REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
Third Regular Session }
S. No. 1984
H. No. 10363
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. –
This Act shall be known as the
"Inter-Country Adoption Act of 1995."
SEC. 2. Declaration of Policy. –
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 may be 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.
SEC. 3. Definition of Terms. –
As used in this Act, the
term:
a) Inter-country adoption refers to the socio-
legal process
of adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the decree of adoption
is issued outside the Philippines.
b) Child means a person below fifteen (15) years of age
unless sooner emancipated by law.
c) Department refers to the Department of Social Welfare
and Development of the Republic of the Philippines.
d) Secretary refers to the Secretary of the Department of
Social Welfare and Development.
e)
Authorized and accredited agency refers to the State
welfare agency or a licensed adoption agency in the country of the
adopting parents which provide comprehensive social services and
which is duly recognized by the Department.
f) Legally-
free child means a child who has been
voluntarily or involuntarily committed to the Department, in
accordance with the Child and Youth Welfare Code.
g) Matching refers to the judicious pairing of the adoptive
child and the applicant to promote a mutually satisfying parent-
child relationship.
h) Board refers to the Inter-country Adoption Board.
ARTICLE II
THE INTER-COUNTRY ADOPTION BOARD
SEC. 4. The Inter-Country Adoption Board. –
There is
hereby created the Inter-Country Adoption Board, hereinafter
referred to as the Board, to act as the central authority in matters
relating to inter-country adoption. It shall act as the policy-making
body for purposes of carrying out the provisions of this Act, in
consultation and coordination with the Department, the different
child-care and placement agencies, adoptive agencies, as well as
non-governmental organizations engaged in child-care and
placement activities. As such, it shall:
a) Protect the Filipino child from abuse, exploitation,
trafficking and /or sale or any other practice in connection with
adoption which is harmful, detrimental, or prejudicial to the child;
b) Collect, maintain, and preserve confidential information
about the child and the adoptive parents;
c) Monitor, follow up, and facilitate completion of adoption
of the child through authorized and accredited agency;
d) Prevent improper financial or other gain in connection
with an adoption and deter improper practices contrary to this
Act;
e) Promote the development of adoption services including
post-legal adoption;
f) License and accredit child-caring/placement agencies
and collaborate with them in the placement of Filipino children;
g) Accredit and authorize foreign adoption agency in the
placement of Filipino children in their own country; and
h) Cancel the license to operate and blacklist the child
caring and placement agency or adoptive agency involved from
the accreditation list of the Board upon a finding of violation of
any provision under this Act.
SEC. 5. Composition of the Board. –
The Board shall be
composed of the Secretary of the Department as ex officio
Chairman, and six (6) other members to be appointed by the
President for a nonrenewable term of six (6) years: Provided,
That there shall be appointed one (1) psychiatrist or psychologist,
two (2) lawyers who shall have at least the qualifications of a
regional trial court judge, one (1) registered social worker and
two (2) representatives from non-governmental organizations
engaged in child-caring and placement activities. The members
of the Board shall receive a per diem allowance of One thousand
five hundred pesos (P1,500) for each meeting attended by them:
Provided, further, That no compensation shall be paid for more
than four (4) meetings a month.
SEC. 6. Powers and Functions of the Board. –
The Board shall have the following powers and functions:
a) to prescribe rules and regulations as it may deem
reasonably necessary to carry out the provisions of this Act, after
consultation and upon favorable recommendation of the different
agencies concerned with child-caring, placement, and adoption;
b) to set the guidelines for the convening of an Inter
country Adoption Placement Committee which shall be under
the direct supervision of the Board;
c) to set the guidelines for the manner by which selection/
matching or prospective adoptive parents and adoptive child can
be made;
d) to determine a reasonable schedule of fees and charges
to be exacted in connection with the application for adoption;
e) to determine the form and contents of the application
for inter-country adoption;
f) to formulate and develop policies, programs and services
that will protect the Filipino child from abuse, exploitation,
trafficking and other adoption practice that is harmful,detrimental
and prejudicial to the best interest of the child;
g) to institute systems and procedures to prevent improper
financial gain in connection with adoption and deter improper
practices which are contrary to this Act;
h) to promote the development of adoption services,
including post-legal adoption services;
i)
to accredit and authorize foreign private adoption
agencies which have demonstrated professionalism, competence
and have consistently pursued non-profit objectives to engage in
the placement of Filipino children in their own country: Provided,
That such foreign private agencies are duly authorized and
accredited by their own government to conduct inter-country
adoption: Provided, however, That the total number of authorized
and accredited foreign private adoption agencies shall not exceed
one hundred (100) a year;
j)
to take appropriate measures to ensure confidentiality
of the records of the child, the natural parents and the adoptive
parents at all times;
k) to prepare, review or modify, and thereafter, recommend
to the Department of Foreign Affairs, Memoranda of Agreement
respecting inter-country adoption consistent with the
implementation of this Act and its stated goals, entered into,
between and among foreign governments, international
organizations and recognized international non-governmental
organizations;
l)
to assist other concerned agencies and the courts in
the implementation of this Act, particularly as regards
coordination with foreign persons, agencies and other entities
involved in the process of adoption and the physical transfer of
the child; and
m) to perform such other functions on matters relating to
inter-country adoption as may be determined by the President.
