Republic Act No. 8043

   


Date:    July 15, 1994

Source:    Republic of the Philippines, Congress and Senate

Subject:    An Act Establishing the Rules to Govern Inter-Country Adoption of Filipino Children, and for other Purposes

Text:

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 maybe 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.

Article III- Section 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 in the Philippines before the child is placed for inter-country adoption.

Section 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:

  1. child study;

  2. birth certificate/founding certificate;

  3. deed of voluntary commitment/decree of abandonment/death certificate of parents;

  4. medical evaluation/history;

  5. psychological evaluation, as necessary; and

  6. recent photo of the child.

Section 9.  Who may adopt. Any alien or Filipino citizen permanently residing abroad may file an application for inter-country adoption of Filipino child if he/she:

  1. 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 adopted is the parent by nature of the child to be adopted or the spouse of such parent;

  2. If married, his/her spouse must jointly file for the adoption;

  3. 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; and

  4. Has not been convicted of a crime involving moral turpitude.

The application shall be supported by the following documents written and officially translated in English:

  1. Birth certificate of applicant;

  2. Marriage contract if married, and divorce decree if applicable;

  3. Written consent of their biological or adopted children above ten (10) years of age, in the form of a sworn statement;

  4. Physical, medical and psychological evaluation by a duly licensed physician and psychologist;

  5. Income tax returns or any document showing the financial capability of the applicant;

  6. Police clearance of applicant;

  7. Character reference from the local church/minister, the applicant's employer, and a member of the immediate community who have known the applicant for at least five (5) years; and

  8. Recent postcard-size pictures of the applicant and his immediate family.

 

    
  Go to Top  
Country Index Page Philippines Population Database