June
7, 1995
AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER PURPOSES.
ARTICLE I
GENERAL PROVISIONS
Sec. 1. Short Title. - This Act shall be known as
the "Inter-Country 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 a family that will provide such child with love and care as well as
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 inter-country 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 inter-country adoptions are allowed when the
same shall prove beneficial to the child's best interests, and shall serve and
protect his/her fundamental rights. cdt
Sec. 3. Definition of Terms. - As used in this Act.
the term:
a) Inter-country adoption refers to the
socio-legal process of adopting a Filipino child by a foreigner or a Filipino
citizen permanently residing abroad where the petition is filed, 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. acd
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) Legally-free 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 parent-child relationship.
h) Board refers to the Inter-country
Adoption Board.
ARTICLE II
THE INTER-COUNTRY
ADOPTION BOARD
Sec. 4. The Inter-Country 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 inter-country
adoption. It shall act as the
policy-making body for purposes of carrying out the provisions of this Act, in
consultation and coordination with the Department, the different child-care and
placement agencies, adoptive agencies, as well as non-governmental
organizations engaged in child-care 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, follow up, 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 post-legal adoption;
cd i
f) License and accredit
child-caring/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 child-caring 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 ex officio 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 non-governmental organizations engaged in child-caring and placement
activities. The members of the Board
shall receive a per diem allowance of One thousand five hundred pesos (P1,500)
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 the child-caring, placement, and adoption;
b) to set the guidelines for the
convening of an Inter-country 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 of 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 inter-country adoption;
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 post-legal adoption services, cd
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
inter-country 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 the
adoptive parents at all times;
k) to prepare, review or modify, and
thereafter, recommend to the Department of Foreign Affairs, Memoranda of Agreement
respecting inter-country adoption consistent with the implementation of this
Act and its stated goals, entered into, between and among foreign governments,
international organizations and recognized international non-governmental
organizations;
l) to assist other concerned agencies
and the 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 inter-country adoption as may be determined by the
President.
ARTICLE III
PROCEDURE
Sec. 7. Inter-Country 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 inter-country 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
inter-country 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: cdasia
a) Child study;
b) Birth certificate/foundling
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. - An alien or a Filipino
citizen permanently residing abroad may file an application for inter-country
adoption of a Filipino child if he/she:
a) is at least twenty-seven (27) years of
age and at least sixteen (16) years older than the child to be adopted, at the
time of application unless the adoptor 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 counseling from an accredited counselor in
his/her country;
d) has not been convicted of a crime
involving moral turpitude;
e) is eligible to adopt under his/her
national 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 filed 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. cdasia
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 adoptive 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 postcard-size pictures of the
applicant(s) and his immediate family;
The Rules of Court
shall apply in case of adoption by judicial proceedings.
Sec. 11. Family Selection/Matching. - No child shall be
matched to a foreign adoptive family unless it is satisfactorily shown that the
child cannot be adopted locally. The
clearance, as issued by the Board, with the copy of the minutes of the
meetings, shall form part of the records of the child to be adopted. When the Board is ready to transmit the
Placement Authority to the authorized and accredited inter-country adoption
agency and all the travel documents of the child are ready, the adoptive
parents, or any one of them, shall personally fetch the child in the
Philippines.
Sec. 12. Pre-adoptive Placement Costs. - The
applicant(s) shall bear the following costs incidental to the placement of the
child;
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 inter-country
adoption and to support the activities of the Board.
Sec. 14. Supervision of Trial Custody. - The
governmental agency or the authorized and accredited agency in the country of
the adoptive parents which filed the application for inter-country adoption
shall be responsible for the trial custody and the care of the child. It shall also provide family counseling and
other related services. The trial
custody shall be for a period of six (6) months from the time of
placement. Only after the lapse of the
period of trial custody shall a decree of adoption be issued in the said
country a copy of which shall be sent to the Board to form part of the records
of the child.
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. aisa dc
The Department of
Foreign Affairs shall set up a system by which Filipino children sent abroad
for trial custody are monitored and checked as reported by the authorized and
accredited inter-country adoption agency as well as the repatriation to the
Philippines of a Filipino child whose adoption has not been approved.
Sec. 15. Executive Agreements. - The Department of
Foreign Affairs, upon representation of the Board, shall cause the preparation
of Executive Agreements with countries of the foreign adoption agencies to
ensure the legitimate concurrence of said countries in upholding the safeguards
provided by this Act.
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. cdasia
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 above-prescribed 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. 18. Implementing Rules and Regulations. - The Inter-country Adoption Board, in coordination with the Council for the Welfare of Children, the Department of Foreign Affairs, and the Department of Justice, after due consultation with agencies involved in child-care and placement, shall promulgate the necessary rules and regulations to implement the provisions of this Act within six (6) months after its effectivity.
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. 20. Separability Clause. - If any provision, or
part hereof is held invalid or unconstitutional, the remainder of the law or
the provision not otherwise affected, shall remain valid and subsisting. cd i5
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, June 7, 1995.