Introduction

The law that governs inter-country adoption in the Philippines is Republic Act No. 8043 approved on June 7, 1995.It is the policy of the Philippines to provide every neglected and abandoned child with a family with priorities to place the child with an adoptive family in the Philippines. However, this law recognize inter-country adoption to allow aliens to adopt provided it shall be beneficial to the child's best interests, and shall serve and protect his/her fundamental rights. Thus, inter-country adoption shall be the last resort only if all possibilities under the Family Code have been exhausted.Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines.This law is in compliance with theHague Convention on the Protection of Children and Co-operation in respect of Inter-country Adoption1, to which the Philippines is a State Party and is denominated as a Sending Country.

The Inter-Country Adoption Board

The Inter-Country Adoption Board is the central authority in matters relating to inter-country adoption.It shall act as the policy-making bodyThe Board shall be composed of the Secretary of the Department of Social Welfare and Development (DSWD) as ex officio Chairman, and six (6) other members to be appointed by the President for a nonrenewable term of six (6) years. There shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers who shall have at least the qualifications of a regional trial court judge, one (1) registered social worker and two (2) representatives from non-governmental organizations engaged in child-caring and placement activities.Who May AdoptAn alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she:(a) is 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 unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent:(b) if married, his/her spouse must jointly file for the adoption;(c) 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/her country;(d) has not been convicted of a crime involving moral turpitude;(e) is eligible to adopt under his/her national law;(f) is 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.

Who May be Adopted

Only a legally free child may be the subject of inter-country adoption. Legally-free child means a child who has been voluntarily or involuntarily committed to the Department of Social Welfare and Development (DSWD), in accordance with the PhilippineChild and Youth Welfare Code. Child means a person below fifteen (15) years of age unless sooner emancipated by law.

Requirements to be submitted to the Inter-country Adoption Board in order the child may be considered for placement

(a) Child study;(b) Birth certificate/foundling certificate;(c) Deed of voluntary commitment/decree of abandonment/death certificate of parents;(d) Medical evaluation /history;(e) Psychological evaluation, as necessary; and(f) Recent photo of the child.Where to File Application?There are two ways to file an application:1. filed before the Philippine Regional Trial Court having jurisdiction over the child, in which case theRules of Courtshall apply2. with the Inter-country Adoption Board, through an intermediate agency in the country of the prospective adoptive parentsWhat are the documents needed together with the application for adoption?The application shall be supported by the following documents written and officially translated in English.(a) Birth certificate of applicant(s);(b) Marriage contract, if married, and divorce decree, if applicable;(c) Written consent of their biological or adoptive children above ten (10) years of age, in the form of sworn statement;(d) Physical, medical and psychological evaluation by a duly licensed physician and psychologist;(e) Income tax returns or any document showing the financial capability of the applicant(s);(f) Police clearance of applicant(s);(g) Character reference from the local church/minister, the applicant's employer and a member of the immediate community who have known the applicant(s) for at least five (5) years; and(h) Recent postcard-size pictures of the applicant(s) and his immediate family;

What are the rules for Family Selection/Matching?Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship.1. No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally.2. The clearance shall be issued by the Inter-country Adoption Board for the placement of the child.3. The Board shall transmit the Placement Authority to the authorized and accredited inter-country adoption agency.4. The adoptive parents, or any one of them, shall personally fetch the child in the Philippines once all the travel documents of the child are ready.

What are the Pre-adoptive Placement Costs?

The applicant(s) shall bear the following costs incidental to the placement of the child;1. 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; and2. The cost of passport, visa, medical examination and psychological evaluation required, and other related expenses.Who shall be responsible for the Supervision of Trial Custody?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.It shall also provide family counseling and other related services.The trial custody shall be for a period of six (6) months from the time of placement.Only after the lapse of the period of trial custody shall a decree of adoption is issued in the said country a copy of which shall be sent to the Board to form part of the records of the child.During the trial custody, 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.

What are the penalties provided for in this law?

