14'h CONGRESS OF THE 
1' REGULAR SESSION 
SENATE BILL No. ~
~
'
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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 hidher best interests. 
li 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. 
JR. 


SNBTE 
fPF 'Ti I& SECw 
14'h CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
1' REGULAR SESSION 
SENATE BILL No. 
AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 
8043, OTHERWISE KNOWN AS AN ACT ESTABLISHING THE RULES TO 
OTHER PURPOSES 
GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR 
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.- 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 hislher 
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). 
Child means a person below EIGHTEEN (18) (fifteen (15) 
b) 
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. 
Legally-free child means a child who has been voluntarily or 
involuntarily committed to the Department OR TO A DULY LICENSED 
FREE OF THE PARENTAL AUTHORITY OF HlSlHER BIOLOGICAL 
PARENT(S) OR 
GUARDIAN OR 
ADOPTER(S) 
IN CASE OF 
RESCISSION OF ADOPTION, in accordance with the Child and Youth 
Welfare Code. 
G(f) 
AND ACCREDITED CHILD-PLACING OR CHILD-CARING AGENCY, 
H(g) Matching refers to the judicious pairing of the adoptive child 
and the applicant to promote a mutually satisfying parent-child relationship. 
Board refers to the BOARD OF THE Inter-country Adoption 
I(h) 
(Board) AUTHORITY. 
J) 
LIAISON SERVICES REFER TO THE COLLABORATION 
OF ACTIVITIES I SERVICES OF FACILITATING AND PLACING CHILD 
FOR ADOPTION BY A CHILD CARING I PLACING AGENCY WITH A 
FOREIGN ADOPTION AGENCY, AS APPROVED BY THE BOARD.” 
SECTION 3. Article I I ,  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 
c) 
Monitor, follow-up, and facilitate completion of adoption of 
Prevent improper financial or other gain in connection with 
about the child and the adoptive parents; 
the child through authorized and accredited agency; 
d) 
an adoption and deter improper practices contrary to this Act; 
e) 
Promote the development of adoption services including 
post-legal adoption; 


9 
(License and) Accredit child-caringlplacement 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 II, 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 (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 
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. 
ORGANIZATION, AND ONE (1) REPRESENTATIVE FROM A NON- 
THE MEMBERS SHALL CHOOSE FROM AMONG THEM THE 
CHAIRMAN OF THE BOARD. 
SECTION 5. Article II, 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) 
x x x " 
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 111, 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‘h) 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 111, 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: 
x x x x  
SECTION 8. Article 111, 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 hekhe; 
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;” 
a) 
SECTION 9. Article 111, Section 10 of RA 8043 is hereby amended and shall read 
as follows: 
“Section I O .  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 
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 (IO) 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 churchlminister, the 
applicant's employer and a member of the immediate community who 
have known the applicant(s) for at least five (5) years; and 
Recent postcard-size pictures of the applicant(s) and his 
immediate family; 
written and officially translated in English: 
h) 
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 111, 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 111, 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 counselling 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, 
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. - I f  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,