GROUP 2

Members:
Ailyn Flores Glenn Justin Acierto
Love Vine Lavador Rick Loi Moral
Julie Magdalene Engbino Jose Renante Manticahon
Diana Brillas Domie Phil Alejandrino
Joielyn Barasbaras Zenon Rachiel Alenton
Virginia Batosalem

Hague Adoption Convention

The Hague Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption, often referred to as the Hague Adoption Convention, is an
international treaty established to safeguard the best interests of children, prevent the
abduction, sale, or trafficking of children, and ensure that intercountry adoptions are
conducted ethically and transparently.
The States signatory to the present Convention,
1. Recognizes that the child, for the full and harmonious development of his or her
personality, should grow up in a family environment, in an atmosphere of happiness,
love and understanding.
2. Recalls that each State should take, as a matter of priority, appropriate measures to
enable the child to remain in the care of his or her family of origin.
3. Recognizes that intercountry adoption may offer the advantage of a permanent family
to a child for whom a suitable family cannot be found in his or her State of origin.
4. Convinced of the necessity to take measures to ensure that intercountry adoptions
are made in the best interests of the child and with respect for his or her fundamental
rights, and to prevent the abduction, the sale of, or traffic in children.
5. Desires to establish common provisions to this effect, taking into account the
principles set forth in international instruments, in particular the United Nations
Convention on the Rights of the Child and the United Nations 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.
What are the main goals of the Hague Adoption Convention?
a. To establish safeguards to ensure that intercountry adoptions take place in the best
interests of the child and with respect for his or her fundamental rights as recognized
in international law;
b. To establish a system of co-operation amongst Contracting States to ensure that
those safeguards are respected and thereby prevent the abduction, the sale of, or
traffic in children;
c. To secure the recognition in Contracting States of adoptions made in accordance
with the Convention.
How does the convention aim to protect the best interests of the child in intercountry
adoption?
The Hague Adoption Convention gives effect to Articles 3 and 21 of the UNCRC, which
provide that the best interests of the child should be the paramount consideration in
adoption.
For example,
1. Contracting Parties should give due consideration to the principle of subsidiarity;
‘Subsidiarity’ means that Parties recognize that a child should be raised by their birth
family or extended family whenever possible. If that is not possible, other forms of
permanent family care in the State of origin should be considered. Only after due
consideration has been given to suitable national solutions should intercountry
adoption be considered, and then only if it is in the child’s best interests. Institutional
care should generally be considered a last resort for a child in need of a family.
2. Ensure that the consent of the mother is only given after the birth of the child;
3. Ensure that the child is adoptable and prospective adoptive parents are eligible and
suitable to adopt; and
4. Preserve information about the child and child’s parents.
The child's best interests should guide the child protection system; if intercountry adoption is
needed as part of such a system, it should be ethical and child-centered.
What are the key provisions of the convention regarding adoption procedures and
safeguards?
The convention requires that all countries who are parties to it shall designate a Central
authority to be the authoritative source of information and point of contact of that country that
is empowered to communicate with other central authorities, exercise oversight of the
intercountry adoption process, and oversee or conduct the accreditation of agencies and
authorization of competent bodies such as foreign adoption services.
The convention aims to prevent the abduction, sale of or trafficking of children and it works
to ensure that intercountry adoption works only for the best interest of the child.
The convention recognizes the intercountry adoption as a means of offering the advantage
of a permanent home to a child when a suitable family has not been found in the child’s
country of origin.
It enables intercountry adoption to take place among others, that the child has been eligible
for adoption by the child’s country of origin and that due consideration has been given in
finding an adoption placement for the child in its country of origin.
The convention provides for recognition by other party country of adoptions made in
accordance with the convention.
How does the convention address issues such as consent, transparency, and post-
adoption rights?
While the Convention primarily focuses on the protection of children in the context of
intercountry adoption, it does address issues such as consent, transparency, and post-
adoption rights.
Consent
The Hague Convention emphasizes that the adoption process should be carried out with the
informed and voluntary consent of all parties involved, including the birth parents, the
prospective adoptive parents, and, when applicable, the child.
