LEGAL FORMS
LEGAL MEMORANDUM
ATTY. DANIEL LISING
ALYSSA MARIE M. MARAO
NEW ERA UNIVERSITY
III JDA
PROBLEM:
Angelina Jolie visits Manila and falls in love with one of the Children in the Bahay
Ampunan. She contracts your services and asks your legal opinion on how she can go
about her wish to adopt the child. She asks for all the necessary procedural steps to
accomplish the same.
STATEMENT OF THE PROBLEM
Can Angelina Jolie adopt a child in the Bahay Ampunan? What are the necessary
procedural steps she can take to make sure to adopt a child in the Bahay Ampunan?
BRIEF ANSWER
Yes. Angelina Jolie may adopt a child in the Bahay Ampunan if such child cannot be
adopted by qualified Filipino citizens. Inter-country adoption in the Philippines is
governed by Republic Act No. 8043 or the Inter-Country Adoption Act of 1995. The law
allows inter-country adoption to alien only if it shown that the same is for the best
interests of the child.
APPLICABLE LAW THAT APPLIES TO THE PROBLEM
Adoption creates between the two persons a relationship similar to that which results
from legitimate paternity and filiation. In Republic v. Court of Appeals, it was held that
paramount consideration is given to the physical, moral, social and intellectual welfare of
the adopted child for which the law on adoption has in the first place been designed.1
As a general rule, aliens cannot adopt Filipino citizens as this is proscribed under
Article 184 of the Family Code which states:
Art. 184. The following persons may not adopt:
xxx xxx xxx
(3) An alien, except:
a. A former Filipino citizen who seeks to adopt a relative by consanguinity;
b. One who seeks to adopt the legitimate child of his or her Filipino spouse; or
c. One who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in
accordance with the rules on inter-country adoption as may be provided by law.
In Republic v. Vergara, It was discussed that the main purpose of adoption statutes,
which is the promotion of the welfare of children. Accordingly, the law should be
construed liberally, in a manner that will sustain rather than defeat said purpose. The law
1 Republic v. Court of Appeals, G.R. No. 100835, October 26, 1993.
must also be applied with compassion, understanding and less severity in view of the fact
that it is intended to provide homes, love, care and education for less fortunate children.2
The Hague Convention on the Protection of Children and Co-operation in Respect of
Inter-Country Adoption, to which the Philippines is a State Party and is denominated as a
Sending Country. Because the Philippines is party to the Hague Adoption Convention,
children from the Philippines must meet the requirements of the Convention in order to
be eligible for adoption. The Convention protects children and their families against the
risks of illegal, irregular, premature or ill-prepared adoptions abroad. This Convention,
which operates through a system of national Central Authorities, reinforces the UN
Convention on the Rights of the Child and seeks to ensure that inter-country adoptions
are made in the best interests of the child and with respect for his or her fundamental
rights. 3
Pertinently, Republic Act 8043, An Act Establishing the Rules to Govern Inter-
Country Adoption of Filipino Children, and for Other Purposes was implemented in
1995 in the Philippines. This act is also known as the Inter-Country Adoption Act of
1995. This law governs to be the Central Authority on matters relating to the foreign
adoption placement of Filipino children to applicants who are either former Filipinos or
foreigners permanently residing abroad.
HOW IS THE LAW APPLICABLE
Inter-country adoption refers to the adoption of Filipino children by foreign
nationals and Filipino citizens permanently residing abroad.4
The adoption process begins with the application for adoption submitted to the
Inter-Country Adoption Board. The prospective adoptive parents may be an alien or a
Filipino citizen permanently residing abroad. A verified petition to adopt a Filipino child
may be filed by a foreign national or Filipino citizen permanently residing abroad with
the Family Court having jurisdiction over the place where the child resides or may be
found.
Sec. 2 of Republic Act 8043, declared the policy of the State to provide every
neglected and abandoned child with a family that will provide such child with love and
care as well as opportunities for growth and development. Towards this end, efforts shall
be exerted to place the child with an adoptive family in the Philippines. However,
recognizing that inter-country adoption may be considered as allowing aliens not
2 Republic vs. Vergara, G.R. No. 95551. March 20, 1997.
3 See [Link]
adoption
4 Gupit, F., Rules of Procedure in Family Law Annotated, p. 313. (2008)
presently allowed by law to adopt Filipino children if such children cannot be adopted by
qualified Filipino citizens or aliens, 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.
