Inter-Country Adoption

Republic Act 8043

and its Implementing Rules and Regulations

Kristofer Manuel I. Aralar

Ophilia Marie L. Dalonos
Ronald C. Mendoza
 Republic v. CA and Spouses Hughes
G.R. No. 100835 October 26, 1993

Facts:

James Anthony Hughes, a natural born citizen of the USA, married Lenita
Mabunay Hughes, a Filipino Citizen, who was later naturalized as a citizen of that country.
The spouses jointly filed a petition with the RTC of Angeles City to adopt Ma. Cecilia, Neil
and Maria, all surnamed Mabunay, minor niece and nephews of Lenita, who had been
living with the couple even prior to the filing of the petition. The minors, as well as their
parents, gave consent to the adoption.

The RTC granted the petition. A petition for Review on Certiorari was filed with the
SC, and the CA, upon referral, affirmed the RTC’s decision.

The petitioner now alleges that the CA erred in its decision on the ground that the
respondent spouses are not qualified to adopt under Philippine law.
 Republic v. CA and Spouses Hughes
G.R. No. 100835 October 26, 1993

Issue: Whether the respondent spouses are qualified to adopt.

Held: NO

This case was decided before the effectivity of the Inter-Country Adoption Law.
The governing law at the time was the Family Code.

The spouses were not qualified under the Family Code (Articles 184-186) Under
Art. 184 of the FC:
 Republic v. CA and Spouses Hughes
G.R. No. 100835 October 26, 1993

The following persons may not adopt :

Xxx

(3) An alien, except:

(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;

(b) One who seeks to adopt the legitimate child of his or her Filipino
spouse; or

(c) One who is married to a Filipino citizen and seeks to adopt jointly with
his or her Filipino spouse a relative by consanguinity of the latter.
 Republic v. CA and Spouses Hughes
G.R. No. 100835 October 26, 1993

Through the foregoing, James may not adopt. Lenita could have been allowed under 3(a).
However, Art. 185 of the FC provides:

Husband and wife must jointly adopt, except in the following cases:

(1) When one spouse seeks to adopt his own illegitimate child; or

(2) When one spouse seeks to adopt the legitimate child of the other.

Since the spouses do not fall under the exceptions, they are required to file the petition
jointly, which brings us back to the fact that James is not allowed to adopt.
 Republic v. CA and Spouses Hughes
G.R. No. 100835 October 26, 1993

“We are not unmindful of the possible benefits, particularly in this instance, that an
adoption can bring not so much for the prospective adopting parents as for the adopted
children themselves. We also realize that in proceedings of this nature, paramount
consideration is given to the physical, moral, social and intellectual welfare of the adopted
for whom the law on adoption has in the first place been designed. When, however, the law
is clear and no other choice is given, we must obey its full mandate.

Even then, we find it difficult to conclude this opinion without having to call the
attention of the appropriate agencies concerned to the urgency of addressing the issue on
inter-country adoption, a matter that evidently is likewise espoused by the Family Code.”
 ARTICLE 1. GENERAL PROVISIONS

Section 1. Policy Objectives

It is the policy of the State to ensure that every child shall grow up in 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 every child who is legally free for
adoption, with an adoptive family in the Philippines. The State shall take measures and
safeguards to ensure that inter-country adoption is allowed when the same shall prove
beneficial to the child’s best interests and shall serve and protect his/her fundamental
rights. In this respect, the State shall establish a system of cooperation with other States,
through their respective Central/Competent Authorities and accredited bodies to prevent
the sale, trafficking and abduction of children.
 ARTICLE 1. GENERAL PROVISIONS

Section 2. Applicability

The Rules shall apply to the adoption of a legally free Filipino child in a foreign country by a
person qualified to adopt under Republic Act 8043 otherwise known as the Inter-Country
Adoption Law of 1995.
 ARTICLE 2. (Section 3) DEFINITION OF TERMS

“Inter-Country Adoption” shall refer to the socio-legal process of adopting a child by a foreign
national or a Filipino citizen permanently residing abroad where the petition for adoption is filed,
the supervised trial custody is undertaken, and the decree of adoption is issued in the foreign
country where the applicant resides thereby creating a permanent parent-child relationship
between the child and the adoptive parents.

“Child” shall refer to a Filipino child below fifteen (15) years of age who can be legally adopted

“Legally free child” shall refer to a child who, in accordance with the Child and Youth Welfare
Code, has been voluntarily or involuntarily committed to the Department of Social Welfare and
Development, or to a duly licensed and accredited child-placing or child-caring agency, freed of
the parental authority of his/her biological parent/s or guardian/s or adopter/s in case of
rescission of adoption.
 ARTICLE 2. (Section 3) DEFINITION OF TERMS

“Applicant” shall refer to a married couple or a single person who files an application.

“Matching” shall refer to the judicious pairing of the applicant and the child to promote a
mutually satisfying parent-child relationship.

“Illegal Adoption” shall refer to an adoption that is effected in any manner contrary to the
provisions of RA 8043, these Rules, established State policies, Executive Agreements and other
laws pertaining to adoption.
 ARTICLE 2. (Section 3) DEFINITION OF TERMS

“Board” shall refer to the Inter-Country Adoption Board (ICAB) which is the Central Authority in
matters relating to inter-country adoption and the policy-making body for the purposes of
carrying out the provisions of R.A. 8043 and the Hague Convention on Protection of Children
and Cooperation in Respect of Inter-Country Adoption.