ARTICLE III
PROCEDURE
SEC. 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 to ensure that steps will be
taken to place the child in the Philippines before the child is
placed for inter-country adoption: Provided, however, That the
maximum number that may be allowed for foreign adoption shall
not exceed six hundred (600) a year for the first five (5) years.
SEC. 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:
a) Child study;
b) Birth certificate/foundling certificate;
c) Deed of voluntary commitment/decree of abandonment/
death certificate of parents;
d) Medical evaluation/history;
e) Psychological evaluation, as necessary; and
f) Recent photo of the child.
SEC. 9. Who May Adopt. –
Any alien or a Filipino citizen
permanently residing abroad may file an application for inter-
country adoption of a Filipino child if he/she:
a) 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 adoptor is the parent by nature of the
child to be adopted or the spouse of such parent;
b) if married, his/her spouse must jointly file for the
adoption;
c) 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;
d) has not been convicted of a crime involving moral
turpitude;
e) is eligible to adopt under his/her national law;
f) is in a position to provide the proper care and support
and to give the necessary moral values and example to all his
children, including the child to be adopted;
g) agrees to uphold the basic rights of the child as embodied
under Philippine laws, the U.N. Convention on the Rights of the
Child, and to abide by the rules and regulations issued to
implement the provisions of this Act;
h) 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; and
i)
possesses all the qualifications and none of the
disqualifications provided herein and in other applicable Philippine
laws.
SEC. 10. Where to File Application. –
An application to
adopt a Filipino child shall be filed either with the Philippine
Regional Trial Court having jurisdiction over the child, or with
the Board, through an intermediate agency, whether governmental
or an authorized and accredited agency, in the country of the
prospective adoptive parents, which application shall be in
accordance with the requirements as set forth in the implementing
rules and regulations to be promulgated by the Board.
The application shall be supported by the following
documents written and officially translated in English:
a) Birth certificate of applicants(s);
b) Marriage contract, if married, and divorce decree, if
applicable;
c) Written consent of their biological or adopted children
above ten (10) years of age, in the form of sworn statement;
d) Physical, medical and psychological evaluation by a
duly licensed physician and psychologist;
e) Income tax returns or any document showing the
financial capability of the applicant(s);
f) Police clearance of applicant(s);
g) Character reference from the local church/minister, the
applicant's employer and a member of the immediate community
who have known the applicant(s) for at least five (5) years; and
h) Recent postcard-size pictures of the applicant(s) and his
immediate family.
The Rules of Court shall apply in case of adoption by judicial
proceedings.
SEC. 11. Family Selection/Matching. –
No child shall be
matched to a foreign adoptive family unless it is satisfactorily
shown that the child cannot be adopted locally. The clearance, as
issued by the Board, with the copy of the minutes of the meetings,
shall form part of the records of the child to be adopted. When the
Board is ready to transmit the Placement Authority to the
authorized and accredited inter-country adoption agency and all
the travel documents of the child are ready, the adoptive parents,
or any one of them, shall personally fetch the child in the
Philippines.
SEC. 12. Pre-adoptive Placement Costs. –
The applicant(s)
shall bear the following costs incidental to the placement of the
child:
a) The cost of bringing the child from the Philippines to
the residence of the applicant(s) abroad, including all travel
expenses within the Philippines and abroad; and
b) The cost of passport, visa, medical examination and
psychological evaluation required, and other related expenses.
SEC. 13. Fees, Charges and Assessments. –
Fees, charges,
and assessments collected by the Board in the exercise of its
functions shall be used solely to process applications for inter-
country adoption and to support the activities of the Board.
