INTERCOUNTRY ADOPTION


PHILIPPINES


January 2007


DISCLAIMER:  The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.


PLEASE NOTE: The adoption of relatives is common in Philippine culture.  This may result in a desire to adopt a child whose parents are both still alive.  In most cases, that child would technically not be an orphan under the U.S. Immigration and Nationality Act.  If the adoptive child does not qualify as an orphan as defined by the Immigration and Nationality Act, as amended, the adoptive parents will be required to demonstrate that they had legal custody of the child for at least two years AND resided with the child for at least two years during which time they exercised primary parental control.

Prospective adoptive parents may request the assistance of the U.S. Embassy in Manila in determining whether their prospective adoptive child is classifiable as an orphan under U.S. immigration law.  Interested families should solicit information on this process from U.S. Citizenship and Immigration Services (USCIS) at the time they file an I-600A application to adopt from abroad.


PATTERNS OF IMMIGRATION OF FILIPINO ORPHANS TO THE UNITED STATES: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Filipino orphans:

Fiscal Year      Orphan Visas Issued
2006                             245
2005                             271
2004                             196
2003                             214
2002                             221


PHILIPPINE ADOPTION AUTHORITY:  The main government authorities responsible for domestic adoptions in the Philippines are the Regional Trial Courts where adopting parents can file adoption petitions.  These courts work closely with the Department of Social Welfare and Development (DSWD) to investigate and process adoption cases.  For intercountry adoptions, the Inter-Country Adoption Board (ICAB) also works with the DSWD and foreign adoption agencies to ensure that children and adopting parents are qualified.

The Inter-Country Adoption Board
P.O. Box 1622
#2 Chicago corner Ermin Garcia Streets
Cubao, Quezon City, Philippines
Tel: (632) 721-9781/82; (632) 726-4551/68
Fax: (632) 727-2026
E-mail: icaba@skyinet.net
Internet: www.skyinet.net/~icaba/



ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS (FOR U.S. CITIZENS LIVING OUTSIDE OF THE PHILIPPINES):  Under Article III, Sec. 9 of the Philippines’ Intercountry Adoptions Act of 1995 or Republic Act No. 8043: A U.S. citizen permanently residing outside the Philippines may file an application for inter-country adoption of a Filipino child if he/she:

a) Is at least twenty seven (27) years of age
b) at least sixteen (16) years older than the child to be adopted at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent;
c) If married, his/her spouse must jointly file for the adoption;
d) Has the capacity to act and assume all rights and responsibilities of parental authority under his national laws and has undergone the appropriate counseling from an accredited counselor in his/her country;
e) Has not been convicted of a crime involving moral turpitude;
f) Is eligible to adopt under his/her state/federal law;
g) Is in a position to provide proper care and support and to give necessary moral values and example to all his children, including the child to be adopted;
h) Agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act;
i) Possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws.


RESIDENCY REQUIREMENTS (FOR U.S. CITIZENS LIVING IN THE PHILIPPINES):  U.S. citizens interested in adopting a Filipino child while they are living in the Philippines must be residents of the Philippines for at least three years prior to the filing of the adoption petition and maintain such residence until the adoption is finalized.  Prospective adopting parents who meet these requirements should file a petition for adoption with the Philippine Court to begin the adoption process.  This process is completed when the Philippine court issues the Certificate of Finality for Adoption.

U.S. citizens not meeting these residency requirements will have to adopt through the ICAB procedures outlined in the section below.


TIME FRAME: Adoption processing depends upon many variables, including the availability of children to be matched with prospective adoptive parents, the number of prospective adoptive parents on the waiting list, and the caseload of social service agencies and the courts.


ADOPTION AGENCIES AND ATTORNEYS:  Information about accredited Foreign Adoption Agencies (FAAs) licensed to work in the Philippines is available on the ICAB website, at http://www.skyinet.net/~icaba/page10.html, or by request from the U.S. Embassy in Manila.  Neither the Embassy nor the U.S. Department of State assumes any responsibility for the quality of services provided by these private adoption agencies or their employees.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Web site for the Bureau of Consular Affairs at http://travel.state.gov.


FEES: Fees can vary widely depending upon the adoption agency used.


ADOPTION PROCEDURES:  To start the Philippine adoption process, prospective adoptive parents or their accredited FAA must contact the Philippine Inter-country Adoption Board (ICAB).

Intercountry Adoption Process

  1. Application:  The prospective adoptive parents (PAPs) shall file an application with the ICAB through a United States adoption agency.
  2. Endorsement of Child for Inter-Country Adoption:


The Department of Social Welfare and Development (DSWD) should endorse to the ICAB a child who has been previously committed to the Philippine government.  A child is "committed" by way of the "Deed of Voluntary Commitment," a document used by DSWD asking for the biological mother and/or biological parents’ signature prior to matching the child with a prospective adoptive parent.  The document is essentially the parent/s' consent releasing the child to DSWD for subsequent adoption.  In the event that the child is abandoned or neglected and no parent is available to sign the "Deed of Voluntary Commitment," DSWD instead obtains a commitment order from the court.  This endorsement certifies that inter-country adoption is in the best interests of the child. 

