In orphanages everywhere, there are children longing and needing only the proper love, guidance and support to meet their full potentials. To help you on your way to loving and rearing your own Maddox or Zahara (getting your own Brad Pitt is a whole other matter), below are the pertinent information you will need.
Types of Adoption[1]
To begin, we have 3 types of adoptions. They are:
1. Agency adoption - where a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed. The process is handled by the Department of Social Welfare and Development (DSWD) or a licensed child-placing agency. In this type of adoption, the legal rights of the child, the birth parents and the adoptive parents, are all equally protected.
2. Family or relative adoption - the biological parents make a direct placement of the child to a relative or a member of their extended family to whom they relinquish their child.
3. Private or independent adoption – where either a) a direct placement to a family known by the child’s biological parents, or b) the use of an intermediary or a go-between is made. Here, an individual knows of parents who want to have their child adopted and arranges placement to someone who wants to adopt. As there is a risk that the entire process may be merely for profit, this practice is deemed to be not in the best interests of the child nor the biological parents.
Who May Adopt
Citizens and foreigners may adopt locally although, naturally, there are added requirements for foreigners. Republic Act No. 8552 (“Domestic Adoption Act of 1988”)[2] lists the specific requirements for each:
1. Any Filipino citizen of legal age, -
1) with full civil capacity and legal rights,
2) of good moral character,
3) has not been convicted of any crime involving moral turpitude,
4) emotionally and psychologically capable of caring for children,
5) at least 16 years older than the adoptee, and
6) is in a position to support and care for his/her children in keeping with the means of the family.
The 16 year difference between the age of the adopter and adoptee may be waived when the adopter is the adoptee’s biological parent, or is the spouse of the adoptee’s parent.
2. Any alien possessing the same qualifications for Filipino nationals, plus –
1) his/her country has diplomatic relations with the Philippines,
2) he/she has been living in the Philippines for at least 3 continuous years prior to the filing of the application for adoption and maintains residence until the adoption decree is entered, and
3) he/she has been certified, by his/her diplomatic or consular office or any appropriate government agency, to have the legal capacity to adopt in his/her country and that their government allows the adoptee to enter their country as his/her adopted child.
The requirements on residency and certification may be waived for the following:
1) a former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity; or
2) one seeking to adopt the legitimate child of his/her Filipino spouse; or
3) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the 4th degree of consanguinity or affinity of the Filipino spouse;
3. The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities.
Incidentally, the law requires husband and wife to jointly adopt, except in the following cases:
a) if one spouse seeks to adopt the legitimate child of the other;
b) if one spouse seeks to adopt his/her own illegitimate child, but the other spouse must signify his/her consent thereto; or
c) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate child of the other, joint parental authority shall be exercised by the spouses. (Section 7)
Who may be adopted
Generally, only minors may be adopted. But even someone of legal age may still be adopted. Section 8 of R.A. 8552 lists the different types of adoptees:
a) Any person below 18 years who has been administratively or judicially declared available for adoption;
b) The legitimate child of one spouse by the other spouse;
c) An illegitimate child by a qualified adopter to legitimize the former;
d) A person of legal age if, prior to the adoption, has been consistently considered and treated by the adopter/s as the latter’s own child since minority;
e) A child whose adoption has been previously rescinded;
f) A child whose biological or adoptive parent/s has died, but no proceedings shall be initiated within 6 months from the time of death of said parent/s.
