6/19/2015
Inter-Country Adoption Process:
Relative Adoption
Definition
Relative Adoption as applies to intercountry adoption refers to the
adoption of Filipino child/ren by
relatives residing abroad (former
Filipinos) within the fourth (4th)
degree of consanguinity or
affinity.
6/19/2015
Degree of Relation
(4th degree of consanguinity or affinity)
Childs grandparents
3rd
2nd
Childs
birthparent/s
siblings
Childs
aunt/uncle
1st
4th
Prospective
Adoptive
CHILD
1st
cousins
Prospective
Adoptive
PARENTS
Relatives
(former
Filipinos)
residing abroad intending to
undertake
inter-country
adoption (via ICAB) and have
the intention to bring the child
to their country of residence
MUST first secure the approval
from their Central Authority or
appropriate government agency
before filing any adoption
petition.
6/19/2015
Relative adoption should NOT
be used in anyway to
circumvent immigration laws
and policies of the Receiving
States. The purpose of the
adoption is to provide a family
to a child who needs a
permanent home.
Relative Adoption Process Flow Chart
Childs Eligibility Assessment for
Inter-Country Adoption
ICABs received the
QRAA from FAA/CA
ICAB Social Worker (RILAU)
reviews QRAA and refer child
to concerned DSWD-Field
Office for eligibility
assessment
QRAA-Questionnaire
for Relative Adoption
Applicants (download
at: www.icab.gov.ph)
Rilau
Relative
Intercountry and Local
Adoption Unit
Time
frame
from
request to receipt of
assessment
is
3-6
months
6/19/2015
DSWD Special
Operations Office:
Adoption and SWATO
forward the dossier
to ICAB
If information and
supporting
documents is
incomplete, request
DSWD to complete
info and SDs
ICAB received
additional
information and
supporting
documents
DSWD Field Office forward
the dossier of child to DSWD
Special Operations Office:
Adoption and SWATO
-Child Study
Report
- Supporting
Documents
If complete, ICAB inform FAA/ CA
to endorse/submit the adoption
application dossier of the PAPs
ICAB Social Worker may
personally home visit and
interview the child,
guardians and birthparents
to confirm or gather
additional info pertinent to
the case
IMPORTANT INFORMATION THAT MUST BE
INCORPORATED IN THE CHILD STUDY REPORT
FOR RELATIVE ADOPTION CASES
Description on the living circumstances of childs
birthparents and their capacity to continue to care for the
child
Description on the nature of the relationship of the child
with his/her birthparents and siblings (if any). What
contact does the child has with the biological family.
Birthparents understanding about the losses and benefits
of an inter-country adoption. How would they address the
issues now and in the future, in the event the adoption was
to happen?
How did the idea of adoption originated?
Have all possibilities for child to grow up in the Philippines
been considered?
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The circumstances of the extended family in the
Philippines and the options for care of child in the
Philippines, if the birthparents are unable to care for
her.
To whom is child primarily attached to. Please
describe the nature of the relationship with the
person/s.
Please provide particular physical, emotional and
psychological needs of child.
Describe childs understanding of his/her adoption.
What is his/her opinion on the proposed adoption?
What current contact does child have with
Prospective Adoptive Parents (PAPs)
How do the birthparents describe their relationship
with the PAPs? What current contact do they have
with one another?
How do the birthparents understand the impact of the
separation of child with them, their birth country and
current environment now or in the later years?
If the adoption will not push through, what are the plans of
the birthparents for the child?
If the child will go through the process of CDCLAA and ICA
clearance (i.e in cases of adoption beyond the 4th degree of
consanguinity or affinity), what are the birthparents
thoughts about the possibility of their child being matched
with non-relatives families?
Information if there is any other or previous attempt(s) to
bring the child to other country (i.e. through medical,
tourist, student or relative visa)
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Information if there was any effort made to adopt the
child within the Philippine court system. If in fact
there was an effort made to adopt the child with the
Philippine court system, a Motion to Withdraw that
petition has been filed (copy of the Motion must form
part of the childs dossier)
Professional judgment or statement and
recommendation on the proposed adoption
Adoption Application of PAPs
ICAB received adoption
application dossier of PAPs
-Home Study
Report
- Supporting
Documents
PAPs dossier for review of ICPC where issues and concerns
pertaining to HEALTH, PSYCHOLOGICAL and LEGAL aspects of
PAPs are present.
Matching
at Board
Level
Once the ICAB social worker has determined the
completeness and consistency of the child and PAPs
report and supporting documents, it shall prepare the
EXECUTIVE SUMMARY with the social workers assessment
and recommendation of the application and adoptive
placement for Boards decision
DEFERMENT
by
ICAB
(once
additional
info
provided, present to
Board for final decision
APPROVAL
by ICAB
Executive
Summary
DISAPPROVAL
by ICAB (dossier
returned to CA/FAA)
6/19/2015
Step-parent adoption
ICAB does not exercise jurisdiction over step-parent adoptions.
Under the Philippine laws, there are two ways to adopt a stepchild:
a. A petition for local/domestic adoption through the Philippine
courts may be filed.
b. If allowed by the receiving country, step-child may be sponsored
by the step-parent to enter the country and finalize adoption in
the said country. Once the Adoption Decree is issued, the
adoptive parents may file a petition for recognition of foreign
judgment before the Philippine courts which has the
jurisdiction to order issuance of a new birth certificate. (See
NSO Memorandum Circular No. 2007-008 Re: Guidelines on the
Annotation of Civil Registry Documents Involving Foreign
Judgments/Orders)
Adoption of a relative beyond the 4th degree of consanguinity or
affinity
Considering that the relationship is beyond the 4th degree of
consanguinity or affinity, the case is not a relative adoption but
considered an Independent Placement/ Pre-Identified Placement.
All children must undergo the following process before they can be
cleared for inter-country adoption:
a. Issuance of the Certificate Declaring a Child Legally Available for
Adoption (CDCLAA) as provided by Republic Act 9523 (RA9523) by the
Department of Social Welfare and Development (DSWD) as a prerequisite for any adoption proceeding by non-relatives.
b. Prior to the issuance of Inter-Country Adoption (ICA) clearance, the
child must undergo the domestic/local matching. If no domestic
adoption families are available, the child will be issued an ICA Clearance
and the documents will be transmitted to ICAB, only then will ICAB
acquire jurisdiction over the case.
