LOCAL ADOPTION: REQUIREMENTS AND PROCEDURES
Adoption is defined as a socio-legal process of providing a permanent family to a child whose parents have voluntarily or involuntarily relinquished parental authority over the child.
Adoption is for children who cannot be reared by their biological parents and who need and can benefit from new and permanent family ties. Adoption provides the same mutual rights and obligations that exist between children and their biological parents. It comprises of social work and other professional services that are required in the placement of children in adoptive families.
Children whose parents are either absent or unable to function as parents require the protection of the State. Protection of the child requires sufficient study to make certain that the placement is suitable and present no hazard to the child’s growth and development. The State through the Department of Social Welfare and Development has a concern in every adoption including those by stepparents and relatives.
There are three types of adoption in the Philippines:
Agency adoptions are those in which a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed. The adoptive families go through the process from application to finalization of the child’s adoption under the auspices of the Department of Social Welfare and Development or a licensed child-placing agency like the Kaisahang Buhay Foundation. Through this type of adoption, the legal rights of the child, the parents who gave birth to the child and the parents who will adopt the child, are all equally protected.
Family or relative adoptions are those where the biological parents make a direct placement of the child to a relative or a member of their extended family with whom they relinquish their child.
Private or independent adoptions could either be a direct placement to a family known by the child’s biological parents or through the use of an intermediary or a go-between. In an intermediary placement, an individual knows of parents who want to have their child adopted and arranges such placement to a family or someone who wants to adopt. These intermediaries are generally well-meaning and have good intentions. However, one must be wary of “black market” placements which involve an intermediary who brings together a person who has a child and individuals who want to adopt, for the sole purpose of making a profit. This practice does not consider the best interests of the child nor the legal rights of biological parents and adoptive parents.
The following are components of adoption:
- Recruitment of potential adoptive families who may provide a home to a child;
- Development of adoptive applicants as parents to a particular child in need of a home;
- Selection of a family who can best contribute to the total development of a particular child;
- Preparation of the child and family prior to placement to insure acceptance and readiness for the new relationship;
- Supervision of trial custody for at least six months to facilitate the child’s adjustment in the family prior to the completion of adoption;
- Preparation for removal of the child from the adoptive home if the placement disrupts while alternative plans are being worked out;
- Finalization of adoption and termination of service with issuance of the final decree of adoption and amended birth certificate;
- Organization of groups of adoptive parents as part of support system
TRAVEL CLEARANCE FOR MINORS
A travel clearance is a document issued by the DSWD to a Filipino child (below 18 years of age) traveling abroad alone or with someone other than his/her parents.
WHO NEEDS A TRAVEL CLEARANCE?
A minor traveling alone to a foreign country ;
A minor traveling to a foreign country accompanied by a person other than his or her parents.
WHO DOES NOT NEED TRAVEL CLEARANCE?
All minors other than those cited above, for example:
A minor traveling to a foreign country with either parent or with his or her solo parent or legal guardian;
A minor traveling abroad whose parents are in the Foreign Service or living abroad or are immigrants, provided he/she is holding a valid pass such as a dependents visa/pass/identification card or permanent resident visa/pass/identification card which serves as proof that he/she is living with parents abroad and their travel does not constitute child trafficking.
DOES A MARRIED MINOR REQUIRED TO SECURE A TRAVEL CLEARANCE
A minor, regardless of civil status who is traveling alone or with other person/s is required to secure a travel clearance.
IS A MARRIED MINOR REQUIRED TO SECURE A TRAVEL CLEARANCE?
A minor, regardless of civil status, who is traveling abroad alone or with person/s other than his/her parent is required to secure a travel clearance.
WHAT ARE THE REQUIREMENTS IN SECURING A TRAVEL CLEARANCE?
A. For a minor traveling alone to a foreign country for the first time
Duly accomplished application form
A photocopy of the birth certificate of minor
A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country
As appropriate, a photocopy of the marriage certificate of the minor’s parents or a photocopy of the certificate of legal guardianship of the minor or in the case of solo parents, a photocopy of the solo parent identification card from the Municipal Social Welfare and Development Office or a photocopy of a certification from the Local Social Welfare and Development Office of being a solo parent or Tallaq or Faskh certification from the Shariah court or any Muslim Barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage (CENOMAR)* from the National Statistics Office (NSO) or in the case of a deceased parent, a photocopy of the death certificat
*Issuance of CENOMAR will take 1-5 days for cases of uncommon
surnames and 1-15 days for common surnames.
