Question & AnswerQ&A (Republic Act No. 8043)
Republic Act No. 8043 is known as the 'Inter-Country Adoption Act of 1995.'
The policy is to provide every neglected and abandoned Filipino child with a family that offers love, care, and opportunities for growth, prioritizing placement with Filipino adoptive families before considering inter-country adoption when beneficial for the child.
Inter-country adoption 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, trial custody undertaken, and decree of adoption issued outside the Philippines.
A child is defined as a person below fifteen (15) years of age unless emancipated earlier by law.
The Board acts as the central authority for inter-country adoption matters, protecting Filipino children from abuse, overseeing adoption processes, accrediting agencies, issuing rules and regulations, and coordinating with relevant stakeholders to ensure the child's best interest.
The adopter must be at least 27 years old and 16 years older than the child, capable of parental authority under national laws, not convicted of crimes involving moral turpitude, eligible under foreign law to adopt, able to provide proper care and support, and come from a country with diplomatic relations and accredited adoption agencies with the Philippines.
Only a 'legally free child' can be adopted, meaning a child voluntarily or involuntarily committed to the Department of Social Welfare and Development in accordance with the Child and Youth Welfare Code.
A child study, birth/foundling certificate, deed of voluntary commitment or abandonment, death certificates of parents, medical evaluation, psychological evaluation if necessary, and a recent photo must be submitted to the Board.
The application can be filed with the Philippine Regional Trial Court having jurisdiction over the child or with the Inter-Country Adoption Board through an intermediate agency in the country of the prospective adoptive parents following set requirements.
Penalties include imprisonment from six years and one day to twelve years and/or fines ranging from Fifty thousand pesos to Two hundred thousand pesos. Acts considered illegal include consent obtained by coercion or fraud, lack of authority from the Board, or exposure of the child to abuse.
Trial custody lasts six months during which the adoptive parents must care for the child and submit progress reports to the adoption agency and Board. Only after successful completion can the decree of adoption be issued.
The maximum number of foreign adoptions allowed is six hundred per year for the first five years, and the number of accredited foreign adoption agencies shall not exceed one hundred annually.
They may face penalties under civil service laws, including automatic suspension during investigation, in addition to criminal penalties under the Act.
The Department must prepare executive agreements with foreign countries to legitimize and safeguard inter-country adoptions and set up systems to monitor Filipino children under trial custody abroad.
A legally free child is one voluntarily or involuntarily committed to the Department of Social Welfare and Development under the Child and Youth Welfare Code, deemed free from legal ties to natural parents for adoption purposes.