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Inter-Country Adoption

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PRE-APPLICATION PHASE:

 There is a need to first determine if the child being sought for


adoption by the Prospective Adoptive Parents (PAPs) is eligible for
inter-country adoption. The process of establishing the eligibility of
the child is undertaken by the Department of Social Welfare and
Development (DSWD). 

 The agency will conduct the child study as well as facilitate the
submission of the required supporting documents. To better enable
the ICAB to refer the child’s case to the DSWD, the prospective
adoptive parents are required to accomplish and submit the
Questionnaire for Relative Adoption Applicants (QRAA) including its
required attachments to the Central Authority (CA) or ICAB
accredited Foreign Adoption Agency (FAA) in their country of
residence. 

 The CA/FAA shall endorse to ICAB the completed QRAA with the
agency’s assessment and recommendation on the prospective
adoptive parents.

 The PAPs should indicate the complete name, current address and
any contact numbers (telephone/e-mail address) of the child and the
guardian/s or custodian/s in the Philippines. This form can be
downloaded from the ICAB’s website: icab.gov.ph

 The eligibility assessment period of the child may take 3-6 months
from the time the ICAB referred the case of the child to the DSWD.

 Should the DSWD determine the child’s proposed adoption by


relatives abroad redound to his/her best welfare and interests, the
DSWD will prepare and endorse officially the Child Study Report and
supporting documents to the ICAB.

Application Phase: 

 Simultaneously with the eligibility assessment being done on the


prospective adoptive child by the DSWD, the PAPs must contact any
of ICAB’s accredited Foreign Adoption Agency (FAA) or Central
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Authority (CA) in the Country/State/Province/Territory where the
PAPs reside.

 The list of CAs/FAA/Government Adoption Agency (GAA) is available


in the ICAB’s website.

 The CA/FAA/GAA will not only assess the PAPs capability, eligibility,
and suitability via the undertaking of the Home Study Report but also
facilitate the official endorsement of the adoption application, required
supporting documents and application fee to the ICAB.

 Once the child’s and PAPs dossier are received by the ICAB, the
social worker in-charge or assigned to the case will undertake the
needed complete staff work.

 Review/assess and evaluate both the child’s and PAPs dossier based
on the requirements of the ICA Law as well as the existing guidelines
of the Board. If there are some lacking pieces of information and/or
supporting documents on either or both parties (child/PAPs), a
request will be made to the concerned DSWD Field Office or CA/FAA
respectively.

 If the information and documents are complete and substantive, the


ICAB social worker will evaluate the case and come up with
recommendation/s for the Board’s disposition.

 The ICAB social worker will inform the DSWD Field Office and the
CA/FAA on the action taken by the Board on the proposed adoptive
placement (i.e. approval, disapproval or deferment).

 In cases of disapproval, the PAPs are given the chance to appeal for
the Board’s consideration of their decision. They should provide the
Board with sufficient grounds for their appeal.

Pre-Placement Phase:
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 In cases of approved adoptive placements, the PAPs through their


CA/FAA are required to pay the processing fee and pre-travel fees
quoted in the notice of approval so that the ICAB Secretariat could
start processing the child’s/ren’s travel documents (i.e. Birth
Certificate in security Paper(SECPA) of the National Statistics Office
(NSO), passport, visa medical (if applicable), visa picture, visa fee,
Commission on Filipino Overseas (CFO), Department of Tourism
(DOT), etc.)

 The processing time varies from one country to another. There are
countries that do not require visa medical examinations and visa
interviews.

Placement Phase:

 Upon completion of the child’s travel documents, the ICAB sends the
Notice of Travel to the PAPs through the CA/FAA for the PAPs
scheduling of their travel/trip to the Philippines to fetch the child.

 The ICAB must be informed of the PAPs travel itinerary/travel dates


to the Philippines.

 Upon arrival in the Philippines, the PAPs must contact the ICAB for
the schedule of the Pre-Departure Visit (PDV) at the ICAB’s office.

 During the PDV of the child and the PAPs at the ICAB office, all travel
documents of the child are officially turned over/endorsed to the
PAPs. The PAPs may share their initial experiences in caring for the
child or if they have clarifications with the concerned ICAB social
worker.

Post Placement Phase:

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 The Philippine Inter-Country Adoption Law requires a six (6) months
post placement period or trial custody period where three (3) Post
Placement Supervisory Reports along with pictures of the child and
the PAPs (or extended family) must be submitted to the ICAB.

 The third (3rd) or final Post Placement Report (PPR) contains the
recommendation of the CA/FAA that a satisfactory parent-child
relationship has been established and that the adoption can now be
finalized.

 Upon receipt of the (PPR) indicating a mutually, satisfying parent-


child relationship, the ICAB issues the Affidavit of Consent to
Adoption (ACA) executed by the DSWD. The ACA is the document
issued within 30 days after receipt of the 3rd PPR.

