Inter-country Adoption (R.A.

8043)
A. Definition
A socio-legal process of providing a permanent family to a child whose parents have voluntarily or involuntarily
relinquished parental authority over the child. (DSWD Domestic Adoption Manual (2007])
It is the act by which relations of paternity and affiliation are recognized as legally existing between persons
not so related by nature. (Rabel)
A judicial act which creates between two persons a relationship similar to that which results from legitimate
paternity and affiliation. (Prasnik v. Republic)

Other Terms
Inter-country adoption - refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino
citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and
the decree of adoption is issued outside the Philippines.
Child - means a person below fifteen (15) years of age unless sooner emancipated by law.
Legally-free child - means a child who has been voluntarily or involuntarily committed to the Department, in
accordance with the Child and Youth Welfare Code.
Inter-Country Adoption Board. There is hereby created the Inter-Country Adoption Board, hereinafter
referred to as the Board to act as the central authority in matters relating to inter-country adoption. It shall act
as the policy-making body for purposes of carrying out the provisions of this Act, in consultation and
coordination with the Department, the different child-care and placement agencies, adoptive agencies, as well
as non-governmental organizations engaged in child-care and placement activities (Sec. 4)

Declaration of Policy
It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will
provide such child with love and care as well as opportunities for growth and development. Towards this end, efforts
shall be exerted to place the child with an adoptive family in the Philippines. However, recognizing that inter-country
adoption may be considered as allowing aliens not presently allowed by law to adopt Filipino children if such children
cannot be adopted by qualified Filipino citizens or aliens, the State shall take measures to ensure that inter-country
adoptions are allowed when the same shall prove beneficial to the child's best interests, and shall serve and protect
his/her fundamental rights.

B. History
a) Spanish and American Antecedents
Spanish Civil Code of 1889
o Extended to the Philippines by Royal Decree
Treaty of Paris: Change of Sovereignty
o Code of Civil Procedure
Adoption laws of the US and Spain varied (Hilado)
o US Law: provided for complete change in the domestic relations of the child
o Spanish Law: permits only a change in the person who is to exercise parental authority
However, both made the welfare of the child the paramount consideration
o This is reflected in our laws on adoption

b) Modern Day Laws and Policies

Child and Youth Welfare Code (PD603)
o Repealed all adoption provisions in the Civil Code of the Philippines
E.O. 91
o Amended PD603 with regard to certain provisions regarding non-resident aliens

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 Family Code
The Inter-Country Adoption Act of 1995 (RA8043)
Domestic Adoption Act of 1998 (RA8552)

c) Inter-Country Adoption Act

1. Act No. 3094
First law that enabled foreigners to adopt Filipino children
Any public institution or charitable association incorporated in the Philippines, having for its object the
receiving, aiding, caring for, placing out for adoption and consenting to adoption or improving the condition
of an orphan or abused child was authorized to educate, train, or place it out temporiarily or for adoption in a
suitable home and to consent to its adoption when his/her parents have surrendered him/her
2. New Civil Code
Provided that non-resident aliens and resident aliens with whose government the Philippines had broken
diplomatic relations were disqualified from adopting
3. Child and Youth Welfare Code
Fully established the legal basis for inter-country adoption by allowing non-resident aliens to adopt locally
through the courts provided they were not disqualified from adopting according to the laws of their home
country
Council for the Welfare of the Children
o Rules and Regulations on Foreign Adoption: allowed adoption of Filipino children who were
voluntarily or involuntarily committed to the DSWD or who were given up for adoption by their
adoption by their parents if the children could not be placed locally
o The director of social services was given the authority to approve a childs adoption in a foreign
country
4. Administrative Order No. 150 of 1981
Emphasized that inter-country adoption would only be allowed if the needs of the child could not be met
through local adoption
5. E.O. 91, amending the Child and Youth Welfare Code
Imposed a 1-year residency requirement immediately preceding the filing of a petition for adoption, as well
as during trial custody
EO91 disqualified from adopting any alien whose government or place of resident abroad has no agency
that can provide competent professional evaluation (Home Study) of adoptive family and post-placement
services to the child and the family
6. Family Code
General Rule: aliens were disqualified from adopting
Exceptions:
o A former Filipino citizen who seeks to adopt a relative by consanguinity
o One who seeks to adopt the legitimate child of his or her Filipino spouse
o One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a
relative by consanguinity of the latter
Note: aliens not embraced in the exceptions could still adopt in accordance with rules on inter-country
adoption as may be provided by law
7. UN Convention on the Rights of the Child
Philippines ratified on September 2, 1990
The Philippines thus became duty-bound to pass an inter-country adoption law
8. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption
Philippines joined the drafting of the Convention Inter-Country Adoption
This Hague Convention later came into force on May 1, 1995, and was ratified by the Philippine Senate on
January 8, 1996

