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philippine inter-country adoption

July 12, 2009

FAQs on Adoption

1. Can a prospective adoptive parent choose the sex of the child to be adopted?

No, the adoptive applicants are no longer allowed to specify their gender preference. They should be open to either

gender.

2. How much are the fees?

The applicants are to bear the following costs incidental to the placement of the child (effective February 2007)

- Adoption Application Fee–$200.00 (non-refundable upon endorsement of the Adoption Application and Supporting

Documents)

- Processing Fee–US$2,000.00 for single placement. For sibling group of two or more, the processing fee will be

pegged at US$3,000.00

- Pre-travel Expenses– The cost of the passport, visa, medical examination, psychological evaluation, travel expenses

of the child within the Philippines and for abroad ( the cost varies on a country to country basis)

- US$1,000 Child Care Support Fund for the Child Caring Agencies

3. Is there a requirement to donate to the adoptive child’s orphanages?

A Child Care Support Fund (CCSF) in the amount of US$1,000 has been endorsed by the ICAB to be shared with the

adoptive parents with the adoptive child’s orphanage at the time of acceptance or fetching. The CCSF is in the form of an

international money order or international bank draft payable to the orphanage which the ICAB forwards to the concerned

orphanage of the child. This amount is not to be construed as payment for the child allocation but rather a support fund

for the care of the children left behind in the institutions or orphanage.

4. If you adopt a sibling group, do you pay one processing fee, or one fee for each child?

Effective February 2007, the fees for sibling groups is US$ 3,000.00 regardless of number of siblings.

5. What is the required age for the Adoptive Applicants?

It is a requirement in the Philippine Inter-Country Adoption Law that the adoptive applicants should be at least twentyseven

(27) years old and at least sixteen (16) years older than the child to be adopted at the time of application unless

the adoptor is the parent by nature of the child to be adopted or the spouse of such parent. The maximum age gap

between the child and prospective adoptive parents( particularly the female PAP) is 45 years.

6. Are there marital status requirements?

The applicants must be legally married for at least three (3) years. Single applicants are accepted for older children (6

years old & above) and children with special needs.

7. Will a health certificate be issued to the adopted child? If so what diseases will he or she be tested for? Will the child

be subject to AIDS testing?

Generally, children cleared for inter-country adoption have been tested and also received immunizations against

common childhood ailments while under the care and custody of Child Caring/Child Placing Agencies

Inter-Country Adoption Board (ICAB)

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(orphanages/institutions for children). However, children bound for inter-country adoption placement undergo visa

medical examination or health examination prior to the issuance of their entry visa if this is an immigration requirement of

the receiving country. To date, visa medical examinations include: blood testings, stool examination, urine test, skin test

for allergies, Tuberculin test for Primary Complex or pulmonary Tuberculosis, Hepatitis B (if requested) and HIV

Filipino children are not subjected to AIDS tests unless there are factors (e.g. child’s birthmother is a prostituted woman

with multiple partners, drug user, etc.) that would logically require the AIDS test to be done because it will be in the

child’s best interests.

8. How long is the processing time?

Adoption applicants that have substantive Home Study Report (HSR) and complete supporting documents are reviewed

and approved within one month from receipt of the adoption applicant/s’ dossier. On the other hand, adoption application

with lacking information and/or documents are reviewed and processed depending upon the submission/completion by

the Central Authority/Foreign Adoption Agency (CA/FAA) of the requested information and/or documents with the

corresponding delay in its approval.

The matching or child referral or allocation largely depends on the stated child preference (i.e. child’s age, gender and

state of health or extent of known background) of the Prospective Adoptive Parents (PAPs). This usually takes 1 to 2

years after the PAPs’ approval. Willingness to accept a special needs child generally shortens the waiting period for child

allocation

9. Is the adoption process transparent?

Yes, very transparent! The Central Authority representatives can come and visit the ICAB, may request the observation

of the Matching Conference, have dialogues with the ICAB Secretariat Social Workers, may schedule visits to the

different Child Caring/Placing Agencies or write, fax, email or courier us to Inquire, among others, on matters pertaining

to Prospective adoptive Parents (PAPs) application, the child being proposed to the PAPs and other inter-country

adoption concerns they wish to be clarified.