 In cases of disruption, please refer to Section 47 of the Amended


Implementing Rules and Regulations of RA 8043.

Adoption Phase:

 Once the adoption has been finalized at the foreign


court/tribunal/administrative office in the country of residence of the
PAPs, the CA/FAA is required to submit to the ICAB a Certified True
Copy of the Adoption Decree/Order and if applicable, the Certificate
of Citizenship.

(NOTE: Regardless of the adoption as a relative category,


adoption MUST be finalized and the Adoption Decree and Citizenship
Certificate endorsed to the ICAB.)

WHO MAY BE ADOPTED

Any Filipino child below fifteen (15) years of age who has been voluntarily
or involuntarily committed to the Department as dependent, abandoned or
neglected may be the subject of inter-country adoption except when:

1. The child is part of a sibling group, where one or more is below 15 years
old;
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2. If the application for adoption of a child was filed before the child reached
the age of 15;

3. Special Home Finding was initiated before the child’s 15th birthday; and

4.  Other situations where the intent to adopt was manifested before the
child reached 15.

In case of relative adoption, a child within the 4th degree of


consanguinity or affinity shall be subject to inter-country
adoption.

Children subject for relative inter-country adoption shall be officially


endorsed by the DSWD Field Office which has jurisdiction over the child
and such endorsement shall serve as the child’s clearance for inter-country
adoption.

A Special Needs child includes:

1. Older children, usually boys 73 months old and above;


2. Sibling group of 3 or more,
3. Children with minor medical conditions (cleft lip, half or total
blindness, hearing impaired)
4. Children with minor developmental delays (language, speech, motor
skills, etc.)
 
 

A child who has been committed to the Department and who may be
available for inter-country adoption shall be endorsed by the Department to
the Board.  The endorsement shall contain a certification by the
Department that all possibilities for adoption of the child in the Philippines
have been exhausted and that inter-country adoption is in the best interests
of the child.  The Inter-Country Adoption Clearance shall be issued by the
DSWD together with the Child Study Report (CSR) and other Supporting
Documents (SDs) shall be endorsed to the Board.

The following documents pertaining to the child shall be attached to the


endorsement:

1. Certification Declaring a Child Legally Available for Adoption


(CDCLAA) – a written certification issued by the Department of Social
Welfare and Development (DSWD) that a child is legally available for
adoption after the fact of abandonment or neglect has been proven

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through the submission of pertinent documents or one who was
voluntarily committed by his/her birthparent/s or legal guardian as a
pre-requisite for adoption proceedings.
2. Child Study and Updated Report prepared at the time of matching
shall include information about the child’s identity, upbringing, ethnic,
religious and cultural backgrounds, social environment, family history,
medical history and special needs;
3. Security Paper (SECPA) of the Birth or Foundling Certificate;
4. Notarized Deed of Voluntary Commitment executed after the birth of
the child;
5. Certified True Copy of the Death Certificate of child’s birthparent/s, if
applicable;
6. Medical evaluation or history, including that of the child’s biological
parents, if available, and updated medical abstract;
7. Psychological evaluation report, as may be deemed necessary;
8. Child’s own written consent to adoption, if he/she is ten (10) years or
older, witnessed by a social worker of the Child Caring/Placing
Agency and after proper counseling;
9. Most recent whole body size picture of the child. If applicable, any
physical impairment of the child should be visible in the picture.
 
WHO MAY ADOPT

Any adoption applicant interested in adopting a Filipino child/ren (either


relative or non-relative) may contact their nearest Central Authority on
Intercountry Adoption (if Ratifier or State Party to The Hague Convention)
or any ICAB accredited/authorized Foreign Adoption Agency (FAA) of their
country of residence who is responsible for the preparation, conduct and
endorsement of the Home Study Report and Supporting Documents.

Any foreign national or a Filipino citizen permanently residing abroad may


file an adoption application if he/she:

1. Is at least twenty-seven (27) years of age and is at least sixteen (16)


years older than the child to be adopted at the time of the filing of the
application, unless the applicant is the parent by nature of the child to
be adopted or is the spouse of such parent by nature. A maximum of
forty-five (45) years age gap between the adoptive parents and the
adoptive child should be maintained except in cases where the
circumstances will be favorable for the child.

(N.B. Maximum age gap of 45 can be made an exemption on cases of


relative, Special Needs Child-Special Home Finding and step-parent
adoption).

