Challenges of Intercountry Adoption

DISTINCTIVE CHARACTERISTICS OF THE PHILIPPINE INTERCOUNTRY ADOPTION PROCESS
4TH Asia Pacific Regional Conference of the HccH 26 October 2011 Mandarin Oriental Hotel Manila, Philippines
Background
29 May 1993 Signing of the 93 Convention 7 June 1995 Philippine Congress passes 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 1 November 1996 Entry into force of the 93 Convention
Principle of Subsidiarity
Community
Child Caring Agencies DSWD issuance of Certificate of Adoptability RA 9523 Central Local Matching at DSWD
Matched
Unmatched Issuance of Clearance for Intercountry Adoption and endorsement to ICAB
Domestic Adoption RA 8552
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 8552
Who 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)
If info/data incomplete/nonsubstantive: Inclusion in ROCC but request additional info Upon completion of requested additional info, inclusion in ROCM
If info/data complete/substa ntive - Inclusion of Child/ren in ROCM
ICAB Secretariat Notifies CCA on PreMatching/Matching Conference Schedule
Screening of Adoptive Parents

Applications received By ICAB ICAB screens Applications from Appropriate Central Authority/Phil. Accredited FAA Applications Received from Other Sources
Review of Home Study Report & Supporting Documents (Secretariat and ICPC)
Elevation to ICA Board for approval PAPs dossier

Deferment of Approval by ICAB (Awaiting additional Info/SDs)
Approval by ICAB
ENTRY TO ROSTER OF APPROVED APLLICANTS (RAA)
Disapproval by ICAB
CA/FAA Submits Additional Info/SDs
Dossier Returned to CA/ FAA

8
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
Psychiatrist:
Aida L. Muncada, MD
Social Work Representative:

Prof. Lyra del Castillo
NGO Representatives:
Sr. Maria Socorro Evidente, DC
Rafael Tinio
Lawyer:
Atty. Maria Cielo Rondain
Lawyer:
Atty. Noel del Prado
ICAB Flowchart
Child cleared for ICA
Approved PAPs
Issuance of Affidavit of Consent to Adoption & Finalization of Adoption
INTERCOUNTRY PLACEMENT COMMITTEE

Matching Conferences
Secretariat &
Action of the Board: Approval/ Disapproval Accept: Issue PLACEMENT AUTHORITY and
Disapproval notify CCA; rematching

Approval notify CCA/ endorse Matching Proposal to FAA
6 mo. Trial custody Period 3 Post Placement Reports
Process Travel Documents
Post Legal Adoption Services (Motherland Tour, Search & Reunion)
Not Accepted: notify CCA; for endorsement to 2nd PAP if available or rematching
Acceptance/ Nonacceptance
10
POST ADOPTION
Motherland Tour Request for Information Search and Reunion
Of legal age as defined by receiving country Emotional maturity
Exception: emotional well being
Authorization of Foreign Partners

License to operate an adoption agency With authority to process international adoptions Has a proven track record of at least five (5) years Governing board and administrative staff competent and responsible child welfare oriented leaders Audited financial statements of at least the past three (3) years A physical office
RE-ACCREDITATION/ AUTHORIZATION OF FOREIGN PARTNERS

Compliance with requests to temper quality and number of applications sent Disruptive placements Timely submission of reports Capacity and willingness to place children with special needs
Children with disabilities Negative background
Abused From incestuous relations
Older Children 9 to 18 years
LIAISON AGENCIES
Local presence not required Duties:
Assists in securing additional information and documents prior to matching Endorsement of documents Assists in transfer of children from provinces Assists in emotional and psychological preparation of children Facilitation/coordination in the adoptive parents travel itinerary Assists in the family orientation on the childs habits and preferences Accompany family for entrustment Report any problems encountered to ICAB Ensure the regular submission of post placement reports, decree of adoption and naturalization Assists in post adoption programs and services
Cooperation between Central Authorities and Partners:

Necessary to regulate the number and quality of applications sent to countries of origin Prevention of trafficking Cooperative nature of convention requires close cooperation
Thank you.

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DISTINCTIVE CHARACTERISTICS OF THE PHILIPPINE INTERCOUNTRY ADOPTION PROCESS

Unmatched Issuance of Clearance for Intercountry Adoption and endorsement to ICAB

Domestic Adoption RA 8552

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

DSWD Issues ICA Clearance Dossier of Child forwarded to ICAB

If info/data complete/substa ntive - Inclusion of Child/ren in ROCM

ICAB Secretariat Notifies CCA on PreMatching/Matching Conference Schedule

Screening of Adoptive Parents

Elevation to ICA Board for approval PAPs dossier

CA/FAA Submits Additional Info/SDs

Dossier Returned to CA/ FAA

Composition of the Board

Social Work Representative:

INTERCOUNTRY PLACEMENT COMMITTEE

Disapproval notify CCA; rematching

6 mo. Trial custody Period 3 Post Placement Reports

Process Travel Documents

Post Legal Adoption Services (Motherland Tour, Search & Reunion)

Authorization of Foreign Partners

RE-ACCREDITATION/ AUTHORIZATION OF FOREIGN PARTNERS

Older Children 9 to 18 years

Cooperation between Central Authorities and Partners:

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