QuestionsQuestions (Republic Act No. 8043)
The law is entitled the “Inter-Country Adoption Act of 1995.” It establishes the rules governing inter-country adoption of Filipino children and seeks to protect the child’s best interests and fundamental rights while allowing inter-country adoption only when beneficial and consistent with safeguards.
The State aims to provide neglected and abandoned children with a family that offers love, care, and opportunities for growth and development; it prioritizes placement with adoptive families in the Philippines, while ensuring inter-country adoption is allowed only when it proves beneficial to the child’s best interests and protects fundamental rights.
It is the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad, where the petition is filed, supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines.
“Child” means a person below 15 years of age unless sooner emancipated by law. “Legally-free child” refers to a child committed to the Department in accordance with the Child and Youth Welfare Code, either voluntarily or involuntarily, and therefore legally available for adoption.
The Board is created as the central authority and policy-making body on inter-country adoption matters. It ensures child protection (against abuse, exploitation, trafficking/sale), maintains confidential records, monitors and facilitates completion of adoption, prevents improper financial gain, licenses/accredits agencies, and can cancel licenses and blacklist violating agencies.
The Secretary of the Department serves as ex officio Chairman. Six (6) other members are appointed by the President for a nonrenewable six (6)-year term, including: one psychiatrist/psychologist, two lawyers qualified like RTC judges, one registered social worker, and two NGO representatives engaged in child-care/placement.
The Board prescribes rules and regulations; sets guidelines for placement committees and matching; sets application forms and fee schedules; develops policies/services to protect children; institutes systems to prevent improper financial gain; licenses/accredits foreign agencies (limited to 100 per year); ensures record confidentiality; recommends executive agreements to ensure safeguards; monitors and facilitates completion; and can cancel agency licenses and blacklist violators.
The Board must ensure all possibilities for adoption in the Philippines under the Family Code have been exhausted and that inter-country adoption is in the best interests of the child. Guidelines must be set to place the child locally before inter-country placement.
Yes. The maximum number allowed for foreign adoption shall not exceed 600 a year for the first five (5) years.
Documents include: child study; birth certificate/foundling certificate; deed of voluntary commitment/decree of abandonment/death certificate of parents; medical evaluation/history; psychological evaluation as necessary; and recent photo of the child.
An alien or a Filipino permanently residing abroad may file if: at least 27 years old and at least 16 years older than the child (except for parent by nature or spouse of such parent); if married, spouse jointly files; has capacity under national law and underwent appropriate counseling by an accredited counselor; has not been convicted of a crime involving moral turpitude; is eligible to adopt under national law; can provide proper care and moral values; agrees to uphold child rights under Philippine laws, the UNCRC, and to abide by implementing rules; comes from a country with diplomatic relations and similarly authorized/accredited agencies where adoption is allowed; and meets all other qualifications/no disqualifications under applicable Philippine laws.
The application may be filed with the Philippine Regional Trial Court having jurisdiction over the child, or with the Board through an intermediate agency (governmental or authorized and accredited) in the adopting parents’ country, consistent with implementing rules and requirements.
It requires: applicants’ birth certificates; marriage contract if married and divorce decree if applicable; sworn written consent of biological/adopted children above 10 years old; physical/medical/psychological evaluations by licensed professionals; income tax returns or proof of financial capability; police clearance; character references (church/minister, employer, community member) knowing the applicants for at least five years; and recent postcard-size pictures of applicants and immediate family. Documents must be written and officially translated in English.
No child is matched to a foreign adoptive family unless it is satisfactorily shown the child cannot be adopted locally. Board clearance with minutes forms part of the child’s records. Once the Board transmits Placement Authority and travel documents are ready, the adoptive parents (or one of them) must personally fetch the child in the Philippines.
Trial custody lasts six (6) months from placement under the governmental or accredited agency in the adopting parents’ country, which also provides counseling and related services. Only after the lapse of the trial custody period shall the decree of adoption be issued in that country, and a copy must be sent to the Board as part of the child’s records. Progress reports on adjustment must be submitted during the trial custody and considered in deciding whether to issue the decree.
Applicants bear: (1) costs of bringing the child from the Philippines to their residence abroad, including all travel expenses within the Philippines and abroad; and (2) costs of passport, visa, medical examination, psychological evaluation required, and other related expenses.
Illegal adoption: imprisonment from 6 years and 1 day to 12 years and/or a fine of at least ₱50,000 but not more than ₱200,000. Violation of confidentiality/integrity of records/documents/communications: imprisonment from 1 year and 1 day to 2 years and/or a fine of at least ₱5,000 but not more than ₱10,000. Attempt penalties are two degrees lower than those for consummated felonies.
When committed by a syndicate or when involving two or more children, the acts constitute child trafficking and merit reclusion perpetua. A syndicate exists if carried out by a group of three (3) or more persons conspiring/confederating to carry out the unlawful acts.
Any government official, employee, or functionary found guilty of violating the provisions or conspiring with private individuals faces the prescribed criminal penalties plus administrative consequences under civil service laws, rules, and regulations; upon filing of a case (administrative or criminal), the official automatically suffers suspension until resolution.