(a) Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption, in violation of the provisions of this Act, shall be punished with a penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine of not less than Fifty thousand pesos (P50,000), but not more than Two hundred thousand pesos (P200.000), at the discretion of the court.For purposes of this Act, an adoption is illegal if it is effected in any manner contrary to the provisions of this Act or established State policies, its implementing rules and regulations, executive agreements, and other laws pertaining to adoption. Illegality may be presumed from the following acts:(1) consent for an adoption was acquired through, or attended by coercion, fraud, improper material inducement;(2) there is no authority from the Board to effect adoption;(3) the procedures and safeguards placed under the law for adoption were not complied with; and(4) the child to be adopted is subjected to, or exposed to danger, abuse and exploitation.(b) Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents and communications of adoption applications, cases and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000), but not more than Ten thousand pesos (P10,000), at the discretion of the court.A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated.Acts punishable under this Article, when committed by a syndicate or where it involves two or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua.Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article. Penalties as are herein provided shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws, ordinances, executive orders, and proclamations.

What will happen to Public Officers who violates this law?

Any government official, employee or functionary who shall be found guilty of violating any of the provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations:Provided,That upon the filing of a case, either administrative or criminal, said government official, employee or functionary concerned shall automatically suffer suspension until the resolution of the case.

How much are the fees for those interested in adopting Filipino children?The applicants are to bear the following costs

a) Adoption Application Fee--$100.00 (non-refundable upon endorsement of the Adoption Application and Supporting Documents)

b) Processing Fee--US$900.00--for relative and non-relative adoptionUS$ 400.00--for Special Needs Children

c) Pre-travel Expenses-- The cost of the passport, visa, medical examination, psychological evaluation, travel expenses of the child within the Philippines and for abroad ( the cost varies on a country to country basis)

d) US$500 Child Care Support Fund for the Child Caring Agencies

What is the required age for the Adoptive Applicants?

It is a requirement in the Philippine Inter-country Adoption Law that the adoptive applicants must at least be 16 years older than the child to be adopted at the time of filing of the application or maintained a maximum age gap ofHow long is the processing time?

Adoption applicants that have substantive Home Study Report (HSR) and complete supporting documents are reviewed and approved within one month from receipt of the adoption applicant/s' dossier. On the other hand, adoption application with lacking information and/or documents are reviewed and processed depending upon the submission/completion by the Central Authority/Foreign Adoption Agency (CA/FAA) of the requested information and/or documents with the corresponding delay in its approval.

The matching or child referral or allocation largely depends on the stated child preference (i.e. child's age, gender and state of health or extent of known background) of the Prospective Adoptive Parents (PAPs). This usually takes nine (9) months to one (1) year after the PAPs' approval. If one is willing to accept a special needs child then it generally shortens the waiting period for child allocation.Frequently Asked Questions from the ICAB2

(website: source:http://www.skyinet.net/~icaba/index.html)1. Can a prospective adoptive parent choose the gender of the child to be adopted?

Yes, the adoptive applicants have the option to choose the gender and the age of their child preference.

2. If you adopt a sibling group, do you pay one processing fee, or one fee for each child?The Prospective Adoptive Parents pay only one processing fee regardless of the number of siblings in the group to be adopted. The ICAB estimates the pre-travel expenses (for the processing of travel documents e.g. passport, Birth Certificates, Visa Medical Examination, Visa Pictures, etc.) for each child and is a separate payment from the processing fee. The cost of the pre-travel expenses is for each child to be processed by the ICAB and to be paid by the PAPs.

3. Will a health certificate be issued to the adopted child? If so what diseases will he or she be tested for? Will the child be subject to AIDS testing?

Generally, children cleared for inter-country adoption have been tested and also received immunizations against common childhood ailments while under the care and custody of Child Caring/Child Placing Agencies (orphanages/Institutions for children). However, children bound for inter-country adoption placement undergo visa medical examination or health examination prior to the issuance of their entry visa if this is an immigration requirement of the Receiving Country. To date, visa medical examinations include: blood testing, stool examination, urine test, skin test for allergies, Tuberculin test for Primary Complex or pulmonary Tuberculosis, Hepatitis B (if requested) and HIVFilipino children are not subjected to AIDS tests unless there are factors (e.g. child's birthmother is a prostituted woman with multiple partners, drug user, etc.) that would logically require the AIDS test to be done because it will be in the child's best interests.

4. Is the adoption process transparent?

Yes, very transparent! The Central Authority representatives can come and visit the ICAB, may request the observation of the Matching Conference, have dialogues with the ICAB Secretariat Social Workers, may schedule visits to the different Child Caring/Placing Agencies or write, fax, email or courier us to Inquire, among others, on matters pertaining to Prospective adoptive Parents (PAPs) application, the child being proposed to the PAPs and other inter-country adoption concerns they wish to be clarified.

