The discussion below shows essential remedial differences and similarities
between domestic adoption and intercountry adoption in the Philippines. It is
worth to note that these governing laws superseded the Civil Code provisions
on adoption.Below, you can see a summary discussion on the nature of the proceeding, the
possible adapting parents, the possible subjects of adoption, the courts with
which to file the petition, the allowed attachments and the so-called
"supervised trial custody."
[1] Any Filipino citizen;
An alien or a Filipino citizen permanently residing abroad may file an application for intercountry adoption of a Filipino child.
[1] Any person below eighteen (18)years of age who has been administratively or judicially declared available for adoption;
Only a legally free child may be the subject of inter-country adoption
[1] RTC having jurisdiction over the child, or;
[2] The Inter-Country Adoption Board, through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive parents. (Section 10)
May include:
Nothing else. Only petition for adoption.
Supervised trial custody period in the Philippines for at least six (6) months. Exception: Court may reduce period or exempt parties from trial custody (Section 12)
Supervised trial custody period in the Philippines for at least six (6) months. (Section 14)
What kind of proceeding is it?
Domestic Adoption
Judicial Adoption: Involves the adjudication of the court
Intercountry Adoption
Extrajudicial Adoption: May dispense with court adjudication
Who may adopt?
Domestic Adoption
[1] Any Filipino citizen;
[2] Any alien possessing the same qualifications Filipino nationals;
[3] The guardian with respect to the ward.
Intercountry Adoption
An alien or a Filipino citizen permanently residing abroad may file an application for intercountry adoption of a Filipino child.
Who may be adopted? Otherwise put, who may be the subject of
adopted?
Domestic Adoption
[1] Any person below eighteen (18)years of age who has been administratively or judicially declared available for adoption;
X has been judicially declared available for adoption. She is 19 years old.
Can she be adopted? No.
[2] The legitimate son/daughter of one spouse by the other spouse;
X is Y's child by a previous marriage. Y married Z. Z wishes to adopt X. Is
it possible? Yes.
[3] An illegitimate son/daughter by a qualified adopter to improve his/her
status to that of legitimacy;
Y is X's daughter. X never knew who Y's father was. May X adopt Y to
improve her status? Yes.
[4] A person of legal age if, prior to the adoption, said person has been
consistently considered and treated by the adopter(s) as his/her own child
since minority;
X, 18, has been living with Y and Z, a married couple, for since he was a
child and has been treated as their true son. May Y and Z adopt X? Yes.
[5] A child whose adoption has been previously rescinded;
X's adoption was rescinded. May he still be the subject of another adoption?
Yes.
or
[6] A child whose biological or adoptive parent(s) has died;
Provided, That no proceedings shall be initiated within six (6) months from
the time of death of said parent(s) (Section 8)
X's adoptive parents died 2 weeks ago. May a domestic adoption proceeding be
initiated tomorrow? Not yet.
Intercountry Adoption
Only a legally free child may be the subject of inter-country adoption
Where should the application be filed?
Domestic Adoption
Family Court of the place where the adopter resides
Intercountry Adoption
[1] RTC having jurisdiction over the child, or;
[2] The Inter-Country Adoption Board, through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive parents. (Section 10)
What attachments may accompany the petition?
Domestic Adoption
May include:
[1] Prayer for change of name,
[2] Rectification of simulated birth, or
[3] Declaration that the child is a foundling, abandoned, dependent or
neglected child.
Intercountry Adoption
Nothing else. Only petition for adoption.
Should there be a supervised trial custody?
Domestic Adoption
Supervised trial custody period in the Philippines for at least six (6) months. Exception: Court may reduce period or exempt parties from trial custody (Section 12)
Intercountry Adoption
Supervised trial custody period in the Philippines for at least six (6) months. (Section 14)