INTERNATIONAL ADOPTION PHILIPPINES August 2001 DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel. Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S. based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located. GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Philippines and applying for an immigrant visa for the child to come to the United States. This process involves complex Philippine and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Manila before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy (Consulate) to issue a U.S. immigrant visa for the child. AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans: FY-1996: IR-3 immigrant visas issued to Filipino orphans adopted abroad - 31
IR-4 immigrant visas issued to Filipino orphans adopted in the U.S. - 198
FY-1997: IR-3 visas - 19, IR-4 visas - 144
FY-1998: IR-3 visas - 33, IR-4 visas - 167
FY-1999: IR-3 visas - 28, IR-4 visas - 167
FY-2000: IR-3 visas - 23, IR-4 visas - 150 PHILIPPINE ADOPTION AUTHORITY: The government office responsible for domestic adoptions in Philippines are the Regional Trial Courts, which issue the adoption decrees, and the Department of Social Welfare and Development (DSWD), which is also involved in the legal proceedings. For the Inter-country adoptions, the offices responsible for adoption are the Department of Social Welfare and Development and the Inter-Country Adoption Board (ICAB). PHILIPPINE ADOPTION PROCEDURES: The adoption procedure differs depending on whether the U.S. citizen adoptive parents are residents in the Philippines or are permanently residing abroad. In general during Inter-country adoptions, custody of the child is granted to the prospective adoptive parents who then bring the child to their home country. The adoption is filed with a court in the adoptive parents' home country. Domestic Adoption
1) Pre- Adoption Seminar: The Domestic Adoption Act provides that adoptive parents attend adoption seminars prior to the filing of the adoption application.
2) Application for Adoption: After completing the required pre-adoption seminars, the adoptive parents file the adoption application with the DSWD, a social service office of a local government unit, or a licensed and accredited child-placing agency.
3) Home study: The adoptive parents then make arrangements for a home study to be conducted by the DSWD or a child-placing agency.
4) Matching: Matching of the child to the adoptive parents is conducted by the DSWD.
5) Placement: The child is placed with the prospective adoptive parents once the pre-adoption placement authority has been issued. This period of custody is known as supervised trial custody.
6) Consent to Adoption: At the conclusion of the trial period, the DSWD issues its written consent to adoption.
7) Petition for adoption: Once the adoptive parents have received the consent to adopt, they must file an adoption petition with the Regional Trial Court within thirty days. Upon approval of the adoption, the court issues an adoption decree and enters a judgement.
8) Authorization to travel abroad: Once the adoption is final; the DSWD will issue written authorization for the child to travel abroad. The birth certificate of the child is also amended to reflect the names of the adoptive parents. Inter-Country Adoption- Any U.S. citizen permanently residing abroad may file an application for inter-country adoption.
1) Application: A U.S. citizen residing abroad and who is interested in adopting a child from the Philippines may file an application with ICAB. This application is filed through a U.S. adoption agency accredited by ICAB.
2) Child recommended for inter-country adoption: The DSWD recommends for inter-country adoption a child previously committed to the Philippine government. This recommendation certifies that inter-country adoption is in the best interest of the child.
3) Matching: The Inter-Country Adoption Placement Committee matches the child with a person or couple interested in adopting and refers its proposal back to ICAB for approval. Please note that the Inter-Country Adoption Act of 1995 specifically prohibits contact between the child and prospective adoptive parent (s) before such matching has been approved by the Board.
4) Placement Authority: The Inter-Country Adoption Board notifies the U.S. adoption agency of its matching decision within five days. The adoptive parents have 15 days to respond. If they agree to the proposed match, the Board issues a Placement Authority within five days. This placement authority allows the applicants to take custody of the child.
5) Application for immigrant Visa: The child appears at the U.S. Embassy for his/her immigrant visa interview. The Inter-Country Adoption Board serves as a proxy for the adoptive parents. ICAB prepares all the necessary documents and fees, including passport and medical exam.
6) Child travels to the United States: The Inter-Country Adoption Act requires the adoptive parent(s) to escort the child from the Philippines to the United States. The adoptive parents must arrive no later than thirty days after the immigrant visa has been issued.
7) Supervision of Trial Custody: Upon assuming custody of the child, the applicants enter a six-month trial period where the accredited U.S. adoption agency monitors the child's welfare.
8) Petition for Adoption: The U.S. citizen adoptive parent should file an adoption petition with a court in the United States within 6 months of the completion of the trial custody period.
9) Final Adoption Decree: The final U.S. adoption decree should be submitted to ICAB within one month of issuance.
