PLEASE COMMENT TO NEW RULES ON INTERCOUNTRY ADOPTION PHILiPPINES

May 19, 2006

REPUBLIC OF THE PHILIPPINES
INTER-COUNTRY ADOPTION BOARD
MANILA

AMENDED IMPLEMENTING RULES AND REGULATIONS
ON INTER-COUNTRY ADOPTION (RA 8043)

Pursuant to the authority of the Inter-country Adoption Board, under Section 6, paragraph (a) of Republic Act No.
8043, otherwise known as "The Inter-Country Adoption Act of 1995" and in accordance with the relevant provisions of
Republic Act No. 8552 otherwise known as the Domestic Adoption Act of 1998 and the provisions of The Hague Convention
on Protection of Children and Cooperation in Respect of Inter-country Adoption as well as the United Nations
Convention on the Rights of the Child, the following Rules and Regulations are hereby promulgated to govern the
adoption of a Filipino child abroad:

ARTICLE I
GENERAL  PROVISIONS

SECTION 1.POLICY OBJECTIVES.- It is the policy of the State to ensure that  every  child shall grow up in  a family
that will provide such child with love and care as well as opportunities for growth and development.  Towards this
end, efforts shall be exerted to place every child who is legally free for adoption, with an adoptive family in the
Philippines. The State shall take measures and safeguards to ensure that inter-country adoption is allowed when the
same shall prove beneficial to the child’s best interests and shall serve and protect his/her fundamental rights.  In
this respect, the State shall establish a system of cooperation with other States, through their respective
Central/Competent Authorities and accredited bodies to prevent the sale, trafficking and abduction of children.

SECTION 2.APPLICABILITY.- The Rules shall apply to the adoption of a legally free Filipino child in a foreign country
by a person qualified to adopt under Republic Act 8043 otherwise known as the Inter-country Adoption Law of 1995.

ARTICLE II
DEFINITION OF TERMS

SECTION 3. DEFINITION OF TERMS.- As used in these Rules, unless the context otherwise requires, the following terms
shall mean:

(a) "Act" shall refer to Republic Act No. 8043, otherwise known as "The Inter-country Adoption Act of 1995";

(b) "Applicant" shall refer to a married couple or a single person  who files an application;

(c) "Application" shall refer to the duly accomplished application form, home study report including its supporting
documents from an authorized or accredited agency or body by the ICAB;

(d) "ACCREDITATION" SHALL REFER TO THE ICAB’S CERTIFICATION OF A FOREIGN ADOPTION AGENCY DULY LICENSED BY THE STATE
WELFARE AUTHORITY IN A NON-CONTRACTING STATE AS MEETING THE OFFICIAL REQUIREMENTS TO PARTICIPATE IN THE PHILIPPINE
INTER-COUNTRY ADOPTION PROGRAM.

(e) "AUTHORIZATION" SHALL REFER TO THE ICABS CERTIFICATION OF A FOREIGN ADOPTION AGENCY DULY ACCREDITED BY THE CENTRAL
AUTHORITY OF A CONTRACTING STATE TO PARTICIPATE IN THE PHILIPPINE INTER-COUNTRY ADOPTION PROGRAM.

(f)   "Board" shall refer to the Inter-country Adoption Board which is
the Central Authority in matters relating to inter-country
adoption and the policy-making body for the purposes of carrying out the provisions of R.A. 8043 and the Convention;

(g)  "Central Authority" shall refer to the key governmental entity which
     is responsible for carrying out the provisions of the Convention;

(h)  "Chairperson" shall refer to the Chairperson of the Board;

(i)  "Child" shall refer to a Filipino child below fifteen (15) years
of age who can be legally adopted;

(j) "Child Caring Agency" shall refer to a welfare agency that provides a twenty-four (24) hour resident group care
service for the physical, mental, social and spiritual well being of nine (9) or more mentally gifted, abandoned,
neglected, disabled, or disturbed children, or youth offenders.  The term shall include an institution whose primary
purpose is education whenever nine (9) or more of its pupils or wards in the ordinary  course of events do not return
to the homes of their parents or guardians for at least two (2) months of summer vacation;

(k) "Child Placing Agency" shall refer to an institution licensed by the Department to assume the care, custody,
protection and maintenance of children for purposes of adoption, guardianship or foster care;

(l) "Child with Special Needs" shall refer to any child who is difficult to place in view of some physical ,
psychological, and/ or social limitations including but not limited to being an older child, belonging to a sibling
group or those who may be under such analogous circumstances;

(m) "Committee" shall refer to the Inter-country Adoption Placement Committee;

(n) "Competent Authority" shall refer to any State entity which performs all or most of the functions of Chapter II of
the Convention;

(o) "Contracting State" shall refer to any State Party to the Convention;

(p) "Convention" shall refer to The Hague Convention on  Protection of Children and Co-operation in Respect of
Inter-Country Adoption;

(q) "Decree of Abandonment" shall refer to the final written
ADMINISTRATIVE OR judicial order declaring a child to be dependent, abandoned, and neglected and committing such child
to the care of the Department through a person or duly licensed child caring/placing agency or institution. The rights
of the biological parents, guardian or other custodian to exercise authority over the child shall cease;

