BASIC GUIDELINES ON HOW A FOREIGNER CAN ADOPT A

FILIPINO CHILD
Before we go into the process of Philippine inter-country adoption, let us
first discuss two important matters relevant to it, namely: a) who may be
adopted; and b) who can adopt.

Who may be adopted?

Only a legally-free child may be adopted by a foreigner. Legally-free child
means one who is certified by the Department of Social Welfare and
Development (DSWD) to be legally available for adoption.(Republic Act
9523)

Who can adopt

A foreigner must meet the following requirements in order to be qualified
to adopt in the Philippines under the Inter-Country Adoption Act:
a) at least twenty-seven (27) years of age and at least sixteen (16) years
older than the child to be adopted, at the time of application
exception: if the adopter is the parent by nature of the child to be adopted
or the spouse of such parent, he/she is not required to meet the above age
requirement;
b) if married, his/her spouse must jointly file for the adoption;
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) not convicted of a crime involving moral turpitude;
e) eligible to adopt under his/her national law;
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

Process
The following is the step-by-step process a foreigner will undergo in
Philippine inter-country adoption as prescribed by the law’s implementing
rules and regulations:
STEP 1
Filing of application for adoption
The foreigner may file an application either in the Philippine Inter-Country
Adoption Board (ICAB) or in an accredited Foreign Adoption Agency
(FAA) in the country in which he/she resides. In case filing is made at
ICAB, the Board must act on the application within one (1) month from
receipt thereof, provided all documentary requirements are complete.

STEP 2
Endorsement of the Child by DSWD
The endorsement basically contains a certification that all possibilities for
adoption of the child in the Philippines have been exhausted and that inter-
country adoption is in his/her best interests.

In cases of adoption by a relative, a Certification issued by the DSWD Field

Office Director together with the Child Study Report (CSR) and other
supporting documents shall be endorsed to the Board.

STEP 3
Matching of the child to the applicant
A matching conference will be conducted by the Inter-country Adoption
Committee (Committee) wherein deliberations shall be made regarding the
proposed matching.

Consequently, the final matching proposal will be endorsed to the Board

for approval or other appropriate action.

If the same is approved, a notice of matching shall be sent to the concerned

Central Authority (CA) or the foreign adoption agency (FAA) within five
(5) days from the date of approval, accompanied by the pertinent
documents.

The foreigner applicant, on the other hand, must notify in writing the CA
or the FAA of their decision on the matching proposal within fifteen (15)
working days from receipt of said proposal.

If the applicant needs additional information about the child and/or they
need more time to arrive at a decision, an extension of thirty (30) working
days may be granted.

STEP 4
Placement Authority of the child
Within three (3) working days upon receipt of the applicant’s acceptance of
the matching proposal and the corresponding fees from the CA or the FAA,
the Board shall issue the Placement Authority.

The Board shall also transmit a copy of above Authority to the Department
of Foreign Affairs and back to the CA or FAA.

STEP 5
Pre-departure preparation of the child
The child shall then be prepared for his/her placement by the concerned
Child Caring/Placing Agency. Said preparation aims to minimize the
anxiety and trauma caused by the his/her separation from the persons he
/she may have formed previous attachments. Further, the preparation also
ensures the child’s physical and emotional readiness to embark on a new
environment.

STEP 6
Physical transfer of the child
The foreigner adoptive parents must personally fetch the child from the
Philippines within twenty (20) working days after notice of the issuance of
the child’s visa. Further, the applicant must also stay here with the child for
at least five (5) days from arrival in order to allow a time for bonding
between both parties.

CAVEAT: In case the applicant is unable to fetch the child within above
period, a letter from the CA or FAA explaining such failure is required.
Absence of such authority may result in the cancellation of the Placement
Authority.

STEP 7
Supervision of pre-adoptive placement
Trial custody shall start upon the physical transfer of the child to the
applicant who, as custodian, shall exercise substitute parental authority
over his/her person.

The CA and/or the FAA of the State to which the child has been
transferred shall supervise and monitor the placement of said child. They
are tasked to maintain communication with the applicants from the time
the child leaves the Philippines until the time adoption is finalized.

The FAA shall also be responsible for the pre-adoptive placement, care and
family counselling of the child for at least six (6) months from his/her
arrival in the residence of the applicant/s, when applicable.
Adoptions by relatives are subject to the same requirements under this
Section.

STEP 8
Board consent to adoption
If a satisfactory pre-adoptive relationship is formed between the
applicant/s and the child, the Board shall transmit an Affidavit of Consent
to the adoption, executed by the DSWD to CAA and/or the FAA within
fifteen (15) days after receipt of the last post placement report.

STEP 9
Filing of petition for adoption in the foreigner-applicant’s country
The CAA and/or the FAA shall ensure that the applicant/s file the
appropriate petition for adoption of the child in the proper venue set forth
in the laws of his country.

STEP 10
Issuance of the decree of adoption
Within one (1) month after its issuance, a copy of the final Decree of
Adoption or its equivalent, including the Certificate of
Citizenship/Naturalization, whenever applicable, shall be transmitted by
the Central Authority and/or the FAA to the Board.

The Board shall in turn, require the recording of the final judgment in the
appropriate Philippine Civil Registry.