SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

_ Introduced by Representative Maximo B. Rodriguez,
House Bill No. 4004

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 eamestly requested.

tp

smo seve JR.


SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.
House Bill No. 4004

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

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 piace 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:

@) __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

Gif) _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 Il, 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:

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;

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 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
Fegional 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 shalll 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
shail 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:

ce) 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 III, 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 shalll not exceed six hundred (600) a year for the
first five (5) years.)”

SECTION 7. Article III, 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 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 transiated 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 retums or any document showing the financial
capability of the applicant(s);
Police clearance of applicant(s);

9) 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:

)) 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 lll, 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
Tesponsible 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 shail 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
govemment 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,