0% found this document useful (0 votes)
549 views8 pages

Adoption in The Philippines

The document summarizes the general adoption process in the Philippines. It discusses that adoption grants legal family membership to a child and involves transferring parental rights. It recognizes three major types of domestic adoption: agency adoption where an accredited agency finds families; relative adoption where relatives assume responsibility; and independent adoption which involves biological parents directly placing children. The process involves counseling biological parents and prospective adoptors, creating social case studies, a matching process, a supervised trial period, and finally a court petition to legally finalize the adoption.

Uploaded by

Jefran Olingay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
549 views8 pages

Adoption in The Philippines

The document summarizes the general adoption process in the Philippines. It discusses that adoption grants legal family membership to a child and involves transferring parental rights. It recognizes three major types of domestic adoption: agency adoption where an accredited agency finds families; relative adoption where relatives assume responsibility; and independent adoption which involves biological parents directly placing children. The process involves counseling biological parents and prospective adoptors, creating social case studies, a matching process, a supervised trial period, and finally a court petition to legally finalize the adoption.

Uploaded by

Jefran Olingay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 8

Adoption in the Philippines

From Wikipedia, the free encyclopedia


Jump to navigationJump to search

This is a summary of the general adoption process in the Philippines. [1]

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

Domestic Adoption Act of 1998[edit]


After the Inter-Country Adoption Law was passed in 1995, the DSWD felt that it was also time to
make amendments with regard to Domestic Adoption Laws which led RA 8552, also known as the
Domestic Adoption Act of 1998.[41][44] Here, the old provisions in the Family Code were repealed and
more provisions with regard to who can adopt, particularly those concerned with aliens or foreign
nationals, were listed. It was also stated here that the petition for adoption may only be filed in the
"Family Court of the province or city where the prospective adoptive parents reside." [45][46]
Republic Act 9523[edit]
Further amendments to this were made through RA 9523, which tackled issues about abandoned
children whose parents did not leave signed documents entrusting them to the DSWD. The time of
declaring the individual available for adoption, up until the certification was shortened from a year to
just over a month with the decision to make it an administrative process instead of a judicial process.
Now, one would only need a certification signed by the DSWD secretary instead of a judicial order
for the declaration of the abandonment of a child.[47]
Foster Care Act of 2012[edit]
On June 11, 2012, Republic Act No. 10165, also known as the Foster Care Act of 2012 was
approved by Congress. Here, provisions were made regarding the procedure on how a foster parent
may become the adoptive parents of a child under his care. [47]
Eligibility and requirements[edit]
For Adopters[edit]
The latest eligibility requirements for those who may adopt and may be adopted can be seen in the
Domestic Adoption Act of 1998. According to Article III section 7, "[a]ny Filipino citizen of legal age,
in possession of full civil capacity and legal rights, of good moral character, has not been convicted
of any crime involving moral turpitude, emotionally and psychologically capable of caring for children,
at least sixteen years older than the adoptee, and who is in a position to support and care for his /
her children in keeping with the means of the family" may adopt. Also the age gap requirement may
be waived "when the adopter is the biological parent of the adoptee, or is the spouse of the
adoptee's parent." Also "[a]ny alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his / her country has diplomatic relations with the Republic of the
Philippines, that he / she has been living in the Philippines for at least three continuous years prior to
the filing of the application for adoption and maintains such residence until the adoption decree is
entered, that he / she has been certified by his / her diplomatic or consular office or any appropriate
government agency that he / she has the legal capacity to adopt in his / her country, and that his /
her government allows the adoptee to enter his / her country as his / her adopted son / daughter"
may adopt. The alien's for requirements for his / her residency and certification, which are required
for adoption, may also be waived if he / she is: 1) "a former Filipino citizen who seeks to adopt a
relative within the fourth degree of consanguinity", 2) "one who seeks to adopt the legitimate son /
daughter of his / her Filipino spouse", or 3) "one who is married to a Filipino citizen and seeks to
adopt jointly with his / her spouse a relative within the fourth degree of consanguinity or affinity of the
Filipino spouse". The guardian with respect to the wad after the termination of the guardianship and
clearance of his / her financial accountabilities" is allowed to adopt. [48]
As long as an individual meets all these qualifications, he / she may adopt. This means that even
relatives by blood or affinity may adopt one another. The state does its best to make sure that the
"natural parents’ authority and custody of their children" be maintained. Only when this fails and
when there are no requests by the child's extended family to adopt him / her does adoption by an
unrelated person become considered. [49]
The law also ensures that the adopter has the capacity to raise the adoptee. Hence, he / she must
be emotionally, psychologically, and financially capable of caring for the child. These requirements
are vital in order to ensure that the quality of life of the natural children would not be negatively
affected by the introduction of the adopted children. The criteria for evaluating prospective adopters
have been taken from the Child Welfare League of America, Inc. Among these are the prospective
adopters’ total personality, emotional maturity, the quality of their marital relationship, their feeling
about children, their feeling about childlessness and readiness to adopt and motivation. [49][50]
Conviction for a crime is necessary for the disqualification of a prospective adopter since the
accused is always presumed innocent and so commission of a crime would not necessarily equate
to moral turpitude. A pardon from a crime would not rescind the prospective adopter's disqualification
since he / she was still convicted, regardless if the penalty was imposed or not. The prospective
adopter must not have been convicted of a crime involving moral turpitude since this would affect his
/ her ability to rear a child.[50][51]
The age difference of 16 years was formulated as a solution to a problem brought about by raising
the marriageable age. Before, a 15-year age requirement was required since this was the midway
point of the marriageable age of 14 for females and 16 for males. However, when the marriageable
age was raised to 18, the Civil Code Committee, which drafted the family Code, proposed to have
this raised to 18 as well. This was deemed too much, however, and since a lot of prospective
adopters would have been disqualified if it were to be followed. In order to solve this, the age of
difference of 16 years was chosen.[51]
Although the advanced age of prospective adopters is considered, their health and the kind of home
they could provide to the adoptees are more important. Placing a child in the care of an individual
who was advanced in age but in good health was seen as more desirable than leaving the child with
a public agency.[51]
Before, adoption by aliens was prohibited in the provisions of adoption in the Family Code. However,
this was changed as long as the aliens had the added conditions mentioned above. [51]
With regard to the provisions about the termination of an individual's guardianship before he / she
may be allowed to adopt, this is to ensure that the ward's rights have not been violated or improperly
managed by the guardian. This is also so that conduct of the guardian's may be evaluated. The
guardian must also be financially capable in order to "prevent unscrupulous guardians from escaping
liability for their impropriety."[52]
For Adoptees[edit]
As mandated in Section 8 of the Domestic Adoption Act of 1998, the following may be adopted: "Any
person below eighteen years of age who has been administratively or judicially declared available for
adoption; the legitimate son / daughter of one spouse by the other spouse; an illegitimate son /
daughter by a qualified adopter to improve his / her status to that of legitimacy; a person of legal age
if, prior to the adoption, said person has been consistently considered and treated by the adopter(s)
as his / her own child since minority; a child whose adoption has been previously rescinded; and a
child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be
initiated within six months from the time of death of said parent(s)." [53]
Generally, only minors may be adopted since those of legal age are believed to be capable of taking
care of themselves. However, there are exceptions to this namely: when the adoptee is the
illegitimate child of the adopter, when the adoptee is the legitimate child of his / her spouse, or when
the child has been "consistently treated as a child of the adopter during minority", in which case a de
facto adoption is made. This de facto adoption foregoes the requirement that a child be a minor
because of the assumption that the adoptee was not adopted while he / she was a minor simply
because the adopter failed to do so. However, this de facto adoption must be converted to a legal
adoption for the adoptee to receive all the proper privileges, rights and duties. [54]
Joint adoption applications[edit]
The provisions with regard to joint adoptions by husband and wife, which were repealed in the
Family Code, were retained in the Domestic Adoption Act of 1998. This is required for all married
couples which want to adopt except in the following cases: 1) "If one spouse seeks to adopt the
legitimate son / daughter of the other", 2) "if one spouse seeks to adopt his / her own illegitimate son
/ daughter: Provided, however, That the other spouse has signified his / her consent thereto", or 3)
"if the spouses are legally separated from each other". [48] The process is similar to normal adoptions.
In cases where there is a conflict between husband and wife, "the father's decision shall prevail
unless there is a judicial order to the contrary" according to Article 211 of the Family Code. [25][55]

