DISTINCTIONS BETWEEN DOMESTIC ADOPTION AND INTER-COUNTRY ADOPTION

Adoption Laws DOMESTIC ADOPTION (RA 8552) INTER-COUNTRY ADOPTION (RA 8043)
Promulgation February 25, 1998 June 7, 1995
Kind Judicial Adoption Extrajudicial Adoption
Coverage RA 8552 amended Art. 183 193 of
the Family Code RA 8043 governs adoption
and is the governing law for Filipino of Filipinos by foreigners and non-
citizens adopting other Filipinos resident citizen and is implemented by
(whether relatives or strangers) with the Inter-Country Adoption Board
some exceptions.

Rescission of adoption is no longer

allowed.
Definition of A person below 18 years of age A person below 15 years of age unless
Child [Sec. 3(a)] sooner emancipated by law [Sec 3 (b)]
Who may adopt (1) Any Filipino citizen;
(2) Any alien possessing the same An alien or Filipino citizen permanently
qualifications for Filipino nationals; residing abroad [Sec. 9]
(3) The guardian with respect to the
ward [Sec. 7]
Qualifications Filipino Citizen (a) At least twenty-seven (27) years of
(a) Legal age, in possession of full civil
age and at least sixteen (16) years older
capacity and legal rights; than the child tobe adopted, at the time
(b) Of good moral character, has not of application, unless the adopter is the
been convicted of any crime involving parent by nature of the child to be
moral turpitude; adopted or the spouse of such parent;
(c) Emotionally and psychologically (b) If married, his/her spouse must
capable of caring for children; jointly file for the adoption;
(d) At least sixteen (16) years older (c) Has the capacity to act and assume all
than the adoptee (waived when rights and responsibilities of parental
adopter is the biological parent of the authority under his national laws, and
adoptee, or is the spouse of the has undergone the
adoptees parent) [Sec. 7(a)] appropriate counseling from an
accredited counselor in his/her country;
Alien (d) Has not been convicted of a crime
(a) Same as qualifications of Filipino involving moral turpitude;
citizens; and (e) Eligible to adopt under his/her
(b) His/her country has diplomatic national law;
relations with the Republic of the (f) In a position to provide the proper
Philippines; care and support and to give the
(c) Has been living in the Philippines necessary moral values and example to
for at least 3 continuous years prior to all his children, including the child to be
filing of application adopted;
and maintains such residence until (g) Agrees to uphold the basic rights of
adoption decree is entered; the child as embodied under Philippine
(d) Has been certified by his/her laws, the U.N. Convention on the Rights
FESTIN, GEMY LITO. Special Proceedings. 2015. Quezon City: REX Book Store.
Page 1 of 4
 diplomatic/consular office or any of the Child, and to
appropriate government agency that abide by the rules and regulations issued
he/she has legal capacity to adopt in to implement the provisions of this Act;
his/her country; (h) Comes from a country with whom
(e) His/her government allows the the Philippines has diplomatic relations
adoptee to and whose government maintains a
enter the country as his/her adopted similarly authorizedand accredited
child. agency and that adoption is allowed
under his/her national laws; and
NOTE: Residency and certification of (i) Possesses all the qualifications and
qualification may be waived if: none of the disqualifications provided
(i) Former Filipino citizen who seeks to herein and in other applicable Philippine
adopt a relative within the 4th degree laws. [Sec. 9]
of consanguinity or affinity; or
(ii) One who seeks to adopt legitimate
child 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
4th degree of consanguinity or affinity
of the Filipino spouse. [Sec. 7(b)]
Who may be (a) Any person below 18 years of age
adopted who has been administratively or Only a legally free child may be the
judicially declared available subject of intercountry adoption.
for adoption; [Sec 8]
(b) The legitimate son/daughter of
one spouse by the other spouse; Legally-free child means a child who has
(c) An illegitimate son/daughter by a been voluntarily or involuntarily
qualified adopter to improve his/her committed to the Department, in
status to that of legitimacy; accordance with the Child and
(d) A person of legal age if, prior to Youth Welfare Code. [Sec. 3(f)]
adoption, said person has been
consistently considered and treated
by the adopter(s) as his/her own
childsince minority;
(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 6
months from time of death of said
parents.
[Sec. 8]
Where to file (a) Philippine Regional Trial Court having
application Family Court of the place where jurisdiction over the child, or
adopter resides (b) Inter-Country Adoption Board,
through an intermediate agency,

