILL NOT be accepted.
No adoption application will be processed and no Placement
Authority will be issued unless the corresponding fees are
received by the ICAB.

Processing Time
Adoption applicants that have substantive Home Study Report (HSR)
and complete supporting documents are reviewed and approved within
one month from receipt of the adoption applicant/s dossier. On the
other hand, adoption application with lacking information and/or
documents are reviewed and processed depending upon the
submission/completion by the Central Authority/Foreign Adoption
Agency (CA/FAA) of the requested information and/or documents with
the corresponding delay in its approval.
The matching or child referral or allocation largely depends on the
stated child preference (i.e. childs age, gender and state of health or
extent of known background) of the Prospective Adoptive Parents
(PAPs). This usually takes nine (9) months to one (1) year after the
PAPs approval. Willingness to accept a special needs child generally
shortens the waiting period for child allocation.

Children Available for Inter-Country Adoption

1. Children available for intercountry adoption placement are those

who cannot be placed with an adoptive family in the Philippines.
(For relative adoption only up to the 4th degree of consanguinity)
2. All children have to be cleared for intercountry adoption by the
Competent Authority Programs and Projects Bureau of the
Department of Social Welfare and Development (PPB DSWD)-Central
Office.
3. Children of either sex are usually available but there may be longer
waiting period for girls because of the Filipino culture whereby families
hold on to their daughters since they are generally more submissive,
less difficult to parent and can be relied upon to care for their family of
origin even until parental senescence occurs.

4. The allowable age of Filipino children for Intercountry Adoption (ICA)

is below 15 years old. A child who is above 15 years old may be
processed for ICA when the following circumstances prevail:
a. When the child is a part of a sibling group where one or more is
below 15 years old;
b. If the application for adoption of a child was filed (in cases of relative
adoption) before the child reached the age of 15;
c. Special Home Finding was initiated before the childs 15th birthday;
and
d. Other situations where the intent to adopt was manifested before
the child reached 15.
5. The general ages of children cleared for intercountry adoption
usually range from 6 months to 10 years old.
6. Special Needs or Hard to Place children include:

older children (usually boys or girls age 6 to 15 years old)

Sibling groups of 3 or more
Children with major medical/physical problems
Children with major developmental/neurological delay/handicap

Process

Any adoption applicant interested in adopting a Filipino child/ren

(either relative or non-relative) may contact the nearest Central
Authority on Intercountry Adoption of their country (if Ratifier or State
Party to The Hague Convention) or any ICAB accredited Foreign
Adoption Agency who is responsible in these Prospective Adoptive
Parents preparation and conduct of their Home Study Report.

Documentary Requirements:
1. Home Study Report
2. Undertaking of the Couple made under oath (refer to Application
Form)
3. Information and Personal Data Application (refer to Application Form)
4. Birth Certificate of the Couple (if adopting a relative: Birth Certificate
of their common ancestry delineating relationship up to the 4th degree
of consanguinity)
5. Marriage Contract
6. Divorce Decree (if applicable)
7. Physical and Medical Evaluation Report
8. Psychological
psychologist.

Evaluation

by

duly

licensed

psychiatrist

or

9. Written Consent to Adoption by the biological and/or adopted

children who are 10 years of age or over witnessed by the social
worker after proper counseling, in the form of a sworn statement.
10. Character Reference from (a) Local Church Minister or Priest;
(b)Employer; (c) Members of the immediate community (who have all
known the applicants for at least 5 years).
11. Latest Income Tax Return or any other documents showing the
financial capability of the applicant.
12. Clearance issued by the police or the proper government agency of
the place where the applicant resides.
13. Certification from the Justice Department or other appropriate
government agency of the applicants country 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 to reside
there permanently once adopted.
14. Letter of Acceptance of the Designated Guardian/s
15. Recent post card size pictures of the applicant, his immediate
family and their home/community
16. Special Needs Checklist (refer to Application Form)
17. Self-Report Questionnaire (OPTIONAL)
18. Adoption Decree of the PAPs previously adopted Filipino child

All documents must be written, officially translated in English and

must be officially endorsed by the Central Authority on Intercountry
Adoption or ICAB accredited Foreign Adoption Agency to the ICAB in
the Philippines.
All communications relating to adoption application/s and/or child
referral shall be transmitted by the Central Authority or by the ICAB
accredited Foreign Adoption Agency directly to the ICAB. Likewise, all
ICAB correspondence/communications shall be transmitted directly to
the concerned Central Authority and/or the Foreign Adoption Agency.
All the Philippine process for Intercountry Adoption (ICA) does NOT
require the intervention of a lawyer either in the Philippines or from the
applicants country of residence.

