DISTINCTIVE CHARACTERISTICS
OF THE PHILIPPINE
INTERCOUNTRY ADOPTION
PROCESS
4TH Asia Pacific Regional Conference of the HccH
26 October 2011
Mandarin Oriental Hotel
Manila, Philippines
Background

29 May 1993 Signing of the ‘93 Convention

7 June 1995 Philippine Congress passes RA 8043 (Intercountry
Adoption Act of 1995)


26 December 1995 – The Implementing Rules and Regulations on
RA 8043 are passed.
8 January 2004 – Amendment of the Implementing Rules and
Regulations

2 July 1996 Deposit of the Instrument of Ratification

1 November 1996 Entry into force of the ‘93 Convention
Principle of Subsidiarity
Community
Child Caring Agencies
DSWD issuance of Certificate of
Adoptability RA 9523
Central Local Matching at DSWD
Matched
Domestic
Adoption
RA 8552
Unmatched
Issuance of
Clearance for Intercountry Adoption
and endorsement to
ICAB
RA 9523
Requirements for the issuance of Certificate that child
is legally available for adoption
1. Social Case Study Report
2. Proof of efforts to locate parents
a. Written certification of media of the airing
on three different occasions
b. Publication in a newspaper of general
circulation
c. Returned registered mail to the last known
address of parents/relatives
3. Birth certificate
4. Recent photograph of child upon admission to
agency
RA 8552
Who may adopt
• Any alien possessing the following qualifications:
•In possession of full civil capacity
•Good moral character
•Not convicted of any crime involving moral turpitude
•Emotionally capable
•16 years older than adoptee
•Financial capacity
•Country has diplomatic relations with the Philippines
Requirements waived for relative adoptions within the 4th
degree:
• Living in the Philippines for 3 continuous years prior to filing and
maintains residence until adoption decree is entered
• Certified by diplomatic/consular/appropriate government agency of
• legal capacity to adopt
• adoptee may enter country as an adopted son/daughter
Gap in RA 8043
• ICAB law grants jurisdiction to ICAB to place
children fifteen (15) years and below only
• Children aged 15 to 18 must go to the regular
courts for adoption
DSWD Issues ICA
Clearance
Dossier of Child
forwarded to ICAB
ICAB Secretariat Reviews &
Assesses Suitability and Eligibility
for Inclusion in Roster of Cleared
Children (ROCC) and Roster of
Children for Matching (ROCM)
If info/data
complete/substa
ntive - Inclusion
of Child/ren in
ROCM
ICAB Secretariat
Notifies CCA on PreMatching/Matching
Conference Schedule
If info/data
incomplete/nonsubstantive: Inclusion
in ROCC but request
additional info
Upon completion
of requested
additional info,
inclusion in ROCM
Screening of Adoptive Parents
Applications
received
By ICAB
ICAB screens Applications
from Appropriate Central
Authority/Phil. Accredited FAA
Applications
Received from
Other Sources
Review of Home Study Report
& Supporting Documents
(Secretariat and ICPC)
Elevation to ICA Board for approval
PAPs’ dossier
Deferment of
Approval by ICAB
(Awaiting additional
Info/SDs)
CA/FAA Submits
Additional Info/SDs
Approval by ICAB
ENTRY TO
ROSTER OF
APPROVED
APLLICANTS
(RAA)
Disapproval
by ICAB
Dossier Returned
to CA/ FAA
8
Composition of the Board
Secretary of the DSWD Corazon Juliano Soliman is the
Ex-officio chairperson of the ICAB and has
designated Undersecretary Alicia Bala as the Alternate
Chairperson
Psychiatrist:
Aida L. Muncada, MD
Lawyer:
Atty. Maria Cielo
Rondain
Social Work
Representative:
Prof. Lyra del Castillo
NGO
Representatives:
Sr. Maria Socorro
Evidente, DC
Lawyer:
Rafael Tinio
Atty. Noel del Prado
9
ICAB Flowchart
Child cleared for
ICA
Approved PAPs
Secretariat &
INTERCOUNTRY
PLACEMENT
COMMITTEE
Matching Conferences
Issuance of
Affidavit of
Consent to
Adoption &
Finalization of
Adoption
Post Legal
Adoption Services
(Motherland Tour,
Search & Reunion)
6 mo. Trial custody
Period – 3 Post
Placement Reports
Action of
the Board:
Approval/
Disapproval
Accept: Issue
PLACEMENT
AUTHORITY and
Disapproval –
notify CCA;
rematching
Approval – notify
CCA/ endorse
Matching
Proposal to FAA
Process Travel Documents
Not Accepted:
notify CCA; for
endorsement to
2nd PAP if
available or
rematching
Acceptance/
Nonacceptance
10
POST ADOPTION
 Motherland Tour
 Request for Information
 Search and Reunion
 Of legal age as defined by receiving country
 Emotional maturity
 Exception: emotional well being
Authorization of Foreign
Partners
 License to operate an adoption agency
With authority to process international
adoptions
Has a proven track record of at least five (5)
years
Governing board and administrative staff –
competent and responsible child welfare
oriented leaders
Audited financial statements of at least the past
three (3) years
A physical office
RE-ACCREDITATION/
AUTHORIZATION OF FOREIGN
PARTNERS
 Compliance with requests to temper quality
and number of applications sent
 Disruptive placements
 Timely submission of reports
 Capacity and willingness to place children with
special needs
 Children with disabilities
 Negative background
 Abused
 From incestuous relations
 Older Children 9 to 18 years
LIAISON AGENCIES
 Local presence not required
 Duties:
 Assists in securing additional information and documents prior
to matching
 Endorsement of documents
 Assists in transfer of children from provinces
 Assists in emotional and psychological preparation of children
 Facilitation/coordination in the adoptive parents travel itinerary
 Assists in the family orientation on the childs habits and
preferences
 Accompany family for entrustment
 Report any problems encountered to ICAB
 Ensure the regular submission of post placement reports,
decree of adoption and naturalization
 Assists in post adoption programs and services
Cooperation between Central
Authorities and Partners:
• Necessary to regulate the number and quality of
applications sent to countries of origin
•
Prevention of trafficking
•
Cooperative nature of convention requires
close cooperation
Thank you.