While provided under Sec. 11 of Republic Act 8043, Family Selection/Matching - No
child shall be matched to a foreign adoptive family unless it is satisfactorily shown that
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.
[Link] May Be Adopted
Only a legally free child may be the subject of inter-country adoption. In order
that such child may be considered for placement.
The adoption may take place only if the competent authorities of the Philippines have
determined that placement of the child within the Philippines has been given due
consideration and that an inter-country adoption is in the childs best interests.
A child legally available for adoption is one who has been voluntarily or involuntarily
committed to the Department or to a duly licensed and accredited child-placing or child-
caring agency, freed of the parental authority of his/her biological parent(s) or guardian or
adopter(s) in case of rescission of adoption.5
[Link] Inter-Country Adoption Process
Before the prospective adoptive parent may be allowed to adopt, the prospective adoptive
parents must:
1. Be at least twenty-seven (27) years old and should at least be sixteen (16) years
older than the child to be adopted at the time of application, unless the adopter is
the biological parent of the child to be adopted or the spouse of such parent;
2. If married, his/her spouse must jointly file the application for adoption;
3. Have 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;
4. Have not been convicted of a crime involving moral turpitude;
5. Eligible to adopt under his/her national law;
5 Rep. Act. No. 8552 (1995), Section 3 (b).
6. In a position to provide the proper care and support and to give moral guidance to
his children, the prospective adoptee included;
7. Agree to uphold the basic rights of the child as embodied under the 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 R.A. No. 8043;
8. A national of a country with whom the Philippines maintains diplomatic relations
and whose government maintains a similarly authorized and accredited agency
and that his/her national laws allows inter-country adoption; and
9. Possess all the foregoing qualifications and none of the disqualifications provided
in other applicable Philippine laws.6
With respect to the adoptee, R.A. No. 9523 otherwise known as "An Act Requiring the
Certification of the Department of Social Welfare and Development to Declare a
Child Legally Available for Adoption" mandates that only a child legally available for
adoption may be the subject of inter-country adoption. A child legally available for
adoption refers to a child in whose favor a certification was issued by the Department of
Social Welfare and Development (DSWD) that he/she is legally available for adoption
after the fact of abandonment or neglect has been proven through the submission of
pertinent documents.7
After securing the Certification from the DSWD that the child is legally available for
adoption, the petition/application may be filed in the Regional Trial Court having
jurisdiction over the child or with the Inter-Country Adoption Board, through an
accredited intermediate agency in the country of the prospective adoptive parents.
[Link] Adoption Process
There is hereby created the Inter-Country Adoption Board, hereinafter referred to
as the Board to act as the central authority in matters relating to inter-country adoption.
The ICAB is expected to act upon the application within one (1) month from its receipt.
Documents such as the Child Study and Home Study Reports, Birth or Foundling
Certificate, Certification from the DSWD that the child is legally available for adoption
must be submitted together with the application. Applications are reviewed and processed
only when the required documents are completely submitted.
Matching the prospective adoptive child with an applicant shall thereafter be carried out
in a matching conference conducted by the ICAB. The process of matching entails the
review of adoption dossiers, submission of matching proposals, and deliberations.
6 Republic Act 8043, Sec. 9.
7 See
[Link]
ountry+Adoption
Matching or child referral will depend largely on the stated child preference of the PAP.
This usually takes two (2) to three (3) years after the approval of the matching proposal.
Upon approval of a matching proposal, notice shall be given to the concerned Central
Authority or foreign adoption agency. After the applicant has accepted the matching
proposal, the ICAB shall issue a Placement Authority. The applicant is thereafter assessed
for pre-adoptive placement fees which may range anywhere between US$2000 to
US$3000 per placement. The amount varies from one child to another. Factors such as
visa fees and medical examinations contribute to the variance in fees.
The 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.
OPTIONS FOR CLIENT
In Republic v. Toledano, it was held that adoption is geared more towards the
promotion of the welfare of the child and enhancement of his opportunities for a useful
and happy life.8
While Angelina Jolie unquestionably is not permitted to adopt under any of the
exceptional cases enumerated in paragraph 3 of Article 184 of the Family Code, She,
however, may adopt in accordance with the rules on inter-country adoption as may be
provided by law and such application for adoption may be granted as long as the
requirements provided in Republic Act 8043 or Inter-Country Adoption Act of 1995 is
complied and it is proven that the purpose of such adoption is for the best interest and
welfare of the child.
8 Republic v. Toledano, G.R. No. 94147, June 8, 1994.
