Q. Hello there. I am in need of information about adoption. I don’t know where to begin. My husband and I would like to adopt a relative of mine who is in the Philippines.
I am still a Philippines citizen and my husband is a US citizen. We reside in the US. What steps do we need to take to start the process and what should we expect (time length, paperwork, fees, etc.)? Is there any way this process can be expedited?
Any advice would be very much appreciated. Thank you. AMY.
ANS: This pertains to your recent query to the Balita–Batas Pinoy Corner, as regards the issue of adoption, pursuant to Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of 1995, wherein an alien or Filipino Citizen permanently residing outside the Philippines may adopt a Filipino child.
Owing to the limited information that I have about you, and for the benefit of the general public who wish to adopt and for those who are similarly situated, this corner finds it more practical to reproduce in substance the qualifications of persons who may adopt and the pertinent rules thereto pursuant to RA 8043 :
“ Section 9. Who may Adopt- an 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 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 UN convention of 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 maintain a similarly authorized and accredited agency and that adoption is allowed under his under his/her national laws; and
I) possess all the qualifications and none of the qualifications provided herein and in other applicable Philippine laws.
Section 10. Where to file application- An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court(now Family Court) having jurisdiction over the child or with Board( Inter-Country Adoption Board)through an intermediate agency, whether governmental or authorized and accredited agency in the country of the prospective adoptive parents which application shall be in accordance with the regulations to be promulgated by the Board.”
SEC. 31. (IMPLEMENTING RULES) Annexes.- The petition for adoption shall contain the following annexes written and officially translated in English:
(a) Birth certificate of petitioner ;virtual law library
(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 ; virtual law library
(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.
Based on Section 10 of RA 8043 , it is suggested you consult the nearest Philippine consulate in your area . They may have some information whether an accredited agency is available in your jurisdiction.
For your convenience, the materials hereunder issued by the Department of Social Welfare and Development (DWSD) a government agency in the Philippines, tasked by law as the lead agency in the implementation of the Inter-Country Adoption Law, pursuant to RA 8043, is reproduced for your ready reference:
“WHERE TO FILE THE APPLICATION
The application shall be filed with the ICAB through the Central Authority (CA) on Inter-country Adoption or an ICAB accredited Foreign Adoption Agency (FAA) or Governmental Adoption Agency (GAA) in the country where the applicant resides.
RELATIVE ADOPTION
Relative Adoption as applies to inter-country adoption refers to the adoption of Filipino child/ren by relatives residing abroad within the fourth (4th) degree of consanguinity.
Former Filipinos permanently residing abroad and/or foreigners intending to undertake either local adoption (the filing and the finalization of the adoption is done in the Philippines and have the intention of bringing the adoptive child to their country of residence) or through the inter-country adoption route MUST first secure the approval from the Central Authority or appropriate government agencies before filing any adoption petition.
Adoption applicants from the USA must first secure their suitability and eligibility to adopt (I800A) from the USA Central Authority on Inter-Country Adoption. Canada based adoption applicants obtain such approval from the Central Authority on Inter-country Adoption of the Province or Territory of residence.
MODIFIED PROCEDURE FOR RELATIVE ADOPTION CASES (AS APPROVED BY THE BOARD AS of AUGUST 30, 2007)
The Questionnaire for Relative Adoptive Applicants (ICAB Form No.2) which can be downloaded from this website shall be submitted by the prospective adoptive parents (PAPs) to the Central Authorities (CAs)/ Foreign Adoption Agencies(FAAs).
The CAs/FAAs shall endorse to ICAB the completed Questionnaire for Relative Adoptive Applicants (QRAA) with the agency’s assessment and recommendation on the prospective adoptive parents.
