INTER COUNTRY ADOPTION(Sections 11 – 22)

Family Selection / Matching. (SEC. 11)

• No child shall be matched to a foreign adoptive family unless:

• 1.) It is satisfactorily shown that the child cannot be adopted locally.

• 2.) 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.

Matching

• SECTION 34• The matching of the child to an applicant shall be carried out during a matching conference before

the Committee participated in by the executive director or social worker of the child caring agency or the social worker of the Department in case of adoption by a relative. The Board shall set the guidelines for the manner by which the matching process shall be conducted and shall include among others the following:

• (a) Matching proposal • (b) Filing of matching proposal • (c) Presentation by the social worker • (d) Deliberations • (e) Committee action (approval, disapproval or deferment)

• (f) Motion for reconsideration

Matching• SECTION 35• The Committee shall endorse the matching proposal to the Board for its approval or other

appropriate action. The endorsement shall state the reasons for the Committee’s recommendation on the placement.

• SECTION 36• A notice of matching shall be sent to the concerned foreign adoption agency within five (5) days

from date of approval and shall be accompanied by the following documents:

• (a) Child Study Report; • (b) Health certificate and medical history of the child; • (c) Recent photographs of the child; and • (d) Itemized pre-adoptive placement costs.

• The applicant shall notify the foreign adoption agency in writing of his/her decision on the matching proposal within fifteen (15) calendar days from receipt of said proposal unless the applicant requests for additional information about the child. Otherwise, it will be deemed rejected.

Matching• SECTION 37• No matching arrangement except under these Rules shall be made between the applicant and

the child’s parents/guardians or custodians, nor shall any contact between them concerning a particular child be done before the matching proposal of the Committee has been approved by the Board.

• Exception: it shall not apply in cases of adoption of a relative or in exceptional cases where the child’s best interest, as determined by the Board, is at stake.

• SECTION 38• Upon receipt of the applicant’s acceptance of the matching proposal and confirmation of the pre-

adoptive placement plans presented by the foreign adoption agency, the Board shall issue the Placement Authority within five (5) working days. A certified excerpt of the minutes of the meeting of the Committee approving the matching shall be attached to the Placement Authority and shall form part of the records of the child.

• Copy of the Placement Authority shall be transmitted to the Department of Foreign Affairs and to the foreign adoption agency.

Matching• SECTION 38• Upon receipt of the applicant’s acceptance of the matching proposal and confirmation of the pre-

adoptive placement plans presented by the foreign adoption agency, the Board shall issue the Placement Authority within five (5) working days. A certified excerpt of the minutes of the meeting of the Committee approving the matching shall be attached to the Placement Authority and shall form part of the records of the child.

• Copy of the Placement Authority shall be transmitted to the Department of Foreign Affairs and to the foreign adoption agency.

• SECTION 41• The applicant shall personally fetch the child from the Philippines not later than thirty (30) days

after notice of issuance of the visa of the child for travel to the country where the applicant resides.

• The unjustified failure of the applicant to fetch the child within said period shall result in the automatic cancellation of the Placement Authority.

Pre-adoptive Placement Costs. (SEC. 12)

• 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.

• B.) The cost of passport, visa, medical examination and psychological evaluation required, and other related expenses.

Fees, Charges and Assessments. (Sec. 13)

• It shall be used solely to process applications for inter-country adoption and to support the activities of the Board.

Supervision of Trial Custody (Sec. 14)

• 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, copy of which shall be sent to the Board to form part of the records of the child.

Supervision of Trial Custody (Sec. 14)

• 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.

Trial Custody• SECTION 42

• Trial custody shall start upon actual physical transfer of the child to the applicant.• He / she shall exercise substitute parental authority over the person of the child. • the foreign adoption agency shall supervise and monitor the exercise of custody.

• SECTION 43

• The foreign adoption agency shall be responsible for the pre-adoptive placement, care and family counseling of the child for at least six (6) months from the arrival of the child in the residence of the applicant.

• The foreign adoption agency shall furnish the Board with bi-monthly reports on the child’s health, psycho-social adjustment and relationships which the child has developed with the applicant including the applicant’s health, financial condition and legal capacity. The Board shall furnish the child’s home agency a copy of the report.

Trial Custody• SECTION 44 • During the trial custody period, the foreign adoption agency shall notify the Board of any incident

that may have resulted in a serious impairment of the relationship between the child and the applicant or of any serious ailment or injury suffered by the child, as soon as possible but not later than seventy-two (72) hours after the incident or the discovery of the ailment or injury.

• SECTION 45 • If the pre-adoptive relationship is found unsatisfactory by the child or the applicant, or both, or if the

foreign adoption agency finds that the continued placement of the child is not in the child’s best interest, said relationship shall be suspended by the Board and the foreign adoption agency shall arrange for the child’s temporary care. No termination of pre-adoptive relationship shall be made unless it is shown that the foreign adoption agency has exhausted all means to remove the cause of the unsatisfactory relationship which impedes or prevents the creation of a mutually satisfactory adoptive relationship.

