Key Definitions
- Inter-country adoption: Adoption by a foreigner or Filipino resident abroad, legally processed and finalized outside the Philippines.
- Child: Person under 15 years old unless emancipated.
- Department: Department of Social Welfare and Development (DSWD).
- Authorized and accredited agency: State welfare or licensed adoption agency recognized by DSWD.
- Legally-free child: Child committed to the Department by law.
- Matching: Careful pairing of child and adoptive parent.
- Board: Inter-country Adoption Board.
Inter-Country Adoption Board (ICAB)
- Central authority for inter-country adoption matters.
- Policy-making, monitoring, licensure of agencies, and prevention of abuses and improper gains.
- Protects children from abuse, exploitation, trafficking, and harmful adoption practices.
- Maintains confidentiality of adoption records.
- Accredits foreign adoption agencies, limits such agencies to 100 per year.
- Can cancel licenses and blacklist agencies violating the law.
Board Composition and Compensation
- Chairman: Secretary of DSWD (ex officio).
- Members: Six appointed by the President for one six-year term.
- Composition: 1 psychiatrist/psychologist, 2 lawyers (with qualifications of regional trial court judges), 1 registered social worker, 2 NGO child-care representatives.
- Members receive PHP 1,500 per meeting, max four meetings per month compensation.
Powers and Functions of the Board
- Issue rules and regulations necessary for law implementation.
- Supervise Inter-country Adoption Placement Committee.
- Set procedures for parent-child matching.
- Establish schedules for fees and application forms.
- Formulate policies to protect children from abuse and improper financial gain.
- Promote development of adoption and post-adoption services.
- Accredit and authorize foreign adoption agencies complying with Philippine and foreign government requirements.
- Ensure confidentiality of adoption records.
- Recommend Memoranda of Agreement with foreign countries.
- Coordinate with other agencies and courts on adoption and child transfer matters.
Inter-Country Adoption as Last Resort
- Must exhaust all possibilities of local adoption under the Family Code before allowing inter-country adoption.
- Caps foreign adoptions at 600 per year for the first five years.
Eligibility of Child for Inter-Country Adoption
- Only legally-free children may be adopted inter-country.
- Required submission of child study, birth/foundling certificate, parental documents (commitment, abandonment, death), medical and psychological evaluations, and recent photo.
Eligibility of Prospective Adoptive Parents
- Must be foreigner or Filipino permanently residing abroad.
- Requirements:
- At least 27 years old and 16 years older than the child (exceptions for natural parents or spouses).
- Joint application if married.
- Capacity to assume parental rights under their national law.
- Has undergone accredited counseling.
- No conviction for crimes involving moral turpitude.
- Eligible under own national law to adopt.
- Able to provide proper care, support, moral values.
- Agree to uphold child's rights under Philippine laws and international conventions.
- Country must have diplomatic relations with the Philippines and maintain corresponding accredited adoption agency.
Application Procedures
- File application with Philippine Regional Trial Court or Board via accredited agency.
- Required documents (translated into English): birth certificates, marriage or divorce papers, written consent of biological/adopted children over 10, physical/medical/psychological evaluations, financial documents, police clearance, character references, recent photos.
- Judicial adoption governed by Rules of Court.
Family Selection and Matching
- Matching authorized only when local adoption is impossible.
- Board issues clearance before placement.
- Adoptive parents must personally collect the child in the Philippines before placement abroad.
Financial Responsibilities of Adoptive Parents
- Must bear all costs associated with bringing the child abroad, including travel, passport, visa, medical and psychological evaluations.
Fees and Use
- Fees collected by the Board support application processing and Board activities exclusively.
Supervision of Trial Custody
- Trial custody period: six months under agency in adoptive parents’ country.
- Agencies provide family counseling and related services.
- Progress reports during trial period influence adoption decree issuance.
- DFA monitors children abroad during trial and coordinates repatriation if adoption disapproved.
Executive Agreements
- DFA prepares Executive Agreements with foreign countries to ensure their cooperation with safeguards in the Act.
Penalties
- Illegal adoption:
- Imprisonment 6 years and 1 day to 12 years, and/or fines PHP 50,000 to PHP 200,000.
- Illegal if contrary to this Act, rules, agreements, or involves coercion, fraud, no Board authority, noncompliance with procedure, or child abuse/exploitation.
- Breach of confidentiality:
- Imprisonment 1 year and 1 day to 2 years, and/or PHP 5,000 to PHP 10,000 fine.
- Attempted offenses punished with penalties two degrees lower.
- Syndicate offenses or offenses involving two or more children considered child trafficking, punishable by reclusion perpetua.
- Penalties add to other applicable laws.
Penalties for Public Officers
- Government officials involved penalized likewise plus civil service sanctions.
- Automatic suspension upon filing of administrative/criminal case until case resolution.
Implementation and Appropriations
- Board, coordinating with relevant agencies, must promulgate implementing rules within six months.
- Initial funding: PHP 5,000,000 from Lotto proceeds.
- Subsequent funding through General Appropriations Act.
Miscellaneous Provisions
- Separability clause ensures validity of remaining law if any provision is invalid.
- Repeals inconsistent laws, decrees, orders.
- Act takes effect 15 days after publication in two newspapers of general circulation.