INTER COUNTRY ADOPTION

-refers to the socio-legal process of adoption of a Filipino child by a Foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken and the decree of adoption is issued outside the Philippines.

- Governed by the Inter-Country Adoption Act and is implemented by the Inter Country Adoption Board.

- Procedure is governed by the Amended IRR of the Inter-Country Adoption Act approved January 8, 2004.

OBJECTIVES
1. To consider inter-country adoption as an alternative means of child care, if the child cannot be placed in a foster/adoptive family or cannot be cared for in the Philippines. 2. To assure that the child enjoys the same protection accorded to children in domestic adoption. 3. To ensure that the placement does not result in improper financial gain for those involved.

Best Interest Of the Minor

- Standard refers to the totality of the circumstances and conditions as are most congenial to the survival,

Who may be adopted?

Only a child legally available may be the subject of inter-country adoption (sec. 29). Child a person BELOW 15 years of age unless sooner emancipated by law.

Legally available child or Legallyfree child a child who has been voluntarily or involuntarily committed to the DSWD in accordance with the Child and Youth Welfare Code.

Who May Adopt?

1. An alien or a Filipino citizen permanently residing who is at least 27
years of age AND at least 16 years OLDER than the adoptee at the time of the application for adoption unless the adopter is the parent by nature of the child to be adopted or the spouse of such parents.
2. Other requirements are the same as with RA 8552.

Where to file?
1. A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found.
CONTENTS OF THE PETITION:
1. The petition must specifically allege the qualification of the adopter.
2. All documents written and officially translated in English in support of the claim are required to be attached to the petition. The courts, by merely going over the petition, may easily determine if it is indeed a proper case for inter-country adoption.

Duty of the Family Court

Determine the sufficiency of petition in respect to form and substance, if sufficient, the petition is transmitted to the Inter-Country Adoption Board who shall conduct the matching of the applicant with an adoptive child. After matchmaking/matching, the child is personally fetched by the applicant for the trial custody which takes place in the foreign country where he adopter resides.
Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship.

Where to File?
2. Directly with the Inter-Country Adoption Board through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive parents.
NOTE:

NO PUBLICATION REQUIRED

SUPERVISED TRIAL COUNTRY

Conducted in the country of adopter for at least 6 months and is mandatory before a decree of adoption is issued.

- If unsuccessful, the Board shall look for another prospective applicant. Repatriation of the child is to be resorted only as a last resort. If successful, the Board shall transmit a written consent for the adoption to be executed by the DSWD, and the applicant then files petition for adoption in his/her country.
DECREE OF ADOPTION IS ISSUED BY THE FOREIGN COURT.

EFFECTS OF ADOPTION
1. For civil purposes, the adopted child shall be deemed to be a legitimate child of the adoptioners and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child including the right of the adopted to use the surname of the adopters. 2. The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except, that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses.

3. The adopted shall remain intestate heirs of his natural parents and blood relatives.