There are many reasons for a family to choose to adopt. Making the decision to adopt a child will change a family's life. Some people adopt because they can't have kids. Others adopt in order to provide a home for a child that needs a family. Some families are led to domestic adoption through foster care or private adoption while others choose to adopt internationally. No matter which choice leads the family to this point, the adoption process is pretty much the same for everyone.

1. Types of Adoption

There are many choices when it comes to types of adoptions available. Domestic adoptions can happen through private agencies or through state-ran foster care. Private adoptions can be expensive, and the wait time can be very long, especially if a couple wants to adopt a baby. Foster adoptions can sometimes move faster, and will cost less money, but often involve older children. International adoptions can be very expensive with a long wait time. Some people prefer this choice as a way to avoid dealing with birth families. Others are called to help the children in a specific country.

Home Study and Paperwork

The home study will involve two to three visits with a social worker. The first two visits are usually just talking with and gathering information for the social worker. The final visit consists of a home tour where the social worker looks over the adoptive child's room and makes sure the house is safe and meets all requirements. The adoptive parents will fill out a stack of paperwork that is usually provided during the first appointment.

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Apply in Seconds - PHP MasterCard® Shop Online or in Storeswww.nTrust.comFingerprints and Background Check

The safety of the adopted child is very important. Appointments will need to be made for fingerprints; both on the local and national level and for a background check. There will be fees charged for these procedures. Many potential adoptive parents have events in their past that might concern them when it comes to adoption. It's always best to disclose any concerns to the social worker or agency up front. They'll be able to advise you on the best way to proceed.

Physicals

The health of the adoptive family is also important. It's not fair for an adopted child to settle into a home, just to have a severe health crisis throw things into upheaval. While there's no way to predict the future when it comes to health and accidents, knowing about serious health issues up front will help the agency decide the best route to take. If other children live in the home, they'll need physicals, too.

Travel

In most cases, the family will travel to pick up the child if they live overseas or in another state. These pick-up trips can last days to weeks, depending on the location and the requirements of the country or state. Some international adoptions require two separate trips. These trips involve court visits, embassy meetings, physicals for the child, etc. The adoptions are usually finalized after the return to the home state.

RULE ON ADOPTION

A. DOMESTIC ADOPTION

Section 1. Applicability of the Rule. – This Rule covers the domestic adoption of Filipino children.

Section 2. Objectives. – (a) The best interests of the child shall be the paramount consideration in all matters relating to his care, custody and adoption, in accordance with Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN 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, and the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.

(b) The State shall provide alternative protection and assistance through foster care or adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this end, the State shall:

(i) ensure that every child remains under the care and custody of his parents and is provided with love, care, understanding and security for the full and harmonious development of his personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall adoption by an unrelated person be considered.

(ii) safeguard the biological parents from making hasty decisions in relinquishing their parental authority over their child;

(iii) prevent the child from unnecessary separation from his biological parents;

(iv) conduct public information and educational campaigns to promote a positive environment for adoption;

(v) ensure that government and private sector agencies have the capacity to handle adoption inquiries, process domestic adoption applications and offer adoption-related services including, but not limited to, parent preparation and post-adoption education and counseling;

(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his native land, and only when this is not available shall inter-country adoption be considered as a last resort; and

(vii) protect adoptive parents from attempts to disturb their parental authority and custody over their adopted child.

Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as “legally available for adoption” and his custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child.

Section 3. Definition of Terms. – For purposes of this Rule:

(a) “Child” is a person below eighteen (18) years of age at the time of the filing of the petition for adoption.

(b) “A child legally available for adoption” refers to a child who has been voluntarily or involuntarily committed to the Department or to a duly licensed and accredited child-

placing or child-caring agency, freed of the parental authority of his biological parents, or in case of rescission of adoption, his guardian or adopter(s).

(c) “Voluntarily committed child” is one whose parents knowingly and willingly relinquish parental authority over him in favor of the Department.

(d) “Involuntarily committed child” is one whose parents, known or unknown, have been permanently and judicially deprived of parental authority over him due to abandonment; substantial, continuous or repeated neglect and abuse; or incompetence to discharge parental responsibilities.

(e) “Foundling” refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil Register as a “foundling.”

(f) “Abandoned child” refers to one who has no proper parental care or guardianship or whose parents have deserted him for a period of at least six (6) continuous months and has been judicially declared as such.

(g) “Dependent child” refers to one who is without a parent, guardian or custodian or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody and is dependent upon the public for support.

(h) “Neglected child” is one whose basic needs have been deliberately not attended to or inadequately attended to, physically or emotionally, by his parents or guardian.

(i) “Physical neglect” occurs when the child is malnourished, ill-clad and without proper shelter.

(j) “Emotional neglect” exists when a child is raped, seduced, maltreated, exploited, overworked or made to work under conditions not conducive to good health or made to beg in the streets or public places, or placed in moral danger, or exposed to drugs, alcohol, gambling, prostitution and other vices.

(k) “Child-placement agency” refers to an agency duly licensed and accredited by the Department to provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents and preparing the adoption home study report.

(l) “Child-caring agency” refers to an agency duly licensed and accredited by the Department that provides 24-hour residential care services for abandoned, orphaned, neglected or voluntarily committed children.

(m) “Department” refers to the Department of Social Welfare and Development.

(n) “Deed of Voluntary Commitment” refers to the written and notarized instrument relinquishing parental authority and committing the child to the care and custody of the Department executed by the child’s biological parents or in their absence, mental incapacity or death, by the child’s legal guardian, to be witnessed by an authorized representative of the Department after counseling and other services have been made available to encourage the biological parents to keep the child.

(o) “Child Study Report” refers to a study made by the court social worker of the child’s legal status, placement history, psychological, social, spiritual, medical, ethno-cultural background and that of his biological family needed in determining the most appropriate placement for him.

(p) “Home Study Report” refers to a study made by the court social worker of the motivation and capacity of the prospective adoptive parents to provide a home that meets the needs of a child.

(q) “Supervised trial custody” refers to the period of time during which a social worker oversees the adjustment and emotional readiness of both adopters and adoptee in stabilizing their filial relationship.

(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of science in social work as a minimum educational requirement and who has passed the government licensure examination for social workers as required by Republic Act No. 4373.