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9. R.A. 8043
Declared that the State shall take measures to ensure that inter-country adoptions are allowed when the
same shall prove beneficial to the childs best interests, and shall serve and protect his/her fundamental
rights
Subsidiarity Principle: Policy of the State to exert all efforts to locate an adoptive family within the
Philippines before resorting to inter-country adoption

C. Parties
a) Who may be adopted
Filipino Children
Below 15 years of age
Legally free to be adopted
Voluntarily or involuntarily committed to the DSWD

b) Who may adopt

1. A Filipino citizen permanently residing abroad or an alien
I. At least 27 years old
II. At least 16 years older than the child to be adopted
III. 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;
IV. has not been convicted of a crime involving moral turpitude
V. is eligible to adopt under his/her national law;
VI. is in a position to provide the proper care and support and to give the necessary moral values and
example to all his children, including the child to be adopted;
VII. agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on
the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of
this Act;
VIII. comes from a country with whom the Philippines has diplomatic relations and whose government
maintains a similarly authorized and accredited agency and that adoption is allowed under his/her
national laws; and
IX. possesses all the qualifications and none of the disqualifications provided herein and in other applicable
Philippine laws.Inter-country Adoption Board

c) Inter-Country Adoption Board (Sec. 4)

D. Process
1. Filing of Application (Sec. 10)
a) Venue
i. Philippines RTC which has jurisdiction over the child
ii. Country of prospective adoptive parents the Board, through an intermediate agency
b) Requires eight (8) supporting documents, written and officially translated into English
2. Family Selection or Matching Process (Sec. 11 and IRR)
a) Requires a satisfactory showing that the child cannot be adopted within the Philippines (DSWD
certification)
b) Categories of adoption
i. Regular
th
ii. Relative: adoption by relative within 4 degree of consanguinity
iii. Special needs/special home finding: involves older children who require particular medical
attention
iv. Independent placement: refers to children whose adoption should be allowed due to
execptional circumstances (ie. foundling left at a doorstep)
v. Medical Mission: temporary adoption of children in need of an operation by a host family

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 c) Prohibition
i. The applicant and the childs parents/guardians, or custodians are barred from making any
matching arrangement and from each other before the Board has approved the matching
1. This is to ensure that no material incentives of undue influence to the birth mother
2. Execptions
a. Relative adoption
b. Where the childs best interest is at stake, as determined by the Board
3. Applicants acceptance and issuance of placement authority
a) After the applicants express their acceptance of the matching proposal, the Board issues a Placement
Authority within 3 working days upon receipt of such acceptance and the corresponding fees
4. Pre-departure Preparation
a) Physical Transfer
i. Our law compels the adopters to personally fetch the child from the Philippines not later than
20 working days after notice of issuance of the visa of the child
ii. Applicant shall stay in the country with the child for at least 5 days to allow bonding to occur
between and among them
b) Failure of Physical Transfer
i. The applicant should inform the Board and concerned Child Caring Agency
5. Supervision of Trial Custody (Sec. 14)
a) Trial custody is for a period of 6 months from time of placement
i. Placement: physical transfer of the child to the applicants
b) After the lapse of the period, a decree of adoption will be issued in the adopters country, a copy of
which shall be sent to the Board
c) Emergency Situations
i. There is still a risk that the child will suffer abuse from the adoptive parents or be inflicted with
some serious ailment
ii. The Board must be notified
d) Disruption and Termination of Placement
i. Termination does not necessarily result in repatriation
ii. The Board has required all prospective adopters to underdo specific psychological testing
e) Repatriation of the Child
i. Last resort when the Board is unable to find a suitable replacement family for the child within
a reasonable time
6. Consent to Adoption
a) After trial custody, if a satisfactory pre-adoptive relationship is formed between the applicant and the
child, the Board shall transmit an Affidavit of Consent to the Adoption executed by the Department
within 15 days
7. Petition for and Decree of Adoption
a) The prospective adoptive parents shall file the petition for adoption with the court of competent
jurisdiction in the country where the applicant resides within 6 months after trial custody
b) Options of the court
i. Dismiss: the procedure under disruption and termination of placements shall apply
ii. Grant: copy of the final Decree of Adoption, including the Certificate of
Citizenship/Naturalization, shall be transmitted to the Board within 1 month fmor issuance
8. Recognition of Foreign Judgment
a) Foreign Judgment: decision rendered outisde the forum and encompasses judgments, decrees, and
orders of courts of foreign countries (Coquia and Aguiling-Pangalangan)
i. An inter-country adoption decree granted by the country of the adopter may be treated as a
foreign judgment
ii. Foreign judgments shall then be recognized and enforced In the Philippines
1. Recognition: passive act of giving effect to a judgment
2. Enforcement: requires the filing of an action in court
b) There is no procedure for recognition and enforcement of adoption decrees under Philippine Law

