SIXTEENTH CONGRESS ) H
REPUBLIC OF THE PHILIPPINES ) {
FIRST REGULAR SESSION ) \

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B, Rodriguez, Jr.

House BillNo.__ 14414

EXPLANATORY NOTE

Republic Act 8043, otherwise known as “An Act Establishing the Rules
to Govern Inter-Country Adoption of Filipino Children, and for Other Purposes’,
was enacted on 07 June 1995. The Law was enacted under the guiding
principles of the Hague Convention on Protection of Children and Cooperation
in Respect of Inter-Country Adoption. The primary purpose of the Hague
Convention is to require a process which ensures that inter-country adoption
of a child is determined to be in the child's best interests, and that all
measures are taken to prevent abduction, sale or traffic of children.

This bill seeks to institute reforms in the process of inter-country
adoption, to make it more responsive to the changes in the concept of
international adoption

One of the features of this legislative measure is the removal of the age
requirement for the adopter, i.e. to be at least twenty seven (27) years old at
the time of the adoption, It likewise seeks to re-name the Inter-Country
Adoption Board as Inter-Country Adoption Authority (ICAA), and introduces
structural changes in the ICAA.

Each Filipino child deserves a family that will protect his/her best
interests. It is therefore the policy of the State to find an adoptive family for
any child found legally free for adoption and to establish an efficient system
for the implementation thereof.

Hence, the immediate passage of this bill is earnestly requested.

RUFWS B, RODRIGUEZ

MAAIMO B. <Sewouts, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1441

AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8043,
OTHERWISE KNOWN AS AN ACT ESTABLISHING THE RULES TO
GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND
FOR OTHER PURPOSES

House Bill No.,

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Article |, Section 2 of RA 8043 is hereby amended and shall read
as follows:

“Section 2. Declaration of Policy, It is hereby declared the policy
of the State to provide every neglected and abandoned child with
opportunities for growth and development. Towards this end, efforts
shall be exerted to IMMEDIATELY place the child with an adoptive
family in the Philippines. However, recognizing that inter-country
adoption ( may be considered as allowing aliens, not presently allowed
by law to adopt Filipino children if such children cannot be adopted by
qualified Filipino citizens or aliens, ) OFFERS THE ADVANTAGE OF A
PERMANENT FAMILY TO A CHILD FOR WHOM A SUITABLE
FAMILY CANNOT BE FOUND IN THE PHILIPPINES, the State shall
take measures to ensure that inter-country adoptions are allowed when
the same shall prove beneficial to the child's best interests, and shall
‘serve and protect his/her fundamental rights."

SECTION 2. Article |, Section 3 of RA 8043 is hereby amended and shall
read as follows:

"Section 3. Definition of Terms.- As used in this Act, the term:

a) _Inter-country adoption refers to the socio-legal process of
adopting a Filipino child by a foreigner or a Filipino citizen permanently
residing abroad where the petition is filed, the supervised trial custody
is undertaken, and the decree of adoption is issued (outside the
Philippines).

b) Child means a person below EIGHTEEN (18) (fifteen (15)
years of age unless sooner emancipated by law.)


C) AUTHORITY REFERS TO THE INTER-COUNTRY
ADOPTION AUTHORITY

D(c) Department refers to the Department of Social Welfare
and Development of the Republic of the Philippines.

E(d) Secretary refers to the Secretary of the Department of
Social Welfare and Development,

F(e) Authorized and accredited agency refers to the State
welfare agency or a licensed adoption agency in the country of the
adopting parents which provide comprehensive social services and
which Is duly recognized by the Department

G(f)_Legally-free child means a child who has been voluntarily
or involuntarily committed to the Department OR TO A DULY
LICENSED AND ACCREDITED CHILD-PLACING OR CHILD-
CARING AGENCY, FREE OF THE PARENTAL AUTHORITY OF
HIS/HER BIOLOGICAL PARENT(S) OR GUARDIAN OR
ADOPTER(S) IN CASE OF RESCISSION OF ADOPTION, in
accordance with the Child and Youth Welfare Code.

H(g) Matching refers to the judicious pairing of the adoptive
child and the applicant to promote a mutually satisfying parent-child
relationship

\(h) Board refers to the BOARD OF THE inter-country
Adoption (Board) AUTHORITY.

J) LIAISON SERVICES REFER TO THE
COLLABORATION OF ACTIVITIES / SERVICES OF FACILITATING
AND PLACING CHILD FOR ADOPTION BY A CHILD CARING /
PLACING AGENCY WITH A FOREIGN ADOPTION AGENCY, AS
APPROVED BY THE BOARD.”

