INTER-

COUNTRY
ADOPTION
MAYENNE KATHRYN Z. BELENO
What is inter-country
adoption?
It is a socio-legal process whereby a FOREIGNER or a
FILIPINO PERMANENTLY RESIDING ABROAD can adopt
a FILIPINO CHILD who cannot be placed in a foster or an
adoptive family or cannot, in any suitable manner, be
cared for in the Philippines.
OBJECTIVES
a) consider inter-country adoption as an alternative means
of child care, if the child cannot be placed in a foster or an
adoptive family or cannot, in any suitable manner, be cared
for in the Philippines;

b) ensure that the child subject of inter-country adoption

enjoys the same protection accorded to children in domestic
adoption; and

c) take all measures to ensure that the placement arising

therefrom does not result in improper financial gain for
those involved.

S. 27 ROA
Inter-Country
Adoption as the Last
Resort
The Board shall ensure that all
possibilities for adoption of the child
under the Family Code have been
exhausted and that inter-country
adoption is in the best interest of the
child. (S7 RA 8043)
Standard to be
observed
Best interest of the minor or
best interest of the child
standard

*The State shall take measures to ensure that inter-

country adoptions are allowed only when the same
shall prove beneficial to the childs best interests,
and shall protect his/her fundamental rights.
Who may be adopted
Legally free child ONLY
~a child who has been voluntarily or
involuntarily committed to the DSWD, or to a duly
licensed and accredited child-placing or child-caring
agency, in accordance with the Child and Youth
Welfare Code.
~a child legally available for domestic adoption

Note: child = 15 yrs old unless sooner emancipated

by law.
Who may adopt
~ ALIEN
~FILIPINO CITIZEN PERMANENTLY
RESIDING ABROAD
 Contents of the
petition
a) age and the age of the child to be adopted;
27-16
b) if married, the name of the spouse who must be
joined as co-petitioner except when the adoptee is a
legitimate child of his spouse;
c) that he 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
country;
d) that he has not been convicted of a crime involving
moral turpitude;
e) that he is eligible to adopt under his national law;

f) that he can provide the proper care and support and instill the necessary
moral values and example to all his children, including the child to be
adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under
Philippine laws and the U. N. Convention on the Rights of the Child, and to
abide by the rules and regulations issued to implement the provisions of
Republic Act No. 8043;

h) that he comes from a country with which the Philippines has diplomatic
relations and whose government maintains a similarly authorized and
accredited agency and that adoption of a Filipino child is allowed under his
national laws; and

i) that he possesses all the qualifications and none of the disqualifications

provided in this Rule, in Republic Act No. 8043 and in all other applicable
Philippine laws.
Annexes written and
officially translated
in English
a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce

decree, or judgment dissolving the marriage;

c) Sworn statement of consent of petitioners biological or

adopted children above ten (10) years of age;

d) Physical, medical and psychological evaluation of the

petitioner certified by a duly licensed physician and
psychologist;
e) Income tax returns or any authentic document showing the
current financial capability of the petitioner;

f) Police clearance of petitioner issued within six (6) months

before the filing of the petitioner;

g) Character reference from the local church/minister, the

petitioners employer and a member of the immediate
community who have known the petitioner for at least five
(5) years;

h) Full body postcard-size pictures of the petitioner and his

immediate family taken at least six (6) months before the
filing of the petition.
Where to file Petition
~ Family court where the child resides
or may be found
OR
~directly with the Inter-Country
Adoption Board (ICAB)

Note: The petition must be VERIFIED.

