R.A No.

10165 - Foster Care Act of 2012 : An Act to strengthen and propagate Foster Care and to provide funds therefor
OVERVIEW

Foster care is the provision of planned temporary substitute parental care to a child by a foster parent duly licensed by the Department of Social Welfare and Development (DSWD).

Senate Bill No. 2486, otherwise known as the "Foster Care Act of 2010," aims to establish a system that will promote foster care for homeless children by giving foster parents and donor agencies tax incentives, Senate Pro Tempore Jinggoy Estrada and Senator Pia Cayetano, authors of the bill, said.1

Meanwhile, House Bill 4481 or the Foster Care Act of 2011 principally authors by Congresswoman Susan Yap provides same purpose to the bill presented by the Senate Members a year earlier.

The conference committee reconciled the disagreeing provisions of Senate Bill 2486 and House Bill 4481, which seeks to systematize and enhance the foster care program in the country for the benefit of neglected, abused and abandoned children. The report, which adopted the Senate version as the working draft, was approved by the Senate last March 21 2012.2

In his proposed measure, Sen. Estrada explains, "Instead of putting the child in an institution, foster homes can be the best substitute because of the social and emotional values that

Senate approves Foster Act at http://www.senate.gov.ph/press_release/2011/0905_prib1.asp, Last Accessed: April 15, 2013. 2 Bicam approves proposed Foster Act at http://www.senate.gov.ph/press_release/2012/0326_estradaj1.asp, Last Accessed: April 15, 2013.

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they can offer to children who are in need of love, care and attention. They can also provide an atmosphere where a child can experience a healthy family life."

Senate President Pro Tempore Jinggoy Ejercito Estrada, principal author of the bill on the part of the Senate, is hopeful that the program will effectively address the special needs of children who have been under difficult circumstances.

On June 11, 2013, President Aquino has finally signed the Republic Act No. 10165, or An Act Providing For Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing For its Violation, and for other Purposes, also known as Foster Care Act of 2012.

According to the Foster Care Act of 2012, the law adheres to the State policy to provide every child who is neglected, abused, surrendered, dependent, abandoned, under socio-cultural difficulties, or with special needs with an alternative family that will provide love and care as well as opportunities for growth and development. The law also provides assistance and tax incentives to foster parents, child caring agencies, and donor institutions.

DSWD Secretary Dinky Soliman said that foster care is a very nurturing alternative parental care for abandoned, neglected, orphaned children and other children with special needs. Under the law, Secretary Soliman explained that a foster child will receive monthly subsidy from the DSWD and will automatically become a PhilHealth beneficiary of the foster parent. Moreover, foster parents will be provided with support care services such as counseling, training on child care and development, respite care, skills training and livelihood assistance. In addition,

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foster parents will be entitled to personal tax exemption and additional exemption for dependents.

BACKGROUND

According to the recent survey of the National Statistics Coordination Board (NSCB) and the Philippines against Child Trafficking (PACT), there are almost 1.5 million who live in the streets in the Philippines and this number tends to double for the next years. There are several reasons for children ending up on the street including being abandoned, orphaned or disowned by their parents. Also, mistreatment or neglect, simply because of the lack of basic necessities which the home cannot provide may cause a child to seek to the streets. They are nameless, faceless, and aimless wandering our streets one day at a time begging for alms. Some of them engage on petty crimes and other sell their selves just to earn money. Based on the 2009 Annual Report submitted by the DSWD, there are 10,815 children placed under institutional care in 42 facilities managed by the Department. This number represents children who are abandoned, neglected or in conflict with the law, and girls undergoing difficult circumstances. Also, in 2009, the DSWD has helped 42,672 cases of children who are in need of special protection, noticeably the highest among their communitybased services.3 Given this startling number, in 2000, the DSWD passed Guidelines on the Street Children Program27 which was described as a comprehensive and integrated program addressing the plight of street children by taking them away from the streets to prevent further exposure to harm, exploitation, abuse and other hazards. It was intended to be a multi -sectoral

Excerpt from Sponsorship Speech in Foster Care Act of 2010 of Pia S. Cayetano at http://senatorpiacayetano.com/?p=130, Last Accessed: April 13, 2013.