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 c) Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial
Matters
i. It shall not apply to decisions the main object of which is to determine the status and capacity
of persons, as well as questions of family law
d) Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption
i. Recognition of an adoption includes the recognition of:
1. The legal parent-child relationship
2. Parental responsibility of the adoptive parents
3. Termination of pre-existing relationship between the child and biological parents, if
adopton has this effect in the Contracting State
ii. Recognition may be refused only if the adoption is manifestly contrary to public policy, taking
into account the best interests of the child
iii. Convention provides that Convention adoption shall be recognized b law
1. It precludes the need to re-adopt the child
2. Philippine law provides for a process in which such foreign judgment is offered as
evidence in an action to enforce a foreign judgment (Rule 132, Sec. 24)

Domestic Adoption vs. Inter-Country Adoption

Domestic Adoption (RA 8552) Inter-Country Adoption (RA 8043)

Governing Body DSWD
Adoption need not be the last resort
When may adoption
be resorted to
(1) Any FILIPINO CITIZEN (regardless of
where residing)
(a) of legal age
(b) at least sixteen (16) years older
than the adoptee, (may be waived
when the adopter is the biological
parent of the adoptee, or is the
spouse of the adoptee's parent)
(c) in possession of full civil capacity
and legal rights,
(d) of good moral character, has not
been convicted of any crime
Who may adopt involving moral turpitude,
emotionally and psychologically
capable of caring for children,
(e) who is in a position to support
and care for his/her children in
keeping with the means of the
family.
(2) Any ALIEN possessing the same
qualifications as above stated for
Filipino nationals: Provided,
(a) that he/she has been living in
the Philippines for at least three
(3) continuous years prior to the
Inter-country Adoption Board (ICAB)
Adoption only as last resort: No child
shall be matched to a foreign adoptive
family unless it is satisfactorily shown
that the child cannot be adopted locally
[Sec.11]
(1) 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
(b) at least sixteen (16) years older
than the child to be adopted, at
the time of application unless the
adopter is the parent by nature of
the child to be adopted or the
spouse of such parent:
(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 in a position to provide the
proper care and support and to
give the necessary moral values

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 filing of the application for
adoption and maintains such
residence until the adoption
decree is entered,
(b) that his/her country has
diplomatic relations with the
Republic of the Philippines,
(c) he/she has been certified by
his/her diplomatic or consular
office or any appropriate
government agency that he/she
has the legal capacity to adopt in
his/her country, and
(d) that his/her government allows
the adoptee to enter his/her
country as his/her adopted
son/daughter;
(e) that the requirements on
residency and certification of the
alien's qualification to adopt in
his/her 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 son/daughter of
his/her Filipino spouse; or
(iii) 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; or
and example to all his children,
including the child to be adopted
(f) if married, his/her spouse must
jointly file for the adoption;
(g) is eligible to adopt under his/her
national law;
(h) agrees to uphold the basic rights
of the child as embodied under
Philippine laws, the U.N.
Convention on the Rights of the
Child, and to abide by the rules
and regulations issued to
implement the provisions of this
Act;
(i) comes from a country with whom
the Philippines has diplomatic
relations and whose government
maintains a similarly authorized
and accredited agency and that
adoption is allowed under his/her
national laws;
(j) possesses all the qualifications
and none of the disqualifications
provided herein and in other
applicable Philippine laws. [Sec.
9]
(2) ALIEN with above qualifications
[Sec. 9]