(r) "Deed of Voluntary Commitment" shall refer to the notarized instrument relinquishing parental authority and
committing the child to the care and custody of the Department executed by the child’s biological parent(s) or by the
child’s legal  guardian in their absence, mental incapacity or death, to be signed in the presence of an authorized
representative of the Department, after counseling and other services have been made available to encourage the
child’s biological parent(s) to keep the child;

(s) "Department" shall refer to the Department of Social Welfare and Development;

(t) "Foreign Adoption Agency" shall refer to the State Welfare Agency or the licensed and accredited agency in the
country of the foreign adoptive parents that provides comprehensive social services and is duly recognized by the
Board;

(u)  "Inter-country Adoption" shall refer to the socio-legal process of
adopting a child by a foreign national or a Filipino citizen
permanently residing abroad where the petition for adoption is filed, the supervised trial custody is undertaken, and
the decree of adoption is issued in the foreign country where the applicant resides thereby creating a permanent
parent-child relationship between the child and the adoptive parents;

(v)  "Illegal Adoption" shall refer to an adoption that is effected
in any manner contrary to the provisions of RA 8043, these Rules, established State policies, Executive Agreements and
other laws pertaining to adoption;

(w)  "Legally free child" shall refer to a child who, in accordance with
the Child and Youth Welfare Code, has been voluntarily or
involuntarily committed to the Department, or to a duly licensed and
accredited child-placing or child-caring agency, freed of the
parental authority of his/her biological parent/s or guardian/s or
adopter/s in case of rescission of adoption;

(x) "Liaison Service" shall refer to the effective delivery of   facilitating social services provided by a licensed
and accredited Child Caring or Child Placing Agency (CCA/CPA)to represent a Foreign Adoption Agency (FAA) in the
Philippines;

(y) "Matching" shall refer to the judicious pairing of the applicant and the child to promote a mutually satisfying
parent-child relationship;

(z)  "Non-Contracting State" shall refer to any State not party to the
      Convention which the Board has established working relations;

(aa) "Secretary" shall refer to the Secretary of the Department;

(bb) "Special Home Finding" shall refer to the process of recruiting or identifying suitable adoptive parents for
children with special needs through the Central Authority or a Foreign Adoption Agency of the State if there is no
available family in the Roster of Approved Families.

ARTICLE III
INTER-COUNTRY ADOPTION BOARD

        SECTION 4 POWERS AND FUNCTIONS OF THE BOARD - THE BOARD SHALL HAVE THE FOLLOWING POWERS AND FUNCTIONS:

a. TO PRESCRIBE RULES AND REGULATIONS AS IT MAY DEEM REASONABLY NECESSARY TO CARRY OUT THE PROVISIONS OF THE ACT,
AFTER CONSULTATIONS AND UPON FAVORABLE RECOMMENDATION OF THE DIFFERENT AGENCIES CONCERNED WITH CHILD-CARING, PLACEMENT
AND ADOPTION;

b. TO SET THE GUIDELINES FOR THE CONVENING OF AN INTER-COUNTRY ADOPTION PLACEMENT COMMITTEE WHICH SHALL BE UNDER THE
DIRECT SUPERVISION OF THE BOARD;

c. TO SET THE GUIDELINES FOR THE MANNER BY WHICH SELECTION/MATCHING OF PROSPECTIVE ADOPTIVE PARENTS AND ADOPTIVE CHILD
CAN BE MADE;

d. TO DETERMINE A REASONABLE SCHEDULE OF FEES AND CHARGES TO BE EXACTED IN CONNECTION WITH THE APPLICATION FOR AND
PROCESS OF ADOPTION AND TO REVISE THE SAME ACCORDINGLY AS IT BECOMES NECESSARY.

e. TO DETERMINE THE FORM AND CONTENTS OF THE APPLICATION FOR INTER-COUNTRY ADOPTION;

f. TO FORMULATE AND DEVELOP POLICIES , PROGRAMS AND SERVICES THAT WILL PROTECT THE FILIPINO CHILD FROM ABUSE,
EXPLOITATION, TRAFFICKING AND ADOPTION PRACTICE THAT IS HARMFUL, DETRIMENTAL AND PREJUDICIAL TO THE BEST INTERESTS OF
THE CHILD;

g. TO INSTITUTE SYSTEMS AND PROCEDURES TO PREVENT IMPROPER FINANCIAL GAIN IN CONNECTION WITH ADOPTION AND DETER
IMPROPER PRACTICES WHICH ARE CONTRARY TO THIS ACT;

h. TO PROMOTE THE DEVELOPMENT OF ADOPTION SERVICES, INCLUDING POST-LEGAL ADOPTION SERVICES;

i. TO ACCREDIT AND AUTHORIZE FOREIGN PRIVATE ADOPTION AGECNIES WHICH HAVE DEMONSTRATED PROFESSIONALISM, COMPETENCE AND
HAVE CONSISTENTLY PURSUED NON-PROFIT OBJECTIVES TO ENGAGE IN THE PLACEMENT OF FILIPINO CHILDREN IN THEIR OWN COUNTRY;
PROVIDED, THAT SUCH FOREIGN ADOPTION AGENCIES ARE DULY AUTHORIZED AND ACCREDITED BY THEIR OWN GOVERNMENT TO CONDUCT
INTER-COUNTRY ADOPTION; PROVIDED HOWEVER, THAT THE TOTAL NUMBER OF AUTHORIZED AND ACCREDITED FOREIGN PRIVATE ADOPTION
AGENCIES SHALL NOT EXCEED ONE HUNDRED A YEAR.

