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Those eligible to adopt through inter-country adoption law

The following are the requirements:

Residency:

1. Any alien or a Filipino citizen permanently residing abroad may file an application for inter-
country adoption of a Filipino child.
2. 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.
Age Requirement

1. The applicant couple is at least twenty-seven (27) years old at the time of application.
2. The applicant couple has a minimum age gap of 16 years and/or a maximum of 47 years age gap.
Marital Status

1. The applicant couple should be legally married for a minimum of three (3) years.
2. If married, they should jointly file for the adoption.
3. If any one of the spouse applicant has a history of divorce, the second or current marriage should
have completed a minimum of five (5) years upon filing of the application.
Single applicants shall not be refused as prospective adoptive applicants. However, they shall be
informed that they have a lower priority in being matched with children unless matched with a special
needs child (older or sibling group)

Body to file the application

The application shall be filed and officially endorsed to the INTER-COUNTRY ADOPTION BOARD (ICAB)
through the Receiving Country’s Central Authority on Inter-Country Adoption or an ICAB accredited
Foreign Adoption Agency in the place of residence of the applicant couple. Any applicant interested
in adopting a Filipino child/ren (either relative or non-relative) may contact the nearest Central
Authority on Inter-Country Adoption of their country (if Ratifier or State Party to The Hague
Convention) or any ICAB accredited Foreign Adoption Agency who is responsible in these Prospective
Adoptive Parents preparation and conduct of their Home Study Report.

Waiting period

The approximate waiting period for a child after the PAPs’ application has been approved by the Board
is a minimum of three (3) months to a maximum of one (1) year, depending on the child preference of
the adoption applicants.

Children available for Inter-Country Adoption


Children available for Inter-Country adoption placement are those who cannot be placed with an
adoptive family in the Philippines.(For relative adoption – only up to the 4th degree of consanguinity).
Such as:

 All children have to be cleared for Inter-Country adoption by the Competent Authority –
Programs and Projects Bureau of the Department of Social Welfare and Development (PPB
DSWD)-Central Office.
 Children of either sex are usually available but there may be longer waiting period for girls
because of the Filipino culture whereby families hold on to their daughters since they are
generally more submissive, less difficult to parent and can be relied upon to care for their family
of origin even until parental senescence occurs.
 The allowable age of Filipino children for Inter-Country Adoption (ICA) is below 15 years old. A
child who is above 15 years old may be processed for ICA when the following circumstances
prevail:

1. If the application for adoption of a child was filed (in cases of relative adoption) before the child
reached the age of 15;
2. Special Home Finding was initiated before the child’s 15th birthday; and other situations where
the intent to adopt was manifested before the child reached 15.
3. The general ages of children cleared for Inter-Country adoption usually range from 6 months to
10 years old. Special Needs or Hard to Place children include older children (usually boys or girls
age 6 to 15 years old)

Documentary requirements

The following are the documents required:

1. Home Study Report


2. Undertaking of the Couple made under oath
3. Information and Personal Data Application
4. Birth Certificate of the Couple (if adopting a relative: Birth Certificate of their common ancestry
delineating relationship up to the 4th degree of consanguinity)
5. Marriage Contract
6. Divorce Decree (if applicable)
7. Physical and Medical Evaluation
8. Psychological Evaluation by a duly licensed psychiatrist or psychologist.
9. Written Consent to Adoption by the biological and/or adopted children who are 10 years of age
or over witnessed by the social worker after proper counseling, in the form of a sworn statement.
10. Character Reference from (a) Local Church Minister or Priest; (b)Employer; (c) Members of the
immediate community (who have all known the applicants for at least 5 years).
11. Latest Income Tax Return or any other documents showing the financial capability of the
applicant.
12. Clearance issued by the police or the proper government agency of the place where the applicant
resides.
13. Certification from the Justice Department or other appropriate government agency of the
applicant’s country that the applicant is qualified to adopt under their national law and that the
child to be adopted is allowed to enter the country for trial custody and to reside there
permanently once adopted.
14. Recent post card size pictures of the applicant, his immediate family and their home/community
15. Special Needs Checklist
16. Self-Report Questionnaire (this is optional)
Note that all documents must be written, officially translated in English and 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/s and/or child referral
shall be transmitted by the Central Authority or by the ICAB accredited Foreign Adoption Agency
directly to the ICAB. Likewise, all ICAB correspondence/communications shall be transmitted directly
to the concerned Central Authority and/or the Foreign Adoption Agency.

Procedure

Where to file application: Either in (a) Family Court having jurisdiction over the place where the
child resides or may be found, or (b) Inter-Country Adoption Board (ICAB) through an intermediate
agency, whether governmental or an authorized and accredited agency, in the country of the
prospective adoptive parents.

After filing:

a) if filed in the FC, court determines sufficiency of petition in respect to form and substance, after
which, petition is transmitted to ICAB;

b) if petition is already with ICAB, it conducts matching of the applicant with an adoptive child;

c) after matchmaking, the child is personally fetched by the applicant for the trial custody which
takes place outside of the Philippines.
Supervised Trial Custody:

a) This process takes place outside of the country and under the supervision of the foreign adoption
agency;

b) For a period of 6 months;

c) If unsuccessful, ICAB shall look for another prospective applicant. Repatriation of the child is to
be resorted only as a last resort;

d) If successful, ICAB transmits a written consent for the adoption to be executed by the DSWD, and
the applicant then files a petition for adoption in his/her country.

Decree of Adoption: Issued by a foreign court.

Consent Required

1) Written consent of biological or adopted children above 10 years of age, in the form of sworn
statement is required to be attached to the application to be filed with the FC or ICAB;

2) If a satisfactory pre-adoptive relationship is formed between the applicant and the child, the
written consent to the adoption executed by the DSWD is required.

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