Trial Custody• SECTION 46 • In the event of termination of the pre-adoptive relationship:

• 1. The Board shall identify from the Roster of Applicants, a qualified family to adopt the child with due consideration for suitability and proximity.

• 2. Foreign adoption agency may propose a replacement family whose application shall be filed for the consideration of the Board In the absence of any suitable family in the Roster of Applicants.

• The consent of the child shall be obtained in relation to the measures to be taken under this Section, having regard in particular to his/her age and level of maturity.

• SECTION 47• The child shall be repatriated as a last resort if found by the Board to be in his/her best interests.

If the Board in coordination with the foreign adoption agency fails to find another placement for the child within a reasonable period of time after the termination of the pre-adoptive relationship, the Board shall inform the Department, the child caring/placing agency concerned and the Department of Foreign Affairs, of the decision to repatriate the child.

Trial Custody• SECTION 48• If a satisfactory pre-adoptive relationship is formed between the applicant and the child, the Board shall

transmit the written consent to the adoption executed by the Department to the foreign adoption agency within thirty (30) days after receipt of the latter’s request.

• SECTION 49• The applicant shall file the petition for the adoption of the child with the proper court or tribunal in the

country where the applicant resides within six (6) months after the completion of the trial custody period.

• SECTION 50• A copy of the final decree of adoption of the child, including the certificate of citizenship/naturalization

whenever applicable, shall be transmitted by the foreign adoption agency to the Board within one (1) month after its issuance. The copy of the adoption decree shall form part of the records of the Board which shall require the recording of the final judgment in the appropriate local and foreign Civil Register.

• SECTION 51• In case of dismissal by the foreign tribunal of the petition for adoption filed by the applicant, the procedures

under Sections 45, 46, and 47 shall apply.

• SECTION 52• The Board shall establish a program of post-adoption services in cooperation with local child-caring and

child-placing agencies and foreign adoption agencies.

Confidentiality

SECTION 53

• The application, together with all the records, documents, and communications relating thereto and its processes, shall be confidential.

• No copy thereof as well as any information relating thereto shall be released without written authority from the Board or the written request of any of the following:

• (a) the child/adopted person, with appropriate guidance and counseling, or his/her duly authorized representative, spouse, parent or parents, direct descendants, or guardian or legal institution legally in charge of the adopted person, if a minor;

• (b) the court or proper public official whenever necessary in an administrative, judicial or other official proceeding to determine the identity of the parent or parents or of the circumstances surrounding the birth of the child/adopted person; or

• (c) the nearest kin, in case of the death of the child/ adopted person.

Confidentiality• SECTION 54• The Board shall ensure that information held by them concerning the origin of the child/adopted

person, in particular the identity of his/her biological parents, is preserved.

• SECTION 57• Any person who shall violate the confidentiality and integrity of records, documents and

communications relating to adoption applications, cases and processes, shall suffer the penalty of :

• 1.) Imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or

• 2.) A fine not less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00) at the discretion of the court.

Executive Agreements. (Sec. 15)• The Department of Foreign Affairs, upon representation of the Board, shall

cause the preparation of Executive Agreements with countries of the foreign adoption.

PENALTIES

• SEC. 16.

• 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:

• 1. Imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or

• 2. A fine of not less than Fifty thousand pesos (P50,000), but not more that Two hundred thousand pesos (P200,000), at the discretion of the court.

Penalties• 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 or exploitation.

Penalties• 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:

• 1. One (1) year and one (1) day to two (2) years, and/or

• 2. 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.

Penalties• 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• SECTION 55 • Any person who shall knowingly participate in the conduct or carrying out of

an illegal adoption shall be punished with imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or fine not less than Fifty Thousand Pesos (P50,000.00), but not more than Two Hundred Thousand Pesos (P200,000.00), 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.

Penalties• SECTION 56 • An adoption shall be presumed illegal if:

• (a) the consent for an adoption was acquired through, or attended by coercion, fraud, or improper material inducement;

• (b) there is no authority from the Board to effect adoption;

• (c) the procedures and safeguards placed under the Act for adoption were not complied with; or

• (d) if the child to be adopted is subjected or exposed to danger, abuse and exploitation.

Penalties• SECTION 58• A penalty lower by two (2) degrees than that prescribed for the

consummated felony described above shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated.

• SECTION 59• Acts punishable under the above provisions shall be considered as an

offense constituting child trafficking and shall be punished with reclusion perpetua when committed by a syndicate or where it involves two or more children.

• An offense is deemed committed by a syndicate if it is 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.

Public Officers as Offenders (SEC. 17)

• 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-pre- scribed 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.

FINAL PROVISIONS

• SEC. 18• 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• 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.

FINAL PROVISIONS

• SEC. 20• If any pro-vision, 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• 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• This Act shall take effect fifteen (15) days after its publication in two (2)

newspapers of general circulation.