Adoption in The Philippines
Adoption in The Philippines
Adoption in the Philippines is a process of granting social, emotional and legal family
and kinship membership to an individual from the Philippines, usually a child.[2] It
involves a transfer of parental rights and obligations and provides family membership.
The Department of Social Welfare and Development (DSWD) defines adoption as a
"socio-legal process of giving a permanent family to a child whose parents have
voluntarily or involuntarily given up their parental rights."
Philippine Republic Act 8552, also known as the Domestic Adoption Act of 1998,
recognizes that children should grow up with their biological parents; however, should
the efforts of biological parents to raise their child be insufficient, other members of
the extended family may take on the responsibility of parenthood for the child. It is only
when members of the extended family are not available that adoption by non-relatives is
allowed to take place.
Recognized Types[edit]
The DSWD recognizes three major types of domestic adoption within the Philippines: agency
adoption, relative adoption, and independent adoption. Agency adoption refers to the procedure by
which a legally accredited agency finds potential families for children who are put up for adoption.
Relative adoption is when the biological parents of a child renounce their claim over the child to a
relative or a member of their extended family. Independent adoption occurs when biological parents
directly place their child with acquaintances or utilize intermediaries to facilitate the process. As
for inter-country adoption, it is the process of matching a child with a family outside of the Philippines
through the collaboration of local and foreign adoption agencies.
Agency adoption[edit]
Agency adoption occurs when a DSWD-licensed agency finds adoptive families for children. Agency
adoption targets three actors: the biological parents, the child who will be up for adoption, and the
adopters. Philippine state policies and procedures regarding adoption aims to balance and
safeguard the rights and welfare of the stated actors.
Procedures for agency adoption[edit]
Pre-adoption[edit]
The DSWD provides for pre-adoption procedures as stipulated in RA 8552 in order to safeguard
parents from making hurried decisions, as well as safeguard the child from unnecessary separation
from his or her biological parents.[3] The pre-adoption procedures are generally concerned with
counseling the actors involved in order to ensure their mental and emotional well-being throughout
the entire adoption process.
Counseling of biological parents[edit]
Counseling of biological parents attempts to ensure they are well-informed of the implications of
surrendering their child for adoption. This measure is important in safeguarding against hasty
choices born out of potential emotional and financial pressures.
Information provided during the counseling sessions focus on making sure the biological parent
understands that he or she is fully relinquishing their parental authority over the child, which entails
having no further contact with their child. However, if the child wishes, he or she may initiate
communication with their parents in the future. Biological parents are also given the right to
reconsider giving up their child for adoption within three months of signing the Deed of Voluntary
Commitment (DVC), which is a document that formalizes the relinquishment of their child. [4]
Any expressed desire to commit a child to adoption will only be binding after the actual birth of the
child so as to give the biological parents enough opportunity to assess their available alternatives.
Counseling services for biological parents are also available after their child has been surrendered in
order to assist in coping with guilt or feelings of loss.[3]
Should the biological parents of the child be unknown, the DSWD or the child-placing agency has
the duty to explore all avenues in order to locate the biological parents of a child. Efforts are deemed
sufficient when there exists: 1) certification from a local or national radio or television station that the
case was aired on three different occasions; 2) publication of the case in one newspaper of general
circulation; 3) certification from the police, barangay, Philippine Red Cross, National Headquarters
(NHQ), or Social Service Division that the child's parents could not be found; and 4) returned mail to
the last known address of the parent(s) or known relatives. [5]
Counseling for prospective adoptive parents [edit]
Prospective adoptive parents are mandated to go through a counseling process as well as join an
adoption forum in order to be prepared for effective parenting.
Counseling should help prospective adoptive parents come to terms with the reasons behind their
decision to adopt. With regards to infertility in particular, counseling is necessary in order to make
sure the adopters internalize the concept that the adopted child is not merely there as a substitute
child until they are able to conceive.
The social worker is also responsible for making sure the prospective adopters understand are
familiar with the adoption process. This is also when prospective parents are coached on how and
when to discuss and disclose the child's adopted status to the adoptee, as well as how to answer
questions about their biological parents.[3]
Counseling of the adoptee[edit]
Older children are also included in counseling to help them understand that the people who will be
adopting them will be their new parents. To the extent of the child's comprehension, the adoption
process and legal implications will be explained to them. In the counseling sessions, the child is also
given the opportunity to express their apprehensions and hopes for adoption. [3]
Adoption procedures[edit]
Social Case Study Report[edit]
The Social Case Study Report (SCSR) is a written assessment conducted by a licensed social
worker as to the child's social, economic, cultural, and psychosocial background, as well as details
about the abandonment or neglect of the child. The report should also contain the efforts of the
social worker to locate the child's biological parents/relatives. [6]
The certification of counseling of both biological parents must be provided for the case study report
to take place. The DSWD or child-placing agency then must prepare a case study report of the child
and the biological parents. The social worker must confirm the real identity and registered name of
the adoptee with the Civil Registry. If the adoptee is not registered, the social worker is responsible
for facilitating the child's registration.