(3) The GUARDIAN with respect to the

ward after the termination of the
guardianship and clearance of
his/her financial accountabilities.
[Sec. 7]

When 16 year difference may be waived:

1) If adopter is the biological parent of
adoptee
2) If adopter is the spouse of adoptees
parent [Sec. 7]

(a) Any person below eighteen (18) years (a) Filipino children [Sec. 3(a)]
Who may be
of age who has been administratively or
adopted
judicially declared available for adoption; (b) Below 15 years of age [Sec. 3(b)]

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 (b) The legitimate son/daughter of one (c) Who are legally free, meaning
spouse by the other spouse; children who have been voluntarily or
involuntarily committed to the DSWD
(c) An illegitimate son/daughter by a [Sec. 3(f) and Sec. 8]
qualified adopter to improve his/her
status to that of legitimacy; IRR of 2004 adds that:
Any child who has been voluntarily or
(d) A person of legal age if, prior to the involuntarily committed to the
adoption, said person has been Department as dependent, abandoned
consistently considered and treated by or neglected pursuant to the provisions
the adopter(s) as his/her own child since of the Child and Youth Welfare Code
minority; may be the subject of Inter-Country
Adoption xxx [Sec. 26]
(e) A child whose adoption has been
previously rescinded; or

(f) A child whose biological or adoptive

parent(s) has died: Provided, That no
proceedings shall be initiated within six
(6) months from the time of death of said
parent(s). [Sec. 8]
Petition for adoption shall be filed with Either with the Philippine RTC having
Family Court of the province or city jurisdiction over the child, or with the
where the prospective adoptive parents Inter-country Board through an
reside [Sec. 6, Adoption Rule] intermediate agency, in the country of
the adoptive parents [Sec. 10]

IRR of 2004 provides that:

Application shall be filed with the Board
or the Central Authority or the Foreign
Venue Adoption Agency in the country where
the applicant resides. In case of foreign
nationals who file petition for adoption
under RA 8552 or Domestic Adoption
Law, the Court after finding petition to
be sufficient in form and substance and
proper case for inter-country adoption
shall immediately transmit the petition
to the board for appropriate action. [Sec.
30]
Trial Custody Takes place in the Philippines Where adoptive parents reside [Sec. 14]
Only upon petition of adoptee, never by No provision limiting act of rescission
adopters. However, the adopter may only to adoptee.
disinherit the adoptee. [Sec. 19]
In IRR, the procedure is provided for
Rescission when adoption process is terminated:

SECTION 47. DISRUPTION AND

TERMINATION OF PLACEMENT. - In
the event of serious damage in the

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 relationship between the child and the
applicant/s where the continued
placement of the child is not in his/her
best interests, the Central Authority
and/or the FAA shall take the necessary
measures to protect the child, in
particular, to cause the child to be
withdrawn from the applicant/s and to
arrange for his/her temporary care.

The Central Authority and/or FAA shall

exhaust all means to remove the cause
of the unsatisfactory relationship which
impedes or prevents the creation of a
mutually satisfactory adoptive
relationship. A complete report should
be immediately forwarded to the Board
with actions taken as well as
recommendations and appropriate
plans. Based on the report, the Board
may terminate the pre-adoptive
relationship.

SEC. 48. NEW PLACEMENT FOR

CHILD. - In the event of termination of
the pre-adoptive relationship, the Board
shall identify from the Roster of
Approved Applicants a suitable family
with whom to place the child. The
Central Authority and/or the FAA may
also propose a replacement family
whose application shall be filed for the
approval of the Board. No adoption shall
take place until after the Board has
approved the application of such
replacement family.