5. What are the legal guarantees of PAPs in the event the biological parents of the adopted Filipino child changes their mind about the adoption?

a) The children placed for inter-country adoption are those who are either involuntary committed by virtue of a Regional Trial Court's/Family Court's Declaration of Abandonment (DA) or those who are voluntarily committed or relinquished by their biological parent/s and legal guardian by virtue of a Deed of Voluntary Commitment (DVC) made out to the Department of Social Welfare and Development (DSWD), the Philippine Competent Authority on adoption.

b) The Involuntary Commitment is a judicial process that terminates the parental authority of the biological parent/s or legal guardians.

c) When a child has been voluntarily committed in writing by his/her biological parent/s or legal guardians to the custody of the DSWD or any licensed Child Caring/Child Placing Agency, the rights of his/her biological parent/s guardians or other custodian to exercise parental authority over him is severed. The biological parent/s guardian may petition for therestoration of their parental rights and authority over the child within six months after the surrender (DVC) and provided that the child has not left the country with the PAPs.

6. Is there a possibility that the Child will be taken away from the custody of the PAPs after the initial 6 months period?

The child may be taken away from the custody of the PAPs during the initial 6 months trial custody period if the CA/FAA finds that the child or the PAPs or both find/s the pre-adoptive relationship to beunsatisfactory of if the CA/FA finds that the continued placement of the child is not in the child's best interest. Said relationship is suspended by the Board.

7. Are there many children available in the waiting child program and what are the circumstances?

We have a number of Special Needs Children- Special Home Finding of either sex orOlder children whose age range is from 5 - 15 years oldChildren belonging to a sibling group of 3 or moreChildren found positive of Hepa B or HIVChildren with minor medical conditions (cleft lip/palate, half or total blindness, hearing impaired, mild cerebral palsy, etc.) developmental delays (language/speech, motor skills, etc.)

8. How long is typical for waiting for this program?

Generally, all our waiting children have been cleared for inter-country adoption placement and once the FAA notifies the ICAB that a possible family is interested in a specific child/ren in the Special Needs Children - Special Home Findings program, such a case/s is/are put on hold. The ICAB allows the FAA to complete and endorse the dossier of the SHF adoption applicants within a 4 month period. The ICAB Secretariat Social Worker in charge of the SNC-SHF program is mandated by the Board to present the case within one week after receipt of the application if the endorsed dossier of the family has thorough and substantial information in the Home Study Report (HSR) and supporting documents are complete and likewise, the dossier of the child is complete and updatedReferences:1.CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION2.Republic Act No. 8043 Inter-Country Adoption Act of 1995.The full text are provided hereunder:CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION(Concluded 29 May 1993) (Entered into force1 May 1995)

The States signatory to the present Convention,Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,Recalling that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin,Recognizing that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin,Convinced of the necessity to take measures to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in children,Desiring to establish common provisions to this effect, taking into account the principles set forth in international instruments, in particular the United Nations Convention on the Rights of the Child, of 20 November 1989, and the United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (General Assembly Resolution 41/85, of 3 December 1986),Have agreed upon the following provisions

CHAPTER I SCOPE OF THE CONVENTIONArticle 1The objects of the present Convention are a)to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law;b)to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children;c)to secure the recognition in Contracting States of adoptions made in accordance with the Convention.Article 2(1) The Convention shall apply where a child habitually resident in one Contracting State ("the State of origin") has been, is being, or is to be moved to another Contracting State ("the receiving State") either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.(2) The Convention covers only adoptions which create a permanent parent-child relationship.Article 3The Convention ceases to apply if the agreements mentioned in Article 17, sub-paragraphc, have not been given before the child attains the age of eighteen years.

CHAPTER II REQUIREMENTS FOR INTERCOUNTRY ADOPTIONSArticle 4An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin a)have established that the child is adoptable;b)have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child's best interests;c)have ensured that(1) the persons, institutions and authorities whose consent is necessary for adoption, have been counseled as may be necessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin,(2) such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing,(3) the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and(4) the consent of the mother, where required, has been given only after the birth of the child; andd)have ensured, having regard to the age and degree of maturity of the child, that(1) he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required,(2) consideration has been given to the child's wishes and opinions,(3) the child's consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and(4) such consent has not been induced by payment or compensation of any kind.Article 5An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State a)have determined that the prospective adoptive parents are eligible and suited to adopt;b)have ensured that the prospective adoptive parents have been counselled as may be necessary; andc)have determined that the child is or will be authorized to enter and reside permanently in that State.