9. Has the capacity to act and assume all the rights and responsibilities
incidental to parental authority under his/her national law;

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10. Married couples who can show stability or relationship. A
minimum of 1 year provided that these PAPS can prove and the
Central Authority (CA) / Foreign Adoption Agency (FAA) can verify
that they have been living together for at least two (2) years prior to
the relationship culminating to marriage.
11. Has undergone appropriate counseling from an accredited
counselor in his/her country;
12. Has not been convicted of a crime involving moral turpitude;
13. Is eligible to adopt under his/her national law;
14. Can provide the proper care and support and give the
necessary moral values and example to the child and, in the proper
case, to all his/her other children;
15. Comes from a country
 With whom the Philippines has diplomatic relations;
 (2) Whose government maintains a foreign adoption agency;
and
 Whose laws allow adoption.
16. Files jointly with his/her spouse, if any, who shall have the
same qualifications and none of the disqualifications to adopt as
prescribed above.

The Home Study Report and Supporting Documents (SDs) must be


attached to the Application and officially endorsed to the Board.  Direct
applications to the ICAB are not possible.

DOCUMENTARY REQUIREMENTS OF APPLICANTS

A. Application Form – an application form prescribed by the Board shall be


accomplished by husband and wife and shall consist of the following:

1. Undertaking under oath signed by the applicants;


2. The Information and Personal Data of the Applicants for Inter-Country
Adoption; and
3. Self-Report Questionnaire (Optional: required only when
Psychological Evaluation is inadequate).
 

B.   Home Study Report to be prepared by the Central Authority or an ICAB


accredited Foreign Adoption Agency.

C.Supporting documents to be attached to the Application shall consist of


the following:

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1. Birth Certificate of the Applicants (in cases of relative adoption, Birth
Certificate of their common ancestry delineating relationship up to the
4th degree of consanguinity or affinity)
2. Marriage Contract of the applicants
3. Decree of Divorce of a previous marriage (ICAB only accepts 2
divorce history of either couple)
4. Written consent to the adoption in the form of a sworn statement by
the biological and/or adopted children of the applicants who are ten
(10) years of age or over
5. Physical and medical evaluation by a duly licensed physician
6. Psychological evaluation by a duly licensed psychiatrist or
psychologist or in some countries, social workers who are sufficiently
trained in clinical psychology as part of the degree requirement in the
field of social work.

(The psychological evaluation remains as a separate document/report from


the Home Study Report. The psychological evaluation should contain the
type of psychometric tests administered to the Prospective Adoptive
Parents (PAPs) as well as the outcome of such tests. It should also contain
among others early childhood experience/s, marital/family relationship and
functioning of the couple, and coping mechanisms in times of crises and
problems inclusive of issues on infertility/childlessness (if applicable),
handling the challenges that adoption brings and the parenting that comes
with it, their capability of handling adjustment issues is elucidated and
commented upon.

The Board recently required the submission of Base Rate for Million
Clinical Multiaxial Inventory III (MCMI-III) and T Scores for Minnesota
Multiphase Personality Inventory 2 Restructured Form (MMPI-2 RF)
instead of the detailed raw scores of the psychological test. However,
Prospective Adoptive Parents who have previously adopted from the
Philippines are covered by Board Resolution 062-54 series of 2011 and are
not required to undergo the above tests.)

7. Latest income tax return or other documents showing the financial


capability of the applicant; Clearances issued by the Police
Department or other proper government agency of the place where
the applicants reside.

(The Clearance should be issued by the police or other proper government


agency involved in the maintenance of peace and order of the place where
the applicants reside.  The clearance should indicate that the applicants
have no criminal record and that they have not been convicted of any crime
of moral turpitude.)

8. Character reference from the


 local church/minister

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 the applicant’s employer
 a member of the immediate community who have known the
applicant(s) for at least five (5) years
9. A Certification from the Department of Justice or other appropriate
government agency that the applicant is qualified to adopt under
his/her national law and that the child to be adopted is allowed to
enter the country for trial custody and reside there permanently;
10. Acceptance letter from the identified designated guardian/s of
the child/ren
11. Special Needs Checklist Recent postcard size pictures of the
applicant, their immediate family members and their home.
 
 
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.

Foreigners who file their petition for adoption in the Philippines under the
Domestic Adoption Act of 1998 or RA 8552, the Court after finding the
petition to be sufficient in form and substance and a proper case for inter-
country adoption, shall immediately transmit the petition to the ICAB for
appropriate action.  The ICAB shall then act on the application following the
procedures described in the Amended Implementing Rules and
Regulations.

Please make sure that:

 All documents must be written and officially translated in English.


 All documents must be officially endorsed by the Central Authority on
Intercountry Adoption or ICAB accredited Foreign Adoption Agency to
the ICAB in the Philippines
 All communications relating to adoption application and/or child
referral shall be transmitted by the Central Authority or by the ICAB
accredited FAA directly to the ICAB.
 All ICAB correspondence/communication shall be transmitted directly
to the concerned Central Authority and/or Foreign Adoption Agency.

All the process for the Philippine Intercountry Adoption (ICA) DOES NOT
require the intervention of a lawyer/attorney either in the Philippines or from
the applicant’s country of residence.

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