(s) “Simulation of birth” is the tampering of the civil registry to make it appear in the birth records that a certain child was born to a person who is not his biological mother, thus causing such child to lose his true identity and status.

(t) “Biological Parents” refer to the child’s mother and father by nature.

(u) “Pre-Adoption Services” refer to psycho-social services provided by professionally-trained social workers of the Department, the social services units of local governments, private and government health facilities, Family Courts, licensed and accredited child-caring and child-placement agencies and other individuals or entities involved in adoption as authorized by the Department.

(v) “Residence” means a person’s actual stay in the Philippines for three (3) continuous years immediately prior to the filing of a petition for adoption and which is maintained until the adoption decree is entered. Temporary absences for professional, business, health, or emergency reasons not exceeding sixty (60) days in one (1) year does not break the continuity requirement.

(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in the Philippines and is in possession of a valid passport or travel documents and visa.

Section 4. Who may adopt. – The following may adopt:

(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude; who is emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of a 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent;

(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country has diplomatic relations with the Republic of the Philippines, that he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption

decree is entered, that he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and that his government allows the adoptee to enter his country as his adopted child. Provided, further, That the requirements on residency and certification of the alien’s qualification to adopt in his country may be waived for the following:

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

(3) The guardian with respect to the ward after the termination of the guardianship and clearance of his financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other spouse has signified his consent thereto; or

(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint parental authority shall be exercised by the spouses.

Section 5. Who may be adopted. – The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared available for adoption;

(2) The legitimate child of one spouse, by the other spouse;

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority;

(5) A child whose adoption has been previously rescinded; or

(6) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents.

(7) A child not otherwise disqualified by law or these rules.

Section 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.

Section 7. Contents of the Petition. – The petition shall be verified and specifically state at the heading of the initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:

(a) The jurisdictional facts;

(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character; has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children; is at least sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent; and is in a position to support and care for his children in keeping with the means of the family and has undergone pre-adoption services as required by Section 4 of Republic Act No. 8552.

2) If the adopter is an alien, the petition shall allege the following:

(a) The jurisdictional facts;

(b) Sub-paragraph 1(b) above;

(c) That his country has diplomatic relations with the Republic of the Philippines;

(d) That he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered.

The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial accountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:

(a) one spouse seeks to adopt the legitimate child of the other, or

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto, or

(c) if the spouses are legally separated from each other.

5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as name of child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and father, and the date and place of their marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.

In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal or foundling certificate and school records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to be known and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

Section 8. Rectification of Simulated Birth. – In case the petition also seeks rectification of a simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for rectification of the birth registration and the petition for adoption were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own child.

Section 9. Adoption of a foundling, an abandoned, dependent or neglected child.  – In case the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege:

(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;

(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the name and residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; and

(d) That the Department, child-placement or child-caring agency is authorized to give its consent.

Section 10. Change of name. – In case the petition also prays for change of name, the title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Section 11. Annexes to the Petition. – The following documents shall be attached to the petition:

A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee;

B. Affidavit of consent of the following:

1. The adoptee, if ten (10) years of age or over;

2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and

5. The spouse, if any, of the adopter or adoptee.

C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to enter his country as his own adopted child unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the adoptee, if any.

Section 12. Order of Hearing. – If the petition and attachments are sufficient in form and substance, the court shall issue an order which shall contain the following:

(1) the registered name of the adoptee in the birth certificate and the names by which the adoptee has been known which shall be stated in the caption;

(2) the purpose of the petition;

(3) the complete name which the adoptee will use if the petition is granted;

(4) the date and place of hearing which shall be set within six (6) months from the date of the issuance of the order and shall direct that a copy thereof be published before the date of hearing at least once a week for three successive weeks in a newspaper of general circulation in the province or city where the court is situated; Provided, that in case of application for change of name, the date set for hearing shall not be within four (4) months after the last publication of the notice nor within thirty (30) days prior to an election.

The newspaper shall be selected by raffle under the supervision of the Executive Judge.

(5) a directive to the social worker of the court, the social service office of the local government unit or any child-placing or child-caring agency, or the Department to prepare and submit child and home study reports before the hearing if such reports had not been attached to the petition due to unavailability at the time of the filing of the latter; and

(6) a directive to the social worker of the court to conduct counseling sessions with the biological parents on the matter of adoption of the adoptee and submit her report before the date of hearing.

At the discretion of the court, copies of the order of hearing shall also be furnished the Office of the Solicitor General through the provincial or city prosecutor, the Department and the biological parents of the adoptee, if known.

If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General shall be mandatory.

Section 13. Child and Home Study Reports. – In preparing the child study report on the adoptee, the concerned social worker shall verify with the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of the social worker to register the adoptee and secure a certificate of foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and the documents in support thereof are valid and authentic, that the adopter has sincere intentions and that the adoption shall inure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity to adopt and that his government allows the adoptee to enter his country as his adopted child in the absence of the certification required under Section 7(b) of Republic Act No. 8552.

If after the conduct of the case studies, the social worker finds that there are grounds to deny the petition, he shall make the proper recommendation to the court, furnishing a copy thereof to the petitioner.

Section 14. Hearing. – Upon satisfactory proof that the order of hearing has been published and jurisdictional requirements have been complied with, the court shall proceed to hear the petition. The petitioner and the adoptee must personally appear and the former must testify before the presiding judge of the court on the date set for hearing.

The court shall verify from the social worker and determine whether the biological parent has been properly counseled against making hasty decisions caused by strain or anxiety to give up the child; ensure that all measures to strengthen the family have been exhausted; and ascertain if any prolonged stay of the child in his own home will be inimical to his welfare and interest.

Section 15. Supervised Trial Custody. – Before issuance of the decree of adoption, the court shall give the adopter trial custody of the adoptee for a period of at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. The trial custody shall be monitored by the social worker of the court, the Department, or the social service of the local government unit, or the child-placement or child-caring agency which submitted and prepared the case studies. During said period, temporary parental authority shall be vested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period or exempt the parties if it finds that the same shall be for the best interests of the adoptee, stating the reasons therefor.

An alien adopter however must complete the 6-month trial custody except the following:

a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

b) one who seeks to adopt the legitimate child of his Filipino spouse; or

c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the latter’s relative within the fourth (4th) degree of consanguinity or affinity.