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]

1. Child must be below 15 years of age


2. Child must be legally free meaning he/she was voluntarily or involuntarily committed
to the DSWD or child-placing or caring agency freely in accordance with the Child
and Youth Welfare Code
[23]

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]

 Minimum length of marriage requirement for ICA applicants is 3 years;


 Applicants who have lived together in a common law relationship for several years
culminating in a legal marriage must be married for at least one (1) year and the stability
of the relationship prior to marriage ios taken into consideration;
 Single applicants are not prohibited from applying but effective July 2007 the Board has
set a moratorium on the acceptance of single applicants unless the child preference is a
child with special needs (older or sibling group);
 PAPs with history of divorce: since stability of marriage will ensure the permanency of
the placement, a maximum of two (2) divorce histories will be accepted.
Additional requirements set by the ICAB include

 Educational requirements: must have at least a high school diploma


 Income requirements: must have a minimum annual income of US$40,000.00
 Single applicants: Resources for older children between 9–15 years old.
[24]

Inter-country adoption procedure[edit]


As of Section 10, 11 and 14, the prospective adoptive parent (PAP) must apply to the ICAB, or the
Philippine Regional Trial Court through an intermediate foreign agency. Requirements such as the
applicant's birth certificate, home study, written consent of biological or adopted children if above 10
years of age, medical and psychological evaluations, income tax returns and police clearance are
needed for the application process. The waiting period for the Board to approve the application is 3
months to 1 year.
Once the application is approved, matching a suitable child to the family is done depending on the
preferences PAP. The availability of a child for adoption is determined by the DSWD, determining if it
will be in the child's best interests. Matching is done by the Board which includes the head or social
worker of the agency, a child psychologist, a medical doctor, a lawyer, and a representative of an
NGO engaged in child welfare. The waiting time usually takes 2 to 4 years after the approval of the
PAP. Acceptance of a special needs child or older (73 months and above) generally shortens the
waiting period. Upon approval of the PAPs of the matching, the Philippine law compels adopters to
personally fetch the child from the Philippines not later than thirty (30) working days after issuance of
visa of the child.
The Philippine Inter-country Adoption Law requires a six (6) months post placement period or trial
custody period where three (3) Post Placement Supervisory Reports along with pictures of the child
and the PAPs (or extended family) must be submitted to the ICAB. If successful, a Consent to
Adoption between the parents and the ICAB within fifteen (15) days of last post placement report.
The final step is a petition for adoption with the court in the country the parent resides. [27]
Penalties[edit]
Knowing violations of the law shall incur monetary fines and imprisonment ranging from one (1) to
twelve (12) years and fines of at least PHP5000. Violations include "1) consent for adoption taken by
coercion, and improper material inducement, 2) no authority from the Board, 3) procedures and
safeguards not complied with, and 4) child to be adopted is subjected or exposed to danger, abuse
and exploitation."

You might also like