SECTION 3. Article II, Section 4 of RA 8043 is hereby amended and shall
read as follows:
“Section 4. The Inter-Country Adoption AUTHORITY (Board).-
There is hereby created the Inter-Country Adoption AUTHORITY
(Board), hereinafter referred to as the AUTHORITY (Board), to act as
the central authority in matters relating to inter-country adoption. It shall
act as the QUASI-JUDICIAL AND policy-making body for purposes of
carrying out the provisions of this Act, in consultation and coordination
with the Department, the different GOVERNMENT AND NON-
GOVERNMENT child-care and placement agencies, FOREIGN
adoptive agencies, as well as non-governmental organizations
engaged in child-care and placement activities. As such, it shall:


a) Protect the Filipino child from abuse, exploitation,
trafficking and/or sale or any other practice in connection with adoption
which is harmful, detrimental, or prejudicial to the child;

b) Collect, maintain, and preserve confidential information
about the child and the adoptive parents;

c) Monitor, follow-up, and facilitate completion of adoption of
the child through authorized and accredited agency;

d) Prevent improper financial or other gain in connection
with an adoption and deter improper practices contrary to this Act;

) Promote the development of adoption services including
post-legal adoption;

(License and) Accredit child-caring/placement agencies
TO PROVIDE LIAISON SERVICES FOR INTER-COUNTRY
ADOPTION and collaborate AND/OR COORDINATE with FOREIGN
ADOPTION AGENCIES (them) in the placement of Filipino children;

9) — Accredit and authorize foreign adoption agency in the
placement of Filipino children in their own country; and

h) Cancel the license to operate and blacklist the child-
caring and placement agency or adoptive agency involved from the
accreditation list of the Board upon a finding of violation of any
provision under this Act.”

SECTION 4. Article Il, Section 5 of RA 8043 is hereby amended and shall
read as follows:

“Section 5, Composition of the Board OF THE AUTHORITY. ~ -
(The Board shall be composed of the Secretary of the Department as
ex-officio Chairman, and six (8) other members to be appointed by the
President for a nonrenewable term of six (6) years: ) The AUTHORITY
SHALL HAVE A Board (shall) TO be composed of A
REPRESENTATIVE OF THE Secretary of the Department (as ex-
officio Chairman,) WHO SHALL HAVE THE QUALIFICATIONS OF
AN UNDERSECRETARY, one (1) psychiatrist or psychologist, (two)
(2)) lawyer$ who shall have at least the qualifications of a regional trial
court judge, one (1) registered social worker and ONE (1)
representative from non-governmental organizations engaged in child-
caring and placement activities, BUT NOT ACTIVELY ENGAGED IN
THE MANAGEMENT OF SAID ORGANIZATION, AND ONE (1)
REPRESENTATIVE FROM A NON-GOVERNMENT ORGANIZATION
INVOLVED IN CHILDREN’S WELFARE. THE MEMBERS OF THE
BOARD SHALL( to ) be appointed by the President for a
(non)renewable term of (six (6)) FOUR (4) years. HOWEVER, NO
BOARD MEMBER SHALL SERVE FOR MORE THAN TWO


CONSECUTIVE TERMS: (Provided, That) The members of the Board
shall receive a per diem allowance of (One thousand five hundred
pesos (P1,500.00)) FIVE THOUSAND PESOS (P 5,000.00) for each
meeting attended by them: Provided, further, (That no compensation
shall be paid for more than four (4) meetings a month.) THAT THE
BOARD MAY DETERMINE ADDITIONAL COMPENSATION FOR ITS
MEMBERS FOR OTHER TASKS GIVEN TO THEM.

THE MEMBERS SHALL CHOOSE FROM AMONG THEM THE
CHAIRMAN OF THE BOARD.

SECTION 5. Article Il, Section 6, paragraph b of RA 8043 is hereby amended
and shall read as follows:

“Section 6, Powers and Functions of the Board,- The Board shall
have the following powers and functions:

b) to set the guidelines for the convening of THE (an) Inter-
Country Adoption Placement Committee which shall be under the
direct supervision of the Board;

o) | XXX"

M) TO APPOINT THE EXECUTIVE DIRECTOR OF THE
SECRETARIAT

N) TO EXERCISE CONTROL AND SUPERVISION OVER
THE ADMINISTRATIVE FUNCTIONS OF THE
SECRETARIAT

SECTION 6. Article Ill, Section 7 of RA 8043 is hereby amended and shall
read as follows:

“Section 7. Inter-Country Adoption as the Last Resort. The
AUTHORITY (Board) shall ensure that all possibilities for adoption of
the child under the Family Code have been exhausted and that inter-
country adoption is in the best interest of the child. Towards this end,
the AUTHORITY (Board) shall set up the guidelines to ensure that
steps will be taken to place the child in the Philippines before the child
is placed for inter-country adoption, UNLESS THE ADOPTION TAKES,
PLACE WITHIN THE FAMILY UP TO THE SIXTH (6") CIVIL
DEGREE OF CONSANGUINITY, OR UNLESS THE ADOPTION IS
AN EXCEPTIONAL CASE, AS DETERMINED BY THE BOARD.(:
Provided, however, That the maximum number that may be allowed for
foreign adoption shall not exceed six hundred (600) a year for the first
five (5) years.)”