If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-adoption placement authority issued by the Department, the court shall order that the prospective adopter shall enjoy all the benefits to which the biological parent is entitled from the date the adoptee is placed with him.

The social worker shall submit to the court a report on the result of the trial custody within two weeks after its termination.

Section 16. Decree of Adoption. – If the supervised trial custody is satisfactory to the parties and the court is convinced from the trial custody report and the evidence adduced that the adoption shall redound to the best interests of the adoptee, a decree of adoption shall be issued which shall take effect as of the date the original petition was filed even if the petitioners die before its issuance.

The decree shall:

A. State the name by which the child is to be known and registered;

B. Order:

1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary period within which to appeal;

2) the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the Civil Registrar where the child was originally registered within thirty (30) days from receipt of the certificate of finality. In case of change of name, the decree shall be submitted to the Civil Registrar where the court issuing the same is situated.

3) the Civil Registrar of the place where the adoptee was registered:

a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty (30) days from receipt of the certificate of finality;

b. to issue a certificate of birth which shall not bear any notation that it is a new or amended certificate and which shall show, among others, the following: registry number, date of registration, name of child, sex, date of birth, place of birth, name and citizenship of adoptive mother and father, and the date and place of their marriage, when applicable;

c. to seal the original certificate of birth in the civil registry records which can be opened only upon order of the court which issued the decree of adoption; and

d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within thirty days from receipt of the decree.

If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was registered, to annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered prepared by the Civil Registrar in accordance with the decree.

Section 17. Book of Adoptions. – The Clerk of Court shall keep a book of adoptions showing the date of issuance of the decree in each case, compliance by the Civil Registrar with Section 16(B)(3) and all incidents arising after the issuance of the decree.

Section 18. Confidential Nature of Proceedings and Records. – All hearings in adoption cases, after compliance with the jurisdictional requirements shall be confidential and shall not be open to the public. All records, books and papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is necessary for security reasons or for purposes connected with or arising out of the adoption and will be for the best interests of the adoptee, the court may, upon proper motion, order the necessary information to be released, restricting the purposes for which it may be used.

Section 19. Rescission of Adoption of the Adoptee. – The petition shall be verified and filed by the adoptee who is over eighteen (18) years of age, or with the assistance of the Department, if he is a minor, or if he is over eighteen (18) years of age but is incapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.

Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

 

Section 20. Venue. – The petition shall be filed with the Family Court of the city or province where the adoptee resides.

Section 21. Time within which to file petition. – The adoptee, if incapacitated, must file the petition for rescission or revocation of adoption within five (5) years after he reaches the age of majority, or if he was incompetent at the time of the adoption, within five (5) years after recovery from such incompetency.

Section 22. Order to Answer. – The court shall issue an order requiring the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. The order and copy of the petition shall be served on the adverse party in such manner as the court may direct.

Section 23. Judgment. – If the court finds that the allegations of the petition are true, it shall render judgment ordering the rescission of adoption, with or without costs, as justice requires.

The court shall order that the parental authority of the biological parent of the adoptee, if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated and declare that the reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.

The court shall further declare that successional rights shall revert to its status prior to adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

The court shall further order the Civil Registrar where the adoption decree was registered to cancel the new birth certificate of the adoptee and reinstate his original birth or foundling certificate.

Section 24. Service of Judgment. – A certified true copy of the judgment together with a certificate of finality issued by the Branch Clerk of the Court which rendered the decision in accordance with the preceding Section shall be served by the petitioner upon the Civil Registrar concerned within thirty (30) days from receipt of the certificate of finality. The Civil Registrar shall forthwith enter the rescission decree in the register and submit proof of compliance to the court issuing the decree and the Clerk of Court within thirty (30) days from receipt of the decree.

The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.

Section 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of the Rules of Court.

 

 

 

B. INTER-COUNTRY ADOPTION

 

Section 26. Applicability. – The following sections apply to inter-country adoption of Filipino children by foreign nationals and Filipino citizens permanently residing abroad.

Section 27. Objectives. – The State shall:

a) consider inter-country adoption as an alternative means of child care, if the child cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be cared for in the Philippines;

b) ensure that the child subject of inter-country adoption enjoys the same protection accorded to children in domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does not result in improper financial gain for those involved.

Section 28. Where to File Petition. – A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found.

It may be filed directly with the Inter-Country Adoption Board.

Section 29. Who may be adopted. – Only a child legally available for domestic adoption may be the subject of inter-country adoption.

Section 30. Contents of Petition. – The petitioner must allege:

a) his age and the age of the child to be adopted, showing that he 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 petitioner is the parent by nature of the child to be adopted or the spouse of such parent, in which case the age difference does not apply;

b) if married, the name of the spouse who must be joined as co-petitioner except when the adoptee is a legitimate child of his spouse;

c) that he 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 country;

d) that he has not been convicted of a crime involving moral turpitude;

e) that he is eligible to adopt under his national law;

f) that he can provide the proper care and support and instill the necessary moral values and example to all his children, including the child to be adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under Philippine laws and the U. N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of Republic Act No. 8043;

h) that he comes from a country with which the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption of a Filipino child is allowed under his national laws; and

i) that he possesses all the qualifications and none of the disqualifications provided in this Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.

Section 31. Annexes. - The petition for adoption shall contain the following annexes written and officially translated in English:

a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment dissolving the marriage;

c) Sworn statement of consent of petitioner’s biological or adopted children above ten (10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified by a duly licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current financial capability of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filing of the petitioner;

g) Character reference from the local church/minister, the petitioner’s employer and a member of the immediate community who have known the petitioner for at least five (5) years;

h) Full body postcard-size pictures of the petitioner and his immediate family taken at least six (6) months before the filing of the petition.

Section 32. Duty of Court. – The court, after finding that the petition is sufficient in form and substance and a proper case for inter-country adoption, shall immediately transmit the petition to the Inter-Country Adoption Board for appropriate action.

Section 33. Effectivity. - This Rule shall take effect on August 22, 2002 following its publication in a newspaper of general circulation.

Rules for Philippine Adoption

WHO CAN ADOPT A CHILD IN THE PHILIPPINES?

