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6/19/2015
Inter-Country Adoption Process:
Relative Adoption
Definition
Relative Adoption as applies to intercountry adoption refers to the adoption of Filipino child/ren by relatives residing abroad (former Filipinos) within the fourth (4th) degree of consanguinity or affinity.
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Degree of Relation (4th degree of consanguinity or affinity) Child’s grandparents 3rd
2nd
Child’s birthparent/s
siblings
Child’s aunt/uncle
1st
4th Prospective Adoptive CHILD
1st
cousins
Prospective Adoptive PARENTS
Relatives (former Filipinos) residing abroad intending to undertake inter-country adoption (via ICAB) and have the intention to bring the child to their country of residence MUST first secure the approval from their Central Authority or appropriate government agency before filing any adoption petition.
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Relative adoption should NOT be used in anyway to circumvent immigration laws and policies of the Receiving States. The purpose of the adoption is to provide a family to a child who needs a permanent home.
Relative Adoption Process Flow Chart Child’s Eligibility Assessment for Inter-Country Adoption
ICAB’s received the QRAA from FAA/CA
ICAB Social Worker (RILAU) reviews QRAA and refer child to concerned DSWD-Field Office for eligibility assessment
QRAA-Questionnaire for Relative Adoption Applicants (download at: www.icab.gov.ph)
Rilau – Relative Intercountry and Local Adoption Unit Time frame from request to receipt of assessment is 3-6 months
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DSWD Special Operations Office: Adoption and SWATO forward the dossier to ICAB
If information and supporting documents is incomplete, request DSWD to complete info and SDs
ICAB received additional information and supporting documents
DSWD Field Office forward the dossier of child to DSWD Special Operations Office: Adoption and SWATO
-Child Study Report - Supporting Documents
If complete, ICAB inform FAA/ CA to endorse/submit the adoption application dossier of the PAPs
ICAB Social Worker may personally home visit and interview the child, guardians and birthparents to confirm or gather additional info pertinent to the case
IMPORTANT INFORMATION THAT MUST BE INCORPORATED IN THE CHILD STUDY REPORT FOR RELATIVE ADOPTION CASES
Description on the living circumstances of child’s birthparents and their capacity to continue to care for the child
Description on the nature of the relationship of the child with his/her birthparents and siblings (if any). What contact does the child has with the biological family.
Birthparents understanding about the losses and benefits of an inter-country adoption. How would they address the issues now and in the future, in the event the adoption was to happen?
How did the idea of adoption originated?
Have all possibilities for child to grow up in the Philippines been considered?
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The circumstances of the extended family in the Philippines and the options for care of child in the Philippines, if the birthparents are unable to care for her.
To whom is child primarily attached to. Please describe the nature of the relationship with the person/s.
Please provide particular physical, emotional and psychological needs of child.
Describe child’s understanding of his/her adoption. What is his/her opinion on the proposed adoption?
What current contact does child have with Prospective Adoptive Parents (PAPs)
How do the birthparents describe their relationship with the PAPs? What current contact do they have with one another?
How do the birthparents understand the impact of the separation of child with them, their birth country and current environment now or in the later years?
If the adoption will not push through, what are the plans of the birthparents for the child?
If the child will go through the process of CDCLAA and ICA clearance (i.e in cases of adoption beyond the 4th degree of consanguinity or affinity), what are the birthparents thoughts about the possibility of their child being matched with non-relatives families?
Information if there is any other or previous attempt(s) to bring the child to other country (i.e. through medical, tourist, student or relative visa)
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Information if there was any effort made to adopt the child within the Philippine court system. If in fact there was an effort made to adopt the child with the Philippine court system, a Motion to Withdraw that petition has been filed (copy of the Motion must form part of the child’s dossier)
Professional judgment or statement and recommendation on the proposed adoption
Adoption Application of PAPs
ICAB received adoption application dossier of PAPs
-Home Study Report - Supporting Documents
PAPs dossier for review of ICPC where issues and concerns pertaining to HEALTH, PSYCHOLOGICAL and LEGAL aspects of PAPs are present.
Matching at Board Level
Once the ICAB social worker has determined the completeness and consistency of the child and PAPs’ report and supporting documents, it shall prepare the EXECUTIVE SUMMARY with the social worker’s assessment and recommendation of the application and adoptive placement for Board’s decision DEFERMENT
by ICAB (once additional info provided, present to Board for final decision
APPROVAL by ICAB
Executive Summary
DISAPPROVAL by ICAB (dossier returned to CA/FAA)
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Step-parent adoption ICAB does not exercise jurisdiction over step-parent adoptions. Under the Philippine laws, there are two ways to adopt a stepchild: a. A petition for local/domestic adoption through the Philippine courts may be filed. b. If allowed by the receiving country, step-child may be sponsored by the step-parent to enter the country and finalize adoption in the said country. Once the Adoption Decree is issued, the adoptive parents may file a petition for “recognition of foreign judgment” before the Philippine courts which has the jurisdiction to order issuance of a new birth certificate. (See NSO Memorandum Circular No. 2007-008 Re: Guidelines on the Annotation of Civil Registry Documents Involving Foreign Judgments/Orders)
Adoption of a “relative” beyond the 4th degree of consanguinity or affinity Considering that the relationship is beyond the 4th degree of consanguinity or affinity, the case is not a relative adoption but considered an Independent Placement/ Pre-Identified Placement. All children must undergo the following process before they can be cleared for inter-country adoption: a. Issuance of the “Certificate Declaring a Child Legally Available for Adoption (CDCLAA)” as provided by Republic Act 9523 (RA9523) by the Department of Social Welfare and Development (DSWD) as a prerequisite for any adoption proceeding by non-relatives. b. Prior to the issuance of Inter-Country Adoption (ICA) clearance, the child must undergo the domestic/local matching. If no domestic adoption families are available, the child will be issued an ICA Clearance and the documents will be transmitted to ICAB, only then will ICAB acquire jurisdiction over the case.