SECTION 7. Article Ill, Section 9, paragraph a of RA 8043 is hereby
amended and shall read as follows


“Section 8. Who May be Adopted.- Only a legally free child may
be the subject of inter-country adoption. IN CASE OF VOLUNTARY
COMMITMENT, THE CHILD SHALL BE PLACED IMMEDIATELY
FOR ADOPTION. PROVIDED, HOWEVER THE SURRENDERING
PARENT RECEIVED APPROPRIATE COUNSELING AND HAS
RELINQUISHED THE CHILD AND SIGNED THE DEED OF
VOLUNTARY COMMITMENT. In order that such child may be
considered for placement, the following documents must be submitted
to the Board:

XXXX

SECTION 8. Article Ill, Section 9, paragraph a of RA 8043 is hereby
amended and shall read as follows

“Section 9. Who May Adopt. Any 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 OF LEGAL AGE, (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 adaptor is the parent by
nature of the child to be adopted or the spouse of such parent;”

SECTION 9. Article III, Section 10 of RA 8043 is hereby amended and shall
read as follows:

"Section 10. Where to File Application.- An application to adopt
a Filipino child shall be filed WITH THE AUTHORITY (either with the
Philippine Regional Trial Court having jurisdiction over the child, or with
the Board,) through an intermediate agency, whether governmental or
an authorized and accredited agency, in the country of the prospective
adoptive parents, which application shall be in accordance with the
requirements as set forth in the implementing rules and regulations to
be promulgated by the AUTHORITY (Board)

The application shall be supported by the following documents
written and officially translated in English:

a) Birth certificate of applicant(s);

b) Marriage contract, if married, and divorce decree, if
applicable;

©) Written consent of their biological or adopted children
above ten (10) years of age WHO ARE LIVING WITH THEIR
PARENTS, OR OVER WHOM PARENTS EXERCISE PARENTAL
AUTHORITY;(, in the form of sworn statement);

d) Physical, medical and psychological evaluation by a duly
licensed physician and psychologist OR PSYCHIATRIST;

e) __ Income tax returns or any document showing the financial
capability of the applicant(s);

f) Police clearance of applicant(s);


g) Character reference from the local church/minister, the
applicant's employer and a member of the immediate community who
have known the applicant(s) for at least five (5) years; and

h) Recent postcard-size pictures of the applicant(s) and his
immediate family;

1) HOME STUDY REPORT; AND

J) CERTIFICATE OF GUARDIANSHIP

(The Rules of Court shall apply in case of adoption by judicial
proceedings.”)

SECTION 10. Article Ill, Section 11 of RA 8043 is hereby amended and shall
read as follows:

Section 11. Family Selection/Matching.- No child shall be
matched to a foreign adoptive family unless it is satisfactorily shown
that NO LOCAL ADOPTIVE FAMILY IS AVAILABLE AT THE TIME
OF THE MATCHING CONFERENCE, WHEN THE PLACEMENT
AUTHORITY IS TRANSMITTED TO THE CONCERNED COURT OF
THE ACCREDITED FOREIGN ADOPTION AGENCY (the child cannot
be adopted locally. The clearance, as issued by the Board, with the
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) and all the travel documents of the child are ready,
the adoptive parents, or any one of them, shall personally fetch the
child in the Philippines.

SECTION 11. Article Ill, Section 13 of RA 8043 is hereby amended and shall
read as follows:

"Section 13. Fees, Charges and Assessments.- Fees, charges,
and assessments collected by the AUTHORITY (Board) in the exercise
of its functions shall be used solely to process applications for inter-
country adoption, and to support the CHILD CARING AGENCIES AND
THE activities of the AUTHORITY (Board).”

SECTION 12. Article Ill, Section 14 of RA 8043 is hereby amended and shall
read as follows:

“Section 14, Supervision of Trial Custody. The governmental
agency or the authorized and accredited agency in the country of the
adoptive parents which filed the application for inter-country adoption
shall be responsible for the trial custody and the care of the child, It
shall also 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 after the lapse of the period of (trial custody) shall a
decree of adoption be issued in the said country, a copy of which shall
be sent to the Board to form part of the records of the child


During the trial custody, the adopting parent(s) shall submit to
the governmental agency or the authorized and accredited agency,
which shall in turn transmit a copy to the AUTHORITY (Board), 4
progress report of the child's adjustment. The progress report shall be
taken into consideration in deciding whether or not ‘o issue the decree
of adoption

THE AUTHORITY SHALL, IN CONSULTATION AND
COORDINATION WITH (T)the Department of Foreign Affairs, ISSUE
THE GUIDELINES (shall set-up a system) by which Filipino children
sent abroad for trial custody are monitored and checked as reported by
the authorized and accredited inter-country adoption agency. THE
DEPARTMENT OF FOREIGN AFFAIRS SHALL, HOWEVER, SET UP
A SYSTEM FOR (as well as) the repatriation to the Philippines of a
Filipino child whose adoption has not been approved.”

SECTION 13. Article IV, Section 17 of RA 8043 is hereby amended and shall
read as follows:

“Section 17. Public Officers as Offenders. Any government
AND NON-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.”

SECTION 14. All laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof inconsistent herewith are hereby repealed or
modified accordingly.

SECTION 15. Separability Clause. - If any provision of this Act is held invalid
or unconstitutional, the other provisions not affected hereby shall remain valid
and subsisting

SECTION 16. This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

Approved,