ADOPTION

BACKGROUNDHAGUE CONVENTION ON PROTECTION OF

CHILDREN AND CO-OPERATIONIN RESPECT OF INTERCOUNTRY ADOPTION

INTER-COUNTRY ADOPTION ACT OF 1995

DOMESTIC ADOPTION ACT OF 1998

PREFERENCEBiological Parents

Extended Family

Unknown Stranger

Domestic Adoption

Inter-country Adoption

WHO MAY ADOPT?RA 8552Filipino citizen or alien residing in the Philippines

- of legal age- at least 16 yrs older than adoptee. Not required if:

i. Adopter biological parent or sibling of adopteeii. Adopter is the spouse of adoptee’s parent

- capacity to assume rights and duties-> parental authority- good moral character- not convicted of crime involving moral turpitude- in position to support, educate and care children and child to be adopted- undergone pre-adoption services (IRR)

WHO MAY ADOPT?Additional requirements for aliens:

- Citizen of state with diplomatic relations with Philippines- Certification from consular/diplomatic office that

i. qualified to adopt in his/her countryii. His government will allow adoptee to

enter adopter’s country and reside there permanently.- Residency requirement

WHO MAY ADOPT?Exception to Certification and Residency requirement:

1. Former Filipino citizen, adoptee relative within 4th degree of consanguinity or affinity

2. Adoptee legitimate child of adopter’s spouse3. Married to Filipino citizen, adopts jointly with spouse a relative within 4th degree of consanguinity/affinity of Filipino spouse

Guardian with respect to ward, after termination of guardianship and clearance of financial accountabilities

WHO MAY ADOPT?RA 8043Alien of Filipino citizen permanently residing abroad:

- at least 27 yrs old and 16 yrs older than child to be adopted, latter requirement not required if applicant is biological parent of child or spouse of biological parent.- capacity to act and assume rights and duties-> parental authority.- not convicted of crime involving moral turpitude

- in position to support, educate and care children and child to be adopted

- Eligible to adopt under his/her national law

WHO MAY ADOPT?- Comes from country:

i. Philippines has diplomatic relationsii. Government maintains foreign adoption agencyiii. Laws allow adoption

- Undergone appropriate counseling

WHO MAY BE ADOPTED?RA 8552Person below 18 yrs of age administratively

declared available for adoption (RA 9523).*Legitimate child of one spouse by other spouse.Illegitimate child by qualified adopter to improve

status of child.Person of legal age provided that prior to adoption,

he/she has been consistently treated by adopter as own child since minority.

Child whose adopted has previously been rescindedChild whose biological/adoptive parents died

WHO MAY BE ADOPTED?RA 8043Legally free child – child

voluntarily/involuntarily committed to DSWD as dependent, abandoned or neglected.

CHILD LEGALLY AVAILABLE OF ADOPTIONChild

Voluntary commit child

Deed of Voluntary Commitment

Unknown ParentsLocate Parents

Located Not Located

Keep Child

Counseling

Reunification

Proof

Petition

Judgment*

Certification that Child is Legally Available for Adoption

WHOSE CONSENT IS NECESSARY TO ADOPTIONRA 8552Adoptee, 10 yrs old or overBiological parents (if known) or government

instrumentality with legal custody of childLegitimate children of adopter and adoptee,

10 yrs old or overIllegitimate children 10 yrs old or over if

living with adopterAdopter’s spouse if adopter seeks to adopt

his/her illegitimate child

WHOSE CONSENT IS NECESSARY TO ADOPTIONRA 8043Biological parents (Deed of Voluntary

Commitment)Biological or adoptive children 10 yrs old or

above of adopterAdoptee’s written consent if 10 yrs old or

over (IRR)Affidavit of Consent to the Adoption executed

by the DSWD

PROCEDURERA 8552

Homestudy Report

Pre-adoption Services

Matching Conference

Approval

Supervised Trial Custody Hearing

Decree of Adoption

Application for Adoption

Disruption of Pre-Adoptive Placement

Another possible placement

Temporary Child Care

Consent for Adoption

Petition for Adoption

PROCEDURERA 8043

Homestudy Report

Pre-adoption Services

Application for Adoption

Endorsement of Child for Inter-country

Adoption

Matching

Pre-adoptive Placement

Consent to Adoption

Disruption of Pre-Adoptive Placement

Another possible

placementTemporary Child Care

Approval by Board

Placement Authority

Child’s repatriation

Petition for Adoption

Decree of Adoption

EFFECTS OF ADOPTIONRA 8552 and 8043All legal ties between biological parents and

adoptee will be severed.Adoptee deemed legitimate child of adopter.Reciprocal rights and obligations of adopter

and adoptee as parent and child.

GROUNDS FOR RESCISSION OF ADOPTIONOnly provided in RA 8552Upon petition of adoptee with assistance of DWSD

(if minor or over 18 yrs old but incapacitated)Adoption may be rescinded if any of these grounds

are committed by adopter:- repeated physical and verbal maltreatment despite

having undergone counseling;- attempt on life of adoptee- sexualt assault of violence- abandonment

EFFECTS OF RESCISSIONRestoration of parental authority of the

biological parent(s) or legal custody of the DSWD.

Cancellation of amended certificate, Restoration of original birth certificate

Succession rights reverted to status prior to adoption

VIOLATIONS AND PENALTIESRA 88521) Vitiated Consent2) Non-compliance with procedures &

safeguards3) Subjecting child to be adopted to danger,

abuse, or explotation1-3 Penalty: 6yrs and 1 day to 12 yrs and/or fine of 50K-200K

4) Simulation of BirthPenalty: 6mos to 2 yrs and fine not exceeding 50K

VIOLATIONS AND PENALTIES5) Violation of Confidentiality requirement

Penalty: 1yr and 1 day to 2 yrs and/or fine of 5K-10KAttempt to commit any of the acts, Penalty: 2 degrees

lower.Committed by Syndicate (3 or more persons) or involves 2

or more childrenOffense: Child TraffickingPenalty: Reclusion Perpetua

Offender is an Alien. Additional penalty: deportation after service of sentence & perpetual exclusion from entry to Philippines.

Offender is Government official or employee. Additional penalty: penalties prescribed under civil service laws etc.

VIOLATIONS AND PENALTIESRA 80431) Conduct of illegal adoption

- vitiated consent- no authority from Board- non-compliance with procedures and safeguards- subjecting child to be adopted to danger, abuse and exploitation

Penalty: 6yrs and 1 day to 12 yrs and/or fine of 50K-200K

2) Violation of Confidentiality requirementPenalty: 1yr and 1 day to 2 yrs and/or fine of 5K-10K

VIOLATIONS AND PENALTIESCommitted by Syndicate (3 or more persons)

or involves 2 or more childrenOffense: Child TraffickingPenalty: Reclusion Perpetua

Offender is Government official or employee. Additional penalty: penalties prescribed under civil service laws etc.

RECTIFICATION OF SIMULATED BIRTHSPerson simulated birth of child prior to effectivity of RA 8552Initiate proceedings within 5 yrs from effectivity of RA 8552

Simulation for best interest child

Child consistently treated as his/her own son/daughter

Child Study and Home Study Reports

Deed of Voluntary Commitment or Judicial Declaration of Abandonment

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