Adoption between the United States and the Philippines is governed by the Hague Adoption Convention.  Therefore to adopt from the Philippines, you must first be found eligible to adopt by the U.S. Government.  The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

In addition to these U.S. requirements for prospective adoptive parents, The Philippines also has the following requirements for adoptive parents:

•    RESIDENCY REQUIREMENTS:  U.S. citizens interested in completing a full and final adoption of a Filipino child while they are living in The Philippines must be residents of The Philippines for at least three years prior to the filing of the adoption petition, maintain such residence until the adoption is finalized, and posses a certificate of legal capacity to adopt issued by the appropriate agency from the state of residence.  Prospective adoptive parents who meet these requirements should file a petition for adoption with the Philippines Court to begin the adoption process. The Philippines Government may waive these requirements if the prospective adoptive parent is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity as defined by Philippines law, or the prospective adoptive parent is a person who seeks to adopt the legitimate child of his/her Filipino spouse.   U.S. citizens not meeting these residency requirements will have to adopt through the Inter-Country Adoption Board procedures. This involves gaining legal custody for the purpose of adoption and completing a full and final adoption in the U.S. after a six-month trial period. This process is explained below.

•    AGE REQUIREMENTS:  Based on the Inter-Country Adoption Law of the Philippines (Republic Act No. 8043), the adoptive parent must be at least 27 years of age and at least 16 years older than the child to be adopted at the time of application, unless the adopter/adoptive parent is the biological parent of the child to be adopted or the spouse of such parent.  

•    MARRIAGE REQUIREMENTS:  If prospective adoptive parents are married, they must file jointly for adoption.

•    INCOME REQUIREMENTS:  There are no minimum income requirements set by The Philippines.  Prospective Adoptive Parents must prove financial stability.

•    OTHER REQUIREMENTS:  Prospective adoptive parents must not have ever been convicted of a crime involving moral turpitude. Parents must be in a position to provide proper care and support and to give necessary moral values and example to all his/her children, including the child to be adopted.  Prospective adoptive parents agree to uphold the basic rights of the child as embodied under The Philippines laws and the U.N. Convention on the Rights of the Child.

WHO CAN BE ADOPTEDBecause the Philippines is party to the Hague Adoption Convention, children from the Philippines must meet the requirements of the Convention in order to be eligible for adoption.  For example, the Convention requires that the Philippines attempt to place a child with a family in-country before determining that a child is eligible for intercountry adoption.  In addition to the Philippine’s requirements, a child must meet the definition of a Convention adoptee for you to bring him or her back to the United States.

Note:  The adoption of relatives is common in Philippine culture.  

THE PHILIPPINES’ ELIGIBILITY REQUIREMENTS:•    Relinquishment Requirements:  A child is “committed” by way of the “Deed of Voluntary Commitment,” a document used by DSWD asking for signature from the biological parents prior to matching the child with a prospective adoptive parent.  The document is essentially the consent of the parent(s), releasing the child to DSWD for subsequent adoption.  In the event that the child is abandoned or neglected and no parent is available to sign the “Deed of Voluntary Commitment,” the DSWD instead obtains a commitment order from the court.  This endorsement certifies that intercountry adoption is in the best interests of the child.

HOW TO ADOPT: THE PROCESSBecause The Philippines is party to the Hague Adoption Convention, adopting from The Philippines must follow a specific process designed to meet the Convention’s requirements.   A brief summary of the Convention adoption process is given below.  You must complete these steps in the following order so that your adoption meets all necessary legal requirements.

NOTE:  If you filed your I-600a with The Philippines before April 1, 2008, the Hague Adoption Convention may not apply to your adoption.  Your adoption could continue to be processed in accordance with the immigration regulations for non-Convention adoptions.  

1.    Choose an Accredited Adoption Service Provider2.    Apply to be Found Eligible to Adopt3.    Be Matched with a Child4.    Apply for the Child to be Found Eligible for Immigration to the United States 5. Adopt the Child (or Gain Legal Custody) in the Philippines5.    Bring your Child Home

1.)  Choose an Accredited Adoption Service Provider:   The first step in adopting a child from The Philippines is to select an adoption service provider in the United States that has been accredited.   Only these agencies and attorneys can provide adoption services between the United States and The Philippines.  Learn more.Please note: Prospective adoptive parents are required to work with an adoption agency that has also been approved by the Philippine Government.  A non-government foreign adoption agency (FAA) intending to process the application of a Filipino child must be accredited by ICAB.  Philippine approved agencies can be found on the website for ICAB at http://www.icab.gov.ph/.

2.)  Apply to be Found Eligible to Adopt:   After you choose an accredited adoption service provider, you apply to be found eligible to adopt (Form I-800A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).     Once the U.S. Government determines that you are “eligible” and “suitable” to adopt, you or your agency will forward your information to the adoption authority in The Philippines.  The Philippines’ adoption authority will review your application to determine whether you are also eligible to adopt under Philippino law.

 3.)  Be Matched with a Child:  If both the United States and the Philippines determine that you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in the Philippines may provide you with a referral for a child.  The Philippine’s Central Authority prepares a report that determines that: the child is adoptable, the envisaged placement is in the best interest of the child, the birth parent or legal custodian has freely consented in writing to the adoption, and no payment has been made to obtain the consent necessary for the adoption to be completed. Each family must decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child.

4.)  Apply for the Child to be Found Eligible for Adoption:  After you accept a referral to a child, you will apply to the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval to adopt that particular child (Form I-

800).  USCIS will determine whether the child is eligible under U.S. law to be adopted and enter the United States. After this, your adoption service provider or you will submit a visa application to a Consular Officer at the U.S. Embassy.  The Consular Officer will review the child’s information and evaluate the child for possible visa inelegibilities.  If the Consular Office determines that the child appears eligible to immigrate to the United States, he/she will notify the Philippines’ adoption authority (Article 5 letter).  For Convention country adoptions, prospective adoptive parent(s) may not proceed with the adoption or obtain custody for the purpose of adoption until this takes place.  Learn more.  Remember:  The Consular Officer will make a final decision about the immigrant visa later in the adoption process. 