Inter-Country
Adoption Board
(ICAB)
central authority in matters relating to inter-
country adoption.
policy-making body for purposes of carrying
out the provisions of RA 8043, in consultation
and coordination with the DSWD, the different
child-care and placement agencies, adoptive
agencies, as well as non-governmental
organizations engaged in child-care and
placement activities.
Duty of the court after
the petition has been
filed
The court, after finding that the petition
is sufficient in form and substance
and a proper case for inter-country
adoption, shall immediately transmit
the petition to the Inter-Country Adoption
Board for appropriate action.(S32 ROA)
Family
Selection/Matching
~the judicious pairing of the adoptive
child and the applicant to promote a
mutually satisfying parent-child
relationship.
Rules for Family
Selection/Matching
a) No child shall be matched to a foreign adoptive family
unless it is satisfactorily shown that the child cannot be
adopted locally;
b) The clearance, as issued by the Board, with the copy of
the minutes of the meetings, shall form part of the records of
the child to be adopted;
c) The Board would transmit the Placement Authority to
the authorized and accredited inter-country adoption agency;
d) The adoptive parents, or any one of them, shall
personally fetch the child in the Philippines. (Not later than
20 working days after notice of issuance of the childs
visa. The applicant shall stay in the country with the
child for at least 5 days to allow them to bond.) (S11
RA 8043)
Pre-adoptive
Placement Costs
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. (S12 RA
8043)
Supervised Trial
Custody
6 months from the time of placement
The governmental agency or the authorized and
accredited agency in the country of the adoptive
parents which filed the application for inter-country
adoption shall be responsible for the trial custody and
the care of the child.
The adopting parent(s) shall submit to the
governmental agency or the authorized and accredited
agency, which shall in turn transmit a copy to the
Board, a progress report of the child's adjustment.
The progress report shall be taken into consideration
in deciding whether or not to issue the decree of
adoption.
The DFA shall set up a system by which Filipino
children sent abroad for trial custody are
monitored and checked as reported by the
authorized and accredited inter-country adoption
agency as well as the repatriation to the
Philippines of a Filipino child whose adoption has
not been approved.

Note: Only after the lapse of the period of trial

custody shall a decree of adoption be
issued in the said country a copy of which
shall be sent to the Board to form part of the
records of the child.
ICAB transmits AFFIDAVIT OF
CONSENT TO ADOPTION (executed by
the DSWD)to the Central Authority or
Foreign Adoption Agency within 15 days
from receipt of last post-placement
report.
Filing of Petition For Adoption by the
adoptive applicants in the court or
tribunal in accordance with their
national law.
Decree of Adoption
Issued by the Foreign Country where
the adopter resides
Transmitted by the Central Authority or
the Foreign Adoption Agency to the ICAB
Recording of the judgment in the
appropriate Civil Registry in the
Philippines.
Distinctions
AS TO DOMESTIC INTER- COUNTRY
ADOPTION ADOPTION
TYPE OF JUDICIAL EXTRAJUDICIAL
PROCEEDING
GOVERNING LAW Domestic Adoption Inter-Country
Act of 1998; SC Adoption Act of
Rule On Adoption 1995; ROA
COVERAGE Filipinos (w/ some Aliens or Filipinos
xpns) adopting permanently
filipinos residing abroad
adopting filipinos
WHERE TO FILE FC where adopter FC where the child
resides. resides or may be
If adopter is a non- found; OR ICAB in
resident- FC where the country of
the child resides or prospective
may be found adopters
 Distinctions
AS TO DOMESTIC INTER- COUNTRY
ADOPTION ADOPTION
WHO MAY ADOPT S4 ROA Alien or Filipino citizen
permanently residing
abroad
WHO MAY BE S5 ROA Only legally free child
ADOPTED
CHANGE OF NAME; May be included in the Not included
RECTIFICATION OF petition
SIMULATED BIRTH;
DECLARATION THAT
THE CHILD IS A
FOUNDLING ETC.
PUBLICATION At least once a week No publication
REQUIREMENT for 3 successive weeks required
in a newspaper of gen
circ in the province/
city where the court is
situated
Distinctions
AS TO DOMESTIC INTER- COUNTRY
ADOPTION ADOPTION
SUPERVISED TRIAL 1. At least 6 mos., 1. At least 6 mos.
CUSTODY but the court 2. Within the
may reduce country of the
period or exempt adopter
parties from trial
custody;
2. Within the
Philippines

COURT THAT Family court Foreign court

ISSUES THE
DECREE OF
ADOPTION