Adoption Comparison

DOMESTIC ADOPTION INTER-COUNTRY ADOPTION
RA 8552 RA 8043
Proper in DOMESTIC adoption. Proper in INTER-COUNTRY adoption.
QUALIFICATIONS: QUALIFICATIONS:
1.) FILIPINO CITIZEN: An alien or a Filipino citizen permanently residing

(a) legal age, in possession of full civil capacity and abroad may file an application for inter-country adoption
legal rights, of a Filipino child if he/she:
(a) is at least twenty-seven (27) years of age and at
(b) of good moral character, has not been convicted of least sixteen (16) years older than the child to be adopted,
any crime involving moral turpitude, emotionally and at the time of application unless the adopter is the parent
by nature of the child to be adopted or the spouse of such
(c) psychologically capable of caring for children, parent:
The guardian with respect to the ward after the
(d) at least sixteen (16) years older than the adoptee, termination of the guardianship and clearance of his/her
and who is in a position to support and care for his/her financial accountabilities.
children in keeping with the means of the family. (Waived
when adopter is a biological parent of the adoptee, or is the Husband and wife shall jointly adopt, except in the
spouse of the adoptee’s parent) following cases:
(i) if one spouse seeks to adopt the legitimate
son/daughter of the other; or
2.) ALIEN:
(a) Any alien possessing the same qualifications as (ii) if one spouse seeks to adopt his/her own illegitimate
above stated for Filipino nationals: son/daughter: Provided, However, that the other spouse
has signified his/her consent thereto; or
(b) Provided, That his/her country has diplomatic
relations with the Republic of the Philippines, (iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse
(c) that he/she has been living in the Philippines for at adopts the illegitimate son/daughter of the other, joint
least three (3) continuous years prior to the filing of the parental authority shall be exercised by the spouses.
application for adoption and maintains such residence until
the adoption decree is entered,
(d) 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
(e) his/her government allows the adoptee to enter

his/her country as his/her adopted son/daughter:
Exception to the Requirements on residency::
(i) a former Filipino citizen who seeks to adopt a relative

within the fourth (4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of

his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt

jointly with his/her spouse a relative within the fourth (4th)
degree of consanguinity or affinity of the Filipino spouse; or
3.) GUARDIAN:
(b) if married, his/her spouse must jointly file for the
adoption;
(c) has the 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) has not been convicted of a crime involving moral

turpitude;
(e) is eligible to adopt under his/her national law;
(f) is 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.
Under the jurisdiction of the INTER-COUNTRY ADOPTION
BOARD (but a petition may also be filed with the FAMILY
Under the jurisdiction of the FAMILY COURT where adopter
COURT [where adoptee resides] which will turn it over to
resides.
ICAB).
Trial custody is IN THE COUNTRY OF ADOPTER for 6

Trial custody is IN THE PHILIPPINES for 6 months (but court
months and is mandatory before a decree of adoption is
may reduce period or exempt parties from trial custody).
issued.
PETITION FOR ADOPTION may include PRAYER for change of

name, or declaration that child is a foundling, abandoned,
PETITION FOR ADOPTION only.
dependent or neglected child.
ADOPTEE: Only a CHILD LEGALLY AVAILABLE for

ADOPTEE: Legitimate or illegitimate CHILD of a spouse or domestic adoption may be the subject of inter-country
even a person who is OF LEGAL AGE may be adopted. adoption.
ANNEXES: Income tax returns, police clearance, character ANNEXES: Income tax returns, police clearance, character
reference, family picture, birth certificate of adopter are NOT reference, family picture, birth certificate of adopter are
REQUIRED to be annexed in the petition. REQUIRED to be annexed in the petition.
Petition must be PUBLISHED at least once a week for 3

successive weeks in a newspaper of general circulation in the
NO PUBLICATION requirement.
province or city where court is situated.
Application may be through AGENCY IN FOREIGN

Application is through a PETITION IN THE Family Court (FC). COUNTRY and then submit to Inter-Country Adoption Boar
(ICAB).
Decree of adoption issued by FC which has jurisdiction over

Decree of adoption issued by a FOREIGN COURT.
case.
(RA 8552 AND RA 8043)

Adoption Comparison

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DOMESTIC ADOPTION INTER-COUNTRY ADOPTION

Proper in DOMESTIC adoption. Proper in INTER-COUNTRY adoption.

1.) FILIPINO CITIZEN: An alien or a Filipino citizen permanently residing

(d) that he/she has been certified by his/her diplomatic

(e) his/her government allows the adoptee to enter

Exception to the Requirements on residency::

(i) a former Filipino citizen who seeks to adopt a relative

(ii) one who seeks to adopt the legitimate son/daughter of

(iii) one who is married to a Filipino citizen and seeks to adopt

(d) has not been convicted of a crime involving moral

(e) is eligible to adopt under his/her national law;

(f) is in a position to provide the proper care and support and

(g) agrees to uphold the basic rights of the child as embodied

(h) comes from a country with whom the Philippines has

(i) possesses all the qualifications and none of the

Trial custody is IN THE COUNTRY OF ADOPTER for 6

PETITION FOR ADOPTION may include PRAYER for change of

ADOPTEE: Only a CHILD LEGALLY AVAILABLE for

Petition must be PUBLISHED at least once a week for 3

Application may be through AGENCY IN FOREIGN

Decree of adoption issued by FC which has jurisdiction over

(RA 8552 AND RA 8043)

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