The case study report must contain the child's legal status, placement history, psychological, social,
spiritual, medical, ethno-cultural background and that of his biological family needed in determining
the most appropriate placement for him. [7] After this, the child may be placed in the custody of the
DSWD or a child-placing agency.
The social worker prepares a case study report on the prospective adopters as well, to make sure
they can provide a suitable home for the child. The Supreme Court Rule on Adoption refers to this as
a “home study report” “aimed to help the DSWD and courts ascertain the genuine intentions of the
adopters.”[8]
Matching process or family selection[edit]
Prospective adopters and the children legally available for adoption then meet at the matching table
once the case study reports have been filed.
Matching is the major function of the Child Welfare Specialist Group (CWSG). This group is
composed of five members: a social worker from DSWD, a lawyer, a physician, a psychologist, and
NGO representative of adoptive parents or child welfare agencies. [9] The DSWD Secretary has since
created a National Child Welfare Specialist Group; the creation of a national matching committee
was done in order to prevent delays in placing the child. Adopters are asked to specify their
preferences in the child with whom they will be matched, including sex and age. The matching
process also determines if the adopters are willing to adopt a child who has a developmental delay
or disability.
With regards to religious affiliations, the Omnibus Guidelines on the Domestic Adoption Process
state that religion can only be considered if the child is old enough to understand religious belief and
practices. This age is generally pegged at 6 years old and above.
Placement and supervised trial custody[edit]
Upon the completion of the matching process, the social workers are then required to prepare the
adoptive family and the child for placement. Once the DSWD has approved the placement, the
department will issue the Pre-Adoption Placement Authority to transfer parental responsibility to the
adoptive parents. This also marks the beginning of the supervised trial custody.
The supervised trial custody is defined as the period of time during which a social worker monitors
the adjustment period and emotional preparedness of both adopters and adoptee in their new
familial relationship.[10] This entails monthly home visits to check up on the situation of the adopted
child in his or her new family, after which the social worker must submit progress reports to the
authorized body.
The duration of the supervised trial custody is six months; upon its culmination, the Consent to Adopt
is issued by the DSWD. This time period should be waived if biological parents want to adopt their
illegitimate child, or if foster parents want to adopt their foster child provided that a harmonious
relationship exists between the child and his foster family. [11]
Filing a petition for adoption[edit]
Potential adopters must then file the petition for adoption with the Family Court of their province in
order to make the adoption official. This is the only point when the services of a lawyer are needed.
There are several provisions enumerated in the Supreme Court Rule on Adoption regarding the
petition to be filed. It stipulates that this petition must be verified and state at the heading of the
initiatory pleading its specific contents. These may consist of an application for a change of name,
rectification of simulated birth, voluntary or involuntary commitment of children or declaration of the
child as abandoned, dependent or neglected. [12]
In the case of a request for a change of name, reasons must be stated. Along with this, the
registered name, aliases (if any) and the proposed new name of the child must be listed. [13]
If rectification of simulated birth is requested, the simulation of birth must have occurred prior to the
date of effectivity of RA 8552 and the application for both the rectification and the petition must be
filed within five years of the said date. The simulation of birth would be rectified for the best interests
of the potential adoptee, and he or she must have been consistently treated as the petitioner's own
child.[14]
For the case where an abandoned, a dependent or neglected child is to be adopted, facts must be
cited to prove this assertion, including the names and residence of the child's parents or guardians.
The name of the accredited child-placement agency must also be stated together with their
authorization to give consent.[15]
The court shall only proceed to hear the petition once the order of hearing has been published and
all stipulated requirements met. Both the petitioner and the potential adoptee must be present during
the hearing, with the petitioner testifying before the judge on the said date. The social worker must
also be present to ensure that all involved parties have been well assessed and have gone
counseling so that they will be fully prepared.[16]
The presence of both the petitioner and the adoptee is vital as through this the court may be able to
better gauge the child's condition both individually and relative to the petitioner.
Decree of adoption[edit]
Only when all the requirements have been settled, can they move stage of the decree of adoption.
The provisions regarding the adoption decree can be found in RA 8552. They include the following.
The decree of adoption phase will only be entered upon approval of the court with the best interests
of the child put forward.[17]
There will also be an amended certificate of birth issued by the Civil Registry. This reinforces the
petitioner's claim to the adoptee by registering the child with a new surname. The previous birth
certificate will also be cancelled and stamped appropriately. [18]
The adoption decree will also contain the new name of the child. With the decree also comes the
following, a certificate of finality to be issued by the Clerk of Court after the closure of the 15-day
appeal period and a certified true copy of the adoption decree to be submitted by the adopter to the
Civil Registrar within 30 days of the issuance of the certificate of finality. The Civil Registrar, after
making the proper annotations to the decree of adoption, must then seal away the adoptee's original
birth certificate, replacing it with a new birth certificate. [19]
It is important to take note that the decree becomes effective upon filing of the Petition of Adoption.
This completes the process of adoption as the petitioner can now legally refer to the adoptee as his
or her own child.
