Who else wants to adopt?

Adoption in the Philippines can be very elaborate because the process involves social works and other professional services that are required in the placement of children in adoptive families. It comprises a lot of counselling and study for both the adoptive parent and child.

Before making a life-changing decision in your life you should consider the following information in connection with adoption.

There are three types of domestic adoption in the Philippines, namely:  i) Agency adoption; ii) Relative adoption and iii) Private adoption. Find out which is applicable to your circumstances.

Relative adoption is the easiest because this is where a biological parent merely makes a direct placement of his/her child to a relative of member of his/her extended family for adoption. On the other hand, Agency adoptions are those in which a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed. The adoptive families go through the process from application to finalization of the child's adoption under the auspices of the Department of Social Welfare and Development or a licensed child-placing agency. Through this type of adoption, the legal rights of the child, the parents who gave birth to the child and the parents who will adopt the child, are all equally protected

While private or independent adoptions could either be a direct placement to a family known by the child's biological parents or through the use of an intermediary or a go-between. In an intermediary placement, an individual knows of parents who want to have their child adopted and arranges such placement to a family or someone who wants to adopt.

What are the components of domestic adoption?

This is the process involved in domestic adoption.

·         - Recruitment of potential adoptive families who may provide a home to a child;

·         - Development of adoptive applicants as parents to a particular child in need of a home;

·         - Selection of a family who can best contribute to the total development of a particular child;

·         - Preparation of the child and family prior to placement to insure acceptance and readiness for the new relationship;

·         - Supervision of trial custody for at least six months to facilitate the child's adjustment in the family prior to the completion of adoption;

·         - Preparation for removal of the child from the adoptive home if the placement disrupts while alternative plans are being worked out;

·         - Finalization of adoption and termination of service with issuance of the final decree of adoption and amended birth certificate;

·         - Organization of groups of adoptive parents as part of support system; and

·         - Post-legal adoption counselling when adoptive family and adoptee need further counselling related to information about adoptee's background and search for his/her biological parents.

Who may be adopted?

 The law on adoption says that 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.

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 (4^th) 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.

4.    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.

5.            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.

What are the documentary requirements in Adoption?

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.

So if you are considering adoption, the process can be a lot easier for you if you know what to documents to prepare and how to go about the adoption step by step.