VIDA -
Philippines
The Hague Adoption Convention enters into force
with
respect to the United States on April 1, 2008. Effective
April 1,
2008, intercountry adoptions between the United States and other
Convention countries like the Philippines must comply with the Hague
Adoption Convention.
Effective April 1, 2008, Hague Adoption Convention
cases
are processed on Form I-800A or the Application for Determination of
Suitability to Adopt a Child from a Convention Country, and Form I-800
or the Petition to Classify Orphan as an Immediate Relative.
Children available from the Philippines are,
generally,
one year of age and older. Families are encouraged to consider healthy
male infants At the present time, the Philippines has a waiting list
for girls under 8 years, unless they are special needs. The Philippines
has requested that families first consider male children of all
ages.  Older
children and siblings groups are referred through a special program
that is generally faster. Memo from ICAB dated 9/12/06 states that
applicants who prefer to be matched only with female infants will no
longer be accepted by ICAB. This is in view of the very limited number
of female infants available for inter-country adoption. In some cases a
presentation is first made to the Philippines, in order to determine
eligibility. An application specifically for this program is
required.
Families who apply for children with special needs
are
prioritized. All adoptions are through the government and children are
most often living in orphanages.
Generally ICAB informs families that the waiting
period
under the Philippine ICA program is one year, but for a female child
under 8 years, the wait could be up to 3 years Filipino
culture
recognizes the female children to have a sense of responsibility,
submissiveness and commitment to the care of elderly parents.
Therefore a daughter more frequently remains with the birthfamily.
Philippine Adoption Authority
The authority responsible for adoptions is the
Philippine Department of
Social Welfare and Development(DSWD). DSWD is the only
authority
legally allowed to place children in the Philippines. All international
adoptions must proceed through the Intercountry Adoption Board (ICAB).
It is important to review the Intercountry Adoption Board’s website
www.icab.gov.ph Matching is recommended by the local DSWD and the
orphanages or facility responsible for the child. Families living in
the Philippines are a priority and then other persons of Filipino or
Asian background. However Europeans are not discouraged from applying,
especially for male infants, children over 5, and siblings.
Philippine Adoption Procedures
The DSWD assigns social workers, at the provincial
level of local
government throughout the country. These social workers start
the
adoption process by conducting a child study for abandoned foundlings
as well as for children released for “voluntary commitment”
by
the natural parents. Local courts throughout the Philippines
process petitions to declare children abandoned. They do so
after
receiving a “deed of voluntary commitment” signed by either the natural
mother or father.
As of March 12, 2009, Republic Act No. 9523
entitled “An Act Requiring
the Certification of the Department of Social Welfare and Development
(DSWD) to declare a “Child Legally Available for Adoption” as a
prerequisite for adoption proceedings was granted.
Filipino families frequently adopt relatives and
not as frequently
unrelated children. Once the DSWD is given custody, all documents,
including the original birth certificate are forwarded to
Manila.
For overseas adoptions, the DSWD handles the petitioning processing on
behalf of the children and VIDA. Philippine attorneys are
only
involved in domestic adoptions of Filipino children by relatives.
Relative Information
A letter of inquiry and a Relative Adoption
Questionnaire are required
to be submitted to ICAB. The questionnaire must be duly endorsed, as
well as the support documentation attached. Initial assessment of the
case to determine if the child is eligible for intercountry adoption
and the prospective adoptive parents eligibility. ICAB defines the term
relative as relatives within the 4th degree of consanguinity. In cases
where the degree of consanguinity between the prospective adoptive
parent and the prospective adopted child is beyond the 4th degree, ICAB
may decide applying the child’s best interest principle. These cases
are considered Independent Placement.
NOTE:
Independent placement/pre-identified adoption is NOT generally
permitted, except in case of relative adoptions.
If an identified adoption is considered
an independent adoption,
please take note that the child’s dossier will also have to be cleared
by the DSWD-Projects and Policy Bureau. The dossier for the child is
then referred to ICAB, and there is a possibility the child could be
referred to another family or an immediate relative, preferably living
in the Philippines.
Families who adopt through the local courts in the
Philippines are
responsible for processing the necessary visa application at the US
Embassy in Manilla. ICAB’s only involvement is the facilitation of the
home study report of the prospective adoptive parents. Follow ups or
post placement reports are not required for local adoption cases,
particularly for relative adoptions. The social worker of the
Department of Social Welfare and Development was tasked to provide the
reports before the adoption was finalized in the Philippines. However,
all families working with VIDA are required to fulfill VIDA’s post
placement requirements.
Requirements
Minimum age of applicant(s) 25- The maximum age
gap to be considered
between the child and the prospective adoptive parent is 45 years old.
Marriage- The Inter-Country Adoption board has
amended the marriage
requirement for prospective adoptive parents. The Board will now
consider the length of the common law relationship (that culminated in
a legal marriage) in the determination of the stability of the
relationship. Thus, those who have been married for one year but have
been living together in a common law relationship for several years
will now be considered as long as the foreign adoption agency will
certify the length of the common law relationship. Effective February
15, 2008
Single applicants are considered for children 10
years plus
Travel
Families are required to travel for approximately
five
days. No child may be removed from the Philippines by any
person
other than the adopting parents without ICAB approval. ICAB processes
the visa with the American Embassy. Once a determination is made
whether the child is granted a visa or denied a visa, ICAB will notify
VIDA. If the visa is approved, VIDA is notified and travel arrangements
will be made. No travel is permitted before the travel packet is
completed with VIDA and ICAB notifies VIDA that the visa is approved.
|
