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.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus 8. Rodriguez
HouseBill.No.5L315
AN ACT
AIVIENDING   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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION  1. Article I, Section 2 of RA 8043 is hereby amended and shall read as follows:
"Section 2.  Declaration of Policy.- lt 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 I, 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)          AUTHORllY    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  0R  CHILD-CARING  AGENCY,   FREE  OF  THE
PARENTAL AUTHORITY OF  HIS/HER BIOLOGICAL  PARENT(S)  OR GUARDIAN
OR  ADOPTER(S)  lN  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.
I(h)       Board  refers  to  the  BOARD  OF  THE  Inter-country  Adoption  (Board)
AUTHORITY.
J)           LIAISON    SERVICES    REFER    TO    THE    COLLABORATION    OF
ACTIVITIES    /    SERVICES    0F    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 11, 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 QUAsl-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,  trafflcking  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;
e)          Promote  the  development  of  adoption  services  including  post-legal
adoption;
f)           (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;
g)          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 11, 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-offi'ci.o Chairman,  and
six (6) 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))  lawyers  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   IVIEMBER   SHALL   SERVE   FOR   MORE   THAN   TWO
CONSECUTIVE TERIVIS: (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 11, 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;
c)           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     (6th)     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)          ls 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 Ill, 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;
c)           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;
I)            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),   a   progress   report   of  the   child's
adjustment. The progress report shall be taken into consideration in deciding whether
or not to issue the decree of adoption.
THE   AUTHORITY   SHALL,   lN   CONSULTATION   AND   COORDINATION
WITH (T)the Department of Foreign Affairs, lssuE 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.      -   lf   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,