Governing bodies for agency adoption[edit]
The DSWD oversees this process by providing a license for adoption agencies who are allowed to
facilitate agency adoption. These adoption agencies are also supported by the ACCAP (The
Association of the Child Caring Agencies of the Philippines) who have done so since their
establishment in 1994.[20]
Relative adoption[edit]
Relative adoption is the legal adoption of a child by a close family member. Before parents finalize
their decision on putting up their child for adoption, they would consider all possible placement
options. Most of the time they would rely on the help of family leading to informal arrangements.
Such a set-up could lead to future complications, for instance in inheritance. Thus, to safeguard the
child's rights and benefits, families should go through legal adoption. It is also advised that both birth
parents and the prospective foster parents undergo counseling in order to fully prepare them to
accept and respect the new dynamic for the benefit of the child. [21] As for the proper procedure to be
followed for a legal relative adoption, the steps listed above from Placement and Supervised Trial
Custody until Decree of Adoption must be followed.
Independent adoption[edit]
Independent adoption is the legal adoption of a child by an acquaintance of the biological parents of
the child or a stranger encountered through an intermediary. It shares a lot of similarities to relative
adoption in terms of how the process is facilitated. It primarily differs in the potential adoptive parents
who in this case are not blood-related to the biological parents and therefore the child. An implication
of this is that the child may no longer be monitored as much as the biological parents could in the
case of relative adoption. For the procedure for the independent adoption to be legalized, the steps
beginning from Placement and Supervised Trial Custody up until Decree of Adoption must be
followed.
Private or independent adoptions is the act of either placing a child under a family known by the
child's biological parents or placing a child under a parent or parents who are interested in adopting
the child.[22]
Inter-Country adoption[edit]
Inter-country adoption is done as a last resort, and only when opportunities for local adoption has
been exhausted and for the best interest of the child as per UNICEF, [23] Hague[24] and Philippine[25]
From 1996 to June 2011, inter-country adoption matches were numbered to be around: [26]
1. Regular adoption (4,075)
2. Relative adoption or adoption by a relative within the 4th degree of consanguinity
(1,277)
3. Special needs adoption which involves older children who require particular
medical attention (1,020)
4. Independent placement which "refers to children who should be adopted due to
exceptional circumstances (ex. when a foundling is left at the doorstep of a house)
[27]
" (214)
5. Medical mission adoption which is a temporary adoption by a host family of
children in need of a special operation (54)
Costs[edit]
As of 2007, cost of application for inter-country adoption as well as the processing fee for single
placement is around US$3,200 which may vary depending on where the child came from as well as
where they will go. For a sibling group of two or more, the processing fee will have an additional
US$1,000.00 regardless of the number of siblings. This is in addition to the costs of travel as well as
other documents such as passport, visas, medical and psychological tests of both the child and the
PAP
Legislation[edit]
Domestic adoption
Intercountry adoption[edit]
Evolution of inter-country adoption laws[edit]
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. [56]
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. [56]
Inter-country Adoption Act of 1995[edit]
In response to the UN Convention on the Rights of the Child (September 2, 1990), the 1995 Hague
Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption
(January 8, 1996), and Art. 184 of the Family Code, the Senate drafted R.A. No. 8043 which will be
the central legal basis for inter-country adoption on June 7, 1995. This was following Senators
Osmena and Coseteng's (sponsor) alarm over the advertising placements of Filipino children in US
publications "that range from $3000 to $15000". [45][57]
The law applies to aliens except 1) a former Filipino citizen seeking to adopt a relative by
consanguinity, 2) one who seeks to adopt the legitimate child of his/her Filipino spouse, 3) joint
adoption with a Filipino spouse of his/her relative by consanguinity. as well as Filipino citizens
residing permanently abroad. Aliens must have lived in the Philippines at least three (3) continuous
years before filing for adoption as well as have a higher minimum age of 27 compared to domestic
adoption.
Inter-Country Adoption Board[edit]
The law establishes the Inter-Country Adoption Board (ICAB) to be the central authority in inter-
country adoption in the Philippines. They are responsible for licensing local and foreign child-
caring/placement agencies, collecting fees, and matching. The ICAB works in coordination with
Department of Social Welfare and Development (DSWD), Department of Justice (DOJ) and
Department of Foreign Affairs (DFA) which are all involved in inter-country adoption.
Guidelines for child adoptability[edit]
Has a certification from DSWD declaring the legality of the child's availability for adoption (R.A. 9523
of 2009)[edit]
1. Has child study, birth or foundling certificate, deed of voluntary commitment, medical
certificate and psychological evaluation
2. Written consent by the child if he/she is above 10 years of age
Guidelines for Child Adoptee[edit]
The alien or Filipino permanently residing abroad must be at least 27 years of age and 16 years
older than the child. A joint adoption must be done in the case of marriage. He/she/they must be
eligible to adopt under Philippine, UN and their foreign national laws from a country wherein the
Philippines must have diplomatic relations. From the Domestic Adoption Act, he/she has to have
been living in the Philippines for at least three (3) continuous years prior to the filing of the petition
and stays until the adoption decree is entered.
According to the ICAB, marital requirements also apply [26]