There are three types of adoption in the Philippines:

1. Agency adoptions are those in which 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 like the Kaisahang Buhay Foundation. Through this type of adoption, the legal rights of the child, the parents who gave birth to the child and the parents who will adopt the child, are all equally protected.

2. Family or relative adoptions are those where the biological parents make a direct placement of the child to a relative or a member of their extended family with whom they relinquish their child.

3. Private or independent adoptions could either be a direct placement to a family known by the child’s biological parents or through the use of an intermediary or a go-between. In an intermediary placement, an individual knows of parents who want to have their child adopted and arranges such placement to a family or someone who wants to adopt. These intermediaries are generally well-meaning and have good intentions. However, one must be wary of “black market” placements which involve an intermediary who brings together a person who has a child and individuals who want to adopt, for the sole purpose of making a profit. This practice does not consider the best interests of the child nor the legal rights of biological parents and adoptive parents.

The following are components of adoption:

* Recruitment of potential adoptive families who may provide a home to a child;
* Development of adoptive applicants as parents to a particular child in need of a home;
* Selection of a family who can best contribute to the total development of a particular child;
* Preparation of the child and family prior to placement to insure acceptance and readiness for the new relationship;
* Supervision of trial custody for at least six months to facilitate the child’s adjustment in the family prior to the completion of adoption;
* Preparation for removal of the child from the adoptive home if the placement disrupts while alternative plans are being worked out;
* Finalization of adoption and termination of service with issuance of the final decree of adoption and amended birth certificate;
* Organization of groups of adoptive parents as part of support system; and
* Post-legal adoption counselling when adoptive family and adoptee need further counselling related to information about adoptee’s background and search for his/her biological parents.

Effects of Adoption

* Sever all legal ties between the biological parent(s) and the adoptee, except when the biological parent is the spouse of the adopter;
* Deem the adoptee as a legitimate child of the adopter;
* Give adopter and adoptee reciprocal rights and obligations arising from the relationship of parent and child, including but not limited to;
* The right of the adopter to choose the name the child is to be known; and
* The right of the adopter and adoptee to be legal and compulsory heirs of each other.

INTER-COUNTRY ADOPTION
How to Adopt a Child in the Philippines :

Persons considering intercountry adoption have a right to accurate information about these adoptions and the process involved. Such information will enable them to make informed decisions on initiating and completing such an adoption, the kind of child/ren they can best parent, and whether they are willing to make the lifetime commitment which is required.
The Intercountry Adoption Board (ICAB) is mandated by law (Intercountry Adoption Law of 1995 or Republic Act 8043) to be the Central Authority on matters relating to the foreign adoption placement of Filipino children to applicants who are either former Filipinos or foreigners permanently residing abroad. The Intercountry Adoption (ICA) Law stipulates certain eligibility requirements for adoptive applicants intending to adopt a Filipino child who may either be a relative or non-relative.

In the Philippines, Filipino children need to be made socio-legally free for adoption prior to any kind of alternative family placement. In line with the ICAB’s mandated authority is the compliance of the Philippines to an international instrument, The Hague Convention on the Protection of Children and Co-operation in respect of Inter-country Adoption, to which the Philippines is a State Party and is denominated as a Sending Country.

Who is Eligible to Adopt?

Any foreign national or a Filipino citizen permanently residing abroad may file an adoption application if he/she::

1.
Is at least twenty-seven (27) years of age and is at least sixteen (16) years older than the child to be adopted at the time of the application, unless the applicant is the parent by nature of the child to be adopted or is the spouse of such parent by nature. A maximum of forty-five (45) years age gap between the adoptive child should be maintained except in cases where the circumstances will be favorable to the child;

2.
Has the capacity to act and assume all the rights and responsibilities incidental to parental authority under his/her national law;

3.
Has been married for three (3) years;

4.
Has undergone appropriate counseling from an accredited counselor in his/her country;

5.
Has not been convicted of a crime involving moral turpitude;

6.
Is eligible to adopt under his/her national law;

7.
Can provide the proper care and support and give the necessary moral values and example to the child and, in the proper case, to all his/her other children;

8.
Comes from a country with whom the Philippines has diplomatic relations, maintains foreign adoption agencies, and whose laws allows adoption; and

9.
Files jointly with his/her spouse, if any, who shall have the same qualifications and none of the disqualifications to adopt as prescribed above.

Where to Apply?

The application shall be filed with the ICAB through the Central Authority (CA) on Inter-country Adoption or an ICAB accredited Foreign Adoption Agency (FAA) or Governmental Adoption Agency (GAA) in the country where the applicant resides.