AGE AND CIVIL STATUS REQUIREMENTS: For domestic adoption- the adoptive parent(s) must be at least sixteen years older than the child to be adopted. This requirement may be waived if the petitioner is the biological parent of the adoptee or the spouse of the adoptee's parent. For the inter-country adoption- the adoptive parent(s) must be at least 27 years old, as well as sixteen years older than the child to be adopted. The latter requirement may be waived if the petitioner is the biological parent of the adoptee or the spouse of the adoptee's parent. Single parents are eligible for both types of adoption. If an adoptive parent is married, however, he/she must file jointly with his/her spouse. ADOPTION AGENCIES AND ATTORNEYS: The following is a list of attorneys; the Embassy assumes no responsibility for the integrity or professional liability of the persons whose names appear on the list: Calalang Law Office
1045 Ibarra St.
Sampaloc, Manila
Tel: 632-741-1949
Fax: 632-415-4022 Quasha, Ancheta, Pena & Nolasco
6th Floor, Don Pablo Bldg.
114 Amorsolo St.
Makati City 3117
Tel: 632-892-3011
Fax: 632-817-6423 Riguera & Riguera Law Office
2F Azucena Arcade
255 Alabang-Zapote Rd.
Las Pinas City
Tel: 632-800-5749
632-543-3182
632-543-3183
Fax: 632-800-5749
Romero, Arreza & Magtanong
3rd Floor, DSPI Business Center
210 Nicanor Garcia St.
Bel-Air Village II
Makati City
Tel: 632-896-0447
632-899-8471
632-899-5144
632-899-8343
Fax: 632-896-0447 R.P. Nogales
St. Michael Int'l Tower
Suite 601
143 - A Yakal St.
Pasong Tamo, Makati City
Tel: 632-893-7062 to 64
Fax: 632-893-7065 SyCip, Salazar, Hernandez & Gatmaitan
SyCip Law
All Asia Center
105 Paseo de Roxas
Makati City
Mailing Address: POB 4223
CPO 1002
Manila
Tel: 632-817-9811 to 9820
632-817-2001 to 2009
Fax: 632-817-3896
632-818-7562 Cebu Branch:
Keppel Center
Suite 406
Cebu Business Park
Cardinal Rosales Ave.
cor. Samar Loop, Cebu City
Tel: 032-233-1211 to 1213
032-233-1950
Fax: 032-233-1682 Davao Office:
2nd Floor, Anthony Bldg.
J.P. Laurel Ave.
Bajada, Davao City
Tel: 082- 221-3917
Fax: 082-224-2743
E-mail (for all the offices): syciplaw@globe.com.ph
Ssbg@syciplaw.com Tenefrancia, Agrazamendez, Liceralde & Associate (Tala Law)
Suite 31, Lopez Bldg.
Session Rd.
Baguio City
Tel: 074-443-8624 to 8625
074-443-8347
Fax: 074-443-8347 P.B. Flores and Associates Law and Realty
Rm. 2203 Rivergate Complex
General Maxilom Ave.
Cebu City
Tel: 032-254-7770
032-253-2777
Fax: 032- 254-7770
E-mail: cyberlex@Cebu.pw.net.ph Rodrigo R. Ridon
18 Fontaine St., East
Bajac- Bajac, Olongapo
Tel: 047-222-5330 The following is a list of authorized adoption agencies in the U.S. that handle inter-country adoptions:
Bay Area Adoption Services
465 Fairchild Dr., Ste 215
Mountain View, CA 94043
Tel: 650-964-3800
Fax: 650-964-6467
E-mail: baas@baas.org Catholic Charities
98 Bosworth St., 3rd Floor
San Francisco, CA 94112-1002
Tel: 415-406-2387
Fax: 415-406-2386 Vista Del Mar Family & Child Service
3200 Motor Ave.
Los Angeles, CA 90034
Tel: 310-836-1223
Fax: 310-836-3863 Chrysalis House
4025 N. Fresno St., Ste 106
Fresno, CA 93726
Tel: 559- 229-9862
Fax: 559-229-9863
E-mail: chi11@pacbell.net International Alliance for Children
Two Ledge Ln.
