The Philippines is one of the many countries with child abandonment cases. These angels are intentionally or unintentionally left by their guardians. Well, the good news is that, the government in general and the government agencies in particular are taking care of them. However, there are so many of them that they can’t be handle by the personnel and even volunteer individuals. Also, they can’t commit to a long-term custody for the children. The children needs to be in a place they can truly call home. So, they negotiate with some couples or individual who are willing to have a child of their own. Now, to avoid possible problems and to ensure the child’s welfare, some steps have to be followed in order to make the adoption process possible and legal.
Although there are various criteria set by some countries regarding the adoption of a child, the Philippine government takes the following into consideration in order to consider a child a candidate for adoption:
1. The child must be a minor. If he/she is already 18, adoption is only granted if the adopters are his/her natural parents.
2. A foreign child cannot be adopted by a Filipino, unless his country has diplomatic ties with the Phippine government.
3. A child who was once adopted is no longer available for adoption, unless his first adoption was repealed or rescinded.
Possible adopters should be:
1. A Filipino citizen of legal age, emotionally and psychologically capable of caring for the child, has good moral character, has not been convicted of any crime involving moral turpitude, and has the capacity to support the child’s basic needs. An age gap is also observed between the adoptee and the adopter. The adopter must be 16 years older than the adoptee. An exemption to the rule is considered when the adopter is the natural parent or a spouse of the adoptee’s parent.
2. Any alien who has the qualifications mentioned above provided that:
a) His country has diplomatic ties with the Philippine government.
b) He’s been living in the Philippines for three consecutive years prior to the filing of the petition for adoption.
c) He has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country.
d) The adopter’s government allows the adoptee to enter his country as his adopted child.
This said criteria may be waived for some reasons.
The Philippine government is also passing laws regarding adoption. Some of the said laws are:
RA 9523
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A “CHILD LEGALLY AVAILABLE FOR ADOPTION” AS A PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES
RA 8043
AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER PURPOSES
PD 603
THE CHILD AND WELFARE CODE
The government fully understands the child’s need of belonging to a certain family. But they see to it that these kids will be in good hands. So, they pass on criteria for possible adopters. They are also after the harmonious relationship between adopter and the adoptee and tries to make every adoption process run smooth.