j. TO TAKE APPROPRIATE MEASURES TO ENSURE CONFIDENTIALITY OF THE RECORDS OF THE CHILD, THE NATURAL PARENTS AND THE
ADOPTIVE PARENTS AT ALL TIMES;

k. TO PREPARE, REVIEW, MODIFY AND THEREAFTER, RECOMMEND TO THE DEPARTMENT OF FOREIGN AFFAIRS, MEMORANDA OF AGREEMENT
ON INTER-COUNTRY ADOPTION CONSISTENT WITH THE IMPLEMENTATION OF THIS ACT AND ITS STATED GOALS,
ENTERED INTO, BETWEEN AND AMONG FOREIGN GOVERNMENTS, INTERNATIONAL
ORGANIZATIONS AND RECOGNIZED INTERNATIONAL NON-GOVERNMENTAL
ORGANIZATIONS;

l. TO ASSIST OTHER CONCERNED AGENCIES AND THE COURTS IN THE IMPLEMENTATION OF THIS ACT, PARTICULARLY AS REGARDS
COORDINATION WITH FOREIGN PERSONS, AGENCIES AND OTHER ENTITIES INVOLVED IN HE PROCESS OF ADOPTION AND THE PHYSICAL
TRANSFER OF THE CHILD; AND

m. TO PERFORM SUCH OTHER FUNCTIONS ON MATTERS RELATING TO INTER-COUNTRY ADOPTION AS MAY BE DETERMINED BY THE PRESIDENT.

SECTION 5.MEETINGS.- The Board shall meet regularly or upon the call of the Chairperson. In the absence of the
Chairperson, the members present who constitute a quorum may choose a presiding officer from among themselves.  A
majority of all members of the Board shall constitute a quorum.  The Board may hold meetings in executive session.

SECTION 6.VOTING.- The Board shall act as a collegial body.  The vote of a majority of the members of the Board
constituting a quorum shall be necessary to perform its functions as provided in the Act.  The Chairperson of the
Board shall not vote in a meeting except to break a tie.

ARTICLE IV
SECRETARIAT

SECTION 7.EXECUTIVE DIRECTOR.- The Board shall have a Secretariat headed by an Executive Director who shall be
appointed by the Chairperson with the concurrence of a majority of the members of the Board.

SECTION 8.FUNCTIONS OF THE EXECUTIVE DIRECTOR.-The Executive Director shall act as the executive officer of the
Secretariat and shall exercise supervision over its personnel.  He/she shall act as the Secretary of the Board.

SECTION 9.QUALIFICATIONS OF THE EXECUTIVE DIRECTOR.-The Executive Director shall have the qualifications of a Director
IV, a master’s degree in Social Work or its equivalent in a related discipline, and at least five (5) years of
supervisory experience, two (2) years of which should be in the area of child care and placement.

SECTION 10.SUPPORT STAFF.-The Secretariat shall have such operating units and personnel as the Board may find
necessary for the proper performance of its function.

SECTION 11.FUNCTIONS OF THE SECRETARIAT.-The functions of the Secretariat shall include the following:

(a) Provide secretariat, records keeping and other services to the
Board and the Committee;

(b) Review, and process applications, matching proposals,
placements, and all documents requiring action by the Board;

(c) Maintain and facilitate communications with the Committee and the different government offices; non-governmental
agencies, Central Authorities (CAs); Foreign Adoption Agencies (FAAs) and in proper cases through the Department of
Foreign Affairs (DFA) or Philippine Foreign Service Posts and the general public;

(d) Review, AND PROCESS licensing, accreditation AND AUTHORTIZATION applications and status of agencies for action by
the Board;

(e) Perform such other duties as the Board may direct.

ARTICLE V
INTER-COUNTRY ADOPTION PLACEMENT COMMITTEE

        SECTION 12.COMPOSITION.-THE BOARD SHALL MAINTAIN A POOL FROM WHERE A STEERING COMMITTEE SHALL BE CHOSEN. This
Committee shall be composed of A POOL OF consultants consisting of the following representations: a child
psychiatrist or clinical psychologist, a medical doctor, a lawyer, a registered social worker, and a representative
of a non-governmental organization engaged in child welfare. Provided, that in every matching conference, there must
be a quorum.
        The Board shall appoint qualified persons who shall serve in the Committee for a term of two (2) years which may be
renewed twice at the discretion of the Board.

        SECTION 13.FUNCTIONS OF THE COMMITTEE.-The Committee shall have the following functions:

(a) Carry-out an integrated system and network of selection and 
matching of applicants and children;

(b) Recommend to the Board approval of applications and matching
proposals;

(c) Act as consultants to the Secretariat in their area/field of expertise;

(d) Assist the Board in its accreditation function; and

(e) Perform such other functions and duties as may be determined by the Board.