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initiative to enable government both in the national and local level, non-government agencies, business sectors, socio-civic-religious groups and communities to assume collective responsibility in protection of children. 4 Children are protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation and sexual abuse.5 It is clearly stated under Article XV of the Constitution, the State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development. Many different government agencies are carrying out rescue under different policies, mandates, guidelines or instructions and for a variety of different objectives. RA 7610 provides a clear mandate for the State to protect children from living or working on the street: It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by

circumstances which affect or will affect their survival and normal development and over which they have no control.6 Furthermore, there shall be a comprehensive and

coordinated program of services and facilities to protect children against such circumstances.7 According to RA 7610, children who have been offended under this law (therefore presumably including street children) shall be immediately placed under the protective custody

Department Order No. 13 Series of 2000, Guidelines on Street Children Program, Department of Social Welfare and Development, 21 September 2000 5 United Nations Convention on the Rights of the Child; Articles 19 & 34 6 Section 2, RA 7610 7 Section 4 & Section 3(d), RA 7610

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of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. RA 9344 or the Juvenile Justice and Welfare Act of 2006 promotes the protection of the childs best interest through measures that will ensure the observance of international standards of child protection involving children at risk and children in conflict with the law. Further, under RA 7160 or the Local Government Code, local government units have a primary role in the development and growth of communities, vesting in them the exercise of service delivery functions such as delivery of health and welfare services and the implementation of programs and projects for street children. These are some government response which has sought to care for homeless children through institutional care by placing them in orphanages and youth centers. Although they provide agencies which support these children, there are some that didnt give attention and at this moment of time, we still see those children in the streets. As a result, the DSWD issued Administrative Order No. 63 setting out the philosophical base, objectives, policies and standards for Foster Care Service. Pursuant to this Order, the DSWD, along with accredited non-governmental organizations, provides home care to neglected and abandoned children by placing them in foster care.8 The foster care system in the modern sense had its beginnings in 1853 in both the United Kingdom and the United States. Before 1945, fostering referred to numerous arrangements in which children were cared for in homes other than their own. The point of the term was to contrast institutional care with family placements. The case for foster care was articulated by nineteenth-century child-savers, including Charles Loring Brace, publicized by theorphan trains,
Excerpt from Sponsorship Speech in Foster Care Act of 2010 of Pia S. Cayetano at http://senatorpiacayetano.com/?p=130, Last Accessed: April 13, 2013.
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and advanced by states that experimented with placing-out children rather than consigning them to orphanages.9 The Philippines has long history of implementing measures to protect vulnerable children within their country. In 1974, it enacted the Child and Youth Welfare Code; in 1992, it passed the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act; and recently, the country provided a comprehensive approach to safeguard the rights of children with the Philippine National Strategic Framework for Children for 2000-2025. The Philippines became a party to the Hague Convention in 1996, and is also a party the Convention on the Rights of the Child. A film of Brillante Mendoza entitled Foster Child in the year 2007 which stars Cherry Pie Picache as a temporary foster parent to an abandoned child. She plays a foster mother named Thelma. As a volunteer for a non-government organization taking care of abandoned children, she takes care of very young orphans before they are legally adopted. This indie film follows the Manlangqui family as they stick to their daily routine, even as they say goodbye to their foster child, John-John, whom they have raised for the past three years. Director Brillante shows the situation of most foster parents-for-hire in a Third World country such as the Philippines. Foster care is provided to children and young people who are unable to live with their own families. Children and young people enter care because they are at risk of harm or neglect or because their parent or carer needs periodic relief. It is a very serious decision to place a child away from home. In the Philippines, the Child and Youth Welfare Code declares that the assignment of a child to a foster home is preferred over institutional care. However, during the hearing conducted
9

Fostering and Foster Care at http://pages.uoregon.edu/adoption/topics/fostering.htm, Last Accessed: April

15, 2013.

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by the Committee on Youth, Women and Family Relations, it was revealed that, in addition to the DSWD, there are only six licensed/accredited child placements agencies which implement Foster Care programs in the country, most of which are based only in the major cities.10 It only shows that they need to provide a proper standard of assistance and afford with enough institutional care for them to build their hope in spite of being abandoned in their own home. By this, they will still sense the warmth and love that their families didnt give for them through the foster care that the government or other people might bestow them.

