b. Intercountry Adoption (RA 8043, as amended by RA 11642)

b. Alien

• Possessing the same qualifications as above stated for Filipino nationals;
• His/her country has diplomatic relations with the Philippines;
• He/she has been living in the Philippines for at least 3 continuous years prior to the filing of the application for adoption and maintains such residence until the adoption order is issued;
• He/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country;
• His/her government allows the adoptee to enter his/her country as his/her adopted son/daughter

Requirements no. 3 and 4 may be waived in the following instances:

• A former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity; or
• One who seeks to adopt the legitimate child of his/her Filipino spouse
• One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the 4th degree of consanguinity or affinity of the Filipino spouse

c. Guardians - with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities

All statutory requirements for adoption must be met (In re OKeefe, 164 Mic 473, 1937); under RA 11642, domestic adoption is granted through an administrative order issued by the National Authority for Child Care, not a court decree.

LAW ON INTER-COUNTRY ADOPTION

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.

NOTE: A child refers to a person below eighteen (18) years of age.

Qualifications and Disqualifications of Adopter

Under RA 8043, as amended by RA 11642, an alien or a Filipino citizen permanently residing abroad may apply to adopt a Filipino child through intercountry adoption if the applicant:

• Is from a country that has diplomatic relations with the Philippines, has a similarly authorised and accredited adoption agency, and permits the adoption under the applicant’s national law;
• Is eligible to adopt under the applicant’s national law;
• Agrees to respect the child’s basic rights under Philippine law and the U.N. Convention on the Rights of the Child, and to comply with the Act’s implementing rules and regulations;
• Has not been convicted of a crime involving moral turpitude;
• Has the capacity under the applicant’s national law to exercise the rights and responsibilities of parental authority, and has received appropriate counselling from an accredited counsellor in the applicant’s country;
• Is at least 27 years old and at least 16 years older than the child at the time of application, unless the applicant is the child’s parent by nature or the spouse of that parent;
• If married, files the adoption application jointly with the applicant’s spouse;
• Meets all qualifications and has none of the disqualifications under the Act and other applicable Philippine laws; and
• Can provide proper care and support, and set the necessary moral values and example for all the applicant’s children, including the child to be adopted.