Factsheet, Page 2
PHILIPPINE ADOPTION AUTHORITY: The government office responsible for domestic adoptions in Philippines are the Regional Trial Courts, which issue the adoption decrees, and the Department of Social Welfare and Development (DSWD), which is also involved in the legal proceedings. For the Inter-country adoptions, the offices responsible for adoption are the Department of Social Welfare and Development and the Inter-Country Adoption Board (ICAB).
PHILIPPINE ADOPTION PROCEDURES: The adoption procedure differs depending on whether the U.S. citizen adoptive parents are residents in the Philippines or are permanently residing abroad.
In general during Inter-country adoptions, custody of the child is granted to the prospective adoptive parents who then bring the child to their home country. The adoption is filed with a court in the adoptive parents'' home country.
Domestic Adoption
1) Pre- Adoption Seminar: The Domestic Adoption Act provides that adoptive parents attend adoption seminars prior to the filing of the adoption application.
2) Application for Adoption: After completing the required pre-adoption seminars, the adoptive parents file the adoption application with the DSWD, a social service office of a local government unit, or a licensed and accredited child-placing agency.
3) Home study: The adoptive parents then make arrangements for a home study to be conducted by the DSWD or a child-placing agency.
4) Matching: Matching of the child to the adoptive parents is conducted by the DSWD.
5) Placement: The child is placed with the prospective adoptive parents once the pre-adoption placement authority has been issued. This period of custody is known as supervised trial custody.
6) Consent to Adoption: At the conclusion of the trial period, the DSWD issues its written consent to adoption.
7) Petition for adoption: Once the adoptive parents have received the consent to adopt, they must file an adoption petition with the Regional Trial Court within thirty days. Upon approval of the adoption, the court issues an adoption decree and enters a judgement.
8) Authorization to travel abroad: Once the adoption is final; the DSWD will issue written authorization for the child to travel abroad. The birth certificate of the child is also amended to reflect the names of the adoptive parents.
Inter-Country Adoption- Any U.S. citizen permanently residing abroad may file an application for inter-country adoption.
1) Application: A U.S. citizen residing abroad and who is interested in adopting a child from the Philippines may file an application with ICAB. This application is filed through a U.S. adoption agency accredited by ICAB.
2) Child recommended for inter-country adoption: The DSWD recommends for inter-country adoption a child previously committed to the Philippine government. This recommendation certifies that inter-country adoption is in the best interest of the child.
3) Matching: The Inter-Country Adoption Placement Committee matches the child with a person or couple interested in adopting and refers its proposal back to ICAB for approval. Please note that the Inter-Country Adoption Act of 1995 specifically prohibits contact between the child and prospective adoptive parent (s) before such matching has been approved by the Board.
4) Placement Authority: The Inter-Country Adoption Board notifies the U.S. adoption agency of its matching decision within five days. The adoptive parents have 15 days to respond. If they agree to the proposed match, the Board issues a Placement Authority within five days. This placement authority allows the applicants to take custody of the child.
5) Application for immigrant Visa: The child appears at the U.S. Embassy for his/her immigrant visa interview. The Inter-Country Adoption Board serves as a proxy for the adoptive parents. ICAB prepares all the necessary documents and fees, including passport and medical exam.
6) Child travels to the United States: The Inter-Country Adoption Act requires the adoptive parent(s) to escort the child from the Philippines to the United States. The adoptive parents must arrive no later than thirty days after the immigrant visa has been issued.
7) Supervision of Trial Custody: Upon assuming custody of the child, the applicants enter a six-month trial period where the accredited U.S. adoption agency monitors the child''s welfare.
8) Petition for Adoption: The U.S. citizen adoptive parent should file an adoption petition with a court in the United States within 6 months of the completion of the trial custody period.
9) Final Adoption Decree: The final U.S. adoption decree should be submitted to ICAB within one month of issuance.
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