10. What are the legal guarantees of PAPs in the event the biological parents of the adopted Filipino child changes their

mind about the adoption?

- The children placed for inter-country adoption are those who are either involuntary committed by virtue of a Regional

Trial Court’s/Family Court’s Declaration of Abandonment (DA) or those who are voluntarily committed or relinquished by

their biological parent/s and legal guardian by virtue of a Deed of Voluntary Commitment (DVC) made out to the

Department of Social Welfare and Development (DSWD), the Philippine Competent Authority on adoption.

- The Involuntary Commitment is a judicial process that terminates the parental authority of the biological parent/s or

legal guardians.

- When a child has been voluntarily committed in writing by his/her biological parent/s or legal guardians to the custody

of the DSWD or any licensed Child Caring/Child Placing Agency, the rights of his/her biological parent/s guardians or

other custodian to exercise parental authority over him is severed. The biological parent/s guardian may petition for the

restoration of their parental rights and authority over the child within six months after the surrender (DVC) and provided

that the child has not left the country with the PAPs.

11. Is there a possibility that the Child will be taken away from the custody of the PAPs after the initial 6 months period?

The child may be taken away from the custody of the PAPs during the initial 6 months trial custody period if the CA/FAA

finds that the child or the PAPs or both find/s the pre-adoptive relationship to be unsatisfactory of if the CA/FA finds that

the continued placement of the child is not in the child’s best interest. Said relationship is suspended by the Board.

12. Are there many children available in the waiting child program and what are the circumstances?

We have a number of Special Needs Children- Special Home Finding of either sex or

Inter-Country Adoption Board (ICAB)

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- Older children whose age range is from 5 - 15 years old

- Children belonging to a sibling group of 3 or more

- Children found positive of Hepa B or HIV

- Children with minor medical conditions (cleft lip/palate, half or total blindness, hearing impaired, mild cerebral palsy,

etc.) developmental delays (language/speech, motor skills, etc.)

13. How long is typical for waiting for this program?

Generally, all our waiting children have been cleared for inter-country adoption placement and once the FAA notifies the

ICAB that a possible family is interested in a specific child/ren in the Special Needs Children - Special Home Findings

program, such a case/s is/are put on hold. The ICAB allows the FAA to complete and endorse the dossier of the SHF

adoption applicants within a 4 month period. The ICAB Secretariat Social Worker in charge of the SNC-SHF program is

mandated by the Board to present the case within one week after receipt of the application if the endorsed dossier of the

family has thorough and substantial information in the Home Study Report (HSR) and supporting documents are

complete and likewise, the dossier of the child is complete and updated. 14. Can the Prospective Adoptive Parent apply

directly with the ICAB? No. The application shall be filed and officially endorsed to the ICAB through the receiving

Country’s Central Authority, Government Adoption Agency or ICAB’s accredited Foreign Adoption Agency

in the place of residence of the applicant couple. 15. Can we pay the ICAB’s fee in personal checks or cash?

No, personal checks, travelers check or cash are not accepted. All payments or remittances of fees and other charges

shall be in US Dollars and in the form of company check or international money order or international bank draft made

payable to the ICAB. 16. How do foreign adoption agencies prepare prospective adoptive parents? Most adoption

applicants learn about adoption agencies through families who have adopted, through their own family, friends at works,

in church, in the community or through the internet. The prospective adoptive applicant touches base with the identified

adoption agency for their orientation/counseling on the requirements to be adoptive parents. Prospective Adoptive

