REPUBLIC ACT NO.

8043 - AN ACT ESTABLISHING THE

RULES TO GOVERN INTER-COUNTRY ADOPTION OF (f) License and accredit child-caring/placement agencies and collaborate
FILIPINO CHILDREN, AND FOR OTHER PURPOSES. with them in the placement of Filipino children;

ARTICLE I - GENERAL PROVISIONS (g) Accredit and authorize foreign adoption agency in the placement of
Filipino children in their own country; and
Section 1. Short Title. — This Act shall be known as the "Inter-Country
Adoption Act of 1995." (h) Cancel the license to operate and blacklist the child-caring and
placement agency or adoptive agency involved from the accreditation list
Sec. 2. Declaration of Policy. — It is hereby declared the policy of the of the Board upon a finding of violation of any provision under this Act.
State to provide every neglected and abandoned child with a family that
will provide such child with love and care as well as opportunities for Sec. 5. Composition of the Board. — The Board shall be composed of the
growth and development. Towards this end, efforts shall be exerted to Secretary of the Department as ex officio Chairman, and six (6) other
place the child with an adoptive family in the Philippines. However, members to be appointed by the President for a nonrenewable term of six
recognizing that inter-country adoption may be considered as allowing (6) years: Provided, That there shall be appointed one (1) psychiatrist or
aliens not presently allowed by law to adopt Filipino children if such psychologist, two (2) lawyers who shall have at least the qualifications of
children cannot be adopted by qualified Filipino citizens or aliens, the a regional trial court judge, one (1) registered social worker and two (2)
State shall take measures to ensure that inter-country adoptions are representatives from non-governmental organizations engaged in child-
allowed when the same shall prove beneficial to the child's best interests, caring and placement activities. The members of the Board shall receive a
and shall serve and protect his/her fundamental rights. per diem allowance of One thousand five hundred pesos (P1,500) for
each meeting attended by them: Provided, further, That no compensation
Sec. 3. Definition of Terms. — As used in this Act. The term: shall be paid for more than four (4) meetings a month.

(a) Inter-country adoption refers to the socio-legal process of adopting a Sec. 6. Powers and Functions of the Board. — The Board shall have the
Filipino child by a foreigner or a Filipino citizen permanently residing following powers and functions:
abroad where the petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued outside the Philippines. (a) to prescribe rules and regulations as it may deem reasonably necessary
to carry out the provisions of this Act, after consultation and upon
(b) Child means a person below fifteen (15) years of age unless sooner favorable recommendation of the different agencies concerned with the
emancipated by law. child-caring, placement, and adoption;

(c) Department refers to the Department of Social Welfare and (b) to set the guidelines for the convening of an Inter-country Adoption
Development of the Republic of the Philippines. Placement Committee which shall be under the direct supervision of the
Board;
(d) Secretary refers to the Secretary of the Department of Social Welfare
and Development. (c) to set the guidelines for the manner by which selection/matching of
prospective adoptive parents and adoptive child can be made;
(e) Authorized and accredited agency refers to the State welfare agency
or a licensed adoption agency in the country of the adopting parents (d) to determine a reasonable schedule of fees and charges to be exacted
which provide comprehensive social services and which is duly in connection with the application for adoption;
recognized by the Department.
(e) to determine the form and contents of the application for inter-country
(f) Legally-free child means a child who has been voluntarily or adoption;
involuntarily committed to the Department, in accordance with the Child
and Youth Welfare Code. (g) to institute systems and procedures to prevent improper financial gain
in connection with adoption and deter improper practices which are
(g) Matching refers to the judicious pairing of the adoptive child and the contrary to this Act;
applicant to promote a mutually satisfying parent-child relationship.
(h) to promote the development of adoption services, including post-legal
(h) Board refers to the Inter-country Adoption Board. adoption services,

ARTICLE II - THE INTER-COUNTRY ADOPTION BOARD (i) to accredit and authorize foreign private adoption agencies which have
demonstrated professionalism, competence and have consistently pursued
Sec. 4. The Inter-Country Adoption Board. — There is hereby created the non-profit objectives to engage in the placement of Filipino children in
Inter-Country Adoption Board, hereinafter referred to as the Board to act their own country: Provided, That such foreign private agencies are duly
as the central authority in matters relating to inter-country adoption. It authorized and accredited by their own government to conduct inter-
shall act as the policy-making body for purposes of carrying out the country adoption: Provided, however, That the total number of authorized
provisions of this Act, in consultation and coordination with the and accredited foreign private adoption agencies shall not exceed one
Department, the different child-care and placement agencies, adoptive hundred (100) a year;
agencies, as well as non-governmental organizations engaged in child-
care and placement activities. As such, it shall: (j) to take appropriate measures to ensure confidentiality of the records of
the child, the natural parents and the adoptive parents at all times;
(a) Protect the Filipino child from abuse, exploitation, trafficking and/or
sale or any other practice in connection with adoption which is harmful, (k) to prepare, review or modify, and thereafter, recommend to the
detrimental, or prejudicial to the child; Department of Foreign Affairs, Memoranda of Agreement respecting
(b) Collect, maintain, and preserve confidential information about the inter-country adoption consistent with the implementation of this Act and
child and the adoptive parents; its stated goals, entered into, between and among foreign governments,
(c) Monitor, follow up, and facilitate completion of adoption of the child international organizations and recognized international non-
through authorized and accredited agency; governmental organizations;
(d) Prevent improper financial or other gain in connection with an
adoption and deter improper practices contrary to this Act; (l) to assist other concerned agencies and the courts in the implementation
(e) Promote the development of adoption services including post-legal of this Act, particularly as regards coordination with foreign persons,
adoption;
agencies and other entities involved in the process of adoption and the be in accordance with the requirements as set forth in the implementing
physical transfer of the child; and rules and regulations to be promulgated by the Board.