* Issuing office of CENOMAR is the National Statistics Office not the Local Civil Registrar.
5. Two colored passport size photos of the minor taken within the last six (6) months
B. For a minor traveling for the first time with a person other than the parents or legal guardian
Duly accomplished application form
A photocopy of the birth certificate of minor
A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them
As appropriate, a photocopy of the marriage certificate of the minor’s parents or a certificate of legal guardianship of the minor or in the case of solo parents, a solo parent identification card from the Municipal Social Welfare and Development Office or a certification from the Local Social Welfare and Development Office of being a solo parent or a court decree of separation, annulment or divorce, or Tallaq or Fasakh certification from the Shariah court or any muslim barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage (CENOMAR) *from the National Statistics Office or in the case of a deceased parent, a photocopy of the death certificate
* Issuance of CENOMAR will take 1-5 days for cases of
uncommon surnames and 1-15 days for common surnames
*Issuing office of CENOMAR is the National Statistics Office not the Local Civil
Registrar
5. Two colored passport size photos of the minor taken within the last 6 months.
6. Photocopy of the passport of the traveling companion
C. In case of illegitimate children who is traveling abroad accompanied by their biological father, they are still required to secure a travel clearance certificate as parental authority is vested only to the mother of the child, per Article 176 of the Family Code of the Philippines.
IS THERE A VALIDITY PERIOD FOR A TRAVEL CLEARANCE?
A DSWD travel clearance is valid for a period of one (1) year from the date of issuance and shall be valid for multiple travels within the validity period, provided the conditions under which the travel clearance was issued have not changed. If a change in condition occurs like a change in traveling companion, a new travel clearance must be obtained.
HOW MUCH IS THE PROCESSING FEE FOR A TRAVEL CLEARANCE ISSUED TO A MINOR?
The DSWD shall collect a processing fee for each travel clearance issued to minors traveling abroad under the following options:
Php 300.00 with validity of one (1) year.
Php 600.00 with validity of two (2) years.
WHERE CAN ONE FILE THE APPLICATION?
The application for travel clearance, together with the supporting documents required shall be submitted/filed at anyDSWD Field Office.
Application forms maybe obtained from any DSWD-Field Office or maybe downloaded from the website www.dswd.gov.ph. [click here to download application form in MS Word Format]
On the appointed date, go to the nearest DSWD Field (regional) office which processed your application to submit the original copy of your supporting documents and pay PhP300.00 per travel clearance certificate. The travel clearance certificate will be obtained thereafter.
Other Frequently Asked Questions…
ARE THE FOLLOWING MINORS EXEMPTED FROM SECURING A TRAVEL CLEARANCE?
- A minor with permanent residency card
- A minor who holds a valid pass such as dependents visa/pass/identification or permanent resident visa/pass/identification card is no longer required to secure travel clearance from DSWD. A permanent residency card is a valid pass and a holder of such is exempted from securing a travel clearance.
- A minor born abroad but has no permanent residency card
- It depends on the minors citizenship or residency. A minor who is not a Filipino citizen and holds a foreign passport is not required to secure a travel clearance. A minor who is a Filipino citizen and living abroad who does not hold a permanent resident visa/pass/identification card is required to secure a travel clearance.
WHO WOULD GIVE THE CONSENT FOR THE TRAVEL OF A TOTALLY ORPHANED MINOR WHO HAS NO APPOINTED LEGAL GUARDIAN?
Paternal/maternal grandparents who exercise parental authority over a minor whose parents are both deceased may issue the consent even without guardianship order from the Court. But in cases where both the paternal/maternal grandparents are deceased, relatives/acting guardians of the minor should work for their legal guardianship over the minor.
WHAT ABOUT THOSE CHILDREN WHOSE PARENTS HAVE MARITAL CONFLICT AND ARE ON HOLD ORDER?