New Milford, CT 06776
Tel: 860-354-4451
Fax: 860-355-2265 Department of Public Health & Social Services
123 Chalan Kareta, Rt. 10
Mangilao, Guam 96923
Tel: 671-735-7399
671-735-7171
671-735-7173
Fax: 671-734-5910
Government of Guam
P.O. Box 2816
Agana, Guam 96932 Catholic Charities
200 North Vineyard Blvd., Ste 200
Honolulu, Hawaii 96817-3938 Child & Family Service
Community Service Center, Ste. 20
200 North Vineyard Blvd., Bldg. B
Honolulu, Hawaii 96817-3938
Tel: 808-543-8436
808-681-6353
Fax: 808-599-5711
E-mail: VNAFARRETEBRAGA@cfshawaii.org Lifelink/Bensenville Home Society
331 South York Rd.
Bensenville, IL 60106-26080
Tel: 630-766-3570
Fax: 630-860-5130
E-mail: alladopt@psinet.com New Life Social Services
6316 N. Lincoln Ave.
Chicago, IL 60659
Tel: 773-478-4773
773-478-4734
Fax: 773-478-7646
E-mail: nlss@aol.com Hand in Hand International Adoption
210A North Orange St.
Albion, Indiana 46701
Tel: 219-636-3566
Fax: 219-636-2554
E-mail: indiana@hihiadopt.org Associated Catholic Charities
19 W. Franklin St.
Baltimore, MD 21201
Fax: 410-659-4060 International Social Service American Branch, Inc.
700 Light St.
Baltimore, MD 21230
Tel: 410-230-2734
Fax: 410-230-2741
E-mail: info@issab.org Wide Horizons for Children, Inc.
38 Edge Hills Rd.
Waltham, MA 02154
Tel: 781-894-5330
Fax: 781-899-2769
E-mail: marylou@whfc.org
http://www. whfc.org Bethany Christian Services
901 Eastern Ave., NE
Grand rapids, MI 49501-0294
Tel: 616-224-7466
Fax: 616-224-7585 Evergreen Children's Services
10421 W. Seven Mile Rd.
Detroit, MI 48221
Tel: 313-862-1000
Fax: 313-862-6464 Crossroads Adoption Service
4620 West 77th St., Ste 105
Minneapolis, MN 55435
Tel: 612-831-5707
Fax: 612-831-5129
E-mail: kids@crossroadsadoption.com
Aslnnot@ix.netcom.com Hope Adoption & Family Services International, Inc.
421 South Main
Stillwater, MN 55082
Tel: 651-439-2446
Fax: 651-439-2071
E-mail: hope@mtn.org Nebraska Children's Home Society
3549 Fontanelle Blvd.
Omaha, Nebraska 68104
Tel: 402-451-0787
Fax: 402-451-0360
E-mail: http://www. nchs.org
Kruegerca@hotmail.com Voice of International & Domestic Adoptions
354 Allen St.
Hudson, NY 12534
Tel: 518-828-4527
518-828-0688
E-mail: VIDAADOPT@aol.com
Vida@berk.com Christian Adoption Services
624 Matthews Minthill Rd.
Ste. 134
Matthews, NC 28105-1775
Tel: 704-847-0038
Fax: 704-841-1538
E-mail: cas@perigee.net Family Adoption Consultants
Macedonia Professional Bldg.
8536 Crow Dr., Ste 230
Macedonia, OH 44056
Tel: 330-468-0673
Fax: 330-468-0678 Holt International Children's Services
1195 Cityview St.
Eugene, OR 97402
P.O. Box 2880
Tel: 541-687-2202
Fax: 541-683-6175
E-mail: info@holtintl.org Welcome House Social Services of The Pearl S. Buck Foundation
P.O. Box 181
Greenhills Farm
Perkasie, PA 18944-0181
Tel: 215-249-0100
Fax: 215-249-9657 Holston United Methodist Home for Children
9915 D. Kingston Pike
Knoxville, TN 37922
Tel: 423-638-4171
423-638-4909
Fax: 423-638-7171
423-675-4915
E-mail: Mpromise@aol.com
Carlanderson@holstonhome.org Lutheran Social Services of Wisconsin & Upper Michigan, Inc.