        SECTION 14.ALLOWANCES OF COMMITTEE MEMBERS.- A Committee member shall receive an honorarium WHICH SHALL BE DETRMINED
BY THE BOARD.

        SECTION 15.RULES AND PROCEDURES.- The Committee shall submit, for the approval of the Board, its internal rules and
procedures and any amendments thereafter.

        SECTION 16.MEETINGS.-The Committee shall meet regularly or upon the call of the Board.

ARTICLE VI
AUTHORIZATION AND ACCREDITATION

        SECTION 17.LOCAL CHILD CARING AND CHILD PLACING AGENCIES.-Only a local child caring and placing agency  licensed and
accredited by the Department and with personnel and facilities to undertake a comprehensive child welfare program
shall be accredited by the Board to participate in the inter-country adoption program. CHILD CARING AGENCIES/CHILD
PLACING AGENCIES SHALL ENSURE THEIR ACCREDITATION BY THE DEPARTMENT WITHIN ONE (1) YEAR FROM THE DATE OF ISSUANCE OF
THEIR REGISTRATION AND /OR LICENSE.

        SECTION 18.COOPERATION WITH CENTRAL AUTHORITIES AND AUTHORIZATION OF FOREIGN ADOPTION AGENCIES OF CONTRACTING
STATES.-The Central Authorities of Contracting States may adopt a system of cooperation to implement this process of
authorization.

Only a foreign adoption agency which is duly accredited by the Central Authority of a Contracting State may
participate in the Philippine Inter-Country Adoption Program. An authorization from the Board may be issued upon
submission of the requirements provided for in Section 18.

        The DESIGNATED Board MEMBER/S OR DULY AUTHORIZED REPRESENTATIVE/S OF THE BOARD may conduct an ocular visit to a
foreign adoption agency duly AUTHORIZED by the Central Authority of a Contracting State. THERE SHALL BE A PROCESS TO
DETERMINE IF THE AUTHORIZATION CAN BE DONE THROUGH DESK REVIEW OF SUBMITTED DOCUMENTS OR NEEDING AN OCULAR VISIT.

        SECTION 19.ACCREDITATION OF FOREIGN ADOPTION AGENCIES OF NON-CONTRACTING STATES.- A foreign adoption agency operating
in a Non-Contracting State shall be likewise required by the Board to submit the following documents for the purpose
of accreditation.

(a) A license and/or accreditation or authorization from its government to operate as an adoption agency to carry out
inter-country adoptions;

(b) Name and qualifications of the members of the Board of
Directors, senior officers and other staff involved in inter-country adoption;

(c) Detailed description of its programs and services,
researches and publications;

(d) Audited financial report including sources of funds,
adoption fees and charges;

(e) Undertaking under oath that it shall assume responsibility for the selection of qualified applicants; that it
shall comply with the Philippine laws on inter-country adoption; that it shall inform the Board of any change in the
foregoing information; and shall comply with post adoption requirements as specified by the Board; and

(f) Such other requirements which the Board may deem necessary in the best interests of the child.

        The abovementioned documents, written, and in the proper case officially translated to English, and whenever
practicable, authenticated by Philippine Consular authorities, shall be  submitted to the Board.

        The Board shall conduct an accreditation visit to foreign adoption agencies from a Non-Contracting State AS THE BOARD
SEES FIT.

        SECTION 20.RENEWAL OF AUTHORIZATION/ACCREDITATION.- The Board shall periodically review previously
AUTHORIZED/accredited foreign adoption agencies in order to ensure  that all pertinent requirements for inter-country
adoption are current and valid. An FAA shall notify the Board of their interest in renewing their
AUTHORIZATION/accreditation at least sixty (60) days before the expiration of their AUTHORIZATION/accreditation. The
AUTHORIZATION/accreditation visit by the Board shall be done periodically.

        SECTION 21. ACCREDITATION AND AUTHORIZATION COSTS - UPON APPLICATION FOR ACCREDITATION, AUTHORIZATION AND ITS
RENEWAL, THE FOREIGN ADOPTION AGENCY (FAA) SHALL PAY A NON-REFUNDABLE COST WHICH SHALL BE PRIMARILY UTILIZED FOR ALL
EXPENSES RELATIVE TO THE BOARD’S CONDUCT OF AN ACCREDITATION AND/OR AUTHORIZATION VISIT TO FOREIGN ADOPTION
AGENCY/IES OF CONTRACTING OR NON-CONTRACTING STATE. 

        SECTION 22.LIAISON SERVICES.-Only a non-profit licensed and accredited child caring or child placing agency shall be
allowed to serve as a representative of a foreign adoption agency subject to prior approval of the Board based on
specific requirements.

        The Board shall periodically review the liaison services of the agency and may terminate any such service when, after
a thorough evaluation, the agency is proven to have violated the requirements under these Rules.  The agency
concerned shall be given prior notice as provided for in Section 23.