THE AMBIT OF FOSTER CARE ACT OF 2012

The need to protect vulnerable member of the society, like a child, to a hasty and nonprognosticating environment nowadays, calls the exigencies to enact a law that primarily caters the special needs of the children. Not all children may qualify for as Foster child. Under Section 4 of the Republic Act No. 10165 also known as Foster Care Act of 2012, provides qualification of a child to be eligible for the Foster Care Program of the Government11. These include children who were abused, surrendered, neglected, dependent or orphaned. It shall also cover children in need of special protection such as those with developmental or physical disability, children in armed conflict, children who are victims of trafficking, and children who have committed minor offenses released on recognizance or are in custody supervision.12

Fostering and Foster Care at http://pages.uoregon.edu/adoption/topics/fostering.htm, Last Accessed: April 15, 2013. 11 R.A. No. 10165, Sec. 4 12 The Foster Care Act at http://www.sunstar.com.ph/baguio/opinion/2012/06/06/fernandez-foster-care-act225415, Last Accessed: April 14, 2013.

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The authors of the law recognize that a child in such situation may seek help which an institution may not be able to provide. Such as the love and affection, the ways of instilling values which only foster parent(s) or substituted parent(s) can provide. Hence, an environment that provides a complete family experience may attain. It is the childs protection against the environment and their abuser are intended to be addressed by the law. Hereon, the Foster parent(s) applies to the Department of Social Welfare and Development (DSWD), an agency who primarily implements foster care program, for a license. Foster parent(s) like the Foster child, to qualify, needs to meet qualifications set in the law ; a) said applicant should be able to prove that he or she is of good moral character, has genuine interest in parenting, and is capable of providing for the needs of the foster child.13 At instance, the provisions of Section 5, R.A. No. 10165, wit; An applicant who meets all of the following qualifications may be a foster parent: a) must be of legal Age; b) must be at least sixteen years older than the child unless the foster parent is a relative; c) must have a genuine interest, capacity and commitment in parenting and is able to provide a familiar atmosphere for the child; d) must have a healthy and harmonious relationship with each family member living with him or her; e) must be of good moral character; f) must be physically and mentally capable and emotionally mature; g) must have sufficient resources to be able to provide for the familys needs; h) must be willing to further hone or be trained on knowledge, attitudes and skills in caring for a child; and i) must not already have the maximum number of children under his foster care at the time of application award, as may be provided in the implementing rules and regulations of this Act. Further, the law provides that a foster parent

13

Sec. 5, R.A No. 10165

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may adopt his or her foster child if they possess all the qualifications as provided for by Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998 or Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of 1995.14 Under R.A No. 10165, the foster parent(s) will be with the support care services such as counselling, training on child care and development, respite care, skills training and livelihood assistance. In 1987, The Department of Social Welfare and Development (DSWD) under Executive Order No. 292, also known as the Revised Administration Code of 1987, signed by President Corazon C. Aquino, established the name, organizational structure and functional areas of responsibility of DSWD and further defined its statutory authority. 15 To develop, implement and coordinate social protection and poverty reduction solutions for and with the poor, vulnerable and disadvantaged as its mission, act as the primary agency that implements the mandate of R.A No. 10165.16 The participation of DSWD in response to the mandate of The Foster Care Act of 2012: tasked with: a) the recruitment and development of foster parents; b) issuance of license; c) matching of foster child and parent(s); d) the placement of the child to its foster parent(s); e) supervision of the placement; and f) termination of the placement. 17

DSWD Leads Signing of Implementing Rules and Regulations on Foster Care Act at http://www.dswd.gov.ph/2012/11/dswd-leads-signing-of-implementing-rules-and-regulations-on-foster-care-act-2, Last Accessed: April 14, 2013. 15 History of DSWD at http://www.dswd.gov.ph/about-us/history-of-dswd, Last Accessed: April 14, 2013. 16 Vision/Mission/Values at http://www.dswd.gov.ph/about-us/visionmissionvalues, Last Accessed: April 14, 2013. 17 Article IV of R.A No. 10165, The Foster Care Act of 2012

