44THTH Asia Pacific Regional Conference of the HccH Asia Pacific Regional Conference of the HccH26 October 201126 October 2011Mandarin Oriental Hotel Mandarin Oriental Hotel Manila, PhilippinesManila, Philippines

DISTINCTIVE CHARACTERISTICS OF THE PHILIPPINE INTERCOUNTRY ADOPTION PROCESS

BackgroundBackground

29 May 1993 Signing of the ‘93 Convention 29 May 1993 Signing of the ‘93 Convention

7 June 1995 Philippine Congress passes RA 8043 (Intercountry 7 June 1995 Philippine Congress passes RA 8043 (Intercountry Adoption Act of 1995)Adoption Act of 1995)

26 December 1995 – The Implementing Rules and Regulations on 26 December 1995 – The Implementing Rules and Regulations on RA 8043 are passed.RA 8043 are passed.

8 January 2004 – Amendment of the Implementing Rules and 8 January 2004 – Amendment of the Implementing Rules and RegulationsRegulations

2 July 1996 Deposit of the Instrument of Ratification 2 July 1996 Deposit of the Instrument of Ratification

1 November 1996 Entry into force of the ‘93 Convention1 November 1996 Entry into force of the ‘93 Convention

Principle of Subsidiarity

CommunityChild Caring Agencies Child Caring Agencies

Central Local Matching at DSWDCentral Local Matching at DSWD

UnmatchedMatchedMatched

Domestic Adoption

RA 8552RA 8552

Domestic Adoption

RA 8552RA 8552

Issuance of Clearance for Inter-country

Adoption and endorsement to ICAB

Issuance of Clearance for Inter-country

Adoption and endorsement to ICAB

DSWD issuance of Certificate of Adoptability RA 9523

DSWD issuance of Certificate of Adoptability RA 9523

RA 9523

Requirements for the issuance of Certificate that child is legally available for adoption

1. Social Case Study Report

2. Proof of efforts to locate parents

a. Written certification of media of the airing on three different occasions

b. Publication in a newspaper of general circulation

c. Returned registered mail to the last known address of parents/relatives

3. Birth certificate

4. Recent photograph of child upon admission to agency

RA 8552Who may adopt

• Any alien possessing the following qualifications:

•In possession of full civil capacity•Good moral character•Not convicted of any crime involving moral turpitude•Emotionally capable•16 years older than adoptee•Financial capacity•Country has diplomatic relations with the Philippines

Requirements waived for relative adoptions within the 4th degree:

• Living in the Philippines for 3 continuous years prior to filing and maintains residence until adoption decree is entered• Certified by diplomatic/consular/appropriate government agency of

• legal capacity to adopt• adoptee may enter country as an adopted son/daughter

Gap in RA 8043

• ICAB law grants jurisdiction to ICAB to place children fifteen (15) years and below only

• Children aged 15 to 18 must go to the regular courts for adoption

DSWD Issues ICA Clearance

Dossier of Child forwarded to ICAB

ICAB Secretariat Reviews & Assesses Suitability and Eligibility for Inclusion in

Roster of Cleared Children (ROCC) and Roster of

Children for Matching (ROCM)

ICAB Secretariat Notifies CCA on

Pre-Matching/Matching Conference Schedule

If info/data complete/substantive - Inclusion of

Child/ren in ROCM

If info/data incomplete/non-

substantive: Inclusion in ROCC

but request additional info

Upon completion of requested

additional info, inclusion in ROCM

88

Screening of Adoptive ParentsScreening of Adoptive Parents

Review of Home Study Report & Supporting Documents

(Secretariat and ICPC)

Approval by ICAB

Applications receivedBy ICAB

Applications Received fromOther Sources

Deferment of Approval by ICAB

(Awaiting additional Info/SDs)

Disapproval by ICAB

Elevation to ICA Board for approvalPAPs’ dossier

ICAB screens Applications from Appropriate Central Authority/Phil. Accredited

FAA

ICAB screens Applications from Appropriate Central Authority/Phil. Accredited

FAA

CA/FAA Submits Additional Info/SDs

ENTRY TO ROSTER OF APPROVED

APLLICANTS (RAA)

Dossier Returned to CA/

FAA

99

Composition of the Board

Secretary of the DSWD Corazon Juliano Soliman is the Ex-officio chairperson of the ICAB and has designated Undersecretary Alicia Bala as the Alternate Chairperson

ICAB FlowchartICAB Flowchart

1010

Child cleared for ICA

Approved PAPs

Secretariat & INTERCOUNT

RY PLACEMENT COMMITTEE

Matching Conferences

Action of the Board: Approval/ Disapprov

al

Disapproval – notify CCA; rematching

Approval – notify CCA/

endorse Matching

Proposal to FAA

Acceptance/Non-

acceptance

Not Accepted: notify CCA; for

endorsement to 2nd PAP if

available or rematching

Accept: Issue PLACEMENT

AUTHORITY and Process Travel Documents

6 mo. Trial custody Period – 3

Post Placement Reports

Post Legal Adoption Services

(Motherland Tour, Search &

Reunion)

Issuance of Affidavit of Consent to Adoption &

Finalization of Adoption

POST ADOPTIONPOST ADOPTION

Motherland TourMotherland Tour Request for InformationRequest for Information Search and ReunionSearch and Reunion

Of legal age as defined by receiving countryOf legal age as defined by receiving country Emotional maturityEmotional maturity

Exception: emotional well beingException: emotional well being

Authorization of Foreign Authorization of Foreign PartnersPartners

License to operate an adoption agency With authority to process international adoptionsHas a proven track record of at least five (5) yearsGoverning board and administrative staff –competent and responsible child welfare oriented leadersAudited financial statements of at least the past three (3) yearsA physical office

RE-ACCREDITATION/ RE-ACCREDITATION/ AUTHORIZATION OF FOREIGN AUTHORIZATION OF FOREIGN PARTNERSPARTNERS

Compliance with requests to temper quality Compliance with requests to temper quality and number of applications sentand number of applications sent

Disruptive placementsDisruptive placements Timely submission of reportsTimely submission of reports Capacity and willingness to place children with Capacity and willingness to place children with

special needsspecial needs Children with disabilitiesChildren with disabilities Negative backgroundNegative background

AbusedAbused From incestuous relationsFrom incestuous relations

Older Children 9 to 18 yearsOlder Children 9 to 18 years

LIAISON AGENCIESLIAISON AGENCIES Local presence not requiredLocal presence not required Duties:Duties:

Assists in securing additional information and documents prior to Assists in securing additional information and documents prior to matchingmatching

Endorsement of documentsEndorsement of documents Assists in transfer of children from provincesAssists in transfer of children from provinces Assists in emotional and psychological preparation of childrenAssists in emotional and psychological preparation of children Facilitation/coordination in the adoptive parents travel itineraryFacilitation/coordination in the adoptive parents travel itinerary Assists in the family orientation on the childs habits and preferencesAssists in the family orientation on the childs habits and preferences Accompany family for entrustmentAccompany family for entrustment Report any problems encountered to ICABReport any problems encountered to ICAB Ensure the regular submission of post placement reports, decree of Ensure the regular submission of post placement reports, decree of

adoption and naturalizationadoption and naturalization Assists in post adoption programs and servicesAssists in post adoption programs and services

Cooperation between Central Cooperation between Central Authorities and Partners:Authorities and Partners:

• Necessary to regulate the number and quality Necessary to regulate the number and quality of applications sent to countries of originof applications sent to countries of origin• Prevention of traffickingPrevention of trafficking• Cooperative nature of convention requires Cooperative nature of convention requires close cooperationclose cooperation

Thank you.