A minor who is the subject of ongoing custody battle between parents will not be issued a travel clearance unless a Court Order is issued to allow the child to travel abroad with either one of his/her parents or authorized guardian. The family shall be responsible to notify the Bureau of Immigration to include the name of the child/ren in the watchlist of minors travelling abroad. It is therefore the Bureau of Immigration’s responsibility to ensure that no child under the watchlist order leaves the country.
CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?
Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.
IS A FAXED COPY OF THE PARENTAL CONSENT OF PARENTS RESIDING ABROAD ACCEPTABLE?
Yes, a faxed copy is acceptable. Likewise, a computer generated photo of minors and emailed documents are acceptable.
WHAT ARE THE REQUIREMENTS FOR ILLEGITIMATE CHILDREN ABANDONED BY THE MOTHER AND UNDER THE CUSTODY OF THE FATHER OR OTHER RELATIVES WHO WILL BE TRAVELING ALONE OR WITH THE FATHER OR OTHER RELATIVES?
Since the mother has the absolute parental authority over her illegitimate children the father would need to secure a Court Order vesting in him the parental authority over the illegitimate children. If a parental authority has been granted to the father, and the minor will be traveling with the father, he is not required to secure a travel clearance. If the minor will travel alone or with someone other than the father, he/she is required to secure a travel clearance.
Post-legal adoption counselling when adoptive family and adoptee need further counselling related to information about adoptee’s background and search for his/her biological parents.
EFFECTS OF ADOPTION
Sever all legal ties between the biological parent(s) and the adoptee, except when the biological parent is the spouse of the adopter;
Deem the adoptee as a legitimate child of the adopter;
Give adopter and adoptee reciprocal rights and obligations arising from the relationship of parent and child, including but not limited to;
The right of the adopter to choose the name the child is to be known; and
The right of the adopter and adoptee to be legal and compulsory heirs of each other.
PRE-ADOPTION SERVICES
CHILDREN
QUALIFICATIONS OF ADOPTIVE PARENTS
REQUIREMENTS/SUPPORTING DOCUMENTS
PROCESS/PROCEDURE
INTERCOUNTRY ADOPTION: REQUIREMENTS AND PROCEDURES
Procedures on Adoption
WHERE TO FILE THE APPLICATION
The application shall be filed with the ICAB through the Central Authority (CA) on Inter-country Adoption or an ICAB accredited Foreign Adoption Agency (FAA) or Governmental Adoption Agency (GAA) in the country where the applicant resides.
RELATIVE ADOPTION
Relative Adoption as applies to inter-country adoption refers to the adoption of Filipino child/ren by relatives residing abroad within the fourth (4th) degree of consanguity.
Former Filipinos permanently residing abroad and/or foreigners intending to undertake either local adoption (the filing and the finalization of the adoption is done in the Philippines and have the intention of bringing the adoptive child to their country of residence) or through the inter-country adoption route MUST first secure the approval from the Central Authority or appropriate government agencies before filing any adoption petition. Adoption applicants from the USA must first secure their suitability and eligibility to adopt (I800A) from the USA Central Authority on Inter-C-ountry Adoption. Canada based adoption applicants obtain such approval from the Central Authority on Inter-country Adoption of the Province or Territory of residence.
MODIFIED PROCEDURE FOR RELATIVE ADOPTION CASES
(AS APPROVED BY THE BOARD ONAUGUST 30, 2007)
The Questionnaire for Relative Adoptive Applicants (ICAB Form No.2) which can be downloaded from this website shall be submitted by the prospective adoptive parents (PAPs) to the Central Authorities (CAs)/ Foreign Adoption Agencies(FAAs). The CAs/FAAs shall endorse to ICAB the completed Questionnaire for Relative Adoptive Applicants (QRAA) with the agency’s assessment and recomendation on the prospective adoptive parents.