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According to Soliman: This law supports the DSWD policy on de-institutionalization of children, wherein immediate transfer of children from institutions to an alternative family or independent living is encouraged,18 Apart from the DSWD, the Local Government Units (LGUs) aids to effectively implement the R.A. No. 10165. Rules 19 and 20 of Article VII of the Implementing Rules and Regulation of the said Act, define its rules.19 To wit: Rule 19. Role of Local Government Units (LGUs) Within their respective territorial jurisdictions, LGUs, with support from DSWD and Agencies, shall be responsible for (i) implementing the Foster Care Program, and Rule 20. Funding LGUs shall be primarily responsible for the delivery with special needs of social services, which include Foster Care, to every child who is neglected, abused, surrendered, dependent, abandoned, under socio-cultural difficulties, or, with an alternative family that will provide love and care as well as opportunities for growth and development. Towards this end, LGUs shall allocate funds to support the implementation of the Foster Care Program. Pursuant to R.A No. 10165, a foster child will be entitled to monthly subsidy from the DSWD, and will automatically be a PhilHealth beneficiary of the foster parent. The subsidy is aimed at easing the financial burden of foster parents. DSWD-accredited child-rearing or childplacing institutions and their donors will also receive tax incentives, in accordance with the National Internal Revenue Code of 1997. 20

DSWD Leads Signing of Implementing Rules and Regulations on Foster Care Act at http://www.dswd.gov.ph/2012/11/dswd-leads-signing-of-implementing-rules-and-regulations-on-foster-care-act-2, Last Accessed: April 14, 2013. 19 DILG M.C. No. 2013-10, February 13, 2013 20 Noy signs Foster Care Act at http://hreplib.wordpress.com/2012/06/21/noy-signs-foster-care-act, Last Accessed: April 14, 2013.

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ISSUES CONFRONTING THE FOSTER CARE ACT OF 2012 AND POSSIBLE RESOLUTIONS

If there is a prevailing issue with regards to foster care is the difference between fostering and adopting. Some thought that fostering is the same with adoption since children are placed under the care of families or individuals who express their intentions to become foster parents. Others thought otherwise that foster care is another way of adopting a child. Another issue is the safety of children under the foster care programs. There are some observations that children put under foster care programs are abused and/or being used to advance criminal activities, since children below 15 years old are not criminally liable. The above mentioned issues can be clarified by (a) understanding the essential difference between foster care and adoption, (b) studying what R.A. 10165 meant by foster care, and (c) delineating safety nets provided by the Foster Act to ensure that violators cannot circumvent the law. A. The Essential Difference Between Foster Care and Adoption Foster care, is the term used for a system in which a minor who has been made a ward is placed in an institution, group home, or private home of a state-certified caregiver referred to as a "foster parent". The placement of the child is usually arranged through the government or a social-service agency. The institution, group home or foster parent is compensated for expenses.21

Definition of Foster Care by Wikipedia at http://en.wikipedia.org/wiki/Foster_care#cite_note-1. Last accessed:April 15, 2013.

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Adoption, on the other hand, is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities, along with filiation, from the biological parent or parents. Adoption is intended to affect a permanent change in status and as such requires societal recognition, either through legal or religious sanction.22 So while a foster care is temporary, adoption is permanent. In foster care, the foster parents are compensated by the State, while in adoption, the adoptive parents provide financial support to their adopted child by default. And lastly, in terms of decision-making with regards to the child, the foster parents shared with the State or agency, while in adoption, the adoptive parents has the full responsibility of deciding for the goodness of their adopted child. In summary, the essential differences between foster care and adoption can be divided into (1) legal differences, (2) financial differences, and (3) decision-making responsibility. The Factsheet for Families by Child Welfare Information Gateway, published online on February 2012, explained the differences as follows: 23 A.1 Legal Differences

Foster parents have no legal parental rights, but when adoptive parents adopt, they acquire the same legal rights and responsibilities for the adopted child as parents have for their birth children. The child is no longer in the States custody but is a full, legal member of their family. A.2 Financial Differences

22

Definition of Adoption by Wikipedia at http://en.wikipedia.org/wiki/Adoption. Last accessed: April 15,

2013. Factsheet for Families by Child Welfare Information Gateway at https://www.childwelfare.gov/pubs/f_fospar.pdf#Page=2&view=Fit. Last accessed: April 15, 2013.
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Foster parents receive a stipend or reimbursement for the care they provide. With adoption, this assistance changes since adoptive parents become responsible for everyday financial obligations such as child care and extracurricular activities. A.3 Decision-Making Responsibility