5.)  Adopt the Child (or Gain Legal Custody) in The Philippines:   Remember:  Before you adopt (or gain legal custody of) a child in The Philippines, you must have completed the above four steps.  Only after completing these steps, can you proceed to finalize the adoption or grant of custody for the purpose of adoption in The Philippines.  The process for finalizing the adoption (or gaining legal custody) in The Philippines generally includes the following:

•    ROLE OF THE COURT: The Regional Trial Courts are responsible for domestic adoptions in The Philippines.  This is where prospective adoptive parents file adoption petitions.•    ROLE OF ADOPTION AGENCIES:  The adoption agency facilitates the pre-adoption counseling, submission of application for adoption, home study, child assignment, and application for child’s overseas adoption to the Philippine Government.•    ADOPTION APPLICATION: To start the Philippine adoption process, prospective adoptive parents or their accredited FAA must contact the Philippine Inter-country Adoption Board (ICAB). 

•    1)     Application:  The prospective adoptive parents file an application with the ICAB through a United States adoption agency.

•    2)     Endorsement of Child for Inter-Country Adoption: The Department of Social Welfare and Development (DSWD) should endorse to the ICAB a child who has been previously committed to the Philippine Government.  See “Relinquishment of the Child” for a description of “committed.”    •    3)     Matching:  The Inter-Country Adoption Placement Committee matches the child with a person or couple interested in adopting and refers its proposal to ICAB for approval.  If the match is approved, the concerned adoption agency in the United States shall be sent a notice of matching proposal.      •    4)     The prospective adoptive parents shall notify the adoption agency in the United States of his/her decision within 15 days of receipt of the matching proposal.  Note: The Philippine Inter-Country Adoption Act prohibits contact between the prospective adoptive parents and child’s parents /guardians or custodians.    •    5)     Placement Authority:  The ICAB shall issue the Placement Authority within five working days upon receipt of the prospective adoptive parents’ acceptance of the matching proposal.    •    6)     Application for Immigrant Visa: The child appears at the Embassy for his/her immigrant visa interview.    •    7)     Child travels to the United States: The adoptive parents must escort the child from The Philippines to the United States.    •    8)     Supervision of Trial Custody:  Upon assuming custody of the child, the adoptive parents enter a six-month trial period where the accredited adoption agency in the United States monitors the child’s welfare.

•    9)     Petition for Adoption: After completion of the trial custody period, the adoptive parent should file a petition for adoption before the court in the United States.

  •    10)  Final Adoption Decree. The final U.S. adoption decree should be submitted to ICAB within a month after its issuance.  

TIME FRAME:  Adoption processing depends upon many variables, including the availability of children to be matched with prospective adoptive parents, the number of prospective adoptive parents on the waiting list, and the caseload of social service agencies and the courts.

ADOPTION FEES:  In the adoption services contract that you sign at the beginning of the adoption process, your agency will itemize the fees and estimated expenses related to your adoption process.

DOCUMENTS REQUIRED:  The following documents, which must be written and officially translated into English, shall accompany the prospective adoptive parents’ application for adoption:•    Family and Home Study Reports on the family and home of the prospective adoptive parents;•    Birth Certificates of prospective adoptive parents;•    Marriage certificate or Decree of Absolute divorce, if applicable;•    Written consent of the prospective adoptive parents’ biological or adopted children who are ten years of age or over,•    witnessed by the social worker after proper counseling;•    Physical and medical evaluation by a duly licensed physician and psychological evaluation by a psychologist•    Latest income tax return or any other documents showing financial capability;•    Clearance issued by the police of other proper Government agency of the place of residence;•    Character reference from the local church minister/priest, employer, or a non-relative member of the immediate community who have known the prospective adoptive parents for at least five (5) years;•    Certification from the U.S. Department of Justice or other appropriate Government agency that the prospective adoptive parents are qualified to adopt under their national law and that the child to be adopted is allowed to enter the country for trial custody and reside permanently once adopted; and•    Recent postcard-size pictures of the prospective adoptive parents and all immediate family. 

NOTE:  Additional documents may be requested. You will be asked to provide proof that a document from the United States is authentic.

6.)  Bringing Your Child Home

Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home.  Specifically, you need to apply for several documents for your child before he or she can travel to the United States:

Birth CertificateYou will first need to apply for a new birth certificate for your child, so that you can later apply for a passport.  Your name will be added to the new birth certificate. 

Philippines PassportYour child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Philippines. 

U.S. Immigrant Visa After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the United States Embassy for your child.  After the adoption (or custody for purpose of adoption) is granted, visit the U.S Embassy for final review and approval of the child’s I-800 petition and to obtain a visa for the child.  This immigrant visa allows your child to travel

home with you.  As part of this process, the Consular Officer must be provided the “Panel Physician’s” medical report on the child if it was not provided during the provisional approval stage.

On October 1, 2007, the U.S. Embassy Manila’s panel physicians began using the Center for Disease Control and Prevention’s (CDC) 2007 Tuberculosis Technical Instructions (TB TIs) for the TB medical screening for all immigrant visa applicants from Kenya, including adopted children.  The 2007 TB TIs include new requirements that affect the pace at which some adoption cases can be concluded. Child Citizenship Act For adoptions finalized abroad:  The Child Citizenship Act of 2000 allows your new child to acquire American citizenship automatically when he or she enters the United States as lawful permanent residents. 

For adoptions finalized in the United States: The Child Citizenship Act of 2000 allows your new child to acquire American citizenship automatically when the court in the United States issues the final adoption decree. 

*Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible.  Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.

AFTER ADOPTION

What does The Philippines require of the adoptive parents after the adoption?

According to Philippine law, after the adoptive parents escort the child to the United States and assume custody of the child, they enter a six-month trial period where the accredited adoption agency in the United States monitors the child’s welfare.  After adoptive parents complete the trial custody period, the adoptive parent should file a petition for adoption before the court in the U.S.  The final U.S. adoption decree should be submitted to the ICAB within a month after its issuance.

*Updated May 2009

Adoption in the Philippines: A Legal Guide

This article is an overview on the legal requirements of adoption process in the

Philippines. The Applicable Laws - To know more about adoption in the Philippines it is

equally important to be aware of the laws governing the adoption process. These laws are

Republic Act 8552, known as Domestic Adoption Act of 1998, and Republic Act 8043,

known as Inter-Country Adoption Act of 1995.