Parents (PAPs) must attend a series of meetings or sessions that enable them to determine and discern if adoption can

be their choice of building their family especially for childless couples where inevitably, the issue of infertility must be

resolved. Once the choice is made, discerning from which country they would like to adopt requires another series of

learning sessions. Once a forma adoption application for the Philippine Inter-country Adoption Program is approved by

the adoption agency and endorsed to the ICAB, the PAPA are walked through the different stages of the adoption

process from the time of application up to securing of the child’s Adoption Decree/Citizenship and on to the post

adoption stage (e.g. Motherland Tour, Search for Roots, Reunion, etc.). 17. Can the Prospective Adoptive Parent

choose a particular/specific child to be adopted? No matching arrangement shall be made between the applicant and

the child’s parent/guardians or custodians nor shall any contact between them concerning a particular child to be

done before the matching proposal of the Committee has been approved by the Board. There are to date only two (2)

situations where the desire of the PAPs to adopt (a) particular pre-identified child/ren can be processed: a. Relative

adoption within the 4th degree of consanguinity b. Special Needs Children for Special Home Finding (SNC-SHF)

inclusive of a Medical Mission child who has been hosted by a family. 18. How does ICAB assist the adoptive

parents and adoptee in the post adoption life? The ICAB has established a post adoption service in cooperation with the

local Child Caring Agencies and the Central Authorities/Foreign Adoption Agencies or Government Adoption Agencies.

This program enables the exchange of communications/photos between and among, the adoption triad members as well

as facilitate the returning adopted child/ren and their adoptive parents visiting the country of birth of the adoptee

(Motherland Tour), looking into the child’s records, visiting the Child Caring Agency where the adoptee came

from, tracing or even seeking a reunion with birthparent/familyy. 19. What is the procedure for the post legal adoption

service? The ICAB requires that the Central Authority/Foreign Adoption Agency request in writing for the availment of

post adoption service in behalf of the adopted child/ren and their respective adoptive parents. If it is the birth family

(birthmother, birthparents, etc.) who wishes to touch base with their erstwhile child/ren, the concerned DSWD-Field

Office Regional Director request for such service on behalf of the birthfamily. The Post Legal Adoption

Assistance/Motherland Tour/Search for Roots entails one to 12 months of coordination (through phone, fax, e-mail, letter

writing and even very discreet tri-media announcements) between the ICAB, local partners (DSWD or Child Caring

Agency) and the Central Authority/Foreign Adoption Agency (CA/FAA). 20. What is Motherland Tour? The ICAB

suggests to the FAA some scenic, historic and meaningful places which are represents of the Philippines and which is

safe and secure enough to visit. The ICAB also coordinates with the local CCA for the schedule of the Motherland Tour,

retrieval of the child’s files and visitation. The ICAB coordinates and apprises, in writing, the CA/FAA/GAA on the

status of the “Motherland Tour”, schedules of meetings and itinerary of visitations. The ICAB prepares a

cultural program for the Motherland Tour group during their visit to the ICAB office where they meet the Board, the ICPC

and the Secretariat members and testimonies on how they were before and how they are now as adoptees/as adoptive

family are shared

21. Does ICAB undertake search and reunion? The letter received from the CA/FAA/GAA may include a request for the

tracing of birthparent/family and reunion. In such cases, the ICAB retrieves family/legal and/or medical documents and

schedules meeting and visitations to orphanages/institutions. In the meantime, it is obligatory that the searchee (be

he/she a minor or not) and the adoptive family of the minor undergo counseling first and this should be ascertained by

the FAA who processed the adoption with a confirmation letter attesting to such counseling sent to the Board. The ICAB

Inter-Country Adoption Board (ICAB)

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Lead Person/Social Worker on Post Legal Adoption Services coordinates with the Records Section of the ICAB as well

as with the parent agency – the Department of Social Welfare and Development (DSWD) for the retrieval and

review of the child’s/ren’s closed/archived files/records not only to cull out significant information on the

birthparent/family but to make these files accessible to the searchee.