“Foreign Adoption Agency (FAA)” shall refer to the State Welfare Agency or the licensed and
accredited agency in the country of the foreign adoptive parents that provides comprehensive
social services and is duly recognized by the Board.

“Central Authority” shall refer to the key governmental entity which is responsible for carrying
out the provisions of the Convention.
Inter-Country Adoption Board Department of Welfare and Development
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 45. Supervision of Pre-Adoptive Placement

The Central Authority and/or the FAA of the State to which the child has been transferred shall
supervise and monitor the placement of the child with the applicants, maintaining
communication with the applicants from the time the child leaves the Philippines up to the time
adoption is finalized.

The FAA shall be responsible for the pre-adoptive placement, care and family counseling of the
child for at least six (6) months from his/her arrival in the residence of the applicant/s, when
applicable. During the pre-adoptive placement, the FAA shall furnish the Board with quarterly
reports on the child’s health, psycho-social adjustment, and relationship with the applicant/s.
The report shall also include updated information regarding the applicants’ personal
circumstances, if any. The Board shall furnish the child’s CCA a copy of the reports.

Relative adoptions are subject to the same requirements under this Section.
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 46. Emergency Intervention and Report

During the trial custody period, the Central Authority and/or the FAA shall immediately notify the
Board if any serious ailment, injury or abuse is suffered by the child from the adoptive parent(s)
or from other household members or the adoptive parent/s suffer from any serious ailment or
injury that will make the adoption untenable.

The Central Authority and/or the FAA shall take the following measures to protect the child:
a. Medical/psychological interventions;
b. Emergency foster care; and
c. Respite care.

A report shall be submitted to the Board within seventy-two (72) hours, to include the nature of
the injury and the interventions provided.
In the event that all efforts to restore the parent-child relationship between the child and the
applicant/s fail, Sections 48 and 49 of these Rules shall apply.
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 47. Disruption and Termination of Placement.

In the event of serious damage in the relationship between the child and the applicant/s where
the continued placement of the child is not in his/her best interests, the Central Authority and/or
the FAA shall take the necessary measures to protect the child, in particular, to cause the child
to be withdrawn from the applicant/s and to arrange for his/her temporary care.

The Central Authority and/or FAA shall exhaust all means to remove the cause of the
unsatisfactory relationship which impedes or prevents the creation of a mutually satisfactory
adoptive relationship. A complete report should be immediately forwarded to the Board with
actions taken as well as recommendations and appropriate plans. Based on the report, the
Board may terminate the pre-adoptive relationship.

In every instance, the collaboration between and among the Central Authority and/or the FAA
and the Board shall be carried out to ensure the protection of the child.
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 48. New placement for Child

In the event of termination of the preadoptive relationship, the Board shall identify from the
Roster of Approved Applicants a suitable family with whom to place the child. The Central
Authority and/or the FAA may also propose a replacement family whose application shall be filed
for the approval of the Board. No adoption shall take place until after the Board has approved the
application of such replacement family.

Taking into consideration the age and degree of maturity of the child, he or she shall be consulted
and, when appropriate, his or her consent shall be obtained.

In the entrustment of the child to a replacement family, Section 39 and Sections 44-46 of these
Rules shall apply.

A foster family who eventually decides to adopt the child under its care shall comply with the
requirements of Sections 26-30 and Sections 34-36 of these Rules.
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 49. Repatriation of the Child

If the Board, in coordination with the Central Authority and/or the FAA is unable to find a
suitable replacement family for the child within a reasonable period after the termination of the
pre-adoptive relationship, the Board, as a last resort, shall arrange for the child’s repatriation.
The current prospective adoptive parents through the CA/FAA shall shoulder the cost of the
child’s repatriation. The Board shall inform the Department, the Child Caring/Placing Agency
concerned and the Department of Foreign Affairs of the decision to repatriate the child.
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 50. Consent to Adoption

If a satisfactory pre-adoptive relationship is formed between the applicant/s and the child,
the Board shall transmit an Affidavit of Consent to the Adoption executed by the
Department to the Central Authority and/or the FAA within fifteen (15) days after receipt of
the last post placement report.
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 51. Filing of Petition for Adoption

The Central Authority and/or the FAA shall ensure that the applicant/s file the appropriate
petition for the adoption of the child to the proper court or tribunal or agency in
accordance with their national law.
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 52. Decree of Adoption

A copy of the final Decree of Adoption or its equivalent, including the Certificate of
Citizenship/Naturalization, whenever applicable, shall be transmitted by the Central
Authority and/or the FAA to the Board within one (1) month after its issuance. The Board
shall require the recording of the final judgment in the appropriate Philippine Civil Registry.
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 53. Dismissal of Petition for Adoption

In case of dismissal or disapproval of the petition for adoption by the foreign tribunal or
agency filed by the applicant, the procedures under Sections 48, 49 and 50 shall apply.
 ARTICLE 8. INTER-COUNTRY ADOPTION PROCESS

Section 54. Post Adoption Services

The Board shall allocate funds for Post Adoption Services and Research. It shall also
establish guidelines to cover this program.