The former encourages domestic adoption to preserve the child's identity and culture and only

when this is not available shall inter-country adoption be considered as a last resort. Republic Act

8043 governs the adoption of Filipinos by foreigners and Filipinos residing abroad. The said law is

being implemented by the Inter-Country Adoption Board (ICAB).

The subject of this article is Republic Act 8552 better known as the Domestic Adoption Act of

1998.

Who can adopt and be adopted

Can aliens equally adopt, like Filipino citizens, under the domestic adoption law and who may be

adopted? Yes, alien can equally adopt subject to certain requirements. Section 7 (b) of RA 8552

allows an alien to adopt under the domestic adoption law provided that he/she meets the

following requirements:

• Of legal age and at least 16 years older than the adoptee (except when the adopter is the

biological parent of the adoptee or is the spouse of the adoptee's parent).

• Possesses full civil capacity and legal rights.

• Of good moral character and has not been convicted of any crime involving moral turpitude.

• Emotionally and psychologically capable of caring for children.

• In a position to support and care for his / her children in keeping with the means of the family.

• His / her country has diplomatic relations with the Philippines.

• Has been certified by the diplomatic or consular office or any appropriate government agency

that he/she has the legal capacity to adopt in his / her country and that his/her government allows

the adoptee to enter his/her country as an adopted child.

• Has been living continuously in the Philippines for at least three (3) years prior to the filing of the

application for adoption and maintains such residence until the adoption decree is entered.

Section 7 (c) of the Domestic Adoption law also provides that the guardian, with respect to the

ward after the termination of the guardianship and clearance of his / her financial accountability, is

also qualified to adopt under the law. 

The same qualifications, with the exceptions of the 3 years residency and certifications, is

applicable to Filipino nationals.

In so far as the alien adopter is concerned compliance with the residency requirements can be

very difficult. This is because the law requires them to continuously reside in the Philippines for at

least three (3) years prior to the filing of the application for adoption and maintains such residence

until the adoption decree is entered. There are certain concerns for relocation of an alien adopter

like the fact of his/her being gainfully employed abroad and it would be impractical to relocate

even temporarily. But how they can do away with the said requirements. The said residency,

together with the certification requirement on the diplomatic relations, is subject to certain

exceptions. The requirements on residency and certification of the alien's qualification to adopt in

his / her country may be waived for the following cases:

1. The applicant is a former Filipino citizen seeking to adopt a relative within the fourth (4th)

degree of consanguinity or affinity;

2. The applicant is seeking to adopt the legitimate son or daughter of his/her Filipino spouse;

3. The applicant is married to a Filipino citizen, and seeks to adopt jointly with his / her spouse a

relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

After having determined the qualifications, it is equally important to ask on who may be adopted.

According to the domestic adoption law, those that can be adopted are:

1. Any person below eighteen (18) years of age who has been administratively declared (those

children who were surrendered, abandoned, neglected and dependent) available for adoption;

2. The legitimate son or daughter of one spouse by the other spouse;

3. An illegitimate son or daughter by a qualified adopter to improve his/her status to that of

legitimacy;

4. A person of legal age if, prior to the adoption, said person has been consistently considered

and treated by the adoptor(s) as his/her own child since minority;

5. A child whose adoption has been previously rescinded;

6. A child whose biological or adoptive parent (s) has/have died, provided that no proceedings

shall be initiated within six (6) months from the time of death of said parent (s);

Parties to the petition for adoption

The law requires that husband and wife should adopt jointly. Therefore, both of them should join

the petition as petitioners. However, the following are exceptions to the rule that the husband and

wife shall jointly adopt:

• If one spouse seeks to adopt the legitimate son/daughter of the other

• If one spouse seeks to adopt his/her own illegitimate son or daughter, provided, however, that

the other spouse has signified his/her consent.

• If the spouses are legally separated from each other.

In case the husband and wife jointly adopt, or one spouse adopts the illegitimate son or daughter

of the other, joint parental authority shall be exercised by the spouses.

Supervised trial custody

The law provides that no petition for adoption shall be finally granted until the adopter has been

given by the court a supervised trial custody period for at least six (6) months. This is the period

where the parties are expected to adjust psychologically and emotionally to each other and

establish a bonding relationship. Furthermore, during the said period temporary parental authority

shall be vested on the adopter. An alien adopter must complete the six (6) month trial custody

except in the following cases:

• Former Filipino citizens adopting a relative within the fourth (4th) degree of consanguinity or

affinity

• One who is adopting the legitimate son or daughter of his/her Filipino spouse

• One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative

within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

However, the period for trial custody may be reduced or the parties may even be exempted by

the court, on its own instance or upon motion of any party, if it finds that the same shall be for the

best interests of the adoptee.

The one who must give consent to adoption

The following should give consent to the adoption:

1. The adoptee, if ten (10) years of age or over; 

2. The biological parents of the child, if known, or the legal guardian, or the child-placement

agency, child-caring agency, or the proper government instrumentality which has legal custody of

the child; 

3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10)

years of age or over; 

4. The illegitimate children of the adopter living with him who are ten (10) years of age or over;

and 

5. The spouse, if any, of the adopter or adoptee. 

Documents required

The petition should accompany the following documents:

A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the

name, age and residence of the adoptee; 

B. Affidavit of consent of those required to give consent 

C. Child study report on the adoptee and his biological parents; 

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate

government agency that he has the legal capacity to adopt in his country and that his government

allows the adoptee to enter his country as his own adopted child unless exempted under Section

4(2); 

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to

adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country

Adoption Board; and 

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological

parents of the adoptee, if any. 

Procedure in initiating the petition

It is important to engage a counsel of your own choice to initiate the petition in court. The

foregoing discussions on the qualifications and requirements should be considered in filing the

petition in compliance with the sufficiency requirements of the petition for adoption in terms of its

form and substance. Thereafter, the court where the case is raffled will issue an order finding the

petition to be sufficient in form and substance. The order contains the following:

(1) the registered name of the adoptee in the birth certificate and the names by which the adoptee

has been known which shall be stated in the caption; 

(2) the purpose of the petition; 

(3) the complete name which the adoptee will use if the petition is granted; 

(4) the date and place of hearing which shall be set within six (6) months from the date of the

issuance of the order and shall direct that a copy thereof be published before the date of hearing

at least once a week for three successive weeks in a newspaper of general circulation in the

province or city where the court is situated; Provided, that in case of application for change of

name, the date set for hearing shall not be within four (4) months after the last publication of the

notice nor within thirty (30) days prior to an election. 