ARTICLE VII
SUSPENSION OR REVOCATION
OF AUTHORIZATION OR ACCREDITATION

SECTION 23.GROUNDS.-The Board shall suspend or revoke the accreditation of a child caring or placing agency or foreign
adoption agency if shown to have engaged in any of the following acts:

(a) Imposing or accepting directly or indirectly any consideration, money, goods or services in exchange for an
allocation of a child in violation of the Rules;

(b) Misrepresenting or concealing any vital information required 
under the Rules;

(c) Offering money, goods or services to any member, official or employee, or representative of the Board, to give
preference in the adoption process to any applicant;

(d) Advertising or publishing the name or photograph of a
child for adoption to influence any person to apply for adoption. However, in cases of hard to place children where
Special Home Finding efforts may have to be undertaken, guidelines shall be promulgated by the Board.

(e) Failure to perform any act required under the Rules which results
in prejudice to the child or applicant;

(f) Appointing or designating any liaison or agent without the prior approval of the Board;

(g)  Any other act in violation of the provision of the Act, the IMPLEMENTING Rules AND REGULATIONS and other related
laws OR ISSUANCES OF THE BOARD.

        SECTION 24.WHO MAY INITIATE ACTION TO SUSPEND OR REVOKE AUTHORIZATION OR ACCREDITATION.-The Board, motu proprio, or
upon written complaint, or any information regarding any violation or irregularity, may order the initial inquiry of
an agency and upon being satisfied that the report, complaint or request for investigation has legal and factual
basis, shall furnish the agency concerned with the copy of the complaint or a brief statement of the report or
request and shall require the agency concerned to answer within fifteen (15) working days from receipt of notice.

        SECTION 25.PROCEEDINGS FOR SUSPENSION OR REVOCATION.-Upon receipt of the answer the Board shall conduct a hearing or
investigation and decide according to the evidence within 90 days therefrom. The DSWD shall be duly notified of the
formal investigation of a Child Caring or Placing Agency. FAILURE TO ANSWER WITHIN THE REQUIRED PERIOD SHALL BE
CONSIDERED AS GROUNDS FOR SUMMARY SUSPENSION OR REVOCATION OF THE ACCREDITATION/AUTHORIZATION OF A CHILD CARING
AGENCY, CHILD PLACING AGENCY OR FOREIGN ADOPTION AGENCY.

        SECTION 26.PREVENTIVE SUSPENSION.-The Board may preventively suspend for a maximum of 90 working days, any dealings
with the agency concerned during pendency of the investigation depending on the gravity of the violation charged,
provided that no child shall be prejudiced by such action.

        SECTION 27.ACTION OF THE BOARD.- Upon termination of the investigation, the decision of the Board shall be
communicated in writing to the agency concerned, the Department, the regulatory agency of the state or country where
the agency operates, and the Department of Foreign Affairs.

ARTICLE VIII
INTER-COUNTRY ADOPTION PROCESS

        SECTION 28.WHO MAY BE ADOPTED.-Any child who has been voluntarily or involuntarily committed to the Department as
dependent, abandoned or neglected pursuant to the provisions of the Child and Youth Welfare Code may be the subject
of Inter-Country Adoption; Provided that in the case of a child who is voluntarily committed, the physical transfer
of said child shall be made not earlier than six (6) months from the date of execution of the Deed of Voluntary
Commitment by the child’s biological parent/s or guardian. Provided further, however, that this prohibition against
physical transfer shall not apply to children being adopted by a relative nor to children with special medical
conditions.

        SECTION 29.WHO MAY ADOPT.-Any foreign national or Filipino citizen permanently residing abroad who has the
qualifications and none of the disqualifications under the Act may file an Application if he/she:

(a) Is at least twenty-seven (27) years of age and is at least sixteen (16) years older than the child to be adopted
at the time of the filing of the application, unless the applicant is the parent by nature of the child to be adopted
or is the spouse of such parent by nature;

(b) Has the capacity to act and assume all the rights and responsibilities incidental to parental authority under
his/her national law;

(c) Has undergone appropriate counseling from an accredited counselor in his/her country;

(d) Has not been convicted of a crime involving moral turpitude;

(e) Is eligible to adopt under his/her national law;

(f) Can provide the proper care and support and give the necessary moral values and example to the child and, in the
proper case, to all his/her other children;

(g) Comes from a country
(i)        With whom the Philippines has diplomatic relations;
(ii)        Whose government maintains a foreign adoption agency; and
(iii) Whose laws allow adoption; and

(h) Files jointly with his/her spouse, if any, who shall have the same qualifications and none of the
disqualifications to adopt as prescribed above.

        SECTION 30. APPLICANTS’ SUPPORTING DOCUMENTS.-Supporting documents to be attached to the Application shall consist of
the following:

(a) Birth Certificate of the Applicants and, in cases of relative adoption, such relevant documents that establish the
relationship between the applicant claiming relationship to the child  to be adopted;

(b) Marriage Contract of the applicants, and in the proper case, Decree of Divorce of a previous marriage;

(c)        Written consent to the adoption in the form of a sworn statement by the biological and/or adopted children of the
applicants who are ten (10) years of age or over;

(d)   Physical and medical evaluation by a duly licensed physician;

(e)        Psychological evaluation by a psychologist;

(f)        Latest income tax return or other documents showing the financial capability of the applicant;

(g)        Clearances issued by the Police Department or other proper
government agency of the place where the applicants reside;

(h)        Character reference from the local church/minister, the applicant’s employer and a member of the immediate
community who have known the applicant(s) for at least five (5) years; and

(i) A Certification from the appropriate government agency that the applicant is qualified to adopt under his/her
national law and that the child to be adopted is allowed to enter the country for trial custody and reside permanently
in the said place once adopted; and

(j) Recent postcard size pictures of the applicant, their immediate family members and their home.

