Ra 8043
Ra 8043
Ra 8043
Congress of the Philippines
Metro Manila
Third Regular Session
Begun and held in Metro Manila, on Monday, the twentyfifth day of July, nineteen
hundred and twentyfour.
REPUBLIC ACT NO. 8043
AN ACT ESTABLISHING THE RULES TO GOVERN INTERCOUNTRY ADOPTION OF
FILIPINO CHILDREN, AND FOR OTHER PURPOSES
ARTICLE I
General Provisions
SECTION 1. Short Title. This Act shall be known as the "InterCountry Adoption
Act of 1995."
SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to
provide every neglected and abandoned child with 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 intercountry 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 intercountry adoptions are allowed when the same shall
prove beneficial to the child's best interests, and shall serve and protect his/her
fundamental rights.
SEC. 3. Definition of Terms. As used in this Act, the term:
a) Intercountry adoption refers to the sociolegal process of adopting a Filipino child
by a foreigner or a Filipino citizen permanently residing abroad where the
petition is field, the supervised trial custody is undertaken, and the decree of
adoption is issued outside the Philippines.
b) Child means a person below fifteen (15) years of age unless sooner emancipated
by law.
c) Department refers to the Department of Social Welfare and Development of the
Republic of the Philippines.
d) Secretary refers to the Secretary of the Department of Social Welfare and
Development.
e) Authorized and accredited agency refers to the State welfare agency or a licensed
adoption agency in the country of the adopting parents which provide
comprehensive social services and which is duly recognized by the Department.
f) Legallyfree child means a child who has been voluntarily or involuntarily
committed to the Department, in accordance with the Child and Youth Welfare
Code.
g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a
mutually satisfying parentchild relationship.
h) Board refers to the Intercountry Adoption Board.
ARTICLE II
The InterCountry Adoption Board
SEC. 4. The InterCountry 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 intercountry adoption. It shall act as the policymaking
body for purposes of carrying out the provisions of this Act, in consultation and
coordination with the Department, the different childcare and placement agencies,
adoptive agencies, as well as nongovernmental organizations engaged in childcare and
placement activities. As such, it shall:
a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any
other practice in connection with adoption which is harmful, detrimental, or
prejudicial to the child;
b) Collect, maintain, and preserve confidential information about the child and the
adoptive parents;
c) Monitor, followup, and facilitate completion of adoption of the child through
authorized and accredited agency;
d) Prevent improper financial or other gain in connection with an adoption and
deter improper practices contrary to this Act;
e) Promote the development of adoption services including postlegal adoption;
f) License and accredit childcaring/placement agencies and collaborate with them
in the placement of Filipino children;
g) Accredit and authorize foreign adoption agency in the placement of Filipino
children in their own country; and
h) Cancel the license to operate and blacklist the childcaring and placement
agency or adoptive agency involved from the accreditation list of the Board upon
a finding of violation of any provision under this Act.