Once the birthparents and family have been located, counseling is extended to determine the level of resolution by the

birthparents of their guilt/anxiety/apprehension over giving uptheir child for adoption, current circumstances,

understanding of the post adoption reunion, clarifications of expectations and preparation of the birthparent/s for the

possible reunion. (The setting up of a reunion depends on the willingness and preparedness of both the birthparent/s and

his/her family and the searchee/s and his/her adoptive parents, if the adoptee is a minor).

A reunion between the returning adopted child/ren and the traced birthparent/s is held under the supervision of a Board

Member, the Executive Director and the ICAB Lead Person

taken from icab(Philippine inter-country adoption board) hilman1108@yahoo.com

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PHILIPPINE DOMESTIC ADOPTION RULES

The Lawphil Project - Arellano Law Foundation
NEW RULE ON ADOPTION

RULE ON ADOPTION

A. DOMESTIC ADOPTION

Section 1. Applicability of the Rule. – This Rule covers the domestic adoption of Filipino children.

Section 2. Objectives. – (a) The best interests of the child shall be the paramount consideration in all matters relating to his care, custody and adoption, in accordance with Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and Internationally, and the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.

(b) The State shall provide alternative protection and assistance through foster care or adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this end, the State shall:

(i) ensure that every child remains under the care and custody of his parents and is provided with love, care, understanding and security for the full and harmonious development of his personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall adoption by an unrelated person be considered.

(ii) safeguard the biological parents from making hasty decisions in relinquishing their parental authority over their child;

(iii) prevent the child from unnecessary separation from his biological parents;

(iv) conduct public information and educational campaigns to promote a positive environment for adoption;

(v) ensure that government and private sector agencies have the capacity to handle adoption inquiries, process domestic adoption applications and offer adoption-related services including, but not limited to, parent preparation and post-adoption education and counseling;

(vi) encourage domestic adoption so as to preserve the child’s identity and culture in his native land, and only when this is not available shall inter-country adoption be considered as a last resort; and

(vii) protect adoptive parents from attempts to disturb their parental authority and custody over their adopted child.

Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as “legally available for adoption” and his custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the permanent placement of the child.

Section 3. Definition of Terms. – For purposes of this Rule:

(a) “Child” is a person below eighteen (18) years of age at the time of the filing of the petition for adoption.

(b) “A child legally available for adoption” refers to a child who 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 biological parents, or in case of rescission of adoption, his guardian or adopter(s).

(c) “Voluntarily committed child” is one whose parents knowingly and willingly relinquish parental authority over him in favor of the Department.

(d) “Involuntarily committed child” is one whose parents, known or unknown, have been permanently and judicially deprived of parental authority over him due to abandonment; substantial, continuous or repeated neglect and abuse; or incompetence to discharge parental responsibilities.

(e) “Foundling” refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil Register as a “foundling.”

(f) “Abandoned child” refers to one who has no proper parental care or guardianship or whose parents have deserted him for a period of at least six (6) continuous months and has been judicially declared as such.

(g) “Dependent child” refers to one who is without a parent, guardian or custodian or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody and is dependent upon the public for support.

(h) “Neglected child” is one whose basic needs have been deliberately not attended to or inadequately attended to, physically or emotionally, by his parents or guardian.

(i) “Physical neglect” occurs when the child is malnourished, ill-clad and without proper shelter.

(j) “Emotional neglect” exists when a child is raped, seduced, maltreated, exploited, overworked or made to work under conditions not conducive to good health or made to beg in the streets or public places, or placed in moral danger, or exposed to drugs, alcohol, gambling, prostitution and other vices.

(k) “Child-placement agency” refers to an agency duly licensed and accredited by the Department to provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents and preparing the adoption home study report.

(l) “Child-caring agency” refers to an agency duly licensed and accredited by the Department that provides 24-hour residential care services for abandoned, orphaned, neglected or voluntarily committed children.

(m) “Department” refers to the Department of Social Welfare and Development.