Foreigners who file their petition for adoption in the Philippines under the Domestic Adoption Act of 1998 or RA 8552, the Court after finding the petition to be sufficient in form and substance and a proper case for inter-country adoption, shall immediately transmit the petition to the ICAB for appropriate action. The ICAB shall then act on the application following the procedures described in the Amended Implementing Rules and Regulations.

Fees and Other Charges

These fees are provided for by Article III Section 13 of the Inter-Country Adoption Act of 1995 (RA 8043) and Section 29 and 40 of the Amended Implementing Rules and Regulations on Inter-Country Adoption. Effective February 2007, the ICAB fees which applies to all adoption categories (Regular or Non-Relative, Relative, Special Needs, Special Home Finding, Summer Program and Medical Missions) are as follows :

*
Adoption Application Fee–$200.00 (non-refundable upon endorsement of the Adoption Application and Supporting Documents)

*
Processing Fee–US$2,000.00 for single placement; US $3,000.00 for sibling group of 2 or more (as of October 13, 2007)

*
Pre-adoptive placement costs– The amount varies from one child to another depending on what part of the Philippines the child comes from and what country he/she is going to. Some Embassies of the Receiving Countries charge visa fees and require visa medical examinations while others do not. The total amount will be quoted by the ICAB in the placement proposal. (Payment upon acceptance of the matching proposal)

* The finalized Local Adoption cases requiring ICAB’s ratification has its own schedule of fees.

* The ICAB also supports the request of the Association of the Child Caring Agencies of the Philippines (ACCAP) to increase its Child Care Support Fund (CCSF) from US$ 500.00 to US$ 1,000.00 per placement.
* These new fees will not affect prospective adoptive parents whose adoption applications were received by the ICAB prior to February 2007 and are currently awaiting approvals and child proposals. This means that once these families receive a match, they will still pay the processing fee of US$ 900.00.

* All payments (except for the CCSF which shall be addressed to the child caring agency where the child came from) shall be in the form of a company check or international bank draft and shall be made payable to the Inter-country Adoption Board. Personal checks, travelers checks or cash WILL NOT be accepted.

* No adoption application will be processed and no Placement Authority will be issued unless the corresponding fees are received by the ICAB.

Processing Time

Adoption applicants that have substantive Home Study Report (HSR) and complete supporting documents are reviewed and approved within one month from receipt of the adoption applicant/s’ dossier. On the other hand, adoption application with lacking information and/or documents are reviewed and processed depending upon the submission/completion by the Central Authority/Foreign Adoption Agency (CA/FAA) of the requested information and/or documents with the corresponding delay in its approval.
The matching or child referral or allocation largely depends on the stated child preference (i.e. child’s age, gender and state of health or extent of known background) of the Prospective Adoptive Parents (PAPs). This usually takes nine (9) months to one (1) year after the PAPs’ approval. Willingness to accept a special needs child generally shortens the waiting period for child allocation.

Children Available for Inter-Country Adoption

1.
Children available for intercountry adoption placement are those who cannot be placed with an adoptive family in the Philippines.
(For relative adoption – only up to the 4th degree of consanguinity)
2.
All children have to be cleared for intercountry adoption by the Competent Authority – Programs and Projects Bureau of the Department of Social Welfare and Development (PPB DSWD)-Central Office.

3.
Children of either sex are usually available but there may be longer waiting period for girls because of the Filipino culture whereby families hold on to their daughters since they are generally more submissive, less difficult to parent and can be relied upon to care for their family of origin even until parental senescence occurs.
4.
The allowable age of Filipino children for Intercountry Adoption (ICA) is below 15 years old. A child who is above 15 years old may be processed for ICA when the following circumstances prevail:
1.
When the child is a part of a sibling group where one or more is below 15 years old;
2.
If the application for adoption of a child was filed (in cases of relative adoption) before the child reached the age of 15;
3.
Special Home Finding was initiated before the child’s 15th birthday; and
4.
Other situations where the intent to adopt was manifested before the child reached 15.
5.
The general ages of children cleared for intercountry adoption usually range from 6 months to 10 years old.
6.
Special Needs or Hard to Place children include
*
older children (usually boys or girls age 6 to 15 years old)
*
Sibling groups of 3 or more
*
Children with major medical/physical problems
*
Children with major developmental/neurological delay/handicap

Process

Any adoption applicant interested in adopting a Filipino child/ren (either relative or non-relative) may contact the nearest Central Authority on Intercountry Adoption of their country (if Ratifier or State Party to The Hague Convention) or any ICAB accredited Foreign Adoption Agency who is responsible in these Prospective Adoptive Parents preparation and conduct of their Home Study Report.

