Coverage and Eligibility

A Filipino citizen or alien residing in the Philippines who has the qualification and none of the disqualifications under the Act may be eligible to adopt if he/she:

1. is of legal age.
2. is at least sixteen (16) years older than the adoptee; Provided, however that the minimum age gap between the adopter and the adoptee may not be required if the adopter
is the biological parent or sibling of the adoptee or the spouse of the adoptee`s parent; has the capacity to act and assume all the rights and duties incident to the exercise of parental authority;
4. is of good moral character and has not been convicted of any crime involving moral turpitude;
5. is in a position to support, educate and care for his/her legitimate and illegitimate children and the child to be adopted in keeping with the means of the family;
6. has undergone pre-adoption services
In addition to these qualifications, an alien may adopt if he/she:

7. is a citizen of a state which has diplomatic relations with the Philippines;
8. has been certified by his/her diplomatic or consular office or any appropriate agency that:
8.1. he/she is qualified to adopt in his/her country; and
8.2. his/her government will allow the adoptee to enter the adopter`s country and reside there permanently as an adopted child;
9. has submitted the necessary clearances and such other certifications as may be required by the Department.

Type of Adoption:

Regular/Agency Adoption – is when a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed. The adoptive families go through the process from application to finalization of the child’s adoption under the auspices of the Department of Social Welfare and Development or a licensed child-placing agency.

Relative/Direct/Indenpendent Placement Adoption – is when the biological parents make a direct placement of the child either to a relative, a member of their family, or a friend/non-relative with whom they relinquish their child. These adoptions are directly filed in Family Courts.

Foster Care – refers to the provision of planned temporary substitute parental care to a child by a foster parent.

A Foster Parent/Family is issued a license by the DSWD after a favorable assessment and recommendation.

A Foster Placement Authority is issued by the Department to authorize the placement of a child/children to a licensed foster parent/family.

1. Who may be placed under foster care:

a) A child who is abandoned, surrendered, neglected, dependent or orphaned;
b) A child who is a victim of sexual, physical, or any other form of abuse or exploitation;
c) A child with special needs;
d) A child whose family members are temporarily or permanently unable or unwilling to provide the child with adequate care;
e) A child awaiting adoptive placement and who would have to be prepared for a family life;
f) A child who needs long-term care and close family ties but who cannot be placed for domestic adoption;
g) A child whose adoption has been disrupted;
h) A child who is under socially difficult circumstances such as, but not limited to, a street child, a child in armed conflict or a victim of child labor or trafficking;
i) A child who committed a minor offense but is release on recognizance, or who is in custody supervision or whose case is dismissed; and
j) A child who is need of special protection as assessed by a social worker, an agency or the DSWD.

2. Who may be a foster parent:

a) Must be of legal age;
b) Must be at least 16 years older than the child unless the foster parent is a relative;
c) Must have genuine interest, capacity and commitment in parenting and is able to provide a familial atmosphere for the child;
d) Must have a healthy and harmonious relationship with each family member living with him or her;
e) Must be of good moral character;
f) Must be physically and mentally capable and emotionally mature;
g) Must have sufficient resources to be able to provide for the family’s needs;
h) Must be willing to further hone or be trained on knowledge, attitudes and skills in caring for a child; and
i) Must not already have the maximum number of children under his foster care at the time of application or award.

 

Source: Implementing Rules and Regulations of RA 8552, The Domestic Adoption Act of 1998.