DISTINCTIVE CHARACTERISTICS OF THE PHILIPPINE INTERCOUNTRY ADOPTION PROCESS

4 TH Asia Pacific Regional Conference of the HccH 26 October 2011 Mandarin Oriental Hotel Manila, Philippines

Background

 29 May 1993 Signing of the ‘93 Convention  7 June 1995 Philippine Congress passes RA 8043 (Intercountry Adoption Act of 1995)   26 December 1995 – The Implementing Rules and Regulations on RA 8043 are passed.

8 January 2004 – Amendment of the Implementing Rules and Regulations  2 July 1996 Deposit of the Instrument of Ratification  1 November 1996 Entry into force of the ‘93 Convention

Principle of Subsidiarity

Community

Child Caring Agencies DSWD issuance of Certificate of Adoptability RA 9523 Central Local Matching at DSWD Matched Domestic Adoption RA 8552 Unmatched Issuance of Clearance for Inter country Adoption and endorsement to ICAB

RA 9523

Requirements for the issuance of Certificate that child is legally available for adoption 1.

Social Case Study Report 2.

Proof of efforts to locate parents a. Written certification of media of the airing on three different occasions b. Publication in a newspaper of general circulation c. Returned registered mail to the last known address of parents/relatives 3. Birth certificate 4. Recent photograph of child upon admission to agency

RA 8552

Who may adopt • Any alien possessing the following qualifications: •In possession of full civil capacity •Good moral character •Not convicted of any crime involving moral turpitude •Emotionally capable •16 years older than adoptee •Financial capacity •Country has diplomatic relations with the Philippines Requirements waived for relative adoptions within the 4 th degree: • Living in the Philippines for 3 continuous years prior to filing and maintains residence until adoption decree is entered • Certified by diplomatic/consular/appropriate government agency of • legal capacity to adopt • adoptee may enter country as an adopted son/daughter

Gap in RA 8043

• ICAB law grants jurisdiction to ICAB to place children fifteen (15) years and below only • Children aged 15 to 18 must go to the regular courts for adoption

DSWD Issues ICA Clearance Dossier of Child forwarded to ICAB If info/data complete/substa ntive - Inclusion of Child/ren in ROCM ICAB Secretariat Notifies CCA on Pre Matching/Matching Conference Schedule

ICAB Secretariat Reviews & Assesses Suitability and Eligibility for Inclusion in Roster of Cleared Children (ROCC) and Roster of Children for Matching (ROCM) If info/data incomplete/non substantive: Inclusion in ROCC but request additional info

Upon completion of requested additional info, inclusion in ROCM

Screening of Adoptive Parents

Applications received By ICAB ICAB screens Applications from Appropriate Central Authority/Phil. Accredited FAA Applications Received from Other Sources Review of Home Study Report & Supporting Documents (Secretariat and ICPC) Deferment of Approval by ICAB (Awaiting additional Info/SDs) CA/FAA Submits Additional Info/SDs Elevation to ICA Board for approval PAPs’ dossier Approval by ICAB

ENTRY TO ROSTER OF APPROVED APLLICANTS (RAA)

Disapproval by ICAB Dossier Returned to CA/ FAA 8

Composition of the Board

Secretary of the DSWD Corazon Juliano Soliman is the

Ex-officio chairperson of the ICAB

and has designated Undersecretary

Alicia Bala

as the Alternate Chairperson Psychiatrist: Aida L. Muncada, MD Lawyer: Atty. Maria Cielo Rondain

Social Work

Representative: Prof. Lyra del Castillo Lawyer: Atty. Noel del Prado

NGO

Representatives: Sr. Maria Socorro Evidente, DC Rafael Tinio 9

Child cleared for ICA Approved PAPs Issuance of Affidavit of Consent to Adoption & Finalization of Adoption

Post Legal Adoption Services (Motherland Tour, Search & Reunion)

ICAB Flowchart

Secretariat & INTERCOUNTRY PLACEMENT COMMITTEE Matching Conferences

6 mo. Trial custody Period – 3 Post Placement Reports Action of the Board:

Approval/ Disapproval

Accept: Issue

PLACEMENT AUTHORITY

and Process Travel Documents Not Accepted: notify CCA; for endorsement to 2 nd PAP if available or rematching

Disapproval –

notify CCA; rematching Approval – notify CCA/ endorse Matching Proposal to FAA

Acceptance/ Non acceptance

10

POST ADOPTION

  

Motherland Tour Request for Information Search and Reunion

  Of legal age as defined by receiving country Emotional maturity  Exception: emotional well being

Authorization of Foreign Partners

 License to operate an adoption agency  With authority to process international adoptions  Has a proven track record of at least five (5) years  Governing board and administrative staff – competent and responsible child welfare oriented leaders  Audited financial statements of at least the past three (3) years  A physical office

RE-ACCREDITATION/ AUTHORIZATION OF FOREIGN PARTNERS

    Compliance with requests to temper quality and number of applications sent Disruptive placements Timely submission of reports Capacity and willingness to place children with special needs  Children with disabilities  Negative background  Abused  From incestuous relations  Older Children 9 to 18 years

LIAISON AGENCIES



Local presence not required



Duties:

 Assists in securing additional information and documents prior to matching      Endorsement of documents Assists in transfer of children from provinces Assists in emotional and psychological preparation of children Facilitation/coordination in the adoptive parents travel itinerary Assists in the family orientation on the childs habits and preferences    Accompany family for entrustment Report any problems encountered to ICAB Ensure the regular submission of post placement reports, decree of adoption and naturalization  Assists in post adoption programs and services

Cooperation between Central Authorities and Partners:

• • Necessary to regulate the number and quality of applications sent to countries of origin Prevention of trafficking • Cooperative nature of convention requires close cooperation

Thank you.