SEC. 14. Supervision of Trial Custody. –
The governmental
agency or the authorized and accredited agency in the country of
the adoptive parents which filed the application for inter-country
adoption shall be responsible for the trial custody and the care of
the child. It shall also provide family counseling and other related
services. The trial custody shall be for a period of six (6) months
from the time of placement. Only after the lapse of the period of
trial custody shall a decree of adoption be issued in the said country,
a copy of which shall be sent to the Board to form part of the
records of the child.
During the trial custody,the adopting parent(s) shall submit
to the governmental agency or the authorized and accredited
agency, which shall in turn transmit a copy to the Board, a
progress report of the child's adjustment. The progress report
shall be taken into consideration in deciding whether or not to
issue the decree of adoption.
The Department of Foreign Affairs shall set-up a system
by which Filipino children sent abroad for trial custody are
monitored and checked as reported by the authorized and
accredited inter-country adoption agency as well as the repatriation
to the Philippines of a Filipino child whose adoption has not been
approved.
SEC. 15. Executive Agreements. –
The Department of
Foreign Affairs, upon representation of the Board, shall cause
the preparation of Executive Agreements with countries of the
foreign adoption agencies to ensure the legitimate concurrence of
said countries in upholding the safeguards provided by the Act.
ARTICLE IV
PENALTIES
SEC. 16. Penalties. –
a) Any person who shall knowingly
participate in the conduct or carrying out of an illegal adoption,
in violation of the provisions of this Act, shall be punished with a
penalty of imprisonment ranging from six (6) years and one (1)
day to twelve (12) years and/or a fine of not less that Fifty thousand
pesos (P50,000), but not more than Two hundred thousand pesos
(P200,000), at the discretion of the court. For purposes of this
Act, an adoption is illegal if it is effected in any manner contrary
to the provisions of this Act or established State policies, its
implementing rules and regulations, executive agreements, and
other laws pertaining to adoption. Illegality may be presumed
from the following acts:
1) consent for an adoption was acquired through, or
attended by coercion, fraud, improper material inducement;
2) there is no authority from the Board to effect adoption;
3) the procedures and safeguards placed under the law for
adoption were not complied with; and
4) the child to be adopted is subjected to, or exposed to
danger, abuse and exploitation.
b) Any person who shall violate established regulations
relating to the confidentiality and integrity of records, documents
and communications of adoption applications, cases and processes
shall suffer the penalty of imprisonment ranging from one (1)
year and one (1) day to two (2) years, and/or a fine of not less than
Five thousand pesos (P5,000), but not more than Ten thousand
pesos (P10,000), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for
the consummated felony under this Article shall be imposed upon
the principals of the attempt to commit any of the acts herein
enumerated.
Acts punishable under this Article, when committed by a
syndicate or where it involves two or more children shall be
considered as an offense constituting child trafficking and shall
merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed
by a syndicate if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying out
any of the unlawful acts defined under this Article. Penalties as
are herein provided shall be in addition to any other penalties
which may be imposed for the same acts punishable under other
laws, ordinances, executive orders and proclamations.
SEC. 17. Public Officers as Offenders. –
Any government
official, employee or functionary who shall be found guilty of
violating any of the provisions of this Act, or who shall conspire
with private individuals shall, in addition to the above-prescribed
penalties, be penalized in accordance with existing civil service
laws, rules and regulations: Provided, That upon the filing of a
case, either administrative or criminal, said government official,
employee or functionary concerned shall automatically suffer
suspension until the resolution of the case.
ARTICLE V
FINAL PROVISIONS
SEC. 18. Implementing Rules and Regulations. –
The
Inter-country Adoption Board, in coordination with the Council
for the Welfare of Children, the Department of Foreign Affairs,
and the Department of Justice, after due consultation with agencies
involved in child-care and placement, shall promulgate the
necessary rules and regulations to implement the provisions of
this Act within six (6) months after its effectivity.
SEC. 19. Appropriations. –
The amount of Five million
pesos (P5,000,000) is hereby appropriated from the proceeds of
the Lotto for the initial operations of the Board and subsequently
the appropriations of the same shall be included in the General
Appropriations Act for the year following its enactment.
SEC. 20. Separability Clause. –
If any provision, or part
hereof, is held invalid or unconstitutional, the remainder of the
law or the provision not otherwise affected, shall remain valid
and subsisting.
SEC. 21. Repealing Clause. –
Any law, decree, executive
order, administrative order or rules and regulations contrary to,
or inconsistent with the provisions of this Act are hereby repealed,
modified or amended accordingly.
SEC. 22. Effectivity Clause. –
This Act shall take effect
fifteen (15) days after its publication in two (2) newspapers of
general circulation.