(n) “Deed of Voluntary Commitment” refers to the written and notarized instrument relinquishing parental authority and committing the child to the care and custody of the Department executed by the child’s biological parents or in their absence, mental incapacity or death, by the child’s legal guardian, to be witnessed by an authorized representative of the Department after counseling and other services have been made available to encourage the biological parents to keep the child.

(o) “Child Study Report” refers to a study made by the court social worker of the child’s legal status, placement history, psychological, social, spiritual, medical, ethno-cultural background and that of his biological family needed in determining the most appropriate placement for him.

(p) “Home Study Report” refers to a study made by the court social worker of the motivation and capacity of the prospective adoptive parents to provide a home that meets the needs of a child.

(q) “Supervised trial custody” refers to the period of time during which a social worker oversees the adjustment and emotional readiness of both adopters and adoptee in stabilizing their filial relationship.

(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor of science in social work as a minimum educational requirement and who has passed the government licensure examination for social workers as required by Republic Act No. 4373.

(s) “Simulation of birth” is the tampering of the civil registry to make it appear in the birth records that a certain child was born to a person who is not his biological mother, thus causing such child to lose his true identity and status.

(t) “Biological Parents” refer to the child’s mother and father by nature.

(u) “Pre-Adoption Services” refer to psycho-social services provided by professionally-trained social workers of the Department, the social services units of local governments, private and government health facilities, Family Courts, licensed and accredited child-caring and child-placement agencies and other individuals or entities involved in adoption as authorized by the Department.

(v) “Residence” means a person’s actual stay in the Philippines for three (3) continuous years immediately prior to the filing of a petition for adoption and which is maintained until the adoption decree is entered. Temporary absences for professional, business, health, or emergency reasons not exceeding sixty (60) days in one (1) year does not break the continuity requirement.

(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains in the Philippines and is in possession of a valid passport or travel documents and visa.

Section 4. Who may adopt. – The following may adopt:

(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:

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

(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or

(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. Who may be adopted. – The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily committed to the Department under Articles 154, 155 and 156 of P.D. No. 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.

Section 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.

Section 7. Contents of the Petition. – The petition shall be verified and specifically state at the heading of the initiatory pleading whether the petition contains an application for change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:

(a) The jurisdictional facts;

(b) That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral character; has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children; is at least sixteen (16) years older than the adoptee, unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent; and is in a position to support and care for his children in keeping with the means of the family and has undergone pre-adoption services as required by Section 4 of Republic Act No. 8552.

2) If the adopter is an alien, the petition shall allege the following:

(a) The jurisdictional facts;

(b) Sub-paragraph 1(b) above;

(c) That his country has diplomatic relations with the Republic of the Philippines;

(d) 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 his government allows the adoptee to enter his country as his adopted child and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the petition and he maintains such residence until the adoption decree is entered.

The requirements of certification of the alien’s qualification to adopt in his country and of residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that guardianship had been terminated and the guardian had cleared his financial accountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:

(a) one spouse seeks to adopt the legitimate child of the other, or

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse signified written consent thereto, or

(c) if the spouses are legally separated from each other.

5) If the adoptee is a foundling, the petition shall allege the entries which should appear in his birth certificate, such as name of child, date of birth, place of birth, if known; sex, name and citizenship of adoptive mother and father, and the date and place of their marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the change of name.

In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal or foundling certificate and school records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to be known and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Procedure.

Section 8. Rectification of Simulated Birth. – In case the petition also seeks rectification of a simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No. 8552 and the application for rectification of the birth registration and the petition for adoption were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own child.

Section 9. Adoption of a foundling, an abandoned, dependent or neglected child. – In case the adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege:

(a) The facts showing that the child is a foundling, abandoned, dependent or neglected;

(b) The names of the parents, if known, and their residence. If the child has no known or living parents, then the name and residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; and

(d) That the Department, child-placement or child-caring agency is authorized to give its consent.