Required consent
It is important to note that the following need to give consent to the adoption:
a) The adoptee who is at least 10 years old;
b) The biological parent/s of the adoptee, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child;
c) The legitimate and adopted children, at least 10 years old, of the adopter/s and adoptee, if any;
d) The illegitimate children, at least 10 years old, of the adopter if living with said adopter and the latter’s spouse, if any; and
e) The spouse, if any, of the person adopting or to be adopted. (Section 9)
Supporting Documents[3]
Now to the nitty-gritty. The application for adoption must be accompanied by the following:
A. Re Prospective Adoptive Parents
1. Home Study Report
No petition for adoption shall be set for hearing unless a licensed social worker of the DSWD, the social service office of the local government unit, or any child-placing or child-caring agency has submitted a case study of the adoptee, the biological parent/s, as well as the adopter/s. The study shall establish that the genuine intentions of adopter/s have been ascertained, and that the adoption is in the adoptee’s best interest. (Section 11)
2. Authenticated birth certificate;
3. Marriage Contract or Divorce, Annulment, Declaration of Nullity, or Legal Separation documents;
4. Written consent to the adoption by the legitimate and adopted children, and illegitimate children if living with the applicant, who are at least 10 years old;
5. Physical and medical evaluation by a duly licensed physician; and when appropriate, psychological evaluation;
6. NBI Clearance;
7. Latest income tax return or any other documents showing financial capability, e.g. certificate of employment, bank certificate or statement of assets and liabilities;
8. 3 character references, e.g. the local Church/Minister, the employer, and a non-relative member of the immediate community who have known the applicant/s for at least 3 years;
9. Pictures of the applicant/s and his/her immediate family taken within the last three 3 months;
10. Certificate of attendance to pre-adoption seminars.
If the applicant/s is a foreign national, the following must also be submitted:
1. Certification that the applicant/s have legal capacity to adopt in his/her country and that his/her country has a policy, or is a signatory of an international agreement, which allows a child adopted in the Philippines by its national to enter their country and permanently reside therein as his/her legitimate child.
The certification may be issued by the diplomatic or consular office or central authority on inter-country adoption or any government agency which has jurisdiction over child and family matters; or, in the absence of any of the foregoing, the Philippine Intercountry Adoption Board may also certify that the Philippines and the applicant/s’ country have an existing agreement or arrangement on inter-country adoption.
2. Certificate of Residence in the Philippines issued by the Bureau of Immigration or Department of Foreign Affairs, as appropriate;
3. 2 character references from non-relatives who knew the applicant/s in the country of which he/she is a citizen or was a resident prior to residing in the Philippines, only when the applicant has resided in the Philippines for 15 years or less;
4. Police Clearance from all places of residence in the past 2 years immediately prior to residing in the Philippines.
In the case of an applicant who is residing abroad, but is otherwise qualified to adopt, the Home Study Report shall be prepared by an accredited foreign adoption agency; but a certification from the Inter-country Adoption Board shall be required to ensure that said agency is accredited.
B. Re Prospective Adoptive Child
1. Child Study Report
As mentioned earlier, no petition for adoption shall be set for hearing unless a case study of the adoptee has been made.
In making the study, the social worker shall confirm with the Civil Registry the adoptee’s real identity and registered name. If adoptee’s birth was not registered with the Civil Registry, it shall be the social worker’s responsibility to ensure that the adoptee is registered.
The study shall establish that adoptee is legally available for adoption, that the documents to support this fact are valid and authentic and that the adoption is in the adoptee’s best interest. (Section 11)
2. Authenticated birth certificate or foundling certificate, when appropriate
3. Written consent to adoption by the biological parent/s or the legal guardian and the written consent of the child if at least 10 years old, signed in the presence of the social worker of the DSWD or child caring agency after proper counseling
In the matter of counseling, the law requires the DSWD to provide the services of licensed social workers to the following:
a) the biological parent/s before and after adoptee’s birth.
No binding commitment to an adoption plan shall be permitted before adoptee’s birth. A 6-month period is allowed for the biological parent/s to reconsider any decision to relinquish the child for adoption before the decision becomes irrevocable. Counseling and rehabilitation services shall also be offered to the biological parent/s after he/she has relinquished the child for adoption.
The DSWD shall take steps to ensure that no hurried decisions are made and all alternatives for the child’s future and the implications of each alternative have been provided.
b) prospective adoptive parent/s in the form of counseling sessions, adoption fora and seminars, among others, to resolve possible adoption issues and to prepare him/her for effective parenting
c) prospective adoptee via counseling sessions to ensure that he/she understands the nature and effects of adoption and is able to express his/her views on adoption in accordance with his/her age and level of maturity. (Section 4)
4. Death Certificate of biological parents, Decree of Abandonment or Deed of Voluntary Commitment, as appropriate
5. Medical evaluation of the child and his/her parent/s, if available;
6. Psychological evaluation, when appropriate; and
7. Picture of adoptee.
Procedure[4]
The process can be tedious – from counseling, to filing the application, to undergoing the case study, and to going through a court case. Again, the requirements are meant to ensure the adoption is for the child’s best interests.
