Ma. Hannah Louise L.

Bonilla

1.
DOMESTIC ADOPTION INTER-COUNTRY ADOPTION

Governing Laws
Governed by RA 8552, the Domestic Governed by RA 8043, the Inter-Country
Adoption Act of 1998; procedure Adoption Act of 1995; procedure
governed by AM No. 02-06-02-SC, Aug. governed by the Amended Implementing
22, 2002. Rules and Regulations on ICAA

Nature
Applies to domestic adoption of Filipino Applies to adoption of a Filipino child in a
children, where the entire adoption foreign country, where the petition for
process beginning from the filing of the adoption is filed, the supervised trial
petition up to the issuance of the custody is undertaken and the decree of
adoption decree takes place in the adoption is issued outside of the
Philippines Philippines.

Coverage
A child legally available for adoption. Only a legally free child may be adopted.
Requisites: Requisites:
a) Below 18 years of age; and a) Below 15 years of age; and
b) Judicially declared available for b) Has been voluntarily or involuntarily
adoption. committed to the DSWD in accordance
with PD 603.
Exceptions:
a) Legitimate son/daughter of one
spouse by the other spouse;
b) Illegitimate son/daughter by a
qualified adopter;
c) Person of legal age if, prior to the
adoption said person has been
consistently considered and treated by
the adopter/s as his/her own child since
minority.

Who May Adopt

A. Filipino Citizens
1) Of legal age;
2) In possession of full civil capacity and
legal rights;
3) Of good moral character;
4) Has not been convicted of any crime
A. Filipino Citizens
1) Permanent resident of a foreign
country; 2) Has the capacity to act and
assume all rights and responsibilities of
parental authority under Philippine laws;
3) Has undergone the appropriate
involving moral turpitude;
5) Emotionally and psychologically
capable of caring for children;
6) In a position to support and care for
his/her children in keeping with the
means of the family;
7) At least 16 years older than the
adoptee but this latter requirement may
be waived if (a) the adopter is the
biological parent of the adoptee; or (b)
the adopter is the spouse of the
adoptee‘s parent; and
8) Permanent resident of the Philippines.
B. Aliens
1) Same qualifications as above, and in
addition:
2) His/her country has diplomatic
relations with the Republic of the
Philippines;
3) His/her government allows the
adoptee to enter his/her country as
his/her adopted son/daughter;
4) Has been living in the Philippines for
at least 3 continuous years prior to the
filing of the application for adoption and
maintains such residence until the
adoption decree is entered; and
5) Has been certified by his/her
diplomatic or consular office or any
appropriate government agency that
he/she has the legal capacity to adopt in
his/her country. This requirement may
be waived if
(a) a former Filipino citizens seeks to
adopt a relative within the 4th degree of
consanguinity or affinity;
(b) one seeks to adopt the legitimate
son/daughter of his/her Filipino spouse;
(c) one who is married to a Filipino
citizen and seeks to adopt a relative
within the 4th degree of consanguinity or
affinity of the Filipino spouse.
counselling from an accredited counselor
in country of domicile;
4) Has not been convicted of a crime
involving moral turpitude;
5) Eligible to adopt under Philippine
laws;
6) In a position to provide the proper
care and support and to give the
necessary moral values and example to
all his children, including the child to be
adopted;
7) Agrees to uphold the basic rights of
the child as embodied under Philippine
laws, the UN Convention on Rights of
the Child, and to abide by the rules and
regulations issued to implement the
provisions of the ICAA;
8) Residing in a country with whom the
Philippines has diplomatic relations and
whose government maintains a similarly
authorized and accredited agency and
that adoption is allowed in that country;
9) Possesses all the qualifications and
none of the disqualifications provided in
the ICAA and in other applicable
Philippine laws;
10) At least 27 years of age at the time
of the application; and
11) At least 16 years older than the child
to be adopted at the time of application,
unless (a) adopter is the parent by
nature of the child to be adopted; or (b)
adopter is the spouse of the parent by
nature of the child to be adopted.
B. Aliens
1) At least 27 years of age at the time of
the application;
2) At least 16 years older than the child
to be adopted at the time of application
unless the adopter is the parent by
nature of the child to be adopted or the
spouse of such parent;
3) Has the capacity to act and assume all
rights and responsibilities of parental
authority under his national laws;
4) Has undergone the appropriate
counseling from an accredited counselor
 in his/her country;
5) Has not been convicted of a crime
involving moral turpitude;
6) Eligible to adopt under his/her
national law;
7) In a position to provide the proper
care and support and to give the
necessary moral values and example to
all his children, including the child to be
adopted;
8) Agrees to uphold the basic rights of
the child as embodied under Philippine
laws, the UN Convention on the Rights
of the Child, and to abide by the rules
and regulations issued to implement the
provisions of the ICAA;
9) Comes from a country with whom the
Philippines has diplomatic relations and
whose government maintains a similarly
authorized and accredited agency and
that adoption is allowed under his/her
national laws; and
10) Possesses all the qualifications and
none of the disqualifications provided in
the ICAA and in other applicable
Philippine laws.