While a child is in foster care, decision-making is shared by the agency, foster parents, and perhaps the birth parents. When a child is adopted, the adoptive parents take full responsibility for making decisions about issues such as school enrollment, travel outside the State or country, birth family visitation, and more. While some families may choose to continue to share some decision-making and visitation with the birth family or relatives to benefit the child, the adoptive family has the ultimate decision-making responsibility after the adoption. B. Foster Care in R.A. 10165 (Foster Care Act of 2012) The Foster Care Act of 2012 follows the above-mentioned temporary definition of parental care. Republic Act 10165, Section 3, paragraph (f), refers foster care to the provision of planned temporary substitute parental care to a child by a foster parent.24 Through foster care, a child is given temporary wholesome family care wherein his/her basic needs can be provided for. It is akin to adoption in the sense that a private home opens its door t o welcome a child who is not a member thereof but treats him/her as one. However, foster care is different from adoption since it is a mere temporary arrangement where the child only stays for a specific length of time as determined by the DSWD. Consequent to the temporary nature of foster care, no legal changes are effected upon the name and relationship of the child and foster parents. Though temporary, it can either be on short-term or long-term basis. Fostering is not adopting, written by Mona Elizalde Montevirgen in the Inquirer Lifestyle column, [a]lthough adopting and fostering are similar in the aspect of rearing a child
24

Section 3 (f), Idem.

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as your own, fostering is only temporary.25 A foster child may stay in a home for a short term of one week up to six months (usually while awaiting adoptive placement) or a long-term period of six months to about a year for reasons relative to the best interests of the child. Traditionally, our government has sought to care for homeless children through institutional care by placing them in orphanages and youth centers, Senator Pia Cayetano, in her sponsorship address of the Senate Bill, explained, [h]owever, in addition to the fact that there are not enough institutions to cater to the needs of the numerous abandoned and neglected children, these institutions, no matter how well-meaning they may be in taking care of our children, can never give the warmth and affection that only a family could provide.26 Under the Foster Care Act, abused, abandoned, and neglected children are placed in foster families for a certain period of time. The goal of foster care is to prepare such children for eventual reunion with their biological families or for possible adoption, with priority given to their foster families. B.1. Legal Effects

Consequent to the temporary nature of foster care, no legal changes are effected upon the name and relationship of the child and foster parents. However, under Section 6 of the Act, foster parents shall have the rights, duties and liabilities or persons exercising substitute parental authority, as may be provided under the Family Code over the children under their foster care.27 The rights, duties and liabilities of persons exercising substitute parental authority can be found on Articles 216 to 219 of Executive Order 209 or commonly known as the Family Code of the Philippines. Article 217 of the Family Code provides that in case of foundlings, abandoned

Challenges of foster parenting by Mona Elizalde Montevirgen at http://lifestyle.inquirer.net/26069/challenges-of-foster-parenting. Last accessed: April 15, 2013. 26 Sen. Pia S. Cayetano , Idem. 27 Section 6, Idem.

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neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages and similar institutions duly accredited by the proper government agency.28 Understandably, foster parents shall only have the rights of a person with special authority to discipline the foster children as defined under Section 233 of the Family, insofar as it prohibits the infliction of corporal punishment upon the child.29 B.2 Financial Incentives

As stated above, foster parents receive a stipend or reimbursement from the State for the care they provide. In the same manner, under the Foster Care Act, the government allows financial assistance and tax incentives to foster parents including child caring agencies and other funding institutions or donors. Section 21 of the Act provides that a foster child, through the agency, shall be entitled to a monthly subsidy from the DSWD The subsidy is primarily aimed at supporting the expenses of the child to lessen the financial burden on the foster parent.30 Aside from a monthly support subsidy from the DSWD, foster parents shall also be entitled to a personal tax exemption and an additional exemption of P25,000 for each dependent not exceeding four if the foster care is conducted for a continuous period of one year. Foster parents shall also be provided with health insurance through the Philippine Health Insurance Corporation (PhilHealth).31 B.3 Decision-Making Support

28 29

Article 217, Family Code of the Philippines. Section 7, Idem. 30 Section 21, Ibid. 31 Section 22, Ibid.

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Moreover, they will undergo capability-building activities that include counseling sessions, child care and development trainings, and livelihood development.