1. The application procedure begins with -
1) Attending adoption seminars. The DSWD conducts seminars and counseling sessions to achieve the following:[5]
i) Disseminating basic information about adoption including the process, procedures and effects of adoption;
ii) Informing them of the general background of children in need of adoptive homes including children with special needs;
iii) Developing a respect for the child’s biological origin and an awareness of the importance of telling the child that he/she is adopted;
iv) Providing a support group for adopter/s for sharing their adoption experiences.
A certificate shall be issued by the DSWD to the prospective adoptive parents attesting that they have undergone pre-adoption services. The certificate shall be made a pre-requisite of the home study and must be secured prior to filing of the application to adoption.
2) Filling up the DSWD application form.
2. Next comes the preparation of the Home Study Report, when -
1) the prospective adoptive parent/s are interviewed and visited by the social worker;
2) recommendations are made by the social worker; and
3) the required supporting documents of the adoptee and the prospective adoptive parent/s are submitted.
3. The decision is then made to approve or disapprove a child for adoption, and if approved, a Certificate of Availability of Child for Adoption is then issued.
4. The adoptee and adopter/s are then matched. The child is paired with a family based on the child’s needs and his capacity to benefit from the placement as well as the capacity and interest of the adoptive parents to his/her needs.
5. Then the Supervised Trial Custody is allowed. The social worker conducts monthly home visits to the family immediately after the placement of the child to the adoptive family and submits a report to the DSWD.
No petition for adoption shall be finally granted until the adopter/s has been given by the court a supervised trial custody period for at least 6 months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. During said period, temporary parental authority shall be vested in the adopter/s. (Section 12)
6. Based on a favorable recommendation by the social worker, the DSWD issues a written consent to the adoption.
7. The adopter/s are then free to file a Petition for Adoption. The order of hearing is first published in a newspaper. Then the court hearings begin.
8. If there is no opposition to the petition, and after evaluating the case studies, the qualifications of the adopter/s, trial custody report and evidence submitted, and the court is convinced that the petitioners are qualified to adopt and that the adoption would redound to the best interest of the adoptee, a decree of adoption shall be entered effective as of the date the petition was filed. The same holds true in case the adopter/s dies before the issuance of the decree of adoption to protect the interest of the adoptee. The decree shall state the name by which the child is to be known. (Section 13)
9. A new certificate of birth is issued by the Civil Registry attesting to the fact that the adoptee is the child of the adopter/s by being registered with his/her surname. The original certificate of birth shall be stamped “cancelled” with the annotation of the issuance of an amended birth certificate in its place and shall be sealed in the civil registry records. The new birth certificate shall not bear any notation that it is an amended issue. (Section 14)
Effects of Adoption
Unless the biological parent is the spouse of the adopter, all legal ties between the biological parent/s and the adoptee are severed and the same are vested on the adopter/s. (Section 16)
The adoptee is deemed the legitimate child of the adopter/s for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate children. (Section 17) Thus, in legal and intestate succession, the adopter/s and the adoptee have reciprocal rights of succession as legitimate parent/s and child.
Yes, there’s a lot to take in. It won’t hurt to merely explore the possibilities. Just attend a pre-adoption seminar. No commitments are required.
[1] Local Adoption: Requirements and Procedures. Retrieved October 7, 2008, from Department of Social Welfare and Development Web site: http://www.dswd.gov.ph/faqdetails.php?id=45
[2] “An Act Establishing The Rules And Policies On The Domestic Adoption Of Filipino Children And For Other Purposes”, February 25, 1998
[3] Requirements / Supporting Documents. >Retrieved October 9, 2008, from Department of Social Welfare and Development Web site: http:// http://www.dswd.gov.ph/lareq.php.
[4] Local Adoption: Process/ Procedure. Retrieved October 8, 2008, from Department of Social Welfare and Development Web site: http://www.dswd.gov.ph/lapro.php
[5] Pre- Adoption Services. Retrieved October 9, 2008, from Department of Social Welfare and Development Web site: http:// http://www.dswd.gov.ph/lapre.php
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