FESTIN, GEMY LITO. Special Proceedings. 2015. Quezon City: REX Book Store.
Page 2 of 4
 whether governmental or an authorized
and accredited agency, in the country of
the prospective adoptive parents
[Sec. 10]
What the petition May include prayer for change of
for adoption may name, rectification of simulated birth Only petition for adoption
include or declaration that the child is
foundling, abandoned, dependent or
neglected child
RA 8552 does not provide for any
annexes but Sec 11 of Application must be supported by the
AM 02-6-02-SC Rule on following documents (written and
Domestic and Intercountry Adoption, officially translated in
requires the following to be annexed English):
to the petition:
(a) Birth certificate of applicant(s);
(a) Birth, baptismal or foundling (b) Marriage contract, if married, and
certificate, as the case may be, and divorcedecree, if applicable;
school records showing the name, age (c) Written consent of their biological or
and residence of the adoptee; adoptive children above ten (10) years
of age, in the form
(b) Affidavit of consent of the of sworn statement;
following: (d) Physical, medical and psychological
(i) The adoptee, if ten (10) years of age evaluation by a duly licensed physician
or over; and psychologist;
(ii) The biological parents of the child, (e) Income tax returns or any document
if known, or the legal guardian or the showing the financial capability of the
child-placement applicant(s);
agency, child-caring agency, or the (f) Police clearance of applicant(s);
proper government instrumentality (g) Character reference from the local
which has legal custody of the child; church/minister, the applicant's
(iii) The legitimate and adopted employer and a member of the
children of the adopter and of the immediate community who have
adoptee, if any, who are known the applicant(s) for at least five
ten (10) years of age or over; (5) years; and
(iv) The illegitimate children of the (h) Recent postcard-size pictures of the
adopter living with him who are ten applicant(s) and his immediate family
(10) years of age or over; [Sec. 10]
(v) The spouse, if any, of the adopter
or adoptee.

(c) Child study report on the adoptee

and his
biological parents;

(d) If the petitioner is an alien,

certification by his diplomatic or

FESTIN, GEMY LITO. Special Proceedings. 2015. Quezon City: REX Book Store.
Page 3 of 4
 consular office or any appropriate
government agency that he has the
legal capacity to adopt in his country
and that his country and that his
government allows to
adoptee to enter his country as his
own adopted child unless exempted
under Section 4 (2);

(e) Home study report on the

adopters. If the adopter is an alien or
residing abroad but qualified to adopt,
the home study report by a
foreign adoption agency duly
accredited by the Inter-Country
Adoption Board; and

(f) Decree of annulment, nullity or

legal separation
of the adopter as well as that of his
biological
parents of the adoptee, if any.
Publication Petition must be published at least
once a week for 3 consecutive weeks No publication requirement.
in a newspaper of general circulation
in the province or city where the court
is situated;

Rescission of adoption is no longer

allowed.
For at least six (6) months within
which the parties are expected to Trial period for 6 months in country of
adjust psychologically and emotionally adopter for at least 6 months;
to each other and establish a bonding Only after lapse of period shall a decree
relationship. During said period, of adoption be issued.
temporary parental authority shall be [Sec. 14]
vested in the adopter(s).

Period may be reduced by court if in

the best interest of adoptee.
[Sec 12]
Penalties Any govt official, employee or
functionary who shall be found guilty Same [Sec. 17]
of violating any of the provisions shall
automatically suffer suspension until
resolution of the case.

FESTIN, GEMY LITO. Special Proceedings. 2015. Quezon City: REX Book Store.
Page 4 of 4