Before an adoption can proceed, the competent authorities must ensure that the birth
parents or legal representatives have given valid and informed consent to the adoption, and
they should be provided with all necessary information about the consequences of the
adoption.
Transparency
Transparency is a key principle of the Hague Convention. It requires that information about
the child, the birth family, and the adoptive family be made available to all parties involved in
the adoption process. This information is crucial for making informed decisions and ensuring
the best interests of the child.
Central Authorities in the countries involved are responsible for facilitating communication
and the exchange of information between the competent authorities, adoption service
providers, and other parties involved in the adoption process.
Post-adoption Rights
The Convention recognizes the importance of post-adoption information and communication.
It encourages countries to establish mechanisms for exchanging information about the
child's health, well-being, and development after the adoption.
Post-adoption rights are acknowledged as a means of maintaining connections between the
child and the country of origin, enabling the child to access information about their heritage
and facilitating potential contact with birth relatives, if agreed upon by the parties involved.
In summary, the Hague Adoption Convention addresses issues of consent, transparency,
and post-adoption rights by promoting ethical practices, ensuring that all parties involved are
adequately informed, and emphasizing the best interests of the child throughout the
adoption process. Each member country that is a party to the Convention is responsible for
implementing its principles and ensuring compliance with its provisions within its legal
framework.
How does the Hague Adoption Convention align with the principles of the UNCRC?
The Hague Adoption Convention and the UN Convention on the Rights of the Child (CRC)
are distinct international instruments with differing focuses and purposes, both addressing
issues related to children. However, there are complementary connections in the promotion
of the well-being and rights of children. Specifically, in the Hague Adoption Convention:
a. The Hague Adoption Convention aims in the establishment to safeguard and ensure
in the facilitating in international adoptions is prioritizing the well-being of the children
and preventing instances of child abduction, sale, or trafficking. Procedures and
standards are established in the adoption process without deviating with the primary
goal.
b. The Hague Adoption Convention focuses specifically on intercountry adoption
procedures, the CRC provides a broader framework for promoting and protecting the
rights of children in all aspects of their lives. There are areas of alignment between
the two conventions:
c. Although, both conventions prioritize the best interests of the child, the Hague
Adoption Convention emphasizes that intercountry adoptions should be focused in
 the child's best interests, and as a general principle, all actions and decisions
concerning children considering their best interests.
d. Hague Adoption Convention complements the Right to a Family Environment aligned
with the CRC recognizing the right of the child to live with their parents whenever
possible and emphasizes the importance of maintaining a child's ties to their family.
This ensures that intercountry adoptions are considered only when it is in the child's
best interests and other options have been exhausted.
e. Both conventions aim to protect children from exploitation, abuse, and trafficking. The
Hague Adoption Convention establishes measures to prevent illicit practices in
intercountry adoption, and the CRC addresses broader issues of protection from
various forms of exploitation.
In summary, Hague Adoption Convention specifically addresses intercountry adoption
procedures, with principles aligned with the broader principles of the UN Convention on the
Rights of the Child. Both conventions focus the best interests of the child, protection from
exploitation, and the importance of maintaining family ties when considering decisions
affecting children. It focuses on recognizing the significance of preserving family ties when
making decisions that impact children.
What is the status of intercountry adoption in the Philippines, and how does it relate
to the principles outlined in the Hague Adoption Convention?
The Hague Convention on the Protection of Children and Co-operation in Respect of
Intercountry Adoption is an international agreement to safeguard intercountry adoptions.
Concluded on May 29, 1993 in The Hague, the Netherlands, the Convention establishes
international standards of practices for intercountry adoptions.
Because of the developments, Philippines was bound to craft a law for Inter-Country
Adoption. There were apprehensions, however, due to the issues of child abuse, trafficking,
or exploitation. Thus, the clamor for an Inter-Country Adoption law that could protect the
rights of potential Filipino children who are potential adoptees became stronger. This led to
“a multi-sectoral effort at curtailing illegal practices perpetrated by individuals or syndicates”
and eventually led to the passage of RA 8043 or The Inter-Country Adoption Act of 1995, “An
Act Establishing The Rules To Govern Intercountry Adoption Of Filipino Children, And For
Other Purposes.”