SEC. 5. Composition of the Board. The Board shall be composed of the Secretary
of the Department as exofficio Chairman, and six (6) other members to be appointed by
the President for a nonrenewable term of six (6) years: Provided, That there shall be
appointed one (1) psychiatrist or psychologist, two (2) lawyers who shall have at least
the qualifications of a regional trial court judge, one (1) registered social worker and two
(2) representatives from nongovernmental organizations engaged in childcaring and
placement activities. The members of the Board shall receive a per diem allowance of
One thousand five hundred pesos (P1,500.00) for each meeting attended by them:
Provided, further, That no compensation shall be paid for more than four (4) meetings a
month,
SEC. 6. Powers and Functions of the Board. The Board shall have the following
powers and functions:
a) to prescribe rules and regulations as it may deem reasonably necessary to carry
out the provisions of this Act, after consultation and upon favorable
recommendation of the different agencies concerned with childcaring,
placement, and adoption;
b) to set the guidelines for the convening of an Intercountry Adoption Placement
Committee which shall be under the direct supervision of the Board;
c) to set the guidelines for the manner by which selection/matching or prospective
adoptive parents and adoptive child can be made;
d) to determine a reasonable schedule of fees and charges to be exacted in
connection with the application for adoption;
e) to determine the form and contents of the application for intercountry adoption;
f) to formulate and develop policies, programs and services that will protect the
Filipino child from abuse, exploitation, trafficking and other adoption practice
that is harmful, detrimental and prejudicial to the best interest of the child;
g) to institute systems and procedures to prevent improper financial gain in
connection with adoption and deter improper practices which are contrary to
this Act;
h) to promote the development of adoption services, including postlegal adoption
services;
i) to accredit and authorize foreign private adoption agencies which have
demonstrated professionalism, competence and have consistently pursued non
profit objectives to engage in the placement of Filipino children in their own
country: Provided, That such foreign private agencies are duly authorized and
accredited by their own government to conduct intercountry adoption: Provided,
however, That the total number of authorized and accredited foreign private
adoption agencies shall not exceed one hundred (100) a year;
j) to take appropriate measures to ensure confidentiality of the records of the
child, the natural parents and adoptive parents at all times;
k) to prepare, review or modify; and thereafter, recommend to the Department of
Foreign Affairs, Memoranda of Agreement respecting intercountry adoption
consistent with the implementation of this Act and its stated goals, entered into,
between and among foreign governments, international organizations and
recognized international nongovernmental organizations;
l) to assist other concerned agencies and courts in the implementation of this Act,
particularly as regards coordination with foreign persons, agencies and other
entities involved in the process of adoption and the physical transfer of the child;
and
m) to perform such other functions on matters relating to intercountry
adoption as may be determined by the President.
ARTICLE III
Procedure
SEC. 7. InterCountry Adoption as the Last Resort. The Board shall ensure that
all possibilities for adoption of the child under the Family Code have been exhausted
and that intercountry adoption is in the best interest of the child. Towards this end, the
Board shall set up the guidelines to ensure that steps will be taken to place the child in
the Philippines before the child is placed for intercountry adoption: Provided, however,
That the maximum number that may be allowed for foreign adoption shall not exceed
six hundred (600) a year for the first five (5) years.
SEC. 8. Who May be Adopted. Only a legally free child may be the subject of inter
country adoption. In order that such child may be considered for placement, the
following documents must be submitted to the Board:
a) Child study;
b) Birth certificate/founding certificate;
c) Deed of voluntary commitment/decree of abandonment/death certificate of
parents;
d) Medical evaluation/history;
e) Psychological evaluation, as necessary; and
f) Recent photo of the child.
SEC. 9. Who May Adopt. Any alien or a Filipino citizen permanently residing
abroad may file an application for intercountry adoption of a Filipino child if he/she;
a) is at least twentyseven (27) years of age and at least sixteen (16) years older
than the child to be adopted, at the time of application unless the adaptor 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
counselling from an accredited counsellor in his/her country;
d) has not been convicted of a crime involving moral turpitude;
e) is eligible to adopt under his/her nation law;
f) 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;
g) 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;
h) 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
i) possesses all the qualifications and none of the disqualifications provided herein
and in other applicable Philippine laws.
SEC. 10. Where to File Application. An application to adopt a Filipino child shall
be field either with the Philippine Regional Trial Court having jurisdiction over the child,
or with the Board, through an intermediate agency, whether governmental or an
authorized and accredited agency, in the country of the prospective adoptive parents,
which application shall be in accordance with the requirements as set forth in the
implementing rules and regulations to be promulgated by the Board.
The application shall be supported by the following documents written and officially
translated in English:
a) Birth certificate of applicant(s);
b) Marriage contract, if married, and divorce decree, if applicable;
c) Written consent of their biological or adopted children above ten (10) years of
age, in the form of sworn statement;
d) Physical, medical and psychological evaluation by a duly licensed physician and
psychologist;
e) Income tax returns or any document showing the financial capability of the
applicant(s);
f) Police clearance of applicant(s);
g) Character reference from the local church/minister, the applicant's employer
and a member of the immediate community who have known the applicant(s) for
at least five (5) years; and
h) Recent postcardsize pictures of the applicant(s) and his immediate family;
The Rules of Court shall apply in case of adoption by judicial proceedings.
a) The cost of bringing the child from the Philippines to the residence of the
applicant(s) abroad, including all travel expenses within the Philippines and
abroad: and
b) The cost of passport, visa, medical examination and psychological evaluation
required, and other related expenses.