Requirement of Joint Adoption by Spouses

General rule: husband and wife shall Rule: if the adopter is married, his/her
jointly adopt; otherwise, the adoption spouse must jointly file for the
shall not be allowed. adoption.
Exceptions:
1) If one spouse seeks to adopt the
legitimate son/daughter of the other;
2) If one spouse seeks to adopt his/her
own illegitimate son/daughter but the
other spouse must give his/her consent;
3) If the spouses are legally separated
from each other

Procedure
Where to file application: In the Family Where to file application: Either in (a)
Court of the province or city where the Family Court having jurisdiction over the
prospective parents reside. place where the child resides or may be
found, or (b) InterCountry Adoption
Board (ICAB) through an intermediate
agency, whether governmental or an

After filing: The petition shall not be set
for hearing without a case study report
by a licensed social work
Supervised Trial Custody:
a) Temporary parental authority is
vested in prospective adopter;
b) Period is at least 6 months, but may
be reduced by the court motu propio or
upon motion;
c) If adopter is alien, the law
mandatorily requires completion of the
6-month trial custody and may not be
reduced, except if: (1) a former Filipino
citizen seeks to adopt a relative within
4th degree of consanguinity or affinity;
(2) one seeks to adopt the legitimate
son/daughter of his/her Filipino spouse;
(3) one who is married to a Filipino
citizen and seeks to adopt jointly with
his/her spouse a relative within the
4th degree of consanguinity or affinity
of the Filipino spouse.
Decree of Adoption: Issued by
Philippine Family Court.
Consent Required:
Written consent of the following to the
adoption is required, in the form of
affidavit:
(1) adoptee, if 10 years of age or over;
(2) biological parent/s of the child, if
known, or the legal guardian, or the
proper government instrumentality
which has legal custody of the child;
authorized and accredited agency, in
the country of the prospective adoptive
parents.
After filing: (a) if filed in the FC, court
determines sufficiency of petition in
respect to form and substance, after
which, petition is transmitted to ICAB;
(b) if petition is already with ICAB, it
conducts matching of the applicant with
an adoptive child; (c) after
matchmaking, the child is personally
fetched by the applicant for the trial
custody which takes place outside of
the Philippines.
Supervised Trial Custody:
a) This process takes place outside of
the country and under the supervision
of the foreign adoption agency;
b) For a period of 6 months;
c) If unsuccessful, ICAB shall look for
another prospective applicant.
Repatriation of the child is to be
resorted only as a last resort;
d) If successful, ICAB transmits a
written consent for the adoption to be
executed by the DSWD, and the
applicant then files a petition for
adoption in his/her country.
Decree of Adoption: Issued by a foreign
court.
Consent Required:
(1) Written consent of biological or
adopted children above 10 years of age,
in the form of sworn statement is
required to be attached to the
application to be filed with the FC or
ICAB;
(2) If a satisfactory pre-adoptive
relationship is formed between the
 (3) legitimate and adopted sons or applicant and the child, the written
daughters, 10 years of age or over, of consent to the adoption executed by
the adopter/s and adoptee, if any; the DSWD is required.
(4) illegitimate sons/daughters, 10
years of age of over, of the adopter if
living with said adopter and the latter‘s
spouse, if any; (5) spouse, if any, of the
person adopting or to be adopted.

2.
GUARDIANSHIP TRUSTEESHIP ADMINISTRATION
Persons Vested with Authority
Guardian Trustee Administrator
Nature
involves a person involves a trustee who is one wherein a person is
lawfully invested with acts as instrument or appointed by the court to
power and charged with agent of the cestui que administer the estate
the duty of taking care of trust, who acquires no where the decedent died
a person who for some beneficial interest in the intestate, or where the
peculiarity or status or estate; he merely took will was void and not
defect of age, the legal estate as the allowed to probate, or
understanding or self- proper execution of the where no executor was
control is considered trust required; and, his named in the will, or the
incapable of administering estate ceases upon the executor named therein is
his own affairs. fulfilment of the testator‘s incompetent or refuses to
wishes, in which case, the serve as such
same vests absolutely in
the beneficiary.
Grounds for Removal
1. Insanity; 1. Insanity; 1. Neglect to render an
2. Incapability or 2. Incapability of account and settle the
unsuitability of discharging trust or estate according to law;
discharging his trust; evidently unsuitable 2. Neglect to perform an
3. Wastage and therefor; order or judgment of the
Mismanagement of the 3. Neglect in the court;
property of the ward; performance of his duties; 3. Neglect to perform a
4. Failure to render an 4. Breach of trust duty expressly provided
account or make a return displaying a want of by these rules;
for 30 days after it is due fidelity, not mere error in 4. Absconds, or becomes
to the court the administration of the insane, or otherwise
trust; incapable or unsuitable to
5. Abuse and discharge trust;
abandonment of the 5. Fraud or
trust; misrepresentation.
6. Refusal to recognize or
administer the trust;
7. Failure or neglect or
impropriety in investment
of the trust estate as to
give rise to waste of trust
property;
8. Failure to file accounts,
and failure of one co-
trustee to keep himself
informed of the conduct
of the other in the
administration of the
trust.