(5) a directive to the social worker of the court, the social service office of the local government

unit or any child-placing or child-caring agency, or the Department to prepare and submit child

and home study reports before the hearing if such reports had not been attached to the petition

due to unavailability at the time of the filing of the latter; and 

(6) a directive to the social worker of the court to conduct counseling sessions with the biological

parents on the matter of adoption of the adoptee and submit her report before the date of

hearing. 

Order of proceedings according to the Adoption Rules 

According to the rules on adoption, upon satisfactory proof that the order of hearing has been

published and jurisdictional requirements have been complied with, the court shall proceed to

hear the petition. The petitioner and the adoptee must personally appear and the former must

testify before the presiding judge of the court on the date set for hearing. The court shall verify

from the social worker and determine whether the biological parent has been properly counseled

against making hasty decisions caused by strain or anxiety to give up the child; ensure that all

measures to strengthen the family have been exhausted; and ascertain if any prolonged stay of

the child in his own home will be inimical to his welfare and interest. If the supervised trial custody

is satisfactory to the parties and the court is convinced from the trial custody report and the

evidence adduced that the adoption shall redound to the best interests of the adoptee, a decree

of adoption shall be issued which shall take effect as of the date the original petition was filed

even if the petitioners die before its issuance. The decree shall: 

A. State the name by which the child is to be known and registered; 

B. Order: 

(1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day

reglementary period within which to appeal; 

(2) the adopter to submit a certified true copy of the decree of adoption and the certificate of

finality to the Civil Registrar where the child was originally registered within thirty (30) days from

receipt of the certificate of finality. In case of change of name, the decree shall be submitted to

the Civil Registrar where the court issuing the same is situated. 

(3) the Civil Registrar of the place where the adoptee was registered: 

a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty (30)

days from receipt of the certificate of finality; 

b. to issue a certificate of birth which shall not bear any notation that it is a new or amended

certificate and which shall show, among others, the following: registry number, date of

registration, name of child, sex, date of birth, place of birth, name and citizenship of adoptive

mother and father, and the date and place of their marriage, when applicable; 

c. to seal the original certificate of birth in the civil registry records which can be opened only

upon order of the court which issued the decree of adoption; and 

d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing

within thirty days from receipt of the decree. 

If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was

registered, to annotate the decree of adoption on the foundling certificate and a new birth

certificate shall be ordered prepared by the Civil Registrar in accordance with the decree. 

The rules requires that all hearings in adoption cases, after compliance with the jurisdictional

requirements shall be confidential and shall not be open to the public. All records, books and

papers relating to the adoption cases in the files of the court, the DSWD, or any other agency or

institution participating in the adoption proceedings shall be kept strictly confidential. If the court

finds that the disclosure of the information to a third person is necessary for security reasons or

for purposes connected with or arising out of the adoption and will be for the best interests of the

adoptee, the court may, upon proper motion, order the necessary information to be released,

restricting the purposes for which it may be used.

Lastly, in case of an alien adopter/s and Filipino citizens, who are citizens of other countries at the

same time, it is important to consider consulting your immigration lawyer before resorting to

domestic adoption laws of the Philippines. This is to avod any legal issues concerning the

immigration of the child to be adopted.

What is Adoption Law? 

Adoption law provides a means for parents to voluntarily assume the legal rights and responsibilities of a child not born to them. Following an adoption, all legal ties between the child and the birth parents are permanently severed. The new adoptive parents and the child are treated just like a natural family in the eyes of the law. The adoptive parents decide important matters involving medical treatment, education, and religion, as well as ordinary day-to-day issues that arise in the child’s life. Adopted children can inherit from their new parents the same as natural offspring. Some jurisdictions even provide for the issuance of an amended birth certificate displaying the new parents’ names. 

State statutes govern adoption proceedings, and the substantive and procedural rules vary across the country. Most statutes require the local department of family services to perform a home study to ensure a stable environment free of dangers and bad influences. Those interested in adoption must also meet age and income requirements. Criminal background checks will be completed, and first-time parents may be asked to attend instructional classes. Statutory requirements like these are meant to help judges, case workers, and prospective parents create a safe and nurturing home environment. 

Termination of Parental Rights 

Before an adoption degree can be entered, the parental rights of the birth mother and father must be terminated. This allows those same rights to be conferred upon the adoptive parents, and it prevents the birth parents from attempting to exercise control over the child at a later time. In some cases, the birth mother and father will agree to relinquish their rights, making the process as simple as collecting their signatures on a legal document and filing it with the court. Other times, obtaining a termination of parental rights can be a difficult hurdle for the adoptive parents and their attorney. 

When termination of the birth parents’ rights is contested, the matter must be heard before the family law court. Both natural parents must be afforded due notice of the hearing and an opportunity to object. The hearing itself will be conducted much like a trial. The adoptive parents must present “clear and convincing” evidence that the birth parents are unfit to care for the child. 

Evidence presented at a termination hearing will typically demonstrate the birth parents’ lack of interest in the child’s wellbeing, their failure to pay child support, and any history of domestic violence or substance abuse. Each case is different, and an adoption lawyer will be helpful in determining the best types of evidence to use in a particular case. The goal is to prove to the judge that terminating parental rights and approving the adoption decree is in the child’s best interests. 

Open vs. Closed Adoptions 

A common question of those considering an adoption concerns who will have the right to have contact with the child once the adoption is final. The answer is that, just like natural parents, the adoptive parents will have complete authority to decide the matter. In an open adoption, the adoptive parents allow the child to have some degree of contact with birth parents, previous foster families, and other individuals from the child’s life prior to the adoption. In a closed adoption, they do not. These issues are often settled in advance, especially in cases of infant adoption and adoptions arranged through private agencies. In the United Sates, there is a clear trend toward open adoptions. But of course, there may be concerns about the birth parents that make a closed adoption the appropriate choice. 

Adoption by a Stepparent 

Marriage can involve more than the union of two adults. When one of the spouses has children from a previous relationship, the marriage creates a new family, and the other spouse may come to love and care for the children as though they were his or her own. However, the law does not treat stepparent and natural parent relationships equally. The birth parent from the previous relationship still has the same legal rights as existed before the marriage. Stepparent adoption is a way to remedy this situation. 