Section 10. Change of name. – In case the petition also prays for change of name, the title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Section 11. Annexes to the Petition. – The following documents shall be attached to the petition:

A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee;

B. Affidavit of consent of the following:

1. The adoptee, if ten (10) years of age or over;

2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, child-caring agency, or the proper government instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and

5. The spouse, if any, of the adopter or adoptee.

C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to enter his country as his own adopted child unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the adoptee, if any.

Section 12. Order of Hearing. – If the petition and attachments are sufficient in form and substance, the court shall issue an order which shall contain the following:

(1) the registered name of the adoptee in the birth certificate and the names by which the adoptee has been known which shall be stated in the caption;

(2) the purpose of the petition;

(3) the complete name which the adoptee will use if the petition is granted;

(4) the date and place of hearing which shall be set within six (6) months from the date of the issuance of the order and shall direct that a copy thereof be published before the date of hearing at least once a week for three successive weeks in a newspaper of general circulation in the province or city where the court is situated; Provided, that in case of application for change of name, the date set for hearing shall not be within four (4) months after the last publication of the notice nor within thirty (30) days prior to an election.

The newspaper shall be selected by raffle under the supervision of the Executive Judge.

(5) a directive to the social worker of the court, the social service office of the local government unit or any child-placing or child-caring agency, or the Department to prepare and submit child and home study reports before the hearing if such reports had not been attached to the petition due to unavailability at the time of the filing of the latter; and

(6) a directive to the social worker of the court to conduct counseling sessions with the biological parents on the matter of adoption of the adoptee and submit her report before the date of hearing.

At the discretion of the court, copies of the order of hearing shall also be furnished the Office of the Solicitor General through the provincial or city prosecutor, the Department and the biological parents of the adoptee, if known.

If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General shall be mandatory.

Section 13. Child and Home Study Reports. – In preparing the child study report on the adoptee, the concerned social worker shall verify with the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of the social worker to register the adoptee and secure a certificate of foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and the documents in support thereof are valid and authentic, that the adopter has sincere intentions and that the adoption shall inure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity to adopt and that his government allows the adoptee to enter his country as his adopted child in the absence of the certification required under Section 7(b) of Republic Act No. 8552.

If after the conduct of the case studies, the social worker finds that there are grounds to deny the petition, he shall make the proper recommendation to the court, furnishing a copy thereof to the petitioner.

Section 14. Hearing. – Upon satisfactory proof that the order of hearing has been published and jurisdictional requirements have been complied with, the court shall proceed to hear the petition. The petitioner and the adoptee must personally appear and the former must testify before the presiding judge of the court on the date set for hearing.

The court shall verify from the social worker and determine whether the biological parent has been properly counseled against making hasty decisions caused by strain or anxiety to give up the child; ensure that all measures to strengthen the family have been exhausted; and ascertain if any prolonged stay of the child in his own home will be inimical to his welfare and interest.

Section 15. Supervised Trial Custody. – Before issuance of the decree of adoption, the court shall give the adopter trial custody of the adoptee for a period of at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. The trial custody shall be monitored by the social worker of the court, the Department, or the social service of the local government unit, or the child-placement or child-caring agency which submitted and prepared the case studies. During said period, temporary parental authority shall be vested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period or exempt the parties if it finds that the same shall be for the best interests of the adoptee, stating the reasons therefor.

An alien adopter however must complete the 6-month trial custody except the following:

a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

b) one who seeks to adopt the legitimate child of his Filipino spouse; or

c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the latter’s relative within the fourth (4th) degree of consanguinity or affinity.

If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-adoption placement authority issued by the Department, the court shall order that the prospective adopter shall enjoy all the benefits to which the biological parent is entitled from the date the adoptee is placed with him.

The social worker shall submit to the court a report on the result of the trial custody within two weeks after its termination.

Section 16. Decree of Adoption. – If the supervised trial custody is satisfactory to the parties and the court is convinced from the trial custody report and the evidence adduced that the adoption shall redound to the best interests of the adoptee, a decree of adoption shall be issued which shall take effect as of the date the original petition was filed even if the petitioners die before its issuance.