If the CA/FAA favorably recommends the PAPs, the ICAB social worker will then request the CA/FAA to proceed with the preparation of the PAPs’ dossier. On the other hand, based on the significant data on the child as indicated in the QRAA, the assigned ICAB Social Worker will request the DSWD – Field Office (FO) to conduct the Child Study Report with supporting documents. Periodic follow-ups will be made with the DSWD-FO.(The time frame from request to ICAB’s receipt of the report will be 3-6 months. In sitautions where the FO could not prepare the Child Study Report within the expected time frame in view of heavy adoption caseload, the ICAB social worker will assist in the conduct of the CSR).
Once the ICAB receives from the DSWD-FO the child’s dossier and the complete adoption application dossier of the PAPs from the CA or FAA, the ICAB social worker will prepare an executive summary on the case with his/her recommendation on the child’s adoptive placement for the disposition of the Board.
Fees, Charges and Assessments
These fees are provided for by Article III Section 13 of the Inter-Country Adoption Act of 1995 (RA 8043) and Section 29 and 40 of the Amended Implementing Rules and Regulations on Inter-Country Adoption. Effective February 2007, the ICAB fees which applies to all adoption categories (Regular or Non-Relative, Relative, Special Needs, Special Home Finding, Summer Program and Medical Missions) are as follows :
FEES
AMOUNT IN US DOLLARS
WHEN TO PAY
- Application Fee 200.00 Upon filing of the adoption application
- Processing Fee 2,000.00 for single placement3,000.00 for sibling group of 2 or more (as of October 13, 2007) Upon acceptance of the matching proposal
- Pre-adoptive placement costs The amount varies from one child to another depending on what part of the Philippines the child comes from and what country he/she is going to. Some Embassies of the Receiving Countries charge visa fees and require visa medical examinations while others do not. The total amount will be quoted by the ICAB in the placement proposal. Upon acceptance of the matching proposal
The finalized Local Adoption cases requiring ICAB’s ratification has its own schedule of fees.
The ICAB also supports the request of the Association of the Child Caring Agencies of the Philippines (ACCAP) to increase its Child Care Support Fund (CCSF) from US$ 500.00 to US$ 1,000.00 per placement.
These new fees will not affect prospective adoptive parents whose adoption applications were received by the ICAB prior to February 2007 and are currently awaiting approvals and child proposals. This means that once these families receive a match, they will still pay the processing fee of US$ 900.00.
All payments (except for the CCSF which shall be addressed to the child caring agency where the child came from) shall be in the form of a company check or international bank draft and shall be made payable to the Inter-country Adoption Board. Personal checks, travelers checks or cash WILL NOT be accepted.
No adoption application will be processed and no Placement Authority will be issued unless the corresponding fees are received by the ICAB.
The following are the common Pre-Adoptive Cost of the Philippine Inter-country Adoption Program: (Exchange Rate: US$1 = PhP45.00)
ITEM PHp Cost US$ Cost
National Statistics Office Birth or Foundling Certificate P400.00 $8.89
E-Passport P1,200.00 $26.67
Commission on Filipino Overseas Certificate P280.00 $6.22
The following child’s documents require authentication from the Philippine Supreme Court, Department of Health and Department of Foreign Affairs:
ITEM PhP Cost US$ Cost
1. Birth or Foundling Certificate P250/document $5.55/document
2. Deed of Voluntary Commitment or Declaration of Abandonment or DSWD Certificate of Child Legally Available for Adoption P250/document $5.55/document
3. Placement Authority P250/document $5.55/document
4. Placement Proposal P250/document $5.55/document
5. Medical Evaluation Report/Medical Certificate in compliance to the requirements of the following Receiving Countries:
1. Belgium
2. France
3. Germany
4. Italy
5. The Netherlands
6. Spain
Other pre-travel/pre-adoptive cost such as visa pictures, visa medical fee, visa fee, authentication or legalization fee of documents varies according to the Receiving Country.
To inquire or follow-up with the ICAB, you can telephone, fax or e-mail:Phone: (632) 726-4568(632) 721-9781(632) 721-9782Fax: (632) 727-2026E-mail: adoption@icab.gov.ph
To inquire for Local Adoption at DSWD Field Office VI, you may call or fax at (033) 5093718 or email at pod.fo6@gmail.com or fo6@dswd.gov.ph
These requirements and fees may change at any time.