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THE HAGUE CONVENTION OF 1993 in

the Philippine context
,

CONTENT
Background/History of the Hague Conference
on Private International Law
Purpose and Principles of the 93
Convention
Intercountry adoption process
Challenges in the ICA

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HISTORY OF THE HAGUE CONFERENCE

1893 The Hague Conference started as an adhoc conference in at the

Hague and is currently an Inter-governmental organization working for
the progressive unification of the laws of private international law.

1951 A statute was adopted to establish the permanent bureau as a

secretariat

76 states parties and 1 Regional Economic Integration

http://www.hcch.net/index_en.php?act=states.listing

History of the 93 convention

Concluded : 29 May 1993
Entered into Force: 1 May
1995
93 contracting parties as of 6
January 2014

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innovations of the hcch as it applies to the

93 convention
Concept of Habitual
Residence
Jurisdiction
Co-operation among Central
Authorities

Purpose of convention of 93
Set minimum standards for child protection
Sets a legal framework for co-operation between Central
Authorities of State of Origin and receiving states.
Prevent: abduction, sale, traffic of children, remove
abuses in intercountry adoptions
Ensure the automatic recognition of Convention
Adoption in receiving state.

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Principle of subsidiarity (Philippine setting)

Community
Child Caring Agencies (Orphanage)
(Domestic Permanency Planning)
DSWD issues Certificate of Adoptability under RA 9523

Local Matching at DSWD

Matched- proceed to Domestic Adoption under RA 8552
Matched- proceed to
Domestic Adoption (RA
8552)

Unmatched Issuance of
Clearance for Intercountry Adoption
and referral to ICAB (RA8043)

Underlying Principle for the Convention and

Demand for Proper Documentation and
Processing
Success of
placement
Emotional and
psychological
well being

Best interest

The child

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Crucial role of the child study report/judicial

decisions/PLEADINGS in the success of
placement

For child/rens well being

An adopted child is a grieving child
Until they reach a certain level of maturity, they are
unable to understand negative statements in their
file/pleadings

For PAPs better understanding and care of the

child (Child Study Report)
Details on the way to ensure a positive bond between the
PAPs and the child must be clearly stated in the report

Basic Requirements for inclusion in intercountry

adoption program
Veracity and Logical Report

The Child Should include data to allow family insight into how to
Study Report care for the specific needs of the child
Specify the
kind of
Child/ren
submitted for
adoption

Abandoned Court Declared

Ward of the State (with DVC)
Declared Abandoned under RA 9523

Medical Records
Principle of
Subsidiarity

Immunization record
Psychological assessment if over 5 years of age
General health/specific illness

All efforts undertaken for child to stay with family

Matching with local families

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RA 9523 MANDATORY prerequisite to adoption

domestic or intercountry

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.
b.
c.

3.
4.

Written certification of media of the airing on three different occasions

Publication in a newspaper of general circulation
Returned registered mail to the last known address of parents/relatives

Birth certificate
Recent photograph of child upon admission to agency

When not required (IRR V3):

Adoption of an illegitimate child by biological parent/s

Adoption of a child by his/her step-parent
Adoption of a child by a relative within the 4th degree of consanguinity or affinity.

RA 8552 (Domestic Adoption Law, 1998)

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

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RA 8552 Who May Adopt

(additional requirements for aliens)

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

ADMINISTRATIVE MATTER 02-6-02-sc

rule on adoption, August 22, 2002

Section 28. Where to File Petition (intercountry adoption).- A verified

petition to adopt a Filipino Child may be filed by a foreign
national or Filipino citizen permanently residing abroad
with the Family Court having jurisdiction over the place
where the child resides or may be found. It may be filed
directly with the Inter-Country adoption board.
Section 32. Duty of Court.- The court, after finding that the
petition is sufficient in form and substance and a proper
case for inter-country adoption, shall immediately transmit
the petition to the Inter-Country Adoption Board for
appropriate action.

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Case: Republic vs Vergara (1997)

The court revoked a decision of the RTC Zambales allowing an
older sister (alien/former Filipino) who petitioned the court to
adopt her siblings before the domestic court PAP was within the
16 year age gap (therefore against the RA 8552 provision that
requires a 16 year gap between adoptee and adoptor the court,
also ruled on the fact that female PAP was not a Filipino citizen
pronounced:
We are not unmindful of the main purpose of adoption xxx
the promotion of the welfare of the children. Xxx Regretably, the
Courts is not in a position to affirm the trial courts decision
favoring adoption xxx for the law is clear and it cannot be modified
without violating the proscription against judicial legislation.xxx

Office of the Court administrator of the Supreme

Court (OCA) Circular No. 10-2014
On the filing of petitions for domestic adoptions by
foreigners, former Filipinos including dual citizens:

xxx The practice of filing petitions for adoption under

the Domestic Adotpion Act is discouraged xxx as there
may be unanticipated situations that may prevent the
prospective adopted parents from bringing the
adopted child to the country where they reside. This
would be inimical to the well-being and best interest of
the child.xxx

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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 (if able to
comply with the requirements of residency
etc. and allowed by the receiving state)

Composition of the Board

Secretary of the DSWD Corazon Juliano Soliman is the
Ex-officio chairperson of the ICAB and has designated
Undersecretary Parisya H. Taradji as the Alternate
Chairperson

Antonia C. Siy

Social Work
Rep:

Lawyer:

Psychologist:

Atty. Ma. Gabriela R.

Concepcion

Rosario B. Dela Rosa

NGO
Representatives:

Lawyer:

Ma. Teresa R. Nuqui

Atty. Eric Remegio O.

Panga

Maria Carolina Legarda

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ICAB FLOWCHART
Child cleared for
ICA

Secretariat &

INTERCOUNTRY
PLACEMENT
COMMITTEE

Approved PAPs

Matching Conferences

Issuance of
Affidavit of
Consent to
Adoption &
Finalization of
Adoption

6 mo. Trial custody

Period 3 Post
Placement Reports

Post Legal
Adoption Services
(Motherland Tour,
Search & Reunion)

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

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PROGRAMS FOR
WAITING CHILDREN OR
SPECIAL NEEDS CHILDREN

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18-19% of children cleared for inter-country adoption

annually are categorized as requiring special
needs.
Children Cleared
1%
13%

Reg

15%

SNC

63%

18%

Rel
IP
RLA

Reg Regular
SNC- Special Need
Rel- Relative

IP- Independent Placement

RLA- Ratified Local Adoption

Special Needs Children

with minor to major developmental delays

handicapped
has behavioral and/or emotional problems,
older children (6 years old and above)
sibling groups of older children
sexually or physically abused
with serious illness or global delays

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ICAB Programs that advocate for the

placement of Special Home Finding
Children

Special Home Finding Program

Hosting Program
Adoption Ambassador Program

POST ADOPTION

Motherland Tour
Request for Information
Search and Reunion

Of legal age as defined by receiving

country
Emotional maturity

Exception: emotional well being

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Challenges in inter-country adoption:

Limited number of children cleared for inter-

country adoption as against a large number of

adoptive families waiting for a match.
Lack of information in the description of a child
and lack of documents (e.g. significant
information are not included in the childs
documents).

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Cont....

Circumvention of the inter-country adoption law.

Bringing a child abroad using visitors visa and

then attempting to adopt the child when child has
developed bonding with PAPs.

Pre-identification of unrelated child for adoption

Pursuing domestic adoption by couples with dual

citizenship but have habitual residency abroad

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How the challenges are being addressed:

Continuous provision of training orientation on

inter-country adoption

Strong coordination with SWATO on cases of

children for inter-country adoption

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Thank you!

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