SECTION 31. FEES, CHARGES AND ASSESSMENTS.- There shall be a fee TO BE DETERMINED BY THE BOARD upon filing of the
application for adoption. Upon acceptance of the matching proposal, a corresponding fee shall be charged based on a
schedule of fees fixed by the Board and communicated to all Central Authorities and Foreign Adoption Agencies. These
AND OTHER fees shall BE CHARGED TO support the operational expenses of the inter-country adoption program. Such fees,
charges and assessments shall be indicated in the application form and communicated to all Central Authorities and
foreign adoption agencies.

SECTION 32. WHERE TO FILE APPLICATION.- The application shall be filed with the Board through the Central Authority or
an  accredited  Foreign Adoption Agency (FAA) in the country where the applicant resides. In the case of foreign
nationals who file a petition for adoption in the Philippines under the Domestic Adoption Act of 1998 otherwise known
as RA 8552, the Court, after finding the petition to be sufficient in form and substance and a proper case for
inter-country adoption, shall immediately transmit the petition to the Board for appropriate action. The Board shall
then act on the application following the procedures described in these Rules.

SECTION 33.ROSTER OF APPROVED APPLICANTS.- THE BOARD SHALL ESTABLISH A ROSTER OF APPROVED APPLICANTS TO BE UPDATED
PERIODICALLY. The Board shall act on each application within one (1) month from receipt thereof, provided the
application is complete.

SECTION 34.ENDORSEMENT OF CHILD FOR INTER-COUNTRY ADOPTION.- A child who has been committed to the Department and who
may be available for inter-country adoption shall be endorsed to the Board by the Department.  The endorsement shall
contain a certification by the Department that all possibilities for adoption of the child in the Philippines have
been exhausted and that inter-country adoption is in the best interests of the child. 

         In cases of relative adoption, a Certification shall be issued by the DSWD Field Office Director together with the
Child Study Report (CSR) and other supporting documents.

SECTION 35.CHILD’S SUPPORTING DOCUMENTS.-The following documents pertaining to the child shall be attached to the
endorsement:

(a) Child Study and/or Updated Report prepared at the time of matching shall include information about the child’s   
                   identity identity, upbringing, and ethnic, religious and cultural backgrounds, social environment,
family history, medical history and special needs;

(b) Security Paper (SECPA) of the Birth or Foundling  Certificate;

(c) Certified True Copy of Decree of Abandonment together with the Certificate of Finality for such judgment or
Notarized Deed of Voluntary Commitment executed after the birth of the child;

(d) Certified True Copy of Death Certificate of child’s birthparent/s, if applicable;

(e) Medical evaluation or history, including that of the child’s bio-
-logical parents, if available, and updated medical abstract;

(f) Psychological evaluation report, as may be necessary;

(g) Child’s own written consent to adoption, if he/she is ten (10) years or older, witnessed by a social worker of the
Child Caring/Placing Agency and after proper counseling;

(h) Most recent whole body size picture of the child, if applicable, any physical impairment of the child should be
visible.

SECTION 36. ROSTER OF CHILDREN CLEARED FOR INTER-COUNTRY ADOPTION.-A Roster of Children endorsed by the Department for
inter-country adoption shall be prepared, maintained and updated by the Secretariat on a monthly basis. 

SECTION 37. MATCHING.-The matching of the child with an applicant shall be carried out during a matching conference by
the Committee TOGETHER WITH the Executive Director or social worker of the Child Caring Agency, DSWD RSCC SOCIAL
WORKER or the Secretariat. 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

(f) Motion for Reconsideration               

SECTION 38.APPROVAL OF MATCHING.-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 of the
placement.

SECTION 39.BOARD ACTION ON APPROVED MATCHING.-The Board shall immediately act on the matching proposal of the
Committee.  If the same is approved, a notice of matching shall be sent to the concerned Central Authority or foreign
adoption agency within five (5) days from the date of approval and shall be accompanied by the following documents:

(a) Child Study Report;

(b) Health Certificate and medical history of the child and psychological evaluation report, if applicable;

(c) A recent photograph of the child; and

(d)   Itemized pre-adoptive placement costs.

The applicant/s shall notify the Central Authority or Foreign Adoption Agency in writing of their 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 and/or they request for more time to arrive at a decision but not to exceed
thirty (30) calendar days. The matching proposal shall be deemed rejected if the applicant, through the Central
Authority or the foreign adoption agency, fails to notify the Board of his/her decision within thirty (30) calendar
days from receipt of the notice.

