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INTERCOUNTRY ADOPTION: REQUIREMENTS AND PROCEDURES PDF Print E-mail

Persons considering intercountry adoption have a right to accurate information about these adoptions and the process involved. Such information will enable them to make informed decisions on initiating and completing such an adoption, the kind of child/ren they can best parent, and whether they are willing to make the lifetime commitment which is required.

The Inter-Country Adoption Board (ICAB) is mandated by law (Inter-Country Adoption Law of 1995 or Republic Act 8043) to be the Central Authority on matters relating to the foreign adoption placement of Filipino children to applicants who are either former Filipinos or foreigners permanently residing abroad. The Inter-Country Adoption (ICA) Law stipulates certain eligibility requirements for adoptive applicants intending to adopt a Filipino child who may either be a relative or non-relative. In the Philippines, Filipino children need to be made socio-legally free for adoption prior to any kind of alternative family placement. In line with the ICAB’s mandated authority is the compliance of the Philippines to an international instrument, The Hague Convention on the Protection of Children and Co-operation in respect of Inter-country Adoption, to which the Philippines is a State Party and is denominated as a Sending Country.

WHO IS ELIGIBLE TO ADOPT?

Residency Requirement:

  1. Any alien or a Filipino citizen permanently residing abroad may file an application for intercountry 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.
  4. 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)

WHERE TO APPLY?

The application shall be filed and officially endorsed to the INTER-COUNTRY ADOPTION BOARD (ICAB) through the Receiving Country’s Central Authority on Intercountry Adoption or an ICAB accredited Foreign Adoption Agency in the place of residence of the applicant couple.

FEES AND OTHER CHARGES

All payments/remittances of fees and other charges shall be in US Dollars and in the form of company check or international money order or international bank draft and shall be made payable to the Intercountry Adoption Board (ICAB). Personal checks, travelers check or cash will NOT be accepted.Application fee – upon filing of the application, a fee of One Hundred Dollars (US $100) shall be paid to the Intercountry Adoption Board. (The same fee applies for Relative, Non-relative and Special Needs adoption)Processing fee – upon acceptance of the matching proposal/child referral, a fee of Nine Hundred Dollars (US$900) for processing and operational expenses shall be remitted to the Intercountry Adoption Board. (Processing fee for Special Needs child/ren is Four Hundred Dollars (US$400).Pre-travel charges or Pre-Adoptive Placement Costs – varies according to the Region the child is coming from and the country to where the child is bound. These include fees for passport, visa medical examinations, medical treatment/medications (if needed), visa pictures, round trip air fare of child and escort (if coming from outside Metro-Manila), as well as board and lodging. Waiting PeriodThe approximate waiting period for a child after the PAPs’ application has been approved by the Board is a minimum of three months to a maximum of one year, depending on the child preference of the adoption applicants.


Children Available for Inter-Country Adoption

  1. Children available for intercountry 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)
  2. All children have to be cleared for intercountry adoption by the Competent Authority - Programs and Projects Bureau of the Department of Social Welfare and Development (PPB DSWD)-Central Office.
  3. 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.
  4. The allowable age of Filipino children for Intercountry 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:
  • When the child is a part of a sibling group where one or more is below 15 years old;
  • If the application for adoption of a child was filed (in cases of relative adoption) before the child reached the age of 15;
  • 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.
  1. The general ages of children cleared for intercountry adoption usually range from 6 months to 10 years old.
  2. Special Needs or Hard to Place children include
  • older children (usually boys or girls age 6 to 15 years old)
  • Sibling groups of 3 or more
  • Children with major medical/physical problems
  • Children with major developmental/neurological delay/handicapProcess

Any adoption applicant interested in adopting a Filipino child/ren (either relative or non-relative) may contact the nearest Central Authority on Intercountry Adoption of their country (if Ratifier or State Party to The Hague Convention) or any ICAB accredited Foreign Adoption Agency (see Annex) who is responsible in these Prospective Adoptive Parents preparation and conduct of their Home Study Report.

Documentary Requirements:

  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 (OPTIONAL)
  1. 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.
  2. 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.
  3. All the Philippine process for Intercountry Adoption (ICA) does NOT require the intervention of a lawyer either in the Philippines or from the applicant’s country of residence.

To inquire or follow-up with the ICAB, you can telephone, fax or e-mail:Phone: (632) 726-4568(632) 721-9781(632) 721-9782Fax: (632) 727-2026E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

These requirements and fees may change at any time.
Last Updated on Wednesday, 13 April 2011 15:38
 
LOCAL ADOPTION: REQUIREMENTS AND PROCEDURES PDF Print E-mail

Adoption is defined as a socio-legal process of providing a permanent family to a child whose parents have voluntarily or involuntarily relinquished parental authority over the child.

Adoption is for children who cannot be reared by their biological parents and who need and can benefit from new and permanent family ties. Adoption provides the same mutual rights and obligations that exist between children and their biological parents. It comprises of social work and other professional services that are required in the placement of children in adoptive families.