1101 W. Clairemont
Suite 2 H Eau Claire
Wisconsin 54701
Tel: 715-833-0992
Fax: 715-833-9466
E-mail: chakala@lsswiss.org DOCTORS: The U.S. Embassy maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Philippines. PHILIPPINE DOCUMENTARY REQUIREMENTS: - Home study conducted by a licensed and accredited social worker of the Department of Social Welfare and Development, social service office of the local government unit or accredited child-placing agency
- Birth certificate of adoptive parent(s)
- Marriage contract or divorce, annulment, declaration of nullity, or legal separation documents for the adoptive parent(s)
- Written consent to the adoption by all children over the age of ten who are living with the petitioner
- Physical and medical evaluation by a duly-licensed physician
- Philippine National Bureau of Investigation police clearance
- Latest income tax return or other documents showing financial capability
- Three character references, namely from the local church/minister, the employer, and a non-relative member of the immediate community who have known the applicant for at least three years
- 3X5-sized pictures taken within the last three years of the petitioner and his/her immediate family
- Certificate of attendance of pre-adoption forums or seminars
Please note that U.S. citizens residing in the Philippines and adopting children while living in the Philippines are subject to additional requirements. These documents need to be authenticated: Generally, U.S. civil records, such as birth, death, and marriage certificates must bear the seal of the issuing office. Then it must be authenticated by the state's Secretary of State in your state capital, then by the U.S. Department of State Authentication's office and then by the Philippine Embassy or Consulate in the United States. Check with the Philippine Consulate in the U.S. with jurisdiction over your state to see what seals and signatures the Consulate can authenticate. It may be possible to eliminate some of the steps if the Consulate has the seal of the local issuing authority on file. Tax returns, medical reports and police clearances should likewise be authenticated, beginning with the seal of notary public in the United States or some appropriate issuing office. The notary's seal should be authenticated by the county clerk where the notary is licensed or some similar authority. The document should then be authenticated by the state Secretary of State; (in your state capital) the U.S. Department of State Authentication's Office, and the Philippine Embassy or Consulate. RESIDENCE REQUIREMENTS: A U.S. citizen interested in adopting a Filipino child while they are living in the Philippines must meet the following requirements: U.S. citizens who are not resident in the Philippines and who are not eligible for a waiver of the above requirements may adopt orphan children only through the inter-country adoption process. Questions relating to inter-country adoption should be directed to: The Philippine Inter-Country Adoption Board (ICAB)
P.O. Box 1622
#2 Chicago Corner, Ermin Garcia Streets
Barangay Pinagkaisahan, Cubao, Quezon City
The Philippines
Tel: 632-726-4568
Fax: 632-727-2026
E-mail: icaba@skyinet.net U.S. IMMIGRATION REQUIREMENTS A Filipino child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens. A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Manila. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Manila for more information. An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows: - The adoptive or prospective adoptive parent must be an American citizen;
- The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf;
- If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
- If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
- The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS can be found on BCIS's web site at http://www.uscis.gov.
U.S. IMMIGRATION PROCEDURES FOR ORPHANS I. The Petition. Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance. A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Manila . Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Philippines should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Manila as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an BCIS office in the US. II. The Orphan Investigation One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. This investigation is performed by a consular officer at the time of the child's immigrant visa interview. VISA INFORMATION & WHAT TO EXPECT INFORMATION: For Domestic Adoption-U.S. citizen adoptive parents residing in the Philippines will be sent the necessary visa information once the Immigrant Visa Unit receives an approved I-600 (Petition to classify an orphan as an immediate relative) from the Bureau of Citizenship and Immigration Services in the Department of Homeland Security in Manila. For Inter-Country Adoption- please note that ICAB serves as a proxy for the adoptive parents during the entire inter-country adoption process (including the immigrant visa interview). In addition, the Inter-Country Adoption Act specifically prohibits contact between the child and the prospective adoptive parents until the ICAB has completed the matching process. ICAB strongly discourages adoptive parents from traveling to the Philippines until ICAB has received an immigrant visa packet on the child's behalf. This policy reduces the potential emotional stress placed on the child or the adoptive parents. PHILIPPINE EMBASSY (and Consulates) IN THE UNITED STATES:
Embassy of the Philippines
1600 Massachusetts Ave., NW
Washington, DC 20086
Tel: 202-467-9300
202-467-9382
Fax: 202-328-7614
202-467-9417
E-mail: washpe@aol.com Philippines also has Consulates in Los Angeles, California; New York, New York; San Francisco, California; Saipan, MP; Tamuning, Guam; Chicago, Illinois, and Honolulu, Hawaii. U.S. EMBASSY ( and Consulate) IN MANILA:
U.S. Embassy Manila
1201 Roxas Blvd.
Ermita, Manila
Philippines
Tel: 632-523-1001
Fax: 632-522-4361
Web site: http://www.usembassy.state.gov/manila The U.S. also has a consular agent in Cebu. ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions. QUESTIONS: Specific questions regarding adoption in Philippines may be addressed to the Consular Section of the U.S. Embassy or Consulate in Manila. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, Tel: 1-888-407-4747 with specific questions. Information is also available 24 hours a day from several sources: Telephone - Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, 1-888-407-4747.- State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.- Bureau of Citizenship and Immigration Services in the Department of Homeland Security - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676). Internet - the Consular Affairs web site, at: http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure. BCIS web site - http://www.uscis.gov Other information:
Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports.
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