CHAPTER III CENTRAL AUTHORITIES AND ACCREDITED BODIESArticle 6(1) A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.(2) Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.Article 7(1) Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.(2) They shall take directly all appropriate measures to a)provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms;b)keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application.Article 8Central Authorities shall take, directly or through public authorities, all appropriate measures to prevent improper financial or other gain in connection with an adoption and to deter all practices contrary to the objects of the Convention.Article 9Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to a)collect, preserve and exchange information about the situation of the child and the prospective adoptive parents, so far as is necessary to complete the adoption;b)facilitate, follow and expedite proceedings with a view to obtaining the adoption;c)promote the development of adoption counseling and post-adoption services in their States;d)provide each other with general evaluation reports about experience with intercountry adoption;e)reply, in so far as is permitted by the law of their State, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation.Article 10Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.Article 11An accredited body shall a)pursue only non-profit objectives according to such conditions and within such limits as may be established by the competent authorities of the State of accreditation;b)be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption; andc)be subject to supervision by competent authorities of that State as to its composition, operation and financial situation.Article 12A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorized it to do so.Article 13The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.

CHAPTER IV PROCEDURAL REQUIREMENTS IN INTERCOUNTRY ADOPTIONArticle 14Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence.Article 15(1) If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care.(2) It shall transmit the report to the Central Authority of the State of origin.Article 16(1) If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall a)prepare a report including information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child's family, and any special needs of the child;b)give due consideration to the child's upbringing and to his or her ethnic, religious and cultural background;c)ensure that consents have been obtained in accordance with Article 4; andd)determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.(2) It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.Article 17Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if a)the Central Authority of that State has ensured that the prospective adoptive parents agree;b)the Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin;c)the Central Authorities of both States have agreed that the adoption may proceed; andd)it has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorized to enter and reside permanently in the receiving State.Article 18The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.Article 19(1) The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.(2) The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.(3) If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.Article 20The Central Authorities shall keep each other informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required.Article 21(1) Where the adoption is to take place after the transfer of the child to the receiving State and it appears to the Central Authority of that State that the continued placement of the child with the prospective adoptive parents is not in the child's best interests, such Central Authority shall take the measures necessary to protect the child, in particular a)to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care;b)in consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents;c)as a last resort, to arrange the return of the child, if his or her interests so require.(2) Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken under this Article.Article 22(1) The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State.(2) Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or persons who a)meet the requirements of integrity, professional competence, experience and accountability of that State; andb)are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.(3) A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these bodies and persons.(4) Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 1.(5) Notwithstanding any declaration made under paragraph 2, the reports provided for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1.

CHAPTER V RECOGNITION AND EFFECTS OF THE ADOPTIONArticle 23(1) An adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognized by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub-paragraphc), were given.(2) Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities.Article 24The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.Article 25Any Contracting State may declare to the depositary of the Convention that it will not be bound under this Convention to recognize adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.Article 26(1) The recognition of an adoption includes recognition ofa)the legal parent-child relationship between the child and his or her adoptive parents;b)parental responsibility of the adoptive parents for the child;c)the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.(2) In the case of an adoption having the effect of terminating a pre-existing legal parent-child relationship, the child shall enjoy in the receiving State, and in any other Contracting State where the adoption is recognized, rights equivalent to those resulting from adoptions having this effect in each such State.(3) The preceding paragraphs shall not prejudice the application of any provision more favorable for the child, in force in the Contracting State which recognizes the adoption.Article 27(1) Where an adoption granted in the State of origin does not have the effect of terminating a pre-existing legal parent-child relationship, it may, in the receiving State which recognizes the adoption under the Convention, be converted into an adoption having such an effect a)if the law of the receiving State so permits; andb)if the consents referred to in Article 4, sub-paragraphscandd, have been or are given for the purpose of such an adoption.(2) Article 23 applies to the decision converting the adoption.