Children whose parents are either absent or unable to function as parents require the protection of the State. Protection of the child requires sufficient study to make certain that the placement is suitable and present no hazard to the child's growth and development. The State through the Department of Social Welfare and Development has a concern in every adoption including those by stepparents and relatives.

There are three types of adoption in the Philippines:

  1. Agency adoptions are those in which a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed. The adoptive families go through the process from application to finalization of the child's adoption under the auspices of the Department of Social Welfare and Development or a licensed child-placing agency like the Kaisahang Buhay Foundation. Through this type of adoption, the legal rights of the child, the parents who gave birth to the child and the parents who will adopt the child, are all equally protected.
  2. Family or relative adoptions are those where the biological parents make a direct placement of the child to a relative or a member of their extended family with whom they relinquish their child.
  3. Private or independent adoptions could either be a direct placement to a family known by the child's biological parents or through the use of an intermediary or a go-between. In an intermediary placement, an individual knows of parents who want to have their child adopted and arranges such placement to a family or someone who wants to adopt. These intermediaries are generally well-meaning and have good intentions. However, one must be wary of "black market" placements which involve an intermediary who brings together a person who has a child and individuals who want to adopt, for the sole purpose of making a profit. This practice does not consider the best interests of the child nor the legal rights of biological parents and adoptive parents.

The following are components of adoption:

  • Recruitment of potential adoptive families who may provide a home to a child;
  • Development of adoptive applicants as parents to a particular child in need of a home;
  • Selection of a family who can best contribute to the total development of a particular child;
  • Preparation of the child and family prior to placement to insure acceptance and readiness for the new relationship;
  • Supervision of trial custody for at least six months to facilitate the child's adjustment in the family prior to the completion of adoption;
  • Preparation for removal of the child from the adoptive home if the placement disrupts while alternative plans are being worked out;
  • Finalization of adoption and termination of service with issuance of the final decree of adoption and amended birth certificate;
  • Organization of groups of adoptive parents as part of support system; and
  • Post-legal adoption counselling when adoptive family and adoptee need further counselling related to information about adoptee's background and search for his/her biological parents.

EFFECTS OF ADOPTION

  • Sever all legal ties between the biological parent(s) and the adoptee, except when the biological parent is the spouse of the adopter;
  • Deem the adoptee as a legitimate child of the adopter;
  • Give adopter and adoptee reciprocal rights and obligations arising from the relationship of parent and child, including but not limited to;
  • The right of the adopter to choose the name the child is to be known; and
  • The right of the adopter and adoptee to be legal and compulsory heirs of each other.
  1. PRE-ADOPTION SERVICES
  2. CHILDREN
  3. QUALIFICATIONS OF ADOPTIVE PARENTS
  4. REQUIREMENTS/SUPPORTING DOCUMENTS
  5. PROCESS/PROCEDURE

 
Last Updated on Friday, 26 February 2010 11:21
 
TRAVEL CLEARANCE FOR MINORS PDF Print E-mail

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A travel clearance is a document issued by the DSWD to a Filipino child (below 18 years of age) traveling abroad alone or with someone other than his/her parents.

WHO NEEDS A TRAVEL CLEARANCE?

  • A minor traveling alone to a foreign country ;
  • A minor traveling to a foreign country accompanied by a person other than his or her parents.


WHO DOES NOT NEED TRAVEL CLEARANCE?

  • All minors other than those cited above, for example:
  • A minor traveling to a foreign country with either parent or with his or her solo parent or legal guardian;
  • A minor traveling abroad whose parents are in the Foreign Service or living abroad or are immigrants, provided he/she is holding a valid pass such as a dependents visa/pass/identification card or permanent resident visa/pass/identification card which serves as proof that he/she is living with parents abroad and their travel does not constitute child trafficking.


DOES A MARRIED MINOR REQUIRED TO SECURE A TRAVEL CLEARANCE

  • A minor, regardless of civil status who is traveling alone or with other person/s is required to secure a travel clearance.


IS A MARRIED MINOR REQUIRED TO SECURE A TRAVEL CLEARANCE?

  • A minor, regardless of civil status, who is traveling abroad alone or with person/s other than his/her parent is required to secure a travel clearance.


WHAT ARE THE REQUIREMENTS IN SECURING A TRAVEL CLEARANCE?

A. For a minor traveling alone to a foreign country for the first time

  1. Duly accomplished application form
  2. A photocopy of the birth certificate of minor
  3. A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country
  4. As appropriate, a photocopy of the marriage certificate of the minor's parents or a photocopy of the certificate of legal guardianship of the minor or in the case of solo parents, a photocopy of the solo parent identification card from the Municipal Social Welfare and Development Office or a photocopy of a certification from the Local Social Welfare and Development Office of being a solo parent or Tallaq or Faskh certification from the Shariah court or any Muslim Barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage (CENOMAR)* from the National Statistics Office (NSO) or in the case of a deceased parent, a photocopy of the death certificat

*Issuance of CENOMAR will take 1-5 days for cases of uncommon
surnames and 1-15  days for common surnames.
* Issuing office of CENOMAR is the National Statistics Office not the Local Civil Registrar.