SECTION 40.NO CONTACT BETWEEN APPLICANT AND CHILD’S PARENTS.- 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.
This prohibition shall not apply in cases of adoption of a relative or in cases where the child’s best interests as
determined by the Board is at stake.

SECTION 41.PLACEMENT AUTHORITY.-The Board shall issue the Placement Authority within THREE (3) working days upon
receipt of the applicant’s acceptance of the matching proposal with the corresponding fees from the Central Authority
or the FAA.
       
The Board shall transmit a copy of the Placement Authority to the Department of Foreign Affairs and to the Central
Authority or FAA.

SECTION 42.PRE-ADOPTIVE PLACEMENT COSTS.- Upon acceptance of the matching proposal, the applicant, through the Central
Authority or the FAA shall pay the expenses incidental to the pre-adoptive placement of the child, including the cost
of the child’s travel, medical and psychological evaluation and other related expenses. 

SECTION 43.PRE-DEPARTURE PREPARATION OF THE CHILD.-After the issuance of the Placement Authority and prior to the
departure, the child shall be prepared for his/her placement by the concerned Child Caring/Placing Agency by providing
appropriate services in order to minimize the anxiety and trauma due to separation from the persons with whom the
child may have formed attachments. Further, the preparation shall ensure that the child is physically able and
emotionally ready to travel and to form new relationships.

SECTION 44.PHYSICAL TRANSFER OF THE CHILD.-The ADOPTIVE PARENTS OR ANYONE OF THEM shall personally fetch the child
from the Philippines not later than TWENTY (20) calendar days after notice of issuance of the visa of the child for
travel to the country where the applicant resides. The applicant shall stay in the country with the child for at least
five (5) days to allow bonding to occur between and among them.

SHOULD THE APPLICANTS BE UNABLE TO FETCH THE CHILD/REN WITHIN THE SAID PERIOD, A LETTER EXPLAINING SUCH SHALL BE
REQUIRED FROM THEM. The unauthorized failure of the applicant/s to fetch the child within said period may result in
the cancellation of the Placement Authority. 

SECTION 45.FAILURE OF THE PHYSICAL TRANSFER TO OCCUR.- In case the applicant/s decide not to pursue the adoption of
the child during the period of their stay in the country, they shall duly notify the Board and/or the child-caring
agency. Appropriate steps shall be undertaken by the Board to ensure that the best interests of the child is
protected.

The Board shall immediately inform the Central Authority and/or the FAA about the decision of the applicants to leave
the child/ren behind and that appropriate assessment and intervention will be provided for the applicants.

All travel documents of the child shall be turned over by the applicants to the Secretariat before returning to their
country. In accordance with Article 19 (3) of the Hague Convention, the applicants’ documents shall be returned to the
Central Authority or FAA concerned.

SECTION 46.TRANSFER OF CUSTODY OF THE CHILD.- Trial custody shall start upon physical transfer of the child to the
applicant who, as custodian, shall exercise substitute parental authority over the person of the child. 

SECTION 47.SUPERVISION OF PRE-ADOPTIVE PLACEMENT.- The Central Authority and/or the FAA of the State to which the
child has been transferred shall supervise and monitor the placement of the child with the applicants by maintaining
communication with the applicants from the time the child leaves the Philippines up to the time adoption is finalized.

The FAA shall be responsible for the pre-adoptive placement, care and family counseling of the child for at least six
(6) months from his/her arrival in the residence of the applicant/s.  During the pre-adoptive placement, the FAA shall
furnish the Board with QUARTERLY reports on the child’s health, psycho-social adjustment, relationship with the
applicant/s. The report shall also include information regarding the applicants’ health, financial status and legal
capacity. The Board shall furnish the child’s CCA a copy of each of these reports.

Relative adoptions are subject to the same requirements under this Section.

SECTION 48.EMERGENCY INTERVENTION AND REPORT.-During the trial custody period, the Central Authority and/or the FAA
shall immediately notify the Board of any serious ailment, injury or abuse suffered by the child or adoptive
parent(s).

In every case, the Central Authority and/or the FAA shall take the following measures to protect the child:

a) Medical/psychological interventions;

b) Emergency foster care; and

c) Respite care.

A report shall be submitted to the Board within seventy-two (72) hours, to include the nature of the injury and the
interventions provided. All efforts shall be exhausted to return the child to the applicant/s.

In the event that all efforts to restore the parent-child relationship between the child and the applicant/s fail,
Sections 50and 51 of these Rules shall apply.

SECTION 49. DISRUPTION AND TERMINATION OF PLACEMENT.- In the event of serious damage in the relationship between the
child and the applicant/s where the continued placement of the child is not in his/her best interests,  the Central
Authority and/or the FAA shall take the necessary measures to protect the child, in particular, to cause the child to
be withdrawn from the applicant/s and to arrange for his/her temporary care.

The Central Authority and/or FAA shall exhaust all means to remove the cause of the unsatisfactory relationship which
impedes or prevents the creation of a mutually satisfactory adoptive relationship. A complete report should be
immediately forwarded to the Board with actions taken as well as recommendations and appropriate plans. Based on the
report, the Board may terminate the pre-adoptive relationship.