CHAPTER VI GENERAL PROVISIONSArticle 28The Convention does not affect any law of a State of origin which requires that the adoption of a child habitually resident within that State take place in that State or which prohibits the child's placement in, or transfer to, the receiving State prior to adoption.Article 29There shall be no contact between the prospective adoptive parents and the child's parents or any other person who has care of the child until the requirements of Article 4, sub-paragraphsa)toc), and Article 5, sub-paragrapha), have been met, unless the adoption takes place within a family or unless the contact is in compliance with the conditions established by the competent authority of the State of origin.Article 30(1) The competent authorities of a Contracting State shall ensure that information held by them concerning the child's origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.(2) They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.Article 31Without prejudice to Article 30, personal data gathered or transmitted under the Convention, especially data referred to in Articles 15 and 16, shall be used only for the purposes for which they were gathered or transmitted.Article 32(1) No one shall derive improper financial or other gain from an activity related to an intercountry adoption.(2) Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid.(3) The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.Article 33A competent authority which finds that any provision of the Convention has not been respected or that there is a serious risk that it may not be respected, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measures are taken.Article 34If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents.Article 35The competent authorities of the Contracting States shall act expeditiously in the process of adoption.Article 36In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units a)any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;b)any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;c)any reference to the competent authorities or to the public authorities of that State shall be construed as referring to those authorized to act in the relevant territorial unit;d)any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.

Article 37In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.Article 38A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.Article 39(1) The Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.(2) Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.Article 40No reservation to the Convention shall be permitted.Article 41The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.Article 42The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.

CHAPTER VII FINAL CLAUSESArticle 43(1) The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session.(2) It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.Article 44(1) Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1.(2) The instrument of accession shall be deposited with the depositary.(3) Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraphb)of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.Article 45(1) If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.(2) Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.(3) If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.Article 46(1) The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 43.(2) Thereafter the Convention shall enter into force a)for each State ratifying, accepting or approving it subsequently, or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;b)for a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to in that Article.Article 47(1) A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.(2) The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.Article 48The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following a)the signatures, ratifications, acceptances and approvals referred to in Article 43;b)the accessions and objections raised to accessions referred to in Article 44;c)the date on which the Convention enters into force in accordance with Article 46;d)the declarations and designations referred to in Articles 22, 23, 25 and 45;e)the agreements referred to in Article 39;f)the denunciations referred to in Article 47.In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.Done at The Hague, on the 29th day of May 1993, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Seventeenth Session and to each of the other States which participated in that Session.