5.    Two colored passport size photos of the minor taken within the last six (6) months


B. For a minor traveling for the first time with a person other than the parents or legal guardian

  1. Duly accomplished application form
  2. A photocopy of the birth certificate of minor
  3. A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them
  4. As appropriate, a photocopy of the marriage certificate of the minor's parents or a certificate of legal guardianship of the minor or in the case of solo parents, a solo parent identification card from the Municipal Social Welfare and Development Office or a certification from the Local Social Welfare and Development Office of being a solo parent or a court decree of separation, annulment or divorce, or Tallaq or Fasakh certification from the Shariah court or any muslim barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage (CENOMAR) *from the National Statistics Office or in the case of a deceased parent, a photocopy of the death certificate


* Issuance of CENOMAR will take 1-5 days for cases of  
uncommon surnames and 1-15 days for common surnames

*Issuing office of CENOMAR is the National Statistics Office not the Local Civil
Registrar

5.    Two colored passport size photos of the minor taken within the last 6 months.
6.    Photocopy of the passport of the traveling companion

C. In case of illegitimate children who is traveling abroad accompanied by their biological father, they are still required to secure a travel clearance certificate as parental authority is vested only to the mother of the child, per Article 176 of the Family Code of the Philippines.

IS THERE A VALIDITY PERIOD FOR A TRAVEL CLEARANCE?

A DSWD travel clearance is valid for a period of one (1) year from the date of issuance and shall be valid for multiple travels within the validity period, provided the conditions under which the travel clearance was issued have not changed. If a change in condition occurs like a change in traveling companion, a new travel clearance must be obtained.

HOW MUCH IS THE PROCESSING FEE FOR A TRAVEL CLEARANCE ISSUED TO A MINOR?

The DSWD shall collect a processing fee for each travel clearance issued to minors traveling abroad under the following options:

  • Php 300.00 with validity of one (1) year.
  • Php 600.00 with validity of two (2) years.


WHERE CAN ONE FILE THE APPLICATION?

The application for travel clearance, together with the supporting documents required shall be submitted/filed at any DSWD Field Office.

Application forms maybe obtained from any DSWD-Field Office or maybe downloaded from the website www.dswd.gov.ph. [click here to download application form in MS Word Format]

  • On the appointed date, go to the nearest DSWD Field (regional) office which processed your application to submit the original copy of your supporting documents and pay PhP300.00 per travel clearance certificate. The travel clearance certificate will be obtained thereafter.


Other Frequently Asked Questions…

ARE THE FOLLOWING MINORS EXEMPTED FROM SECURING A TRAVEL CLEARANCE?

  • A minor with permanent residency card
  • A minor who holds a valid pass such as dependents visa/pass/identification or permanent resident visa/pass/identification card is no longer required to secure travel clearance from DSWD. A permanent residency card is a valid pass and a holder of such is exempted from securing a travel clearance.
  • A minor born abroad but has no permanent residency card
  • It depends on the minors citizenship or residency. A minor who is not a Filipino citizen and holds a foreign passport is not required to secure a travel clearance. A minor who is a Filipino citizen and living abroad who does not hold a permanent resident visa/pass/identification card is required to secure a travel clearance.


WHO WOULD GIVE THE CONSENT FOR THE TRAVEL OF A TOTALLY ORPHANED MINOR WHO HAS NO APPOINTED LEGAL GUARDIAN?

Paternal/maternal grandparents who exercise parental authority over a minor whose parents are both deceased may issue the consent even without guardianship order from the Court. But in cases where both the paternal/maternal grandparents are deceased, relatives/acting guardians of the minor should work for their legal guardianship over the minor.

WHAT ABOUT THOSE CHILDREN WHOSE PARENTS HAVE MARITAL CONFLICT AND ARE ON HOLD ORDER?

A minor who is the subject of ongoing custody battle between parents will not be issued a travel clearance unless a Court Order is issued to allow the child to travel abroad with either one of his/her parents or authorized guardian. The family shall be responsible to notify the Bureau of Immigration to include the name of the child/ren in the watchlist of minors travelling abroad. It is therefore the Bureau of Immigration’s responsibility to ensure that no child under the watchlist order leaves the country.

CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

IS A FAXED COPY OF THE PARENTAL CONSENT OF PARENTS RESIDING ABROAD ACCEPTABLE?

Yes, a faxed copy is acceptable. Likewise, a computer generated photo of minors and emailed documents are acceptable.

WHAT ARE THE REQUIREMENTS FOR ILLEGITIMATE CHILDREN ABANDONED BY THE MOTHER AND UNDER THE CUSTODY OF THE FATHER OR OTHER RELATIVES WHO WILL BE TRAVELING ALONE OR WITH THE FATHER OR OTHER RELATIVES?

Since the mother has the absolute parental authority over her illegitimate children the father would need to secure a Court Order vesting in him the parental authority over the illegitimate children. If a parental authority has been granted to the father, and the minor will be traveling with the father, he is not required to secure a travel clearance. If the minor will travel alone or with someone other than the father, he/she is required to secure a travel clearance.

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Last Updated on Tuesday, 31 May 2011 17:30
 


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