1. If the CA/FAA favorably recommends the PAPs, the ICAB social worker will then request the CA/FAA to proceed with the preparation of the PAPs’ dossier. On the other hand, based on the significant data on the child as indicated in the QRAA, the assigned ICAB Social Worker will request the DSWD – Field Office (FO) to conduct the Child Study Report with supporting documents. Periodic follow-ups will be made with the DSWD-FO.(The time frame from request to ICAB’s receipt of the report will be 3-6 months. In situations where the FO could not prepare the Child Study Report within the expected time frame in view of heavy adoption caseload, the ICAB social worker will assist in the conduct of the CSR).
2. Once the ICAB receives from the DSWD-FO the child’s dossier and the complete adoption application dossier of the PAPs from the CA or FAA, the ICAB social worker will prepare an executive summary on the case with his/her recommendation on the child’s adoptive placement for the disposition of the Board.
Fees, Charges and Assessments
These fees are provided for by Article III Section 13 of the Inter-Country Adoption Act of 1995 (RA 8043) and Section 29 and 40 of the Amended Implementing Rules and Regulations on Inter-Country Adoption.
Effective February 2007, the ICAB fees which applies to all adoption categories (Regular or Non-Relative, Relative, Special Needs, Special Home Finding, Summer Program and Medical Missions) are as follows :
FEES AMOUNT IN US DOLLARS WHEN TO PAY
Application Fee 200.00 Upon filing of the adoption application
Processing Fee 2,000.00 for single placement3,000.00 for sibling group of 2 or more
(as of October 13, 2007) Upon acceptance of the matching proposal
Pre-adoptive placement costs The amount varies from one child to another depending on what part of the Philippines the child comes from and what country he/she is going to. Some Embassies of the Receiving Countries charge visa fees and require visa medical examinations while others do not. The total amount will be quoted by the ICAB in the placement proposal. Upon acceptance of the matching proposal
3. The finalized Local Adoption cases requiring ICAB’s ratification has its own schedule of fees.
4. The ICAB also supports the request of the Association of the Child Caring Agencies of the Philippines (ACCAP) to increase its Child Care Support Fund (CCSF) from US$ 500.00 to US$ 1,000.00 per placement.
5. These new fees will not affect prospective adoptive parents whose adoption applications were received by the ICAB prior to February 2007 and are currently awaiting approvals and child proposals. This means that once these families receive a match, they will still pay the processing fee of US$ 900.00.
6. All payments (except for the CCSF which shall be addressed to the child caring agency where the child came from) shall be in the form of a company check or international bank draft and shall be made payable to the Inter-country Adoption Board. Personal checks, traveler’s checks or cash WILL NOT be accepted.
7. No adoption application will be processed and no Placement Authority will be issued unless the corresponding fees are received by the ICAB.
The following are the common Pre-Adoptive Cost of the Philippine Inter-country Adoption Program: (Exchange Rate: US$1 = PhP45.00)
ITEM PHp Cost US$ Cost
National Statistics Office Birth or Foundling Certificate P400.00 $8.89
E-Passport P1,200.00 $26.67
Commission on Filipino Overseas Certificate P280.00 $6.22
The following child’s documents require authentication from the Philippine Supreme Court, Department of Health and Department of Foreign Affairs:
ITEM PhP Cost US$ Cost
1. Birth or Foundling Certificate P250/document $5.55/document
2. Deed of Voluntary Commitment or Declaration of Abandonment or DSWD Certificate of Child Legally Available for Adoption P250/document $5.55/document
3. Placement Authority P250/document $5.55/document
4. Placement Proposal P250/document $5.55/document
5. Medical Evaluation Report/Medical Certificate in compliance to the requirements of
the following Receiving Countries:
1. Belgium
2. France
3. Germany
4. Italy
5. The Netherlands
6. Spain
Other pre-travel/pre-adoptive cost such as visa pictures, visa medical fee, visa fee, authentication or legalization fee of documents varies according to the Receiving Country. To inquire or follow-up with the ICAB, you can telephone, fax or e-mail: Phone : (632) 726-4568(632) 721-9781(632) 721-9782Fax: (632) 727-2026E-mail: adoption@icab.gov.ph .
Looking forward you’ll find the above in order. Thank you for writing .
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Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.
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