Adoption

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This week, I was consulted by three different people about adoption. They are all unmarried, they do not know each other, but they have one common goal: to adopt a child.

So, I advised them on the requirements for adoption and the possible costs of adopting a child in the Philippines. Allow me to share some info with you.

At present, we have two laws on adoption: Inter-country Adoption Act and the Domestic Adoption Law. The first provides for the requirements and the procedure for adoption by a foreigner of a Filipino child and the second governs local adoption.

I would like to focus right now on domestic or local adoption.

Who may adopt under the Domestic Adoption Law?

Section 4 of the law enumerates the persons who may adopt, to wit:

(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude; who is emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of a 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent;

(2) Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country has diplomatic relations with the Republic of the Philippines, that he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and that his government allows the adoptee to enter his country as his adopted child. Provided, further, That the requirements on residency and certification of the alien’s qualification to adopt in his country may be waived for the following: chan robles virtual law library

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or chan robles virtual law library

(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or chan robles virtual law library

(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth (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 financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other spouse has signified his consent thereto; or

(iii) 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 5 provides for a list of those who may be adopted, and they are:
(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of PD 603 or judicially declared available for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;
(4) A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority;
(5) A child whose adoption has been previously rescinded; or (6) A child whose biological or adoptive parents have died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents.
(7) A child not otherwise disqualified by law or these rules.

The Cribs foundation lists down the procedure proper for adoption:

1. Complete the following documents.

a) Authenticated birth certificate
b) Marriage Contract or Divorce, Annulment, Declaration of Nullity, or legal separation documents.
c) Physical and medical evaluation by a duly licensed physical and psychological evaluation by a psychologist,
d) NBI/Police clearance
e) Latest Income Tax Return (ITR) or any other documents showing financial capability,
f) Three (3) character references, namely from the local church/ministries, the employer, and a non-relative member of the immediate community who have known the applicant(s) for at least 3 years.
g) Recent Postcard-size pictures
h) Affidavit of guardianship

2. Certificate of attendance to pre-adoption fora or seminars.

3. Accomplish application form