Trial Custody
Trial custody of the child commences upon the physical transfer of the
child to the applicant who, as custodian, shall exercise substitute
parental authority over the child. Trial custody is supervised by the
Central Authority and/or Foreign Adoption Agency (FAA) concerned.
Regular reports on the child's health, psycho-social adjustment, and
relationship with the applicants shall be furnished by the FAA to the
ICAB. If the child suffers abuse or injury from the PAP or other
household members of the adoptive family, the Central Authority or

the FAA is mandated to step in and protect the child. It may do so by

withdrawing the child from and terminating the trial custody.

Penalties
(a) Any person who shall knowingly participate in the conduct or
carrying out of an illegal adoption, in violation of the provisions of this
Act, shall be punished with a penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and/or a fine of not less
than Fifty thousand pesos (P50,000), but not more than Two hundred
thousand pesos (P200.000), at the discretion of the court. For purposes
of this Act, an adoption is illegal if it is effected in any manner contrary
to the provisions of this Act or established State policies, its
implementing rules and regulations, executive agreements, and other
laws pertaining to adoption. Illegality may be presumed from the
following acts:
(1) Consent for an adoption was acquired through, or attended by
coercion, fraud, improper material inducement;
(2) There is no authority from the Board to effect adoption;
(3) The procedures and safeguards placed under the law for
adoption were not complied with; and
(4) The child to be adopted is subjected to, or exposed to danger,
abuse and exploitation.

(b) Any person who shall violate established regulations relating to the
confidentiality
and
integrity
of
records,
documents
and
communications of adoption applications, cases and processes shall
suffer the penalty of imprisonment ranging from one (1) year and one
(1) day to two (2) years, and/or a fine of not less than Five thousand
pesos (P5,000), but not more than Ten thousand pesos (P10,000), at
the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the
consummated felony under this Article shall be imposed upon the
principals of the attempt to commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or
where it involves two or more children shall be considered as an
offense constituting child trafficking and shall merit the penalty of
reclusion perpetua.
Acts punishable under this Article are deemed committed by a
syndicate if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying out any of
the unlawful acts defined under this Article. Penalties as are herein
provided shall be in addition to any other penalties which may be
imposed for the same acts punishable under other laws, ordinances,
executive orders, and proclamations.

RELATIVE ADOPTION
Relative Adoption as applies to inter-country adoption refers to the
adoption of Filipino child/ren by relatives residing abroad within the
fourth (4th) degree of consanguity
Modified Procedure for Relative Adoption Cases (as approved
by the Board on August 30, 2007)
1. The Questionnaire for Relative Adoptive Applicants (ICAB Form No.2)
which can be downloaded from this website shall be submitted by the
prospective adoptive parents (PAPs) to the Central Authorities (CAs)/
Foreign Adoption Agencies (FAAs). The CAs/FAAs shall endorse to ICAB
the completed Questionnaire for Relative Adoptive Applicants (QRAA)
with the agencys assessment and recommendation on the prospective
adoptive parents.
2. If the CA/FAA favorably recommends the PAPs, the ICAB social
worker will then request the CA/FAA to proceed with the preparation of
the PAPs dossier. On the other hand, based on the significant data on
the child as indicated in the QRAA, the assigned ICAB Social Worker will
request the DSWD Field Office (FO) to conduct the Child Study Report
with supporting documents. Periodic follow-ups will be made with the
DSWD-FO. (The time frame from request to ICABs receipt of the report
will be 3-6 months. In situations where the FO could not prepare the
Child Study Report within the expected time frame in view of heavy
adoption caseload, the ICAB social worker will assist in the conduct of
the CSR).
3. Once the ICAB receives from the DSWD-FO the childs dossier and
the complete adoption application dossier of the PAPs from the CA or
FAA, the ICAB social worker will prepare an executive summary on the
case with his/her recommendation on the childs adoptive placement
for the disposition of the Board.

Best interest of the child above all else

For many, the benefits of adoption outweigh the risks. Through
adoption, many childless couples have found a way to realize their
dream of raising a family. Adoption has also placed countless homeless
Filipino children to the care of loving adoptive parents who are
emotionally and financially ready to support them. It is because of
these inherent benefits in adoption that the Philippines takes a liberal
view on inter-country adoption and promotes the same not only as an
act that creates a relationship of paternity and filiation, but also one
aimed at giving every prospective adoptee a chance at a better future.

