Requirements and Procedure for Inter-Country Adoption in the Philippines

I. Introduction

Inter-country adoption in the Philippines is governed primarily by Republic Act No. 8043, otherwise known as the “Inter-Country Adoption Act of 1995,” and its Implementing Rules and Regulations (IRR) issued in 1996 and subsequently amended. The Philippines is a State Party to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention), which took effect in the Philippines on 1 November 1998. All inter-country adoptions involving Filipino children must comply both with RA 8043 and the Hague Convention standards of subsidiarity, best interests of the child, and safeguards against abduction, sale, or trafficking of children.

The Central Authority of the Philippines for the Hague Convention is the Inter-Country Adoption Board (ICAB), an attached agency of the Department of Social Welfare and Development (DSWD).

Domestic adoption and adoption by former Filipinos or relatives living abroad are governed by separate laws (RA 8552 as amended by RA 11642) and are not considered inter-country adoptions under RA 8043.

II. Fundamental Principles

1. Subsidiarity – Inter-country adoption is allowed only after all possibilities of domestic placement (adoption, kafala, foster care, or family reunification) have been exhausted and duly certified as impossible within a reasonable period.
2. Best Interests of the Child – The child’s welfare is paramount.
3. Legally Free Child – Only children who have been voluntarily or involuntarily committed and declared legally available for adoption by the DSWD may be placed for inter-country adoption.
4. No Improper Financial Gain – Compensation is limited to reasonable professional fees and actual costs; any form of payment for the child is prohibited.

III. Who May Be Adopted Through Inter-Country Adoption

Only the following children may be placed through the ICAB:

1. Children who have been legally declared “abandoned” or “neglected” by a court or by the DSWD through an Administrative Order of Child Placement Authority after due process.
2. Children who have been voluntarily committed by parents or legal guardians with a Deed of Voluntary Commitment (DVC) duly certified by the DSWD.
3. Children eight (8) years old and above must give written consent.
4. Older siblings must, as far as possible, be adopted together.

Children with special needs (medical conditions, older children, sibling groups) are prioritized for inter-country placement because they have fewer prospects domestically.

IV. Who May Adopt Through Inter-Country Adoption

Foreign nationals and Filipino citizens permanently residing abroad may adopt through the ICAB provided:

A. General Requirements (applicable to all prospective adoptive parents – PAPs)

1. At least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted (waivable for relative adoptions under certain conditions).
2. Of legal age and good moral character.
3. In a position to support, educate, and care for the child.
4. Emotionally and psychologically capable of adopting (certified by a licensed psychologist/psychiatrist).
5. In good physical and mental health (medical certificate required).
6. No criminal record involving moral turpitude, violence, child abuse, or abandonment.
7. Married couples must apply jointly (except in specific cases).
8. Has not been convicted of a crime involving moral turpitude.
9. Comes from a country with diplomatic relations with the Philippines.
10. The country of residence has a functioning Central Authority or Accredited Foreign Adoption Agency recognized by the ICAB.

B. Additional Requirements for Married Couples

• Must be legally married for at least three (3) years (both marriages if previously married).
• Both spouses must consent and be qualified to adopt.

C. Special Cases

• A former Filipino citizen may adopt even if married to a foreigner who does not qualify, provided the Filipino meets all other requirements.
• Relatives within the fourth degree of consanguinity may have some requirements waived.

D. Countries Currently Accepted by ICAB

The ICAB maintains a list of countries with which it has functioning adoption agreements. As of 2025–2026, the active countries include (but are not limited to): USA, Italy, Spain, Norway, Denmark, Sweden, Netherlands, Canada, France, Germany, Belgium, Switzerland, and a few others. The list is periodically updated on the ICAB website. Countries without a Hague-compliant Central Authority or accredited body are generally not accepted.

V. Authorized Entities

1. ICAB – Philippine Central Authority.
2. Foreign Adoption Agency (FAA) – Must be accredited by its own country’s Central Authority and authorized by the ICAB.
3. No individual placements or independent adoptions are allowed (except in rare relative cases processed through the Regional Trial Court under the Domestic Adoption Act).

VI. Step-by-Step Procedure

Phase 1: Application of Prospective Adoptive Parents (PAPs)

1. PAPs apply to the Central Authority or accredited Foreign Adoption Agency (FAA) in their country of residence.
2. The FAA prepares a complete home study report (social, psychological, medical, financial evaluation) following Hague standards (Article 15 report).
3. The FAA forwards the application dossier to the ICAB, including:
   • Home study report
   • Birth and marriage certificates
   • Police clearances
   • Medical certificates
   • Psychological evaluation
   • Proof of financial capacity
   • Passports and immigration status
   • Undertaking to allow post-placement reporting
   • Certificate of training on inter-country adoption
4. ICAB evaluates and approves/rejects the application (valid for two (2) years, renewable).

Phase 2: Matching

1. ICAB matches the approved PAPs with a specific child from the roster of legally free children whose domestic placement has been exhausted.
2. ICAB sends the child study report (CSR), medical report, recent photos, and development history to the FAA (Article 16 report).
3. PAPs have sixty (60) days to accept or decline the proposed matching.
4. Upon acceptance, ICAB issues the Placement Authority (PA).

Phase 3: Pre-Adoption Placement

1. The child is entrusted to the PAPs either in the Philippines or abroad (depending on the FAA protocol).
2. A six (6)-month trial custody (supervised cohabitation) period begins upon the child’s arrival in the receiving country.
3. The FAA supervises and submits quarterly post-placement reports to ICAB.

Phase 4: Finalization

1. After successful completion of the six-month period and at least three favorable reports, the FAA or PAPs file a petition for adoption in the competent court/authority of the receiving country.
2. Once the foreign adoption decree is final, the FAA sends a copy to ICAB together with the Certificate of Compliance with Hague procedures.
3. ICAB issues a Consent to Adoption (for Hague purposes) retroactively if needed and facilitates issuance of a new Philippine birth certificate reflecting the adoptive parents.

VII. Post-Adoption Requirements

1. Post-placement reports are required at 6, 12, 18, and 24 months after placement, then annually until the child reaches 18 (or as required by ICAB).
2. Failure to submit reports may result in blacklisting of the FAA and PAPs.

VIII. Fees

ICAB charges a processing fee of approximately USD 3,000–4,500 (subject to change) payable in phases. Additional fees are charged by the FAA and vary by country. Direct payment to birth parents or intermediaries is strictly prohibited.

IX. Prohibitions and Penalties

RA 8043 imposes severe penalties:

• Sale or trafficking of children: 12–20 years imprisonment and fine of PHP 200,000–1,000,000.
• Facilitating improper financial gain: 6–12 years imprisonment.
• Falsification of documents: penalties under Revised Penal Code.
• Independent adoptions bypassing ICAB: null and void; criminal prosecution.

X. Current Status (as of February 2026)

The Philippines continues to implement a controlled and highly selective inter-country adoption program. The number of placements has significantly decreased since the early 2000s due to stricter subsidiarity enforcement and improvements in domestic adoption. Only children with special needs or older children are regularly placed internationally. The ICAB periodically reviews bilateral agreements and may suspend cooperation with countries not meeting Hague standards.

All prospective adoptive parents are strongly advised to consult the official ICAB website (www.icab.gov.ph) or contact the Board directly for the most current list of authorized countries, accredited FAAs, and updated fees and forms.