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Difference between revisions of "How to Adopt from Philippines"

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Source: Wikipedia.org.

Adoption Authority

The Philippine's Adoption Authority

The Inter-Country Adoption Board


The Process

Because the Philippines is party to the Hague Adoption Convention, adopting from the Philippines must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order so that your adoption meets all necessary legal requirements.


NOTE: If you filed your I-600a to adopt a child in the Philippines before April 1, 2008, the Hague Adoption Convention was not in effect for the United States and may not apply to your adoption. Your adoption could continue to be processed in accordance with the U.S. immigration regulations for non-Convention adoptions.


  1. Choose an Accredited Adoption Service Provider
  2. Apply to be Found Eligible to Adopt
  3. Be Matched with a Child
  4. Apply for the Child to be Found Eligible for Immigration to the United States
  5. Adopt the Child (or Gain Legal Custody) in the Philippines
  6. Bring your Child to the United States


1. Choose an Accredited or Approved Adoption Service Provider:

The first step in adopting a child from the Philippines is to select an adoption service provider in the United States that has been accredited or approved to perform Hague Convention adoptions. Only these agencies and attorneys can provide adoption services between the United States and the Philippines.


Please note: In addition to using a U.S. accredited or approved adoption service provider, prospective adoptive parents are required to work with an adoption agency that has also been approved by the Philippine Government. A non-government foreign adoption agency (FAA) intending to process the application of a Filipino child must be accredited by ICAB. Philippine approved agencies can be found on the website for ICAB.


2. Apply to be Found Eligible to Adopt:

After you choose an accredited or approved adoption service provider, you may apply to be found eligible to adopt (Form I-800A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).


Once the U.S. Government determines that you are "eligible" and "suitable" to adopt, you or your adoption service provider will forward your information to the adoption authority in the Philippines. The Philippines' adoption authority will review your application to determine whether you are also eligible to adopt under Philippine law.


3. Be Matched with a Child:

If both the United States and the Philippines determine that you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in the Philippines may provide you with a referral for a child. The Philippine's Central Authority for adoptions prepares a report that determines if: the child is "legally available for adoption," the envisaged placement is in the best interest of the child, the birth parent or legal custodian has freely consented in writing to the adoption, and no payment has been made to obtain the consent necessary for the adoption to be completed. Each family must decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child.


4. Apply for the Child to be Found Eligible for Adoption:

After you accept a referral for a specific child, you will apply to the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval to adopt that particular child (Form I-800). USCIS will determine whether the child is eligible under U.S. law to be adopted and enter the United States.


After this, your adoption service provider or you will submit an immigrant visa application to a Consular Officer at the U.S. Embassy. The Consular Officer will review the child's information and evaluate the child for possible visa ineligibilities. If the Consular Officer determines that the child appears eligible to immigrate to the United States, he/she will notify the Philippines' adoption authority by issuing an Article 5 letter. For Convention country adoptions, prospective adoptive parent(s) may not proceed with the adoption or obtain custody for the purpose of adoption until this takes place.


Remember: The Consular Officer will also need to make a final decision about the immigrant visa later in the adoption process.


5. Adopt the Child (or Gain Legal Custody) in the Philippines:

Remember: Before you adopt (or gain legal custody of) a child in the Philippines, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption or be granted custody for the purpose of adoption in the Philippines.


The process for finalizing the adoption (or gaining legal custody) in the Philippines generally includes the following:


  • ROLE OF THE ADOPTION AUTHORITY: The Department of Social Welfare and Development (DSWD) issues a certification declaring a child legally available for adoption.
1. Endorsement of Child for Inter-Country Adoption: The Department of Social Welfare and Development (DSWD) must declare a child legally available for adoption as a prerequisite for adoption proceedings.
2. Matching: The Inter-Country Adoption Placement Committee matches the child with a person or couple interested in adopting and refers its proposal to ICAB for approval. If the match is approved, the adoption service provider chosen by the prospective adoptive parents in the United States shall be sent a notice of matching proposal. The prospective adoptive parents shall notify their adoption service provider in the United States of his/her decision within 15 days of receipt of the matching proposal. Note: The Philippine Inter-Country Adoption Act prohibits contact between the prospective adoptive parents and the child's parents /guardians or custodians.
3. Placement Authority: The ICAB shall issue the Placement Authority within five working days upon receipt of the prospective adoptive parents' acceptance of the matching proposal.
4. Application for Immigrant Visa: The child appears at the Embassy for his/her immigrant visa interview.
5. Child travels to the United States: The adoptive parent or parents must escort the child from the Philippines to the United States.
6. Supervision of Trial Custody: Upon assuming custody of the child, the adoptive parents enter a six-month trial period where the accredited adoption service provider in the United States monitors the child's welfare.
7. Petition for Adoption: After completion of the trial custody period, the adoptive parent or parents should file a petition for adoption before the court in the United States.
8. Final Adoption Decree. The final U.S. adoption decree should be submitted to ICAB within a month after its issuance.
  • TIME FRAME: Adoption processing depends upon many variables, including the availability of children to be matched with prospective adoptive parents, the number of prospective adoptive parents on the waiting list, and the caseload of Philippine social service agencies and the courts.
  • DOCUMENTS REQUIRED: The following documents, which must be written and officially translated into English, shall accompany the prospective adoptive parents' application for adoption:
1. Family and Home Study Reports on the family and home of the prospective adoptive parents;
2. Birth Certificates of prospective adoptive parents;
3. Marriage Certificate or Decree of Absolute divorce, if applicable;
4. Written consent of the prospective adoptive parents' biological or adopted children who are ten years of age or over, witnessed by the Philippine social worker after proper counseling;
5. Physical and medical evaluation by a duly licensed physician and psychological evaluation by a psychologist;
6. Latest income tax return or any other documents showing financial capability;
7. Clearance issued by the police of other proper Government agency of the place of residence;
8. Character reference from the local church minister/priest, employer, or a non-relative member of the immediate community who have known the prospective adoptive parents for at least five (5) years;
9. Certification from the U.S. Department of Justice or other appropriate Government agency that the prospective adoptive parent or parents are qualified to adopt under their national law and that the child to be adopted is allowed to enter the United States for trial custody and to reside permanently once adopted; and
10. Recent postcard-size pictures of the prospective adoptive parent or parents and all immediate family. NOTE: Additional documents may be requested. If you are asked to provide proof that a document from the United States is authentic, we can help.


6. Bringing Your Child to the United States:

Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home. Specifically, you need to apply for several documents for your child before he or she can travel to the United States:


1. Birth Certificate

You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate.

2. Philippines Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Philippines.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child, you also need to apply for a U.S. visa from the U.S. Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S Embassy for final review and approval of the child's I-800 petition and to obtain a visa for the child. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the "Panel Physician's" medical report on the child if it was not provided during the provisional visa approval stage.

To learn more about the Child Citizenship Act please read The Child Citizenship Act of 2000.

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