Along with the liberality accorded to adoption, the principle of "best

interest of the child" pervades Philippine cases involving adoption and
child custody. Philippine law mandates that in choosing the parent to
whom custody is given, the welfare of the child should always be the

paramount consideration. Aside from the material resources, as well as

the moral and social situations of the PAP, all relevant circumstances
that impact on the child's well-being and development are considered.
It is in keeping with this principle that all programs on inter-country
adoption are geared towards the betterment of the adopted child.

1) G.R. No. 94147 June 8, 1994

REPUBLIC OF THE PHILIPPINES, petitioner,

vs. HONORABLE RODOLFO TOLEDANO, in his capacity as

Presiding Judge of the Regional Trial Court, Third Judicial
Region, Branch 69, Iba, Zambales and SPOUSES ALVIN A.
CLOUSE and EVELYN A. CLOUSE, respondents.
FACTS:
On February 21, 1990, Spouses Alvin Clouse, a natural-born US
Citizen and Evelyn Clouse, a former Filipino who became a
naturalized US citizen, filed a petition to adopt Solomon Alcala, a
minor who is Evelyn's youngest brother. The trial court granted
the petition. Republic, through the Office of the Solicitor General
appealed contending that the lower court erred in granting the
petition for the spouses are not qualified to adopt under
Philippine Law.
ISSUE:
Whether or not Spouses Clouse are qualified to adopt
HELD:
Under Articles 184 and 185 of Executive Order (E.O.) No. 209,
otherwise known as "The Family Code of the Philippines", private
respondents spouses Clouse are clearly barred from adopting
Solomon Joseph Alcala.
Article 184, paragraph (3) of Executive Order No. 209 expressly
enumerates the persons who are not qualified to adopt, viz.:
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by
consanguinity;
(b) One who seeks to adopt the legitimate child of his or her
Filipino spouse; or
(c) One who is married to a Filipino citizen and seeks to adopt
jointly with his or her spouse a relative by consanguinity of the
latter.
Aliens not included in the foregoing exceptions may adopt
Filipino children in accordance with the rules on inter-country
adoption as may be provided by law.
There can be no question that private respondent Alvin A. Clouse
is not qualified to adopt Solomon Joseph Alcala under any of the
exceptional cases in the aforequoted provision. In the first place,
he is not a former Filipino citizen but a natural born citizen of the
United States of America. In the second place, Solomon Joseph
Alcala is neither his relative by consanguinity nor the legitimate
child of his spouse. In the third place, when private respondents
spouses Clouse jointly filed the petition to adopt Solomon Joseph
Alcala on February 21, 1990, private respondent Evelyn A. Clouse

was no longer a Filipino citizen. She lost her Filipino citizenship

when she was naturalized as a citizen of the United States in
1988.
Private respondent Evelyn A. Clouse, on the other hand, may
appear to qualify pursuant to paragraph 3(a) of Article 184 of
E.O. 209. She was a former Filipino citizen. She sought to adopt
her younger brother. Unfortunately, the petition for adoption
cannot be granted in her favor alone without violating Article 185
which mandates a joint adoption by the husband and wife. It
reads:
Article 185. Husband and wife must jointly adopt, except in the
following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the
other.
Article 185 requires a joint adoption by the husband and wife, a
condition that must be read along together with Article 184.
Under the Family Code, joint adoption by husband and wife is
mandatory. This is in consonance with the concept of joint
parental authority over the child, which is the ideal situation. As
the child to be adopted is elevated to the level of a legitimate
child, it is but natural to require the spouses to adopt jointly. The
rule also insures harmony between the spouses.
Note:
The alien husband can now adopt under Sec. 7 (b) of R.A. No.
8552 (Domestic Adoption Act of 1998). The Supreme Court has
held in several cases that when husband and wife are required to
adopt jointly, each one of them must be qualified to adopt in his
or her own right. However, the American husband must comply
with the requirements of the law including the residency
requirement of 3 years. Otherwise, the adoption will not be
allowed.

INTER-COUNTRY ADOPTION
M12, Persons and Family Relations

Abenir, Christian
Barolo, Donna
Batad, Vinz Lorenz
Bernabe, Cecilbern
Chiongbian, Joshua Martin
Cuenca, Allyn Franz
Enoc, Ma. Theresa
Faelnar, Sheena Rhea
Invento, Kier
Juban, Felipe Jr.