(m) to perform such other functions on matters relating to inter-country The application shall be supported by the following documents written
adoption as may be determined by the President. and officially translated in English.

ARTICLE III - PROCEDURE (a) Birth certificate of applicant(s);

Sec. 7. Inter-Country Adoption as the Last Resort. — The Board shall (b) Marriage contract, if married, and divorce decree, if applicable;
ensure that all possibilities for adoption of the child under the Family (c) Written consent of their biological or adoptive children above ten (10)
Code have been exhausted and that inter-country adoption is in the best years of age, in the form of sworn statement;
interest of the child. Towards this end, the Board shall set up the (d) Physical, medical and psychological evaluation by a duly licensed
guidelines to ensure that steps will be taken to place the child in the physician and psychologist;
Philippines before the child is placed for inter-country adoption: (e) Income tax returns or any document showing the financial capability
Provided, however, That the maximum number that may be allowed for of the applicant(s);
foreign adoption shall not exceed six hundred (600) a year for the first (f) Police clearance of applicant(s);
five (5) years.chan robles virtual law library
(g) Character reference from the local church/minister, the applicant's
Sec. 8. Who May be Adopted. — Only a legally free child may be the employer and a member of the immediate community who have known
subject of inter-country adoption. In order that such child may be the applicant(s) for at least five (5) years; and
considered for placement, the following documents must be submitted to (h) Recent postcard-size pictures of the applicant(s) and his immediate
the Board: family;

(a)Child study; The Rules of Court shall apply in case of adoption by judicial
(b)Birth certificate/foundling certificate; proceedings.
(c)Deed of voluntary commitment/decree of abandonment/death
certificate of parents; Sec. 11. Family Selection/Matching. — No child shall be matched to a
(d)Medical evaluation /history; foreign adoptive family unless it is satisfactorily shown that the child
(e)Psychological evaluation, as necessary; and cannot be adopted locally. The clearance, as issued by the Board, with the
(f)Recent photo of the child. copy of the minutes of the meetings, shall form part of the records of the
child to be adopted. When the Board is ready to transmit the Placement
Authority to the authorized and accredited inter-country adoption agency
Sec. 9. Who May Adopt. — An alien or a Filipino citizen permanently and all the travel documents of the child are ready, the adoptive parents,
residing abroad may file an application for inter-country adoption of a or any one of them, shall personally fetch the child in the Philippines.
Filipino child if he/she:
Sec. 12. Pre-adoptive Placement Costs. — The applicant(s) shall bear the
(a) is at least twenty-seven (27) years of age and at least sixteen (16) following costs incidental to the placement of the child;
years older than the child to be adopted, at the time of application unless
the adopter is the parent by nature of the child to be adopted or the spouse (a) The cost of bringing the child from the Philippines to the residence of
of such parent: the applicant(s) abroad, including all travel expenses within the
Philippines and abroad; and
(b) if married, his/her spouse must jointly file for the adoption;
(b) The cost of passport, visa, medical examination and psychological
(c) has the capacity to act and assume all rights and responsibilities of evaluation required, and other related expenses.
parental authority under his national laws, and has undergone the
appropriate counseling from an accredited counselor in his/her country; Sec. 13. Fees, Charges and Assessments. — Fees, charges, and
assessments collected by the Board in the exercise of its functions shall
(d) has not been convicted of a crime involving moral turpitude;chan be used solely to process applications for inter-country adoption and to
robles virtual law library support the activities of the Board.