In every instance, the collaboration between and among the Central Authority and/or the FAA and the Board shall be
carried out to ensure the protection of the child.

SECTION 50.NEW PLACEMENT FOR CHILD.- In the event of termination of the pre-adoptive relationship, the Board shall
identify from the Roster of Approved Applicants a suitable family with whom to place the child.  The Central Authority
and/or the FAA may also propose a replacement family whose application shall be filed for the approval of the Board.
No adoption shall take place until after the Board has approved the application of such replacement family.

Taking into consideration the age and degree of maturity of the child, he or she shall be consulted and, where
appropriate, his or her consent obtained.

In the entrustment of the child to a replacement family, Sections 41 and Sections 46-48 of these Rules shall apply.

A foster family who eventually decides to apply to adopt the child under their care shall comply with the requirements
of Sections 28-32 and Sections 36-38 of these Rules.

SECTION 51.REPATRIATION OF THE CHILD.- If the Board, in coordination with the Central Authority and/or the FAA is
unable to find a suitable placement for the child within a reasonable period after the termination of the pre-adoptive
relationship, the Board, as a last resort, shall arrange for the child’s repatriation.  THE ADOPTIVE PARENTS THROUGH
THE CA/FAA shall SHOULDER THE COST OF the child’s repatriation. 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.

SECTION 52.CONSENT TO ADOPTION.- If a satisfactory pre-adoptive relationship is formed between the applicant/s and the
child, the Board shall transmit an Affidavit of Consent to Adoption executed by the Department to the  Central
Authority and/or the FAA within FIFTEEN (15) days after receipt of the last post placement report.

SECTION 53.FILING OF PETITION FOR ADOPTION.-The Central Authority and/or the FAA shall ensure that the applicant/s
file the appropriate petition for the adoption of the child to the proper court or tribunal or agency in accordance
with their national law.

SECTION 54.DECREE OF ADOPTION.- A copy of the final Decree of Adoption or its equivalent, including the Certificate of
Citizenship/Naturalization, whenever applicable, shall be transmitted by the Central Authority and/or the FAA to the
Board within one (1) month after its issuance.  The copy of the Decree of Adoption shall form part of the records of
the Board, which shall require the recording of the final judgment in the appropriate Civil Registry.

SECTION 55.DISMISSAL OF PETITION FOR ADOPTION.- In case of dismissal or disapproval of the petition for adoption by
the foreign tribunal or agency filed by the applicant, the procedures under Sections 48, 49 and 50 shall apply.

SECTION 56.POST ADOPTION SERVICES.- The Board shall allocate funds for Post Adoption Services and Research. It shall
also establish guidelines to cover this program.

ARTICLE IX
CONFIDENTIALITY

SECTION 57.RECORDS.- All records relating to adoption cases and proceedings shall be kept confidential.  No
information thereof shall be released without written authority from the Board or from any of the following:

(a)         The adopted person of legal age;

(b)         The guardian of the adopted person if still a minor or
        under guardianship;

(d) The adopted person’s duly authorized representative;

(e) 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 adopted
person; or

(e)  The nearest of kin, e.g. spouse, parent(s), direct descendant(s), etc. in case of the death of the adopted person.

SECTION 58. PRESERVATION OF INFORMATION.- The Board shall ensure that information held by them concerning the origin
of the adopted person, in particular the identity of his/her biological parents, as well as his or her medical history
is preserved.
       
The Central Authority, the Competent Authority of a Contracting State, the FAAs and the Board shall ensure that the
adopted person or his or her representative has access to such information, under appropriate guidance, in so far as
is permitted by the law of that State.

Article X
PENALTIES

SECTION 59.- PENALTIES.- Any violation of the provisions of RA 8043 and/or these Implementing Rules and Regulations
shall be penalized in accordance with Art. IV Sections 16 and 17 of the Act.

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; or

(c) If the child to be adopted is subjected or exposed to danger, abuse
    and exploitation.

ARTICLE XI
FINAL PROVISIONS

SECTION 60.INTERPRETATION OF THE PROVISIONS OF THE RULES.- Any doubt or vagueness in the provisions of these Rules
shall be interpreted in consideration of the best interests of the child.

SECTION 61.REPEALING CLAUSE.- These Rules shall supersede any other rules and regulations on the Inter-country
Adoption of Filipino Children.

SECTION 62.SEPARABILITY CLAUSE.- The declaration of invalidity of any provision of these Rules or part thereof shall
not affect the validity of the remaining provisions.

SECTION 63.EFFECTIVITY CLAUSE.- These Amended Rules shall take effect fifteen (15) days after its publication in two
(2) newspapers of general circulation.

        Approved on the __________________in the year of the Lord Two Thousand and _________.

INTER-COUNTRY ADOPTION BOARD

ESPERANZA ICASAS-CABRAL
CHAIRPERSON

LUWALHATI F. PABLO
ALTERNATE CHAIRPERSON

MA. LYRA T. DEL CASTILLO                                     GWENDOLYN P. GANA
   Licensed Social Worker                                               Lawyer

MA. ANGELES P. FULLERTON                                ERIC HENRY JOSEPH F. MALLONGA
    NGO Representative                                                      Lawyer