Adoption of a Filipino Child by a Foreigner in the Philippines

Question of The Day: What are the requirements for a foreigner (alien) to adopt a Filipino child in the Philippines?

Introduction: The process of adopting a Filipino child by a foreign national involves strict legal requirements and procedures to ensure the welfare and best interests of the child.

Key Requirements and Process:

1. Eligibility of the Foreign Adopter:

   • Must be at least 27 years old and at least 16 years older than the child to be adopted, but not more than 45 years older.
   • If married, must seek adoption jointly with their spouse.
   • Must have the legal capacity to adopt in their home country.
   • Must have a favorable recommendation from their diplomatic or consular office or any appropriate government agency.
   • Must have lived in the Philippines for at least three continuous years prior to the adoption application and maintain such residence until the adoption decree is issued (exceptions can be made for certain circumstances).

2. Inter-Country Adoption Board (ICAB): The adoption of a Filipino child by a foreign national is processed through the ICAB, which is the central authority in inter-country adoptions.

3. Dossier Submission: Submit a dossier containing necessary documents, such as:

   • Home study report.
   • Birth certificate, marriage certificate (if applicable).
   • Written consent from their biological or adoptive children above ten years of age.
   • Physical and mental health certificates.
   • Income statements.
   • Police clearance.
   • Character references.

4. Matching: The ICAB will match the child with the prospective adoptive parents based on the child’s needs and the adopter’s qualifications.

5. Trial Custody: There is a period of trial custody, usually six months, during which the adopter and the child live together, and their compatibility is assessed.

6. Petition for Adoption: Following a successful trial custody, a petition for adoption is filed with the Philippine court.

7. Issuance of Adoption Decree: If the court finds the adoption to be in the best interest of the child, it will issue an adoption decree.

Legal Assistance and Consultation:

• It’s advisable to seek legal assistance from a lawyer experienced in adoption law in the Philippines to ensure compliance with all legal requirements and procedures.

Conclusion: The adoption of a Filipino child by a foreigner involves meeting specific eligibility criteria, preparing a comprehensive dossier, undergoing a matching process, trial custody, and legal proceedings in the Philippine court. The process is overseen by the ICAB and requires adherence to strict procedures to protect the best interests of the child. Legal assistance is recommended to navigate the process effectively.