Republic Act No. 8043 Inter-Country Adoption Act of 1995.ARTICLE 1GENERAL PROVISIONSSEC. 1.Short Title.- This Act shall be known as the Inter-Country Adoption Act of 1995.SEC. 2.Declaration of Policy- It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will provide such child with love and care as well as opportunities for growth and development. Towards this end, efforts shall be exerted to place the child with an adoptive family in the Philippines. However, recognizing that inter-country adoption may be considered as allowing aliens, not presently allowed by law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens or aliens, the State shall take measures to ensure that inter-country adoptions are allowed when the same shall prove beneficial to the childs best interests and shall serve and protect his/her fundamental rights.SEC. 3.Definition of Terms. -As used in this Act, the term:a)Inter-country adoptionrefers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken and decree of adoption is issued outside the Philippines.b) Childmeans a person below fifteen (15) years of age unless sooner emancipated by law.c) Departmentrefers to the Department of Social Welfare and Development of the Republic of the Philippines.d) Secretaryrefers to the Secretary of the Department of Social Welfare and Development.e) Authorized and accredited agencyrefers to the State welfare agency or a licensed adoption agency in the country of the adopting parents which provide comprehensive social services and which is duly recognized by the Department.f) Legally-free childmeans a child who has been voluntarily or involuntarily committed to the Department, in accordance with the Child and Youth Welfare Code.g) Matchingrefers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship.h) Boardrefers to the Inter-Country Adoption Board.ARTICLE IITHE INTER-COUNTRY ADOPTION BOARDSEC. 4.The Inter-Country Adoption Board.- There is hereby created the Inter-Country Adoption Board, hereinafter referred to as the Board, to act as the central authority in matters relating to inter-country adoption. It shall act as the policy-making body for purposes of carrying out the provisions of this Act, in consultation and coordination with the Department, the different child-care and placement agencies, adoptive agencies, as well as non-governmental organizations engaged in child-care and placement activities. As such, it shall:a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any other practice in connection with adoption which is harmful, detrimental or prejudicial to the child;b) Collect, maintain, and preserve confidential information about the child and the adoptive parents;c) Monitor, follow-up and facilitate completion of adoption of the child through authorized and accredited agency;d) Prevent improper financial or other gain in connection with an adoption and deter improper practices contrary to this Act;e) Promote the development of adoption services including post-legal adoption;f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino children;g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own country, andh) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency involved from the accreditation list of the Board upon a finding of violation of any provision under this Act.SEC. 5.Composition of the Board.- The Board shall be composed of the Secretary of the Department asex officioChairman, and six (6) other members to be appointed by the President for a nonrenewable term of six (6) years:Provided, That there shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers who shall have at least the qualifications of a regional trial court judge, one (1) registered social worker and two (2) representatives from non-governmental organizations engaged in child-caring and placement activities. The members of the Board shall receive aper diemallowance ofOne thousand five hundred pesos(P1,500.00) for each meeting attended by them:Provided, further, That no compensation shall be paid for more than four (4) meetings a month.SEC. 6.Powers and Functions of the Board- The Board shall have the following powers and functions:a)to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act, after consultation and upon favorable recommendation of the different agencies concerned with child-caring, placement and adoption;b) to set the guidelines for the convening of an Inter-Country Adoption Placement Committee which shall be under the direct supervision of the Board?c) to set the guidelines for the manner by which selection/matching of prospective adoptive parents and adoptive child can be made;d) to determine a reasonable schedule of fees and charges to be exacted in connection with the application for adoption;e) to determine the form and contents of the application for inter-country adoption;f) to formulate and develop policies, programs and services that will protect the Filipino child from abuse, exploitation, trafficking and other adoption practice that is harmful, detrimental and prejudicial to the best interest of the child;g) to institute systems and procedures to prevent improper financial gain in connection with adoption and deter improper practices which are contrary to this Act;h) to promote the development of adoption services, including post-legal adoption services;i) to accredit and authorize foreign private adoption agencies which have demonstrated professionalism, competence and have consistently pursued non-profit objectives to engage in the placement of Filipino children in their own country:Provided, That such foreign private adoption agencies are duly authorized and accredited by their own government to conduct inter-country adoption:Provided, however,That the total number of authorized and accredited foreign private adoption agencies shall not exceed one hundred (100) a year;j) to take appropriate measures to ensure confidentiality of the records of the child, the natural parents and the adoptive parents at all times;k) to prepare, review or modify, and thereafter, recommend to the Department of Foreign Affairs, Memoranda of Agreement respecting inter-country adoption consistent with the implementation of this Act and its stated goals, entered into, between and among foreign governments, international organizations and recognized international non-governmental organizations;l) to assist other concerned agencies and the courts in the implementation of this Act, particularly as regards coordination with foreign persons, agencies and other entities involved in the process of adoption and the physical transfer of the child, and;m) to perform such other functions on matters relating to inter-country adoption as may be determined by the President.ARTICLE IIIPROCEDURESEC. 7.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. Towards this end, the Board shall set up the guidelines to ensure that steps will be taken to place the child in the Philippines before the child is placed for inter-country adoption:Provided, however, That the maximum number that may be allowed for foreign adoption shall not exceed six hundred (600) a year for the first five (5) years.SEC. 8.Who May Be Adopted- Only a legally free child may be the subject of inter-country adoption. In order that such child may be considered for placement, the following documents must be submitted to the Board:a) Child Study;b) Birth Certificate/Foundling Certificate;c) Deed of Voluntary Commitment/Decree of Abandonment/death certificate of parents;d) Medical evaluation/history;e) Psychological evaluation, as necessary; andf) Recent photo of the childSEC. 