4-Minute Notes on Intercountry Adoption

[1] When is inter-country adoption allowed? Intercountry adoption of Filipino children by foreign nationals and Filipino citizens permanently residing abroad is allowed by law if such children cannot be adopted by qualified Filipino citizens or aliens.

[2] What are the functions of the Family Court? A verified petition for intercountry adoption 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. Its functions are (1) receive the application, (2) assess the qualification of the prospective adopter and (3) refer its findings, if favorable, to the Inter-Country Adoption Board. The latter, on its own, however, can receive the original application.

The Intercountry Adoption Board is the central authority in matters relating to intercountry adoption. It is the policy-making body for purposes of carrying out the provisions of the law, in consultation and coordination with the Department of Social Welfare and Development, the different child-care and placement agencies and adoptive agencies as well as non-governmental organizations engaged in child care and placement activities.
[3] Best Interest of the Child. Inter-country adoption is allowed only when the same shall prove beneficial to the child's best interests, and shall serve and protect his fundamental rights. Only a child legally available for domestic adoption may be the subject of inter-country adoption.

[4] Financial Qualification in Intercountry Adoption. Since the primary consideration in adoption is the best interest of the child, it follows that the financial capacity of prospective parents should also be carefully evaluated and considered. Certainly, the adopter should be in a position to support the would-be adopted child or children, in keeping with the means of the family. (Landingin vs. Republic, G.R. No. 164948, June 27, 2006)