Evolution of Inter-Country Adoption Laws
Evolution of Inter-Country Adoption Laws
Evolution of Inter-Country Adoption Laws
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)
e)
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
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)
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.
Process
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
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
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.
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.