SEC. 13. Fees, Charges and Assessments. Fees, charges, and assessments
collected by the Board in the exercise of its functions shall be used solely to process
applications for intercountry adoption and to support the activities of the Board.
During the trial custody, the adopting parent(s) shall submit to the governmental
agency or the authorized and accredited agency, which shall in turn transmit a copy to
the Board, a progress report of the child's adjustment. The progress report shall be
taken into consideration in deciding whether or not to issue the decree of adoption.
The department of Foreign Affairs shall setup a system by which Filipino children
sent abroad for trial custody are monitored and checked as reported by the authorized
and accredited intercountry adoption agency as well as the repatriation to the
Philippines of a Filipino child whose adoption has not been approved.
ARTICLE IV
Penalties
SEC. 16. Penalties.
a) Any person who shall knowingly participate in the conduct or carrying out of an
illegal adoption, in violation of the provisions of this Act, shall be punished with
a penalty of imprisonment ranging from six (6) years and one (1) day to twelve
(12) years and/or a fine of not less than Fifty thousand pesos (P50,000), but not
more than Two hundred thousand pesos (P200,000), at the discretion of the
court. For purposes of this Act, an adoption is illegal if it is effected in any
manner contrary to the provisions of this Act or established State policies, its
implementing rules and regulations, executive agreements, and other laws
pertaining to adoption. Illegality may be presumed from the following acts:
1) consent for an adoption was acquired through, or attended by coercion,
fraud, improper material inducement;
2) there is no authority from the Board to effect adoption;
3) the procedures and safeguards placed under the law for adoption were not
complied with; and
4) the child to be adopted is subjected to, or exposed to danger, abuse and
exploitation.
b) Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents and communications of
adoption applications, cases and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or
a fine of not less than Five thousand pesos (P5,000), but not more than Ten
thousand pesos (P10,000), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated felony
under this Article shall be imposed upon the principals of the attempt to commit any of
the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or where it involves two or more
children shall be considered as an offense constituting child trafficking and shall merit the penalty of
reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried
out by a group of three (3) or more persons conspiring and/or confederating with one
another in carrying out any of the unlawful acts defined under this Article. Penalties as
are herein provided shall be in addition to any other penalties which may be imposed for
the same acts punishable under other laws, ordinances, executive orders, and
proclamations.
SEC. 17. Public Officers as Offenders. Any government official, employee or
functionary, who shall be found guilty of violating any of the provisions of this Act, or
who shall conspire with private individuals shall, in addition to the aboveprescribed
penalties, be penalized in accordance with existing civil service laws, rules and
regulations: Provided, That upon the filing of a case, either administrative or criminal,
said government official, employee or functionary concerned shall automatically suffer
suspension until the resolution of the case.
ARTICLE V
Final Provisions
SEC. 19. Appropriations. the amount of Five million pesos (P5,000,000) is hereby
appropriated from the proceeds of the Lotto for the initial operations of the Board and
subsequently the appropriations of the same shall be included in the General
Appropriations Act for the year following its enactment.
SEC. 21. Repealing Clause. Any law, decree, executive order, administrative order
or rules and regulations contrary to, or inconsistent with the provisions of this Act are
hereby repealed, modified or amended accordingly.
SEC. 22. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.
Approved,
(Sgd.) Jose de Venecia, Jr. (Sgd.) Edgardo J. Angara
Speaker of the House President of the Senate
of Representatives
This Act, which is a consolidation of Senate Bill No. 1984 and House Bill No. 10363
was finally passed by the Senate and House of Representatives on June 2, 1995.
(Sgd.) Camilo L. Sabio (Sgd.) Edgardo E. Tumangan
Secretary General Secretary of the Senate
House of Representatives
Approved: June 7, 1995
(Sgd.) Fidel V. Ramos
President of the Philippines