(e) is eligible to adopt under his/her national law; Sec. 14. Supervision of Trial Custody. — The governmental agency or
the authorized and accredited agency in the country of the adoptive
(f) is in a position to provide the proper care and support and to give the parents which filed the application for inter-country adoption shall be
necessary moral values and example to all his children, including the responsible for the trial custody and the care of the child. It shall also
child to be adopted; provide family counseling and other related services. The trial custody
shall be for a period of six (6) months from the time of placement. Only
(g) agrees to uphold the basic rights of the child as embodied under after the lapse of the period of trial custody shall a decree of adoption be
Philippine laws, the U.N. Convention on the Rights of the Child, and to issued in the said country a copy of which shall be sent to the Board to
abide by the rules and regulations issued to implement the provisions of form part of the records of the child.
this Act;
During the trial custody, the adopting parent(s) shall submit to the
(h) comes from a country with whom the Philippines has diplomatic governmental agency or the authorized and accredited agency, which
relations and whose government maintains a similarly authorized and shall in turn transmit a copy to the Board, a progress report of the child's
accredited agency and that adoption is allowed under his/her national adjustment. The progress report shall be taken into consideration in
laws; and deciding whether or not to issue the decree of adoption.

(i) possesses all the qualifications and none of the disqualifications The Department of Foreign Affairs shall set up a system by which
provided herein and in other applicable Philippine laws. Filipino children sent abroad for trial custody are monitored and checked
as reported by the authorized and accredited inter-country adoption
Sec. 10. Where to File Application. — An application to adopt a Filipino agency as well as the repatriation to the Philippines of a Filipino child
child shall be filed either with the Philippine Regional Trial Court having whose adoption has not been approved.
jurisdiction over the child, or with the Board, through an intermediate
agency, whether governmental or an authorized and accredited agency, in Sec. 15. Executive Agreements. — The Department of Foreign Affairs,
the country of the prospective adoptive parents, which application shall upon representation of the Board, shall cause the preparation of Executive
Agreements with countries of the foreign adoption agencies to ensure the the same shall be included in the General Appropriations Act for the year
legitimate concurrence of said countries in upholding the safeguards following its enactment.
provided by this Act.
Sec. 20. Separability Clause. — If any provision, or part hereof is held
ARTICLE IV - PENALTIES invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected, shall remain valid and subsisting.
Sec. 16. Penalties. — (a) Any person who shall knowingly participate in
the conduct or carrying out of an illegal adoption, in violation of the Sec. 21. Repealing Clause. — Any law, decree, executive order,
provisions of this Act, shall be punished with a penalty of imprisonment administrative order or rules and regulations contrary to, or inconsistent
ranging from six (6) years and one (1) day to twelve (12) years and/or a with the provisions of this Act are hereby repealed, modified or amended
fine of not less than Fifty thousand pesos (P50,000), but not more than accordingly.
Two hundred thousand pesos (P200.000), at the discretion of the court.
For purposes of this Act, an adoption is illegal if it is effected in any Sec. 22. Effectivity Clause. — This Act shall take effect fifteen (15) days
manner contrary to the provisions of this Act or established State policies, after its publication in two (2) newspapers of general circulation.
its implementing rules and regulations, executive agreements, and other
laws pertaining to adoption. Illegality may be presumed from the Approved: June
following acts:

(1)consent for an adoption was acquired through, or attended by coercion,

fraud, improper material inducement;
(2)there is no authority from the Board to effect adoption;
(3)the procedures and safeguards placed under the law for adoption were
not complied with; and
(4)the child to be adopted is subjected to, or exposed to danger, abuse and
exploitation.

(b)Any person who shall violate established regulations relating to the

confidentiality and integrity of records, documents and communications
of adoption applications, cases and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000), but not more
than Ten thousand pesos (P10,000), at the discretion of the court.

A penalty lower by two (2) degrees than that prescribed for the
consummated felony under this Article shall be imposed upon the
principals of the attempt to commit any of the acts herein enumerated.

Acts punishable under this Article, when committed by a syndicate or

where it involves two or more children shall be considered as an offense
constituting child trafficking and shall merit the penalty of reclusion
perpetua.

Acts punishable under this Article are deemed committed by a syndicate

if carried out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any of the unlawful acts
defined under this Article.Penalties as are herein provided shall be in
addition to any other penalties which may be imposed for the same acts
punishable under other laws, ordinances, executive orders, and
proclamations.

Sec. 17. Public Officers as Offenders. — Any government official,

employee or functionary who shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with private individuals
shall, in addition to the above-prescribed penalties, be penalized in
accordance with existing civil service laws, rules and regulations:
Provided, That upon the filing of a case, either administrative or criminal,
said government official, employee or functionary concerned shall
automatically suffer suspension until the resolution of the case.

ARTICLE V - FINAL PROVISIONS

Sec. 18. Implementing Rules and Regulations. — The Inter-country

Adoption Board, in coordination with the Council for the Welfare of
Children, the Department of Foreign Affairs, and the Department of
Justice, after due consultation with agencies involved in child-care and
placement, shall promulgate the necessary rules and regulations to
implement the provisions of this Act within six (6) months after its
effectivity.

Sec. 19. Appropriations. — The amount of Five million pesos

(P5,000,000) is hereby appropriated from the proceeds of the Lotto for
the initial operations of the Board and subsequently the appropriations of