Distinctions between domestic adoption and inter-country adoption

Posted on November 2, 2016 by PROF. ALVIN CLARIDADES

DOMESTIC ADOPTION INTER-COUNTRY ADOPTION

Governed by RA 8043, the Inter-Country Adoption Act of 1995;
Governed by RA 8552, the Domestic Adoption Act of 1998; procedure governed by the Amended Implementing Rules and
procedure governed by AM No. 02-06-02-SC, Aug. 22, 2002. Regulations on ICAA.
Applies to adoption of a Filipino child in a foreign country,
Applies to domestic adoption of Filipino children, where the entire where the petition for adoption is filed, the supervised trial
adoption process beginning from the filing of the petition up to the custody is undertaken and the decree of adoption is issued
issuance of the adoption decree takes place in the Philippines. outside of the Philippines.
Who may be adopted Who may be adopted
A child legally available for adoption.
Requisites:
a) Below 18 years of age; and
b) Judicially declared available for adoption.
c) Exceptions:
Only a legally free child may be adopted.
d) Legitimate son/daughter of one spouse by the other spouse;
Requisites:
e) Illegitimate son/daughter by a qualified adopter;
a) Below 15 years of age; and
f) Person of legal age if, prior to the adoption said person has
been consistently considered and treated by the adopter/s as his/her b) Has been voluntarily or involuntarily committed to the
own child since minority. DSWD in accordance with PD 603.

Who may adopt Who may adopt

1. FILIPINO CITIZENS
A. FILIPINO CITIZENS
1) Permanent resident of a foreign country;
1) Of legal age;
2) Has the capacity to act and assume all rights and
2) In possession of full civil capacity and legal rights; responsibilities of parental authority under Philippine laws;

3) Of good moral character; 3) Has undergone the appropriate counseling from an

accredited counselor in country of domicile;
4) Has not been convicted of any crime involving moral
turpitude; 4) Has not been convicted of a crime involving moral
turpitude;
5) Emotionally and psychologically capable of caring for
children; 5) Eligible to adopt under Philippine laws;
6) In a position to support and care for his/her children in
keeping with the means of the family;
7) At least 16 years older than the adoptee but this latter
requirement may be waived if (a) the adopter is the biological
parent of the adoptee; or (b) the adopter is the spouse of the
adoptee‘s parent; and
8) Permanent resident of the Philippines.
1. ALIENS
1) Same qualifications as above, and in addition:
2) His/her country has diplomatic relations with the Republic of
the Philippines;
3) His/her government allows the adoptee to enter his/her
country as his/her adopted son/daughter;
4) Has been living in the Philippines for at least 3 continuous
years prior to the filing of the application for adoption and
maintains such residence until the adoption decree is entered; and
5) 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. This requirement may be
waived if (a) a former Filipino citizens seeks to adopt a relative
within the 4th degree of consanguinity or affinity; (b) one seeks to
adopt the legitimate son/daughter of his/her Filipino spouse; (c) one
who is married to a Filipino citizen and seeks to adopt a relative
within the 4th degree of consanguinity or affinity of the Filipino
spouse.
6) 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;
7) Agrees to uphold the basic rights of the child as embodied
under Philippine laws, the UN Convention on Rights of the
Child, and to abide by the rules and regulations issued to
implement the provisions of the ICAA;
8) Residing in a country with whom the Philippines has
diplomatic relations and whose government maintains a similarly
authorized and accredited agency and that adoption is allowed in
that country;
9) Possesses all the qualifications and none of the
disqualifications provided in the ICAA and in other applicable
Philippine laws;
10) At least 27 years of age at the time of the application; and
11) At least 16 years older than the child to be adopted at the
time of application, unless (a) adopted is the parent by nature of
the child to be adopted; or (b) adopter is the spouse of the parent
by nature of the child to be adopted.
B. ALIENS
1) At least 27 years of age at the time of the application;
2) At least 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;
3) Has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws;
4) Has undergone the appropriate counseling from an
accredited counselor in his/her country;
5) Has not been convicted of a crime involving moral
turpitude;
6) Eligible to adopt under his/her national law;
7) 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;

Requirement of Joint Adoption by Spouses
General rule: husband and wife shall jointly adopt; otherwise, the
adoption shall not be allowed.
Exceptions:
1) If one spouse seeks to adopt the legitimate son/daughter of the
other;
2) If one spouse seeks to adopt his/her own illegitimate
son/daughter but the other spouse must give his/her consent;
3) If the spouses are legally separated from each other.
Procedure
Where to file application: In the Family Court of the province or
city where the prospective parents reside.
After filing: The petition shall not be set for hearing without a case
study report by a licensed social worker.
Supervised Trial Custody:
a) Temporary parental authority is vested in prospective adopter;
b) Period is at least 6 months, but may be reduced by the court
motu propio or upon motion;
c) If adopter is alien, the law mandatorily requires completion of
the 6-month trial custody and may not be reduced, except if:
1) a former Filipino citizen seeks to adopt a relative within 4th
8) Agrees to uphold the basic rights of the child as embodied
under Philippine laws, the UN Convention on the Rights of the
Child, and to abide by the rules and regulations issued to
implement the provisions of the ICAA;
9) 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
10) Possesses all the qualifications and none of the
disqualifications provided in the ICAA and in other applicable
Philippine laws.
Requirement of Joint Adoption by Spouses
Rule: if the adopter is married, his/her spouse must jointly file
for the adoption.
Procedure
Where to file application: Either in (a) Family Court having
jurisdiction over the place where the child resides or may be
found, or (b) Inter-Country Adoption Board (ICAB) through an
intermediate agency, whether governmental or an authorized and
accredited agency, in the country of the prospective adoptive
parents.
After filing:
a) if filed in the FC, court determines sufficiency of petition
in respect to form and substance, after which, petition is
transmitted to ICAB;
b) if petition is already with ICAB, it conducts matching of
the applicant with an adoptive child;
c) after matchmaking, the child is personally fetched by the
applicant for the trial custody which takes place outside of the
Philippines.
degree of consanguinity or affinity;

2) one seeks to adopt the legitimate son/daughter of his/her

Filipino spouse;
Supervised Trial Custody:
3) one who is married to a Filipino citizen and seeks to adopt
jointly with his/her spouse a relative within the 4th degree of
consanguinity or affinity of the Filipino spouse. a) This process takes place outside of the country and under
the supervision of the foreign adoption agency;

b) For a period of 6 months;

Decree of Adoption: Issued by Philippine Family Court.
Consent Required: Written consent of the following to the adoption
is required, in the form of affidavit:
1) adoptee, if 10 years of age or over;
c) If unsuccessful, ICAB shall look for another prospective
applicant. Repatriation of the child is to be resorted only as a last
resort;
d) If successful, ICAB transmits a written consent for the
adoption to be executed by the DSWD, and the applicant then
files a petition for adoption in his/her country.

2) biological parent/s of the child, if known, or the legal

guardian, or the proper government instrumentality which has legal
custody of the child;
3) legitimate and adopted sons or daughters, 10 years of age or
over, of the adopter/s and adoptee, if any;
4) illegitimate sons/daughters, 10 years of age of over, of the
adopter if living with said adopter and the latter‘s spouse, if any;
5) spouse, if any, of the person adopting or to be adopted.
Decree of Adoption: Issued by a foreign court.
Consent Required:
1) Written consent of biological or adopted children above 10
years of age, in the form of sworn statement is required to be
attached to the application to be filed with the FC or ICAB;
2) If a satisfactory pre-adoptive relationship is formed
between the applicant and the child, the written consent to the
adoption executed by the DSWD is required.