The decree shall:

A. State the name by which the child is to be known and registered;

B. Order:

1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary period within which to appeal;

2) the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the Civil Registrar where the child was originally registered within thirty (30) days from receipt of the certificate of finality. In case of change of name, the decree shall be submitted to the Civil Registrar where the court issuing the same is situated.

3) the Civil Registrar of the place where the adoptee was registered:

a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty (30) days from receipt of the certificate of finality;

b. to issue a certificate of birth which shall not bear any notation that it is a new or amended certificate and which shall show, among others, the following: registry number, date of registration, name of child, sex, date of birth, place of birth, name and citizenship of adoptive mother and father, and the date and place of their marriage, when applicable;

c. to seal the original certificate of birth in the civil registry records which can be opened only upon order of the court which issued the decree of adoption; and

d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within thirty days from receipt of the decree.

If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was registered, to annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered prepared by the Civil Registrar in accordance with the decree.

Section 17. Book of Adoptions. – The Clerk of Court shall keep a book of adoptions showing the date of issuance of the decree in each case, compliance by the Civil Registrar with Section 16(B)(3) and all incidents arising after the issuance of the decree.

Section 18. Confidential Nature of Proceedings and Records. – All hearings in adoption cases, after compliance with the jurisdictional requirements shall be confidential and shall not be open to the public. All records, books and papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is necessary for security reasons or for purposes connected with or arising out of the adoption and will be for the best interests of the adoptee, the court may, upon proper motion, order the necessary information to be released, restricting the purposes for which it may be used.

Section 19. Rescission of Adoption of the Adoptee. – The petition shall be verified and filed by the adoptee who is over eighteen (18) years of age, or with the assistance of the Department, if he is a minor, or if he is over eighteen (18) years of age but is incapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.

Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

 

Section 20. Venue. – The petition shall be filed with the Family Court of the city or province where the adoptee resides.

Section 21. Time within which to file petition. – The adoptee, if incapacitated, must file the petition for rescission or revocation of adoption within five (5) years after he reaches the age of majority, or if he was incompetent at the time of the adoption, within five (5) years after recovery from such incompetency.

Section 22. Order to Answer. – The court shall issue an order requiring the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. The order and copy of the petition shall be served on the adverse party in such manner as the court may direct.

Section 23. Judgment. – If the court finds that the allegations of the petition are true, it shall render judgment ordering the rescission of adoption, with or without costs, as justice requires.

The court shall order that the parental authority of the biological parent of the adoptee, if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated and declare that the reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.

The court shall further declare that successional rights shall revert to its status prior to adoption, as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

The court shall further order the Civil Registrar where the adoption decree was registered to cancel the new birth certificate of the adoptee and reinstate his original birth or foundling certificate.

Section 24. Service of Judgment. – A certified true copy of the judgment together with a certificate of finality issued by the Branch Clerk of the Court which rendered the decision in accordance with the preceding Section shall be served by the petitioner upon the Civil Registrar concerned within thirty (30) days from receipt of the certificate of finality. The Civil Registrar shall forthwith enter the rescission decree in the register and submit proof of compliance to the court issuing the decree and the Clerk of Court within thirty (30) days from receipt of the decree.

The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.

Section 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of the Rules of Court.

 

Posted by adrian at 8:08 am | permalink | comments[1]

DO NOT DRINK VITAMIN C IF YOU EAT SHRIMPS OR PRAWNS

How terrible.  Be careful.  We may have such combination some times & don’t even notice.

 

台灣，一名女人突然無緣無故的七孔流血暴斃，一夜之間，就奔赴黃泉大家下回可要多多注意囉！經過初步驗屍 . 斷定為因砒霜中毒而死亡。那砒霜從何而來？


Taiwan, a woman suddenly died unexpectedly with signs of bleeding from her ears, nose, mounth & eyes. After a preliminary autopsy it was diagnosed death due to arsenic poisoning death. Where did the arsenic come from? 