9.Who May Adopt.- Any alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she:a) is 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 unless the adoptor is the parent by nature of the child to be adopted or the spouse of such parent;b) if married, his/her spouse must jointly file for the adoption;c) 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/her country;d) has not been convicted of a crime involving moral turpitude;e) is eligible to adopt under his/her national law;f) is 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.SEC. 10.Where to File Application.- An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court having jurisdiction over the child, or with the Board, through an intermediate agency, whether governmental or an authorized and accredited agency in the country of the prospective adoptive parents, which application shall be in accordance with the requirements as set forth in the implementing rules and regulations to be promulgated by the Board.The application shall be supported by the following documents written and officially translated in English:a) Birth Certificate of applicant(s);b) Marriage Contract, if married, and Divorce Decree, if applicable;c)Written consent of their biological or adopted children above ten (10) years of age, in the form of sworn statement;d) Physical, medical and psychological evaluation by a duly licensed physician and psychologist;e) Income Tax Returns or any document showing the financial capability of the applicant(s);f) Police Clearance of applicant(s);g) Character reference from the local church/minister, the applicants employer and a member of the immediate community who have known the applicant(s) for at least five (5) years, and;h) Recent postcard-size pictures of the applicant(s) and his immediate family.The Rules of Court shall apply in case of adoption by judicial proceedings.SEC. 11.Family Selection/Matching.- No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally. 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. When the Board is ready to transmit the Placement Authority to the authorized and accredited inter-country adoption agency and all the travel documents of the child are ready, the adoptive parents, or any one of them, shall personally fetch the child in the Philippines.SEC. 12.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.SEC. 13.Fees, Charges and Assessments.- Fees, charges and assessments collected by the Board in the exercise of its functions shall be used solely to process applications for inter-country adoption and to support the activities of the Board.SEC. 14.Supervision of Trial Custody.- 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. It shall also provide family counseling and other related services. The trial custody shall be for a period of six (6) months from the time of placement. 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.During the trial custody, 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 childs adjustment. The progress report shall be taken into consideration in deciding whether or not to issue the Affidavit of Consent to Adoption.The Department of Foreign Affairs 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.SEC. 15.Executive Agreements.- The Department of Foreign Affairs, upon representation of the Board, shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies to ensure the legitimate concurrence of said countries in upholding the safeguards provided by this Act.ARTICLE IVPENALTIESSEC. 16.Penalties.- a) Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption, in violation of the provisions of this Act, shall be punished with a penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine of not less than Fifty thousand pesos (P50,000), but not more than Two hundred thousand pesos (P200,000) at the discretion of the court. For purposes of this Act, an adoption is illegal if it is effected in any manner contrary to the provisions of this Act or established State policies, its implementing rules and regulations, executive agreements and other laws pertaining to adoption. Illegality may be presumed from the following acts:1) Consent for an adoption was acquired through or attended by coercion, fraud, improper material inducement;2) There is no authority from the Board to effect adoption;3. The procedures and safeguards placed under the law for adoption were not complied with; and4) The child to be adopted is subjected to, or exposed to danger, abuse and exploitation.b) Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents and communications of adoption applications, cases and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000) but not more than Ten thousand pesos (P10,000), at the discretion of the court.A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated.Acts punishable under this Article, when committed by a syndicate or where it involves two or more children shall be considered as an offense constituting child trafficking and shall merit the penalty ofreclusion perpetua.Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article. Penalties as are herein provided shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws, ordinances, executive orders, and proclamations.SEC. 17.Public Officers as Offenders.- Any governmental official, employee or functionary who shall be found guilty of violating any of the provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations:Provided, That upon the filing of a case, either administrative or criminal, said government official, employee or functionary concerned shall automatically suffer suspension until the resolution of the case.ARTICLE VFINAL PROVISIONSSEC. 18.Implementing Rules and Regulations.- The Inter-Country Adoption Board, in coordination with the Council for the Welfare of Children, the Department of Foreign Affairs and the Department of Justice, after due consultation with agencies involved in child-care and placement, shall promulgate the necessary rules and regulations to implement the provisions of this Act within six (6) months after its effectivity.SEC. 19.Appropriations.- The amount of Five million pesos (P5,000,000.00) is hereby appropriated from the proceeds of the Lotto for the initial operations of the Board and subsequently the appropriations of the same shall be included in the General Appropriations Act for the year following its enactment.SEC. 20.Separability Clause.- If any provision, or part hereof, is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.SEC. 21.Repealing Clause.- Any law, decree, executive order, administrative order or rules and regulations contrary to, or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.SEC. 22.Effectivity Clause.- This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.(source:http://www.hcch.net/index_en.php?act=conventions.text&cid=69)website: source:http://www.skyinet.net/~icaba/index.html