Domestic vs. Intercountry Adoption

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 It is worth to note that these governing laws superseded the Civil Code provisions on adoption.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."
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[5] A child whose adoption has been previously rescinded;

X's adoption was rescinded.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)