In the Philippines, inter-country adoption is considered an act of last resort, governed by the principle of the "best interests of the child." The legal landscape underwent a significant shift with the enactment of Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act, which sought to streamline adoption processes. However, for foreign citizens looking to adopt a Filipino child, the primary governing law remains Republic Act No. 8043 (The Inter-Country Adoption Act of 1995), as integrated into the new administrative framework.

The National Authority for Child Care (NACC), an attached agency of the Department of Social Welfare and Development (DSWD), now serves as the central authority for all adoption matters, replacing the former Inter-Country Adoption Board (ICAB).

1. Fundamental Principles

Under Philippine law, a child may only be available for inter-country adoption if:

All efforts to find a suitable domestic adoptive family (within the Philippines) have been exhausted.
The child has been "Legally Available for Adoption" (LAA) through a certification issued by the NACC.
The adoption is monitored by a recognized Foreign Adoption Agency (FAA) in the applicant's country.

2. Who May Adopt? (Eligibility of Foreigners)

Any foreign citizen may file an application for inter-country adoption if they meet the following criteria:

Age: At least 27 years old and at least 16 years older than the child to be adopted at the time of application (unless the applicant is the biological parent or the spouse of the biological parent).
Legal Capacity: Capacity to act and assume all rights and responsibilities of parental authority under their national laws.
Moral Character: No conviction of a crime involving moral turpitude.
Country Status: Their country has diplomatic relations with the Philippines and adoption is allowed under their national laws.
Agreement Compliance: Their country is a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, or there is a bilateral agreement in place.
Standard of Living: Evidence of financial capability to provide for the child.

3. The Multi-Stage Process

Phase I: Application and Matching

Filing of Application: The foreign applicant does not file directly with the NACC. They must coordinate with an Accredited Foreign Adoption Agency (FAA) or the Central Authority of their own country.
Home Study Report: The FAA conducts a thorough background check and prepares a Home Study Report, detailing the applicants' lifestyle, health, and motivation.
Matching (The "Rooster" Stage): The NACC Inter-Country Placement Committee matches the child with a prospective parent. This is a child-focused process; parents do not "pick" a child from a gallery.

Phase II: Pre-Adoption Placement

Notice of Matching: The applicants are notified of the proposed match. They are provided with the child’s profile, medical history, and social case study.
Acceptance: If the applicants accept, the NACC issues the Pre-Adoption Placement Authority (PAPA).
Physical Transfer: The prospective adoptive parents must personally travel to the Philippines to fetch the child. This is a mandatory requirement to initiate the bonding process.

Phase III: The Trial Custody Period

Once the child is brought to the foreign country, a six-month trial custody period begins. During this time:

The FAA monitors the placement.
Progress reports are submitted to the NACC every two months.
The NACC retains legal jurisdiction over the child during this period.

Phase IV: Finalization

Consent to Adopt: If the trial period is successful, the NACC issues the Affidavit of Consent to Adoption.
Decree of Adoption: The adoptive parents then file for the final Decree of Adoption in their home country’s courts.
Reporting: Once the adoption is finalized abroad, a copy of the final decree must be sent to the NACC for record-keeping.

4. Documentary Requirements

While specific forms vary, the standard dossier includes:

Birth Certificates of the applicants.
Marriage Contract (or Divorce Decree, if applicable).
Physician’s Certificate (physical and mental fitness).
Clearances from the Police/FBI or relevant national bureau.
Income Tax Returns or proof of financial capacity.
Letters of Recommendation (typically from a pastor, employer, and a neighbor).
Recent postcard-sized photos of the applicants and their home.

5. Prohibited Acts and Penalties

The Philippine government maintains strict safeguards against child trafficking.

Direct Placement: It is illegal for a foreign citizen to pick up a child from an orphanage or a private individual and attempt to bypass the NACC.
Private Adoption: Private "hand-to-hand" adoptions between a biological mother and a foreigner are null and void and can lead to criminal prosecution for kidnapping or child trafficking.
Fees: Only legally mandated administrative fees and FAA processing fees are allowed. Any additional "donations" to birth parents or intermediaries are viewed as "buying" a child and are strictly prosecuted.

6. The Role of the Hague Convention

The Philippines is a signatory to the 1993 Hague Convention. This ensures that adoptions are recognized internationally and that the child’s rights are protected across borders. It prevents the "limping" status of adoption, where a child is considered adopted in one country but not the other.