It is only on January 8, 1996, however, that the Hague Convention on the Protection of
Children and Cooperation in Respect of Inter-Country Adoption was ratified by the Philippine
Senate.
On January 6, 2022, the passage of RA 11642 “An Act Strengthening Alternative Child Care
By Providing For An Administrative Process Of Domestic Adoption, Reorganizing For The
Purpose The Inter-Country Adoption Board (ICAB) Into The National Authority For Child
Care (NACC), Amending For The Purpose Republic Act No. 8043, Republic Act No. 11222,
And Republic Act No. 10165, Repealing Republic Act No. 8552, And Republic Act No. 9523”
Or simply known as “Domestic Administrative Adoption and Alternative Child Care Act.” This
new law sought to simplify the adoption process further, making changes in the existing
approach to make it less tedious and costly to ensure the best interest and future of the
Child. The law created the National Authority for Child Care (NACC) which shall exercise
powers and functions relating to alternative child care, including the declaration of a child
legally available for inter-country adoption.
However, it is emphasized in RA 8043 as well as in RA 11642 that Inter-Country Adoption
must be the last resort. The Inter-Country Board shall ensure that all possibilities for
adoption of the child under the Family Code have been exhausted and that inter-country
adoption is in the best interest of the child. Towards this end, the Board shall set up the
guidelines to ensure that steps will be taken to place the child in the Philippines before the
child is placed for inter-country adoption.
The policy of the State is to ensure that every child remains under the care and custody of
the parents and be provided with love, care, understanding, and security towards the full and
harmonious development of the child’ personality. Only when such efforts prove insufficient
and no appropriate placement or adoption by an unrelated person be considered.
The best interest of the child shall be the paramount consideration in the enactment of
alternative care, custody, and adoption policies. It shall be in accordance with the tenets set
forth in all the rights of the child enumerated under
a. Article 3 of Presidential Decree No. 603, otherwise known as the “Child and Youth
Welfare Code”;
b. the “United Nations Convention on the Rights of the Child (UNCRC)”;
c. the “United Nations Guidelines on Alternative Care of Children”; the “United Nations
Declaration on Social and Legal Principles Relating to the Protection and Welfare of
Children with Special Internationally’; and
d. the “Hague Convention on the Protection of Children and Cooperation in Respect of
Inter-Country Adoption”.
Additional Important Information before the Hague Convention on Intercountry Adoption:
1. Act 3094 (An Act to Confer Certain Powers Upon Institutions For The Care of
Orphan, Homeless, Neglected, or Abused Children), promulgated on 16 March 1923,
was the first law that enabled foreigners to adopt Filipino children.
2. By 1975, the legal basis for Inter-Country Adoption was the Child and Youth Welfare
Code (PD 603). The Code “allowed non-resident aliens to adopt locally through the
Philippine courts, provided that they are not disqualified from adopting according to
the laws of their home country and that their country is one which the Philippines had
diplomatic ties with”. Eventually, this led to the implementation of the Rules and
Regulation on Foreign Adoption in 1976, which vested the Director of Social Services
with the authority to approve a Child’s adoption in a foreign country; based on
recommendations of the National Placement Committee. This was an administrative
process, as opposed to the Child and Youth Welfare Code which only provides for
judicial or in-court proceedings.
3. In 1986, through Executive Order 913 amendments to the Child and Youth Welfare
Code were made. The changes provided strict residency requirements for non-
resident aliens seeking to adopt within the country.
4. In 1988, the Family Code further limited the rights of foreigners to adopt, barring
aliens from adopting with certain exceptions prior to promulgating the rules on Inter-
Country Adoption.
5. Before the Hague Convention on Inter-Country Adoption, the Philippines ratified on
September 1990 the UN Convention on the Rights of the Child on 02 September
1990. Article 4 therein states that “Parties shall undertake all appropriate legislative,
administrative and other measures for the implementation of the rights recognized in
the present Convention.”