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HAGUE CONVENTION ON INTERCOUNTRY ADOPTION

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HAGUE CONVENTION ON INTERCOUNTRY ADOPTION Powered By Docstoc
					DISTINCTIVE CHARACTERISTICS
OF THE PHILIPPINE
INTERCOUNTRY ADOPTION
PROCESS

4TH Asia Pacific Regional Conference of the HccH
26 October 2011
Mandarin Oriental Hotel
Manila, Philippines
    Background
   29 May 1993 Signing of the ‘93 Convention

   7 June 1995 Philippine Congress passes RA 8043 (Intercountry
    Adoption Act of 1995)

       26 December 1995 – The Implementing Rules and Regulations on
        RA 8043 are passed.
       8 January 2004 – Amendment of the Implementing Rules and
        Regulations

   2 July 1996 Deposit of the Instrument of Ratification

   1 November 1996 Entry into force of the ‘93 Convention
 Principle of Subsidiarity


                       Community
                   Child Caring Agencies

             DSWD issuance of Certificate of
                 Adoptability RA 9523


               Central Local Matching at DSWD



                                               Unmatched
Matched

                                         Issuance of
Domestic                             Clearance for Inter-
Adoption                              country Adoption
                                     and endorsement to
RA 8552                                     ICAB
RA 9523
Requirements for the issuance of Certificate that child
is legally available for adoption
     1. Social Case Study Report

    2. Proof of efforts to locate parents

         a. Written certification of media of the airing
            on three different occasions
         b. Publication in a newspaper of general
            circulation
         c. Returned registered mail to the last known
            address of parents/relatives

    3. Birth certificate

    4. Recent photograph of child upon admission to
       agency
RA 8552
Who may adopt

   • Any alien possessing the following qualifications:

       •In possession of full civil capacity
       •Good moral character
       •Not convicted of any crime involving moral turpitude
       •Emotionally capable
       •16 years older than adoptee
       •Financial capacity
       •Country has diplomatic relations with the Philippines

            Requirements waived for relative adoptions within the 4th
            degree:

       • Living in the Philippines for 3 continuous years prior to filing and
       maintains residence until adoption decree is entered
       • Certified by diplomatic/consular/appropriate government agency of
            • legal capacity to adopt
            • adoptee may enter country as an adopted son/daughter
Gap in RA 8043


• ICAB law grants jurisdiction to ICAB to place
children fifteen (15) years and below only


• Children aged 15 to 18 must go to the regular
courts for adoption
    DSWD Issues ICA
      Clearance                     ICAB Secretariat Reviews &
                                 Assesses Suitability and Eligibility
                                 for Inclusion in Roster of Cleared
     Dossier of Child              Children (ROCC) and Roster of
    forwarded to ICAB              Children for Matching (ROCM)


                    If info/data                     If info/data
                 complete/substa                  incomplete/non-
                 ntive - Inclusion             substantive: Inclusion
                  of Child/ren in               in ROCC but request
                       ROCM                        additional info


  ICAB Secretariat
Notifies CCA on Pre-                        Upon completion
 Matching/Matching                            of requested
                                             additional info,
Conference Schedule
                                           inclusion in ROCM
      Screening of Adoptive Parents
Applications               ICAB screens Applications              Applications
 received                   from Appropriate Central             Received from
  By ICAB                Authority/Phil. Accredited FAA          Other Sources



                           Review of Home Study Report
                             & Supporting Documents
                              (Secretariat and ICPC)


                       Elevation to ICA Board for approval
                                   PAPs’ dossier

   Deferment of
  Approval by ICAB           Approval by ICAB                Disapproval
(Awaiting additional                                           by ICAB
     Info/SDs)
                                  ENTRY TO
                                 ROSTER OF                Dossier Returned
  CA/FAA Submits
                                  APPROVED                  to CA/ FAA
 Additional Info/SDs             APLLICANTS                                  8
                                    (RAA)
Composition of the Board
Secretary of the DSWD Corazon Juliano Soliman is the
Ex-officio chairperson of the ICAB and has
designated Undersecretary Alicia Bala as the Alternate
Chairperson




                                                         9
                         ICAB Flowchart
Child cleared for                                                          Disapproval –
       ICA                Secretariat &                                     notify CCA;
                                                    Action of
                        INTERCOUNTRY                                        rematching
                                                   the Board:
                          PLACEMENT                Approval/
Approved PAPs             COMMITTEE               Disapproval              Approval – notify
                         Matching Conferences
                                                                            CCA/ endorse
                                                                              Matching
  Issuance of                                     Accept: Issue            Proposal to FAA
   Affidavit of      6 mo. Trial custody           PLACEMENT
   Consent to          Period – 3 Post
                                                  AUTHORITY and
  Adoption &         Placement Reports          Process Travel Documents
 Finalization of
    Adoption
                                                  Not Accepted:            Acceptance/
                                                  notify CCA; for             Non-
     Post Legal                                   endorsement to           acceptance
 Adoption Services                                   2nd PAP if
 (Motherland Tour,
                                                    available or
 Search & Reunion)
                                                    rematching
                                                                                        10
POST ADOPTION

 Motherland Tour
 Request for Information
 Search and Reunion
   Of legal age as defined by receiving country
   Emotional maturity
     Exception: emotional well being
Authorization of Foreign
Partners
 License to operate an adoption agency
With authority to process international
adoptions
Has a proven track record of at least five (5)
years
Governing board and administrative staff –
competent and responsible child welfare
oriented leaders
Audited financial statements of at least the past
three (3) years
A physical office
RE-ACCREDITATION/
AUTHORIZATION OF FOREIGN
PARTNERS
  Compliance with requests to temper quality
   and number of applications sent
  Disruptive placements
  Timely submission of reports
  Capacity and willingness to place children with
   special needs
    Children with disabilities
    Negative background
        Abused
        From incestuous relations
    Older Children 9 to 18 years
LIAISON AGENCIES
 Local presence not required
 Duties:
   Assists in securing additional information and documents prior
    to matching
   Endorsement of documents
   Assists in transfer of children from provinces
   Assists in emotional and psychological preparation of children
   Facilitation/coordination in the adoptive parents travel itinerary
   Assists in the family orientation on the childs habits and
    preferences
   Accompany family for entrustment
   Report any problems encountered to ICAB
   Ensure the regular submission of post placement reports,
    decree of adoption and naturalization
   Assists in post adoption programs and services
Cooperation between Central
Authorities and Partners:

 • Necessary to regulate the number and quality of
 applications sent to countries of origin
 •    Prevention of trafficking
 •     Cooperative nature of convention requires
 close cooperation
Thank you.

				
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