　　警員展開了深入而廣泛的調 查。一名醫學院的教授被邀趕來協助破案。 The police launched an in-depth and extensive investigation. A medical school professor was invited to come to solve the case. 

　　 教授仔細地察看了死者胃中取物，不到半個小時，暴斃之謎便 揭曉。教授 說：「死 者並非自殺，亦不是被殺，而是死於無知的『它殺』」！ The professor carefully looked at the contents from the deceased’s stomach, in less than half an hour, the mystery was solved. The professor said: ‘The deceased did not commit suicide and neither was she murdered, she died of accidental death due to ignorance!’ 

　　 大家莫名其妙，何為『它殺』！？那砒霜又是從 韟茖荂 H 
　 教授 說：「砒霜是在死者 腹 內 產生的。」死者生前每天也會服食「維他命 C 」，這完全沒有問題！問題出在她 晚 餐吃了大量的蝦，吃蝦本身也是沒有問題的，所以她的家人吃了都沒有事，但死者卻同時服用了「維他命 C 」，問題就出在這裡 ! 
Everyone was puzzled, why accidental death? The arsenic is of the U.S. military for carrying rice seedlings H Gao.  The professor said: ‘The arsenic is produced in the stomach of the deceased.’ The deceased used to take ’Vitamin C’ everyday, which in itself is not a problem. The problem was that she ate a large portion of shrimp/prawn during dinner. Eating shrimp/prawn is not the problem that’s why nothing happened to her family ever though they took the same shrimp/prawn. However at the same time the deceased also took ‘vitamin C’, that is where the problem is!  

 


美國芝加哥大學的研究人員，通過實驗發現，蝦等軟殼類食物含有大量濃度較高的 －五鉀砷化合物。

Researchers at the University of Chicago in the United States , found through experiments, food such as soft-shell shrimp/prawn contains a much higher concentration of - five potassium arsenic compounds.  


　　 這種物質食入體 內，本身對人體並無毒害作用！但是，在服用「維生素 C 」之後，由於化學作用，使原來無毒的－五鉀砷 ( 即砷酸酐，亦稱五氧化砷，其化學式為 As205) 
，轉變為有毒的三鉀砷 ( 即亞砷酸 酐 ) ，又稱為三氧化二砷，其化學式為 (As203) ，這就 是人們俗稱的砒霜 ! 
Such fresh food by itself has no toxic effects on the human body! However, in taking ‘vitamin C’, due to the chemical reaction, the original non-toxic - five potassium arsenic (As anhydride, also known as arsenic oxide, the chemical formula for As205) changed to a three potassium toxic arsenic (ADB arsenic anhydride), also known as arsenic trioxide, a chemical formula (As203), which is commonly known as arsenic to the public!


　　　　 砒霜有原漿毒作用，能麻痺細血管，抑制 巰基梅的活性，並使肝臟脂變肝小葉中心壞死，心、肝、腎、腸充血，上皮細胞壞死，毛細血管擴張。故中其毒而死者，常是 七竅出血。 
　　 所以；為慎重起見，在服用「維生素 C 」期間，應當忌食蝦類。 
Arsenic poisoning have magma role and can cause paralysis to the small blood vessels, “mercapto Jimei”??, inhibits the activity of the liver and fat necrosis change Hepatic Lobules Centre, heart, liver, kidney, intestine congestion, epithelial cell necrosis, telangiectasia. Therefore, a person who dies of arsenic poisoning will shows signs of bleeding from the ears, nose, mouth & eyes. 
Therefore; as a precautionary measure,
DO NOT not take shrimp/prawn when taking ’vitamin C’.


　　　看完後；請不要吝嗇的轉寄給您的親朋好友吧 !!
After reading this; please do not be stingy. Forward to your friends and family!!


Posted by adrian at 7:47 am | permalink | Add comment