INTER-COUNTRY ADOPTION

Republic Act No. 8043

Inter-Country Adoption Act of 1995
Inter-Country Adoption
The socio-legal process of adopting 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 in the Philippines. (Sec. 3 [a], RA 8043)
Inter-Country Adoption
Only a child legally available for adoption may be subject to inter-
country adoption.
(RA 9523, An Act Requiring the Certification of the DSWD to Declare a
Child Legally Available for Adoption)
WHO MAY ADOPT UNDER INTER-COUNTRY
ADOPTION?
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 counseling 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;
WHO MAY ADOPT UNDER INTER-COUNTRY
ADOPTION?
Filipino Citizens
7. Agrees to uphold the basic rights of the child as embodied under
Philippine laws, the UN Convention on Rights of the Child;
8. Residing in a country with whom the Philippines has diplomatic
relations;
9. At least 27 years of age at the time of the application;
10. At least 16 years older than the child to be adopted, 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.
WHO MAY ADOPT UNDER INTER-COUNTRY
ADOPTION?
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;
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;
WHO MAY ADOPT UNDER INTER-COUNTRY
ADOPTION?
Aliens
6. Eligible to adopt under his/her national law;
7. In the 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; and
8. Comes from the country with whom the Philippines has diplomatic
relations.