Q. What are the requirements for the prospective adopting parent/s under the Inter-Country Adoption Act of 1995?
R. We limit our discussion on the rules of adoption under this law as this Manual is intended for the information of overseas Filipinos and to citizens of foreign countries.
To be eligible, the Filipino citizen permanently residing abroad or the alien must possess the following:
1. The adopting parent must, at the time of application, be at least 27 years of age and at least 16 years older than the child to be adopted;
2. If married, the spouse must jointly file for the adoption;
3. Must be capable of acting and assuming all rights and responsibilities of parental authority under their national law and has undergone the appropriate counseling from an accredited counselor in their country;
4. Has not been convicted of a crime involving moral turpitude;
5. Is eligible to adopt under their national law;
6. Must be able to provide for the proper care and support and to inculcate the necessary moral values and example to his/her children, including the child to be adopted;
7. Must agree to uphold the basic rights of the child as embodied under Philippine laws, the UN Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of RA 8043;
8. Must come from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and adoption is allowed under their national laws; and
9. Must possess all the qualifications and none of the disqualifications provided by applicable Philippine laws.
Q. Who may be adopted under this law?
R. To be qualified for adoption, the prospective Filipino child must be below 15 years of age and is committed (voluntarily or involuntarily) with the Department of Social Work and Development (DSWD).
The prospective Filipino child can only be adopted under this law if the said child cannot be adopted by qualified Filipino citizens (this means that priority in adoption is given to qualified Filipino citizens, particularly immediate relatives of the child). Further, the following documents concerning the child must be submitted to the Inter-Country Adoption Board: