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THE PHILIPPINE

INTERCOUNTRY
ADOPTION
PROGRAM
Content
Background
ICA Process
Challenges on ICA
Background

29 May 1993 Signing of the 93 Convention

7 June 1995 Philippine Congress passed RA 8043


(Intercountry Adoption Act of 1995)

26 December 1995 The Implementing Rules and


Regulations on RA 8043 are passed.

8 January 2004 Amendment of the Implementing Rules


and Regulations

2 July 1996 Deposit of the Instrument of Ratification


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1 November 1996 Entry into force of the 93
Convention
History of the 93 convention

Concluded : 29 May 1993

Entered into Force: 1 May 1995

93 contracting parties as of 6
January 2014
innovations of the hcch as it applies to the
93 convention

Concept of Habitual Residence

Jurisdiction

Co-operation among Central


Authorities
Purpose of convention of
93
Set minimum standards for child protection

Sets a legal framework for co-operation between Central Authorities


of State of Origin and receiving states.

Prevent: abduction, sale, traffic of children, remove abuses in


intercountry adoptions

Ensure the automatic recognition of Convention Adoption in


receiving state.
Principle of subsidiarity
(Philippine setting)

Community

Child Caring Agencies (Orphanage)

(Domestic Permanency Planning)


DSWD issues Certificate of Adoptability under RA 9523

Local Matching at DSWD

Matched- proceed to Domestic Adoption under RA 8552

Matched- proceed to Unmatched Issuance of


Domestic Adoption (RA Clearance for Intercountry
8552)
Adoption and referral to
ICAB (RA8043)
MANDATE
Central authority of the Philippine
government in matters relating to
inter-country adoption

Policy making body for purposes of


carrying out the provisions of the
Inter-country Adoption Act of 1995
(RA 8043)

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VISION
To place Filipino children with
suitable foreign adoptive families
abroad to ensure the protection,
security and best interests of the
children.
MISSION
To place Filipino children with
suitable foreign adoptive families
abroad to ensure the protection,
security and best interests of the
children.
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Functions of ICAB
Policy Formulation

Program Development
and Implementation

Regulatory Function

Advocacy and
Networking
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Organizational Chart
ICAB Board Members

INTERCOUNTRY
EXEC. DIRECTOR PLACEMENT
Secretariat COMMITTEE

OPERATIONS FINANCE &


DIVISION ADMIN. DIVISION

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Composition of the Board
Secretary of the DSWD Corazon Juliano Soliman is the
Ex-officio chairperson of the ICAB and has designated
Undersecretary Parisya H.Taradji as the Alternate
Chairperson

Social Work NGO


Psychiatrist: Representativ Representativ
e: es:
Aida L. Muncada, MD
Sr. Maria Socorro
Prof. Lyra del Castillo Evidente, DC

Rafael Tinio
Lawyer: Lawyer:
Atty. Maria Cielo Atty. Noel del Prado
Rondain

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Inter-country Adoption
Law grants jurisdiction
to ICAB to place
children fifteen (15)
years and below only
Childs Dossier

Child Study Report (CSR)


Supporting Documents (SDs)
DSWD Certificate per RA 9523
DSWD Inter-country Adoption Clearance
Birth Certificate/Foundling Certificate
Deed of Voluntary Commitment (DVC) or Decree
of Abandonment (DA)
Medical Evaluation Report
Psychological Evaluation Report (for children 5
years and older)
Whole Body/Recently Taken and Clearly Taken
Colored Postcard Size Picture
Death Certificate of parents if applicable
Childs own consent (for children 10 years and
older)
Placement category
Regular Adoption

Special Needs Placement

Relative Adoption

Independent Placement
Screening
Screening of
of Adoptive
Adoptive Parents
Parents
Applications ICAB sends Applications to Applications
received Appropriate Central Received from
By ICAB Authority/Phil. Accredited FAA Other Sources
Endorsement of Application

Review of Home Study Report


& Supporting Documents
(Secretariat and ICPC)

Elevation to ICA Board of


PAPs dossier

Deferment of
Approval by ICAB Approval by ICAB Disapproval
(Awaiting additional by ICAB
Info/SDs)

ENTRY TO ROSTER Dossier


Dossier Returned
Returned
CA/FAA Submits OF APPROVED to
to CA/FAA
CA/FAA
Additional Info/SDs
APPLICANTS (RAA)
PAPs Dossier
Home Study Report
Supporting Documents:

Undertaking of the Applicants


Information and Personal Data of Applicants
Special Needs Childrens Check List
Birth Certificate
Marriage Certificate
Divorce Decree (if applicable)
Medical/Health Evaluation Report
Psychological Evaluation Report
Self-Report Questionnaire (optional)
Written Consent to the PAPs Adoption Plan by their Children Above 10
Years of Age
Police Clearance
Character References
Income Tax Return
Letter of Acceptance By Designated Guardian/s
Adoption Decree (if with a previously adopted Filipino child)
Individual Applicants Photographs (Recently & Clearly Taken Colored
Post Card Size Pictures), immediate family members
(children/parents/siblings)
Roster of Children for Matching & Roster
of Approved Adoptive Applicants

Pre-Matching Conference Between


ICAB Secretariat & CCA SW Matching
CCAs Submission of Process
Matching Proposal/s to ICAB

ICPC Secretariats Processing


of Matching Proposals
For Matching Conference Agenda

ICPC Review of
CCAs Matching Proposals

Matching Conference

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ICPC
ICPC Matching
Matching Recommendation
Recommendation
to
to ICAB
ICAB

Matching
Matching Disposition
Disposition by
by ICAB
ICAB
(Deferment,
(Deferment, Reversal,
Reversal, Approval,
Approval, Disapproval)
Disapproval)
ICAB FLOWCHART
(Regular Process)
Child cleared Secretariat & Disapproval
Action of notify CCA;
for ICA INTERCOUNT
the Board: rematching
RY
Approval/
Approved PLACEMENT Disapprov
COMMITTEE Approval
PAPs al
Matching notify CCA/
Conferences endorse
Matching
Issuance of Proposal to
Affidavit of 6 mo. Trial Accept: Issue FAA
Consent to custody Period 3 PLACEMENT
Adoption & Post Placement AUTHORITY and
Finalization Reports Process Travel Documents
of Adoption
Acceptance/
Non-
Post Legal Not Accepted:
Adoption
acceptance
notify CCA; for
Services
(Motherland
endorsement to 2nd
Tour, Search & PAP if available or
Reunion) rematching
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Relative Adoption as applies
to inter-country adoption
refers to the adoption of
Filipino child/ren by relatives
residing abroad (former
Filipinos) within the fourth
(4th) degree of
consanguinity or affinity.
Degree of Relation
(4th degree of consanguinity or
affinity)
Childs grandparents

2nd
3rd
Childs
birthparent/s
siblings Childs
aunt/uncle

1st 4th
Prospective Prospective
Adoptive 1st cousins Adoptive
CHILD PARENTS
ICAB Flowchart
(Relative Adoption Process)

Childs Eligibility
Assessment for Inter-
Country Adoption
ICABs received the QRAA-Questionnaire for Relative
QRAA from FAA/CA Adoption Applicants (download
ICAB Social Worker (RILAU) at: www.icab.gov.ph)
reviews QRAA and refer Rilau Relative Intercountry and
child to concerned DSWD- Local Adoption Unit
Field Office for eligibility
assessment
Dossier of child forwarded to ICAB
If information and If complete, ICAB inform FAA/
supporting documents is CA to endorse/submit the
incomplete, request DSWD adoption application dossier of
to complete info and SDs the PAPs
ICAB received
additional (ICAB Social Worker may personally home
information and visit and interview the child, guardians
supporting and birthparents to confirm or gather
documents additional info pertinent to the case)
Adoption Application of
PAPs - Home
Study
ICAB received adoption Report
application dossier of -
Supporting
PAPs Documents

PAPs dossier for review of ICPC where issues and


concerns pertaining to HEALTH, PSYCHOLOGICAL and
LEGAL aspects of PAPs are present.
Once the ICAB social worker has determined the
completeness and consistency of the child and
PAPs report and supporting documents, it shall
prepare the EXECUTIVE SUMMARY with the
Matchin social workers assessment and
g at
Board
recommendation of the application and
Level adoptive placement for Boards decision
DEFERMENT
by ICAB (once DISAPPROVAL
additional info APPROVAL by ICAB (dossier
provided, present by ICAB returned to
to Board for final CA/FAA)
decision
Adoption of a relative beyond the 4th
degree of consanguinity or affinity
Considering that the relationship is beyond the 4th degree
of consanguinity or affinity, the case is not a relative
adoption but considered an Independent Placement/ Pre-
Identified Placement.

All children must undergo the following process before


they can be cleared for inter-country adoption:
Issuance of the Certificate Declaring a Child Legally
Available for Adoption (CDCLAA) as provided by
Republic Act 9523 (RA9523) by the Department of Social
Welfare and Development (DSWD) as a pre-requisite for
any adoption proceeding by non-relatives.
Prior to the issuance of Inter-Country Adoption (ICA)
clearance, the child must undergo the domestic/local
matching. If no domestic adoption families are
available, the child will be issued an ICA Clearance and
the documents will be transmitted to ICAB, only then will
ICAB acquire jurisdiction over the case.
Step-parent adoption
ICAB does not exercise jurisdiction over step-parent
adoptions. Under the Philippine laws, there are two
ways to adopt a step-child:

A petition for local/domestic adoption through
the Philippine courts may be filed.
If allowed by the receiving country, step-child
may be sponsored by the step-parent to enter
the country and finalize adoption in the said
country. Once the Adoption Decree is issued,
the adoptive parents may file a petition for
recognition of foreign judgment before the
Philippine courts which has the jurisdiction to
order issuance of a new birth certificate. (See
NSO Memorandum Circular No. 2007-008 Re:
Guidelines on the Annotation of Civil Registry
Challenges in inter-country
adoption:
Limited number of regular children cleared for
inter-country adoption as against a large number
of regular adoptive families waiting for a match.

Lack of information in the description of a child


and lack of documents (e.g. significant
information are not included in the childs
documents).

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Cont....

Circumvention of the inter-country adoption law.

Bringing a child abroad using visitors visa and


then attempting to adopt the child when child
has developed bonding with PAPs.

Pre-identification of unrelated child for adoption

Pursuing domestic adoption by couples with dual


citizenship but have habitual residency abroad

Submission of fraudulent documents by relatives


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to make it appear that PAPs are related to the
child.
How the challenges are being addressed:
Continuous provision of training
orientation on inter-country adoption

Strong coordination with Special


Operations Office: Adoption and SWATO
on cases of children for inter-country
adoption

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For More information about Inter-Country
Adoption Program, contact ICAB at:
Address: Inter-Country Adoption Board
2 Chicago corner Ermin Garcia Streets
Brgy. Pinagkaisahan, Cubao, Quezon City 1111
Telephone Numbers:
(02) 721-9781/82
(02) 726-4551 / 726-4568
Fax no.: (02) 725-6664
Email: adoption@icab.gov.ph
Website: www.icab.gov.ph
Facebook Page: Inter-Country Adoption Board
(ICAB) (https://www.facebook.com/icab.gov.ph)
Thank you!

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