CHAPTER 5 BENEFITS AND PRACTICAL APPLICATIONS OF THE FOSTER ACT OF 2012 (R.A. 10165)

A couple of days approaching Christmas, a baby girl, probably two months old was abandoned at plaza Magsaysay right where the manger is. How sad. I got somewhat emotional and I began to question the kind of person who could do such a thing. How could her parents do such a thing? Questions after questions rushed through my mind. Then again, I realized, no matter what, I can never delve into the actual reasons for the act, and I cannot judge the person or persons who did it basing solely on the act of abandonment. Only God knows the reasons, thus, only He can stand to arbitrate. The more important matter now is what to do with the child. How can we help the child?32 (Insert quotations marks) For most people, putting the foundling up for adoption is the best way to provide her with a nurturing family environment. However, the processes involved in this kind of undertaking can be tedious. So for purposes of immediacy and necessity, the foundling may be placed under foster care. Thus, one of the many benefits and practical applications of the Foster Care Act, in addition to the placement of abused, abandoned, and neglected children in foster families, where each child is given temporary wholesome family care and wherein his/her basic needs can be
,The Wonderful World of Law Foster Care by Atty. Jasmin N. Pinsoy at http://www.mindanaoobserver.com/2012/12/30/the-wonderful-world-of-law-foster-care/. Last accessed: April 15, 2013.
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provided for. For the foster parents, the benefits and practical applications are in the forms of financial incentives and personal tax exemptions. But there is more pressing benefit and practical application of the law in the mind of the legislators to prepare such children for eventual reunion with their biological families or for possible adoption, with priority given to their foster families. Among the pressing benefits and practical applications of R.A. 10165 then would be (a) the Long-Term Foster Placement Authority (FPA), and (b) adoption of a foster child. A. Long-Term Foster Placement Authority

As a response to the attachment issues between a foster parent and a foster child33, if a child has been under the care of a foster parent for a period of at least seven (7) years, the said foster parent may apply for Long-Term Foster Placement Authority (LTFPA), subject to the following conditions: (a) The childs return to his biological parents or placement in an adoptive family is not imminent; (b) The foster parent continues to possess the qualifications required under tins Act and a valid foster family care license for the entire duration of the foster care; (c) The child, if ten (10) years of age or over, duly assisted by a social worker, gives written consent for long-term stay with the foster parent; and (d) Aside from the regular monitoring visits, the DSWD shall reassess and reevaluate the foster home situation every three (3) years, to determine whether it is in the best interest of the child to continue living in the foster home on a long-term basis.34 LTFPA grants the foster parent custody over the foster child without the requirement of the eventuality of adoption of the latter by the former. During this period, the foster child shall

In the ideal world, attachment issue in foster care should not be an issue because a foster parent's job is to welcome a child with open arms, make them a part of the family, love them like our own, and then let them go. http://fosterparentsanywhere.blogspot.com/2012/06/attachment-issues.html. Last accessed on April 14, 2013. 34 Section 15, Idem.

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enjoy the rights of a child under Article 3 of the Child and Youth Welfare Code, and under other laws: Provided, That there shall be no mandatory rights of succession in favor of the foster child. B. Adoption of a Foster Child

A foster parent may adopt his foster child subject to the following conditions: (a) The foster parent must have all the qualifications as provided for by Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998 or Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of 1995, as the case may be; (b) The trial custody, as required in adoption, may be waived: Provided, That a harmonious relationship exists between the child and his foster parent and family members; and (c) The procedures for adoption, for purposes of this Act, shall be governed by Domestic Adoption Act of 1998 or Inter-Country Adoption Act of 1995, as the case may be.35 Note: You can delete the following quotations below just in case we have exceeded pages. Qualifications of an applicant for adoption under the R.A. No. 8552 (Domestic Adoption Act) are the following:
Section 7. Who May Adopt. The following may adopt: (a) 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, 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/her children in keeping with the means of the family. The requirement of sixteen (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; (b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided,

35

Section 17, Ibid.

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Further, That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: (i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or (ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or (c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. Husband and wife shall jointly adopt, except in the following cases: (i) if one spouse seeks to adopt the legitimate son/daughter of the other; or (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her consent thereto; or (iii) if the spouses are legally separated from each other. In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint parental authority shall be exercised by the spouses.36

On the other hand, qualifications of an applicant for adoption under the R.A. No. 8043 (Inter-Country Adoption Act) are the following:
Section 9. Who May Adopt. - An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she: a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application unless the adoptor is the parent by nature of the child to be adopted or the spouse of such parent: b) if married, his/her spouse must jointly file for the adoption; c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his/her country; d) has not been convicted of a crime involving moral turpitude; e) is eligible to adopt under his/her national law;

f) is 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; g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act; h) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national laws; and i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws.37

36 37

Section 7, R.A. No. 8552 Section 8, R.A. No. 8043

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