Besides reflecting the love a stepparent feels toward a child, adoption offers practical advantages to the entire family. For example, the stepparent may be called upon to make emergency medical decisions for the child, and an adoption will make this possible. Even if the birth parent from the old relationship has not made contact for years, a stepparent adoption will prevent that person from reappearing one day and causing a disruption. Finally, the adoption will ensure that the stepparent can retain custody should the natural parent unexpectedly pass away or become disabled. 

Working with an Adoption Lawyer 

If you are considering an adoption, working with an attorney can make the process go more smoothly. Hiring legal counsel is particularly important if you expect the birth parent whose rights will be terminated to be uncooperative. For more information, contact an adoption lawyer in your area. 

Adopting a Relative Child from the Philippines

Filipino adoption law allows for the adoption of a relative child if the child is within four degrees of consanguinity. This means that the child must be the prospective adoptive parent’s grandchild,

brother, sister, niece, nephew, grandniece, grandnephew, aunt, uncle, or first cousin. A child who is any other relation to the prospective adoptive family would not be eligible for adoption under the relative adoption procedures. Children who do not meet these strict criteria will occasionally qualify under the rules for an identified adoption. Adoptive families must be able to prove their relationship with the child (beyond the 4th degree), and ICAB must agree that this adoptive placement is in the best interest of the child.

Both the U.S. and the Philippines are part of The Hague Convention on Protection of Children and Co-operation in Respect to Intercountry Adoption and, therefore, must operate within established rules regarding (but not limited to) the eligibility of potential adoptees as well as adoptive parents. All of these rules also apply in Filipino relative cases.

A child must be “legally free” to be eligible for adoption. A Filipino child is legally free when the child has been voluntarily or involuntarily committed to the Department of Social Welfare and Development or to a licensed child-placing or child-caring agency and freed of parental authority.

All U.S. residents applying to adopt a Filipino child (relative or non-relative) must work with an adoption agency who is Hague accredited as well as accredited by the Philippines government. Family Adoption Consultants meets both of these requirements. International adoption is a complex process that requires approvals from many different governmental officials, both in the Philippines and the United States. Although these rules may seem excessive in the case of a relative adoption, especially when the child is living in dire circumstances, it is important to remember that the rules were developed to protect the rights and welfare of children, their birth families, and prospective adoptive families.

Filipino law does allow for former Filipino citizens who are naturalized citizens of their present country of residence to adopt through the local courts in the Philippines. ICAB’s only involvement in these cases is reviewing and approving the homestudy from an accredited agency in the family’s country of residence. However, families will only be able to obtain an adoption visa for their child to immigrate to the U.S. if they have lived for 2 years in the Philippines with their relative child or 3 years with a non-relative child.

How Do We Start the Process of Adopting our Relative Child?

 

1. Submit a Preliminary Application to Family Adoption Consultants. We will review and advise you regarding the particular circumstances of your case.

2. Complete the required “Questionnaire for Relative Adoptive Applicants” on the Intercountry Board website: http://www.icab.gov.ph. Submit a copy of your questionnaire to FAC for our records so that we can follow up with ICAB on your behalf if needed.

3. Upon review of the “Questionnaire”, ICAB will request that the family complete the required documents for a relative and/or identified adoption. FAC will work with the prospective parents to complete a homestudy (and dossier if required) and obtain approval from the US Department of Homeland Security, Citizen and Immigration Services. 

4. ICAB will also request the Department of Social Welfare and Development Field Office where the child resides to conduct a Child Study Report. Receipt of this report can take 3 – 6 months from the time of the initial request. The DSWD will evaluate the child’s history and living conditions, verify legal status regarding eligibility for adoption, and make a recommendation whether adoption is in the child’s best interests.

5. The ICAB social worker will review all of the documents regarding the adoptive family and the Child Study Report on the prospective adoptive child, and make a recommendation to the official ICAB Board for approval/ denial of the proposed adoption.

6. Once approval is issued by ICAB, paperwork is filed with the U.S. Central Authority (U.S. Department of State), requesting issuance of the child’s visa.

7. You travel to the Philippines to bring your child home, and attend a meeting at ICAB’s office in Manila.

8. The adoption is legally completed in the U.S. in accordance with the adoption rules in the state where you reside.

Although all of these steps are extremely complex, it is the only way to successfully ensure the legal adoption of your relative child, and approval for the child’s immigration to the United States. Any shortcuts to the established regulations will cause your adoption to be jeopardized.

A domestic adoption refers to any adoption that takes place within the United States. Adopters have the option to seek placement and process their adoption independently, through an agency or a facilitator.

Adopters choose domestic adoption because it tends to be cheaper than international adoption and it also doesn’t present large cultural or ethnic gaps later in a child’s life. Domestic adopters also have a greater capacity to customize their adoption experience than in an international adoption. A domestic adoption may also have more federal and state financial aid available to an adoptive family’s needs.

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Domestic adoptions can be facilitated independently and with an attorney or by an agency. Of the agencies, adopters can choose to work with the public or private.

Public agencies are the cheapest adoption option. They rarely cost more than the home study fee, which is also eligible for reimbursement if an adopter is placed with a special needs child. Public agencies are state-run and place older children from the foster system with adoptive families.

Private agencies, on the other hand, are slightly more expensive and place infants with couples. They may also provide birth mother counseling, an attorney and also post-placement supervision.

Perhaps the most appropriate way to categorize adoption options is by adoptee age. Infant adoptions are characterized by placement arrangements with a future birth mother, who expects to terminate her parental rights over the child after it's born and consent to an adoptive couple assuming those rights. About two-thirds of all domestic infant adoptions are processed independently by an attorney and the rest are facilitated by a private agency.

Infant adoptions are the most expensive adoption option, beginning around $5,000 and able to cost well over $30,000 or $40,000. Birth mother services and agency or attorney fees vary from adoption to adoption. However, most adopters can expect to pay well for the adoption process.

Independent adoptions can be around the same overall cost as private agencies, but can also be the most expensive domestic option if it isn’t done right. In an independent adoption, a couple finds their own child placement and covers costs and counseling and facilitation without an agency intermediary. Often an attorney plays a large role in these adoptions, which can also be very expensive.