BACKGROUND HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION INTER-COUNTRY ADOPTION ACT OF 1995 DOMESTIC ADOPTION ACT OF 1998

PREFERENCE Biological Parents Extended Family Unknown Stranger Domestic Adoption Inter-country Adoption

WHO MAY ADOPT? RA 8552 Filipino citizen or alien residing in the Philippines - of legal age - at least 16 yrs older than adoptee. Not required if: i. Adopter biological parent or sibling of adoptee ii. Adopter is the spouse of adoptee’s parent - capacity to assume rights and duties-> parental authority - good moral character - not convicted of crime involving moral turpitude - in position to support, educate and care children and child to be adopted - undergone pre-adoption services (IRR)

WHO MAY ADOPT? Additional requirements for aliens: - Citizen of state with diplomatic relations with Philippines - Certification from consular/diplomatic office that i. qualified to adopt in his/her country ii. His government will allow adoptee to enter adopter’s country and reside there permanently. - Residency requirement

WHO MAY ADOPT? Exception to Certification and Residency requirement: 1. Former Filipino citizen, adoptee relative within 4 th degree of consanguinity or affinity 2. Adoptee legitimate child of adopter’s spouse 3. Married to Filipino citizen, adopts jointly with spouse a relative within 4 th degree of consanguinity/affinity of Filipino spouse Guardian with respect to ward, after termination of guardianship and clearance of financial accountabilities

WHO MAY ADOPT? RA 8043 Alien of Filipino citizen permanently residing abroad: - at least 27 yrs old and 16 yrs older than child to be adopted, latter requirement not required if applicant is biological parent of child or spouse of biological parent. - capacity to act and assume rights and duties-> parental authority. - not convicted of crime involving moral turpitude - in position to support, educate and care children and child to be adopted - Eligible to adopt under his/her national law

WHO MAY ADOPT? - Comes from country: i. Philippines has diplomatic relations ii. Government maintains foreign adoption agency iii. Laws allow adoption - Undergone appropriate counseling

WHO MAY BE ADOPTED? RA 8552 Person below 18 yrs of age administratively declared available for adoption (RA 9523).** Legitimate child of one spouse by other spouse. Illegitimate child by qualified adopter to improve status of child. Person of legal age provided that prior to adoption, he/she has been consistently treated by adopter as own child since minority. Child whose adopted has previously been rescinded Child whose biological/adoptive parents died

WHO MAY BE ADOPTED? RA 8043 Legally free child – child voluntarily/involuntarily committed to DSWD as dependent, abandoned or neglected.

CHILD LEGALLY AVAILABLE OF ADOPTION Child Voluntary commit child Deed of Voluntary Commitment Unknown Parents Locate Parents LocatedNot Located Keep Child Counseling Reunification Proof Petition Judgment* Certification that Child is Legally Available for Adoption

WHOSE CONSENT IS NECESSARY TO ADOPTION RA 8552 Adoptee, 10 yrs old or over Biological parents (if known) or government instrumentality with legal custody of child Legitimate children of adopter and adoptee, 10 yrs old or over Illegitimate children 10 yrs old or over if living with adopter Adopter’s spouse if adopter seeks to adopt his/her illegitimate child

WHOSE CONSENT IS NECESSARY TO ADOPTION RA 8043 Biological parents (Deed of Voluntary Commitment) Biological or adoptive children 10 yrs old or above of adopter Adoptee’s written consent if 10 yrs old or over (IRR) Affidavit of Consent to the Adoption executed by the DSWD

PROCEDURE RA 8552 Homestudy Report Pre-adoption Services Matching Conference Approval Supervised Trial Custody Hearing Decree of Adoption Application for Adoption Disruption of Pre- Adoptive Placement Another possible placement Temporary Child Care Consent for Adoption Petition for Adoption

PROCEDURE RA 8043 Homestudy Report Pre-adoption Services Application for Adoption Endorsement of Child for Inter-country Adoption Matching Pre-adoptive Placement Consent to Adoption Disruption of Pre- Adoptive Placement Another possible placement Temporary Child Care Approval by Board Placement Authority Child’s repatriation Petition for Adoption Decree of Adoption

EFFECTS OF ADOPTION RA 8552 and 8043 All legal ties between biological parents and adoptee will be severed. Adoptee deemed legitimate child of adopter. Reciprocal rights and obligations of adopter and adoptee as parent and child.

GROUNDS FOR RESCISSION OF ADOPTION Only provided in RA 8552 Upon petition of adoptee with assistance of DWSD (if minor or over 18 yrs old but incapacitated) Adoption may be rescinded if any of these grounds are committed by adopter: - repeated physical and verbal maltreatment despite having undergone counseling; - attempt on life of adoptee - sexualt assault of violence - abandonment

EFFECTS OF RESCISSION Restoration of parental authority of the biological parent(s) or legal custody of the DSWD. Cancellation of amended certificate, Restoration of original birth certificate Succession rights reverted to status prior to adoption

VIOLATIONS AND PENALTIES RA ) Vitiated Consent 2) Non-compliance with procedures & safeguards 3) Subjecting child to be adopted to danger, abuse, or explotation 1-3 Penalty: 6yrs and 1 day to 12 yrs and/or fine of 50K- 200K 4) Simulation of Birth Penalty: 6mos to 2 yrs and fine not exceeding 50K

VIOLATIONS AND PENALTIES 5) Violation of Confidentiality requirement Penalty: 1yr and 1 day to 2 yrs and/or fine of 5K-10K Attempt to commit any of the acts, Penalty: 2 degrees lower. Committed by Syndicate (3 or more persons) or involves 2 or more children Offense: Child Trafficking Penalty: Reclusion Perpetua Offender is an Alien. Additional penalty: deportation after service of sentence & perpetual exclusion from entry to Philippines. Offender is Government official or employee. Additional penalty: penalties prescribed under civil service laws etc.

VIOLATIONS AND PENALTIES RA ) Conduct of illegal adoption - vitiated consent - no authority from Board - non-compliance with procedures and safeguards - subjecting child to be adopted to danger, abuse and exploitation Penalty: 6yrs and 1 day to 12 yrs and/or fine of 50K-200K 2) Violation of Confidentiality requirement Penalty: 1yr and 1 day to 2 yrs and/or fine of 5K-10K

VIOLATIONS AND PENALTIES Committed by Syndicate (3 or more persons) or involves 2 or more children Offense: Child Trafficking Penalty: Reclusion Perpetua Offender is Government official or employee. Additional penalty: penalties prescribed under civil service laws etc.

RECTIFICATION OF SIMULATED BIRTHS Person simulated birth of child prior to effectivity of RA 8552 Initiate proceedings within 5 yrs from effectivity of RA 8552 Simulation for best interest child Child consistently treated as his/her own son/daughter Child Study and Home Study Reports Deed of Voluntary Commitment or Judicial Declaration of Abandonment

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