Documentary Requirements:

1.
Home Study Report
2.
Undertaking of the Couple made under oath (refer to Application Form)
3.
Information and Personal Data Application (refer to Application Form)
4.
Birth Certificate of the Couple (if adopting a relative: Birth Certificate of their common ancestry delineating relationship up to the 4th degree of consanguinity)
5.
Marriage Contract
6.
Divorce Decree (if applicable)
7.
Physical and Medical Evaluation Report
8.
Psychological Evaluation by a duly licensed psychiatrist or psychologist.
9.
Written Consent to Adoption by the biological and/or adopted children who are 10 years of age or over witnessed by the social worker after proper counseling, in the form of a sworn statement.
10.
Character Reference from (a) Local Church Minister or Priest; (b)Employer; (c) Members of the immediate community (who have all known the applicants for at least 5 years).
11.
Latest Income Tax Return or any other documents showing the financial capability of the applicant.
12.
Clearance issued by the police or the proper government agency of the place where the applicant resides.
13.
Certification from the Justice Department or other appropriate government agency of the applicant’s country that the applicant is qualified to adopt under their national law and that the child to be adopted is allowed to enter the country for trial custody and to reside there permanently once adopted.
14.
Letter of Acceptance of the Designated Guardian/s
15.
Recent post card size pictures of the applicant, his immediate family and their home/community
16.
Special Needs Checklist (refer to Application Form)
17.
Self-Report Questionnaire (OPTIONAL)
18. Adoption Decree of the PAPs’ previously adopted Filipino child

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All documents must be written, officially translated in English and must be officially endorsed by the Central Authority on Intercountry Adoption or ICAB accredited Foreign Adoption Agency to the ICAB in the Philippines.
#
All communications relating to adoption application/s and/or child referral shall be transmitted by the Central Authority or by the ICAB accredited Foreign Adoption Agency directly to the ICAB. Likewise, all ICAB correspondence/communications shall be transmitted directly to the concerned Central Authority and/or the Foreign Adoption Agency.
#

All the Philippine process for Intercountry Adoption (ICA) does NOT require the intervention of a lawyer either in the Philippines or from the applicant’s country of residence.

LILONGWE – US pop star Madonna will not be allowed to adopt a second child from Malawi, a 4-year-old girl named Mercy James, the African country’s High Court ruled on Friday.

“She came in a convoy of four vehicles and used the cargo terminal to take-off in her jet,” the official at Lilongwe’s international airport told AFP.

The ruling will please campaigners who say authorities have given the singer special treatment. Malawi’s government, which came under fire after Madonna adopted a 13-month-old Malawian boy, had said on Thursday it would support a second adoption.

Court registrar Ken Manda told reporters Madonna’s bid to adopt Mercy had been rejected because the star was not a resident of Malawi.

An AIDS epidemic in the impoverished southern African state has produced more than one million orphans.

In her ruling, Judge Esimie Chombo warned against celebrity adoptions, saying they could lead to child trafficking.

“Anyone could come to Malawi and quickly arrange for an adoption that might have grave consequences on the very children that the law seeks to protect,” she said.

Madonna’s lawyer, Alan Chinula, said she would lodge an appeal with the Supreme Court on Friday. Her London spokeswoman was not immediately available for comment.

Madonna has entertained millions around the world with sexy high-energy performances and songs like “Material Girl” and “Papa Don’t Preach,” and created controversies along the way.

In 1989, the video for “Like A Prayer,” with its links between religion and eroticism, was condemned by the Vatican and caused Pepsi-Cola to cancel a sponsorship deal with the star.

Madonna surprised fans in February by dedicating another of her hits, “Like a Virgin,” to the pope at a concert in Rome.

Malawian rights groups, who accused the government of skirting residency laws when Madonna adopted David Banda in 2006, opposed the latest adoption attempt as well.

Malawian Information Minister Patricia Kaliati told Reuters on Thursday that Madonna had helped in the country and was a worthy mother who was supporting over 25,000 orphans here.

Madonna, accompanied by David, arrived in Malawi on Sunday ahead of the court examination of her application.

The star, who was divorced last year from British film director Guy Ritchie, is one of the most successful singers of all time, with album sales of more than 200 million.

Surrogate mother is a woman who agrees to bare a child in her womb, in exchange for a fee or agreed upon contract for a couple who are childless due to infertility. Often, the surrogate mother is the biological mother of the child, conceiving it by means of artificial insemination with sperm from the husband. The other kind of surrogate motherhood is what we called in vitro fertilization wherein using the wife’s egg and the husband’s sperm, and the resulting embryo is implanted in the surrogate mother’s uterus. Thus, the surrogate mother is not genetically related to the child.

For over one hundred years artificial insemination was used as a way of managing male infertility that kept the family intact and allowed children to be born to a married couple. Artificial insemination was generally kept secret. Couples did not tell friends, family, or the children themselves that donor sperm was used, thus maintaining the fiction of biological paternity.