3. Matching:
• The Inter-Country Adoption Placement Committee matches the child with a person or couple interested in adopting and refers its proposal to ICAB for approval.
• If the match is approved, the concerned adoption agency in the United States shall be sent a notice of matching proposal.
• The prospective adoptive parents shall notify the adoption agency in the United States of his/her decision within 15 days of receipt of the matching proposal.  Note: The Philippine Inter-Country Adoption Act prohibits contact between the prospective adoptive parents and child’s parents /guardians or custodians.
4. Placement Authority:  The ICAB shall issue the Placement Authority within five working days upon receipt of the prospective adoptive parents’ acceptance of the matching proposal.
5. Application for Immigrant Visa: The child appears at the Embassy for his/her immigrant visa interview.
6. Child travels to the United States: The adoptive parents must escort the child from the Philippines to the United States.
7. Supervision of Trial Custody:  Upon assuming custody of the child, the adoptive parents enter a six-month trial period where the accredited adoption agency in the United States monitors the child’s welfare.
8. Petition for Adoption: After completion of the trial custody period, the adoptive parent should file a petition for adoption before the court in the United States.
9. Final Adoption Decree. The final U.S. adoption decree should be submitted to ICAB within a month after its issuance.


• DOCUMENTARY REQUIREMENTS FOR PHILIPPINE ADOPTIONS:   The following documents, which must be written and officially translated into English, shall accompany the prospective adoptive parents’ application for adoption (Source: Article VIII, Section 28 of the Implementing Rules and Regulations of the Philippine Intercountry Adoption Law (Republic Act 8043):

• Family and Home Study Reports on the family and home of the prospective adoptive parents (PAPs);
• Birth Certificates of the PAPs;
• Marriage certificate of the PAPs or Decree of Absolute divorce, if applicable;
• Written consent of the PAPs biological or adopted children who are ten years of age or over witnessed by the social worker after proper counseling;
• Physical and medical evaluation by a duly licensed physician and psychological evaluation by a psychologist
• Latest income tax return or any other documents showing financial capability of the PAPs
• Clearance issued by the police of other proper government agency of the place where the PAPs reside
• Character reference from the local church minister/priest, the PAPs employer or a non-relative member of the immediate community who have known the PAPs for at least five (5) years;
• Certification from the U.S. Department of Justice or other appropriate government agency that the PAPs are qualified to adopt under their national law and that the child to be adopted is allowed to enter the country for trial custody and reside permanently in the said place once adopted; and
Recent postcard-size pictures of the PAPs and immediate family


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html.


PHILIPPINES EMBASSY AND CONSULATE IN THE US:

Embassy of the Republic of the Philippines, Washington, D.C.
1600 Massachusetts Avenue, NW
Washington, D.C. 20036
Tel - (202) 467-9300
Fax: (202) 467-9417
Email: consular@philippineembassy-usa.org
Website: www.philippineembassy-usa.org

The Philippines also has consulates in Chicago, Honolulu, Los Angeles, New York, and San Francisco. 


U.S. IMMIGRATION REQUIREMENTS: Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  The USCIS publication is available at the USCIS web site. The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs web site, travel.state.gov, under “Intercountry Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.


U.S. EMBASSY IN THE PHILIPPINES:  Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency. The Consular Section is located at:

Embassy of the United States of America, Manila, Philippines
1201 Roxas Blvd.
Ermita, Metro Manila – 1000
Tel: (632) 528-6300


APPLYING FOR A VISA AT THE U.S. EMBASSY IN PHILIPPINES:  The child appears at the U.S. Embassy for his/her immigrant visa. The ICAB serves as a proxy for the adoptive parents.  ICAB prepares all the necessary documents and fees, including passport and medical examination and, if the prospective adopting parents desire, an ICAB representative can accompany the child to the U.S. Embassy for the visa interview.  ICAB will then contact the prospective adopting parents once the immigrant visa has been issued.

The U.S. Embassy welcomes any prospective adoptive parents who choose to accompany their child for the visa interview instead of the ICAB representative.


NOTE:  The Embassy usually takes at least one working day to process the orphan visa after the visa interview; however, processing time can extend to a few days depending on the Embassy’s workload at the time.


ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.


ADDITIONAL INFORMATION: Specific questions about adoption in the Philippines may be addressed to the U.S. Embassy in Manila. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:
• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :
• Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
• Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• USCIS web site - http://uscis.gov/.