INTER COUNTRY ADOPTION ACT OF 1995

[ REPUBLIC ACT NO. 8043, June 07, 1995 ]

AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the "Inter-Country Adoption Act of 1995.

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will provide such child with love and care as well as opportunities for growth and development. Towards this end, efforts shall be exerted to place the child with an adoptive family in the Philippines. However, recognizing that inter-country adoption may be considered as allowing aliens, not presently allowed by law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens or aliens, the State shall take measures to ensure that inter-country adoptions are allowed when the same shall prove...

Summary of the Inter-Country Adoption Act of 1995 (Republic Act No. 8043)

Declaration of Policy (Section 2):
- Provide neglected and abandoned Filipino children with a family that can provide love, care, and opportunities for growth and development.
- Prioritize placing the child with an adoptive family in the Philippines.
- Allow inter-country adoption if it is beneficial to the child's best interests and protects the child's fundamental rights.

Definitions (Section 3):
- Inter-country adoption: Adopting a Filipino child by a foreigner or Filipino citizen residing abroad, where the adoption process occurs outside the Philippines.
- Child: A person below 15 years old, unless emancipated earlier.
- Other definitions for terms like "Department", "Secretary", "authorized and accredited agency", "legally-free child", "matching", and "Board".

The Inter-Country Adoption Board (Sections 4-6):
- Central authority for inter-country adoption matters.
- Composed of the Secretary of the Department of Social Welfare and Development as ex officio Chairman and six other members appointed by the President.
- Powers and functions include:
  - Protecting Filipino children from abuse, exploitation, and trafficking related to adoption (Section 4a).
  - Maintaining confidential information about the child and adoptive parents (Section 4b).
  - Monitoring and facilitating the adoption process through authorized agencies (Section 4c).
  - Preventing improper financial gain and practices related to adoption (Section 4d).
  - Promoting the development of adoption services (Section 4e).
  - Licensing and accrediting child-caring/placement agencies (Section 4f).
  - Accrediting and authorizing foreign adoption agencies (Section 4g).
  - Canceling licenses and blacklisting agencies involved in violations (Section 4h).

Procedure (Sections 7-15):
- Inter-country adoption is the last resort after exhausting local adoption possibilities (Section 7).
- Only legally-free children may be adopted, with required documents like child study, birth certificate, and medical evaluation (Section 8).
- Eligibility requirements for prospective adoptive parents, including age, marital status, capacity to act, no criminal record, and ability to provide proper care (Section 9).
- Applications can be filed with the Regional Trial Court or the Board through an authorized agency in the adoptive parents' country (Section 10).
- Required application documents like birth certificates, marriage contracts, medical evaluations, and financial capability proof (Section 10).
- Family selection/matching process, with the child being matched only if local adoption is not possible (Section 11).
- Adoptive parents bear costs like travel expenses, passport, visa, and medical examination fees (Section 12).
- Fees, charges, and assessments collected by the Board are used solely for processing applications and supporting Board activities (Section 13).
- Supervision of trial custody for 6 months by the authorized agency in the adoptive parents' country, with progress reports submitted to the Board (Section 14).
- Executive Agreements with countries of foreign adoption agencies to ensure legitimate concurrence (Section 15).

Penalties (Sections 16-17):
- Imprisonment of 6 years and 1 day to 12 years and/or a fine of P50,000 to P200,000 for participating in illegal adoptions (Section 16a).
- Imprisonment of 1 year and 1 day to 2 years and/or a fine of P5,000 to P10,000 for violating confidentiality and integrity of adoption records (Section 16b).
- Lower penalties for attempted offenses (Section 16).
- Offenses involving syndicates or multiple children are considered child trafficking and punishable by reclusion perpetua (Section 16).
- Public officers found guilty of violations are penalized according to civil service laws and suspended upon filing of a case (Section 17).

Final Provisions (Sections 18-22):
- The Board, in coordination with other agencies, shall promulgate implementing rules and regulations within 6 months after the law's effectivity (Section 18).
- P5,000,000 appropriated from the Lotto proceeds for the Board's initial operations (Section 19).
- Separability clause (Section 20).
- Repealing clause for inconsistent laws, decrees, and orders (Section 21).
- Effectivity clause: 15 days after publication in two newspapers of general circulation (Section 22).