Though stories of surrogate motherhood, often with familial surrogates, date back two thousand years, in 1976 the lawyer Noel Keane arranged the first formal agreement between a couple and a surrogate mother in the United States. The marketing of “surrogacy” developed as a solution to female infertility. Brokers entered the scene, hiring women to become pregnant via artificial insemination with the sperm of the husband of the infertile woman. In 1986 surrogacy came to national attention with the case of “Baby M.” In this case, the woman hired as a surrogate, Mary Beth Whitehead, later refused to relinquish the child. After a protracted court battle, in which Whitehead’s parental rights were stripped and then replaced, the hiring couple won custody of the baby, but Whitehead remained the legal mother with visitation rights.

The Center for Surrogate Parenting (CSP) estimates a cost of $56,525 for traditional surrogacy, in which artificial insemination is used, and a cost of $69,325 if another woman’s egg is used. Approximately $15,000 of these fees are paid to the surrogate herself for the time and sacrifice of the pregnancy. When surrogacy agreements first surfaced in the mid-1970s, there was no payment for surrogate motherhood, and it tended to involve middle-class and blue-collar couples, with friends and sisters helping each other. Once payment became the norm, the demographic changed: “the majority of the couples remain largely upper-middle-class people, whereas the majority of the surrogates are working class women”

That surrogacy has become a business has not meant that contracting couples do not value the surrogate or that the surrogate does not care about the child or the couple. Very careful screening—approximately 95 percent of potential surrogates are rejected—ensures that situations similar to that of Mary Beth Whitehead do not happen. Surrogates are chosen for their commitment. In the only ethnographic study of surrogacy, Helena Ragoné found that couples adopted one of two strategies in dealing with their surrogate. “Egalitarians” wanted to maintain a relationship with the surrogate mother and did not see her as a means to an end. Since in all of Ragoné’s cases the children were still quite young, it is difficult to know how this would play out. “Pragmatists” simply dropped the relationship with the surrogate, taking the child as theirs, and considering the payment sufficient acknowledgment of the role of the surrogate.

Not too long ago, single parent adoption was virtually impossible. Now that the number of abandoned children are fast growing, single parent adoption has become common.

Single parent adoption is growing steadily. Approximately 25 percent of adoptions of children with special needs are by single parents. Of the remaining adoptions, about 5 percent are by singles. While the bulk of these adoptions are done by women, approximately 10 percent of the membership of one single parent adoptive support group is male. Adoption by a single parent is still more difficult than by a married couple, but it can be done.

Single men and women who wish to adopt may face discouragement from friends, family, and some agencies that feel a single parent adoption is not as desirable for a child as is one with two parents. But research shows that children adopted by single parents compare favorably with other adopted children. While no one will deny that parenting is easier with two active parents sharing the burden, the fact is that in some cases, placement with a single parent may be the best option for a child. Some researchers feel that single parent homes may be the best choice for children who need focused, close relationships, such as older children who have been in foster care. And single fathers can sometimes be the best choice for boys who need strong role models and guidance along with love and nurturing.

Challenges of single parent adoption

* Some agencies (and countries, if you’re adopting internationally) still won’t work with singles.
* No one to help with “instant breaks,” those times when you just need to walk around the block or have 10 minutes to yourself.
* No financial back-up if you should lose your job, or your company should close.
* Only one parent to save for college educations.
* The complication of any business travel you might do: arrangements for babysitters, notifying your child’s teacher, and more.
* Dealing with “the daddy (mommy) question.” “Why don’t I have a daddy?” “When am I going to get a mommy?”
* You must cultivate a support network (babysitters, neighbors, friends, family) to help you in emergencies. It can be difficult to find the right people to provide what you need.
* The perception that only children with two parents grow up to be responsible, productive citizens.
* The potentially negative response from friends, family, and colleagues.

Advantages of single parent adoption

* The pre-adoption process is easier including the homestudy, and related paperwork. The paperwork is very extensive for international adoption and with a single parent there’s only one birth certificate, passport, proof of employment, etc.
* Single parents have no disagreements over whether to even adopt or whether to accept a particular referral or not.
* Depending on some children’s backgrounds, it may be beneficial for them to have a parent of one gender or the other.
* The child only has to learn the temperament and personality of one parent.
* If your child has attachment issues or reactive attachment disorder, their bonding and attachment process is clearly focused on one parent, not split between two.
* Disagreements between spouses as to parenting approaches are avoided.
* Changes in parenting approaches can be implemented instantly without having to work toward consensus.
* There’s no chance for children to “play” one parent against the other.
* Single parents can provide consistency in discipline.
* Generally, children of single parents are often more helpful, competent, and responsible about helping around the house because everyone is required to pitch in to make the household run.