4 TH Asia Pacific Regional Conference of the HccH 26 October 2011 Mandarin Oriental Hotel

1. DISTINCTIVE CHARACTERISTICS OF THE PHILIPPINE INTERCOUNTRY ADOPTION PROCESS 4TH Asia Pacific Regional Conference of the HccH 26 October 2011 Mandarin Oriental Hotel Manila, Philippines

2. 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

3. Principle of Subsidiarity Community ChildCaring Agencies DSWD issuance of Certificate of Adoptability RA 9523 Central Local Matching at DSWD Unmatched Matched Issuance of Clearance for Inter-country Adoption and endorsement to ICAB DomesticAdoption RA 8552

4. RA 9523 • Requirements for the issuance of Certificate that child is legally available for adoption • Social Case Study Report • Proof of efforts to locate parents • Written certification of media of the airing on three different occasions • Publication in a newspaper of general circulation • Returned registered mail to the last known address of parents/relatives • Birth certificate • Recent photograph of child upon admission to agency

5. 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

6. 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

7. DSWD Issues ICA Clearance ICAB Secretariat Reviews & Assesses Suitability and Eligibility for Inclusion in Roster of Cleared Children (ROCC) and Roster of Children for Matching (ROCM) Dossier of Child forwarded to ICAB If info/data complete/substantive - Inclusion of Child/ren in ROCM If info/data incomplete/non-substantive: Inclusion in ROCC but request additional info ICAB Secretariat Notifies CCA on Pre-Matching/Matching Conference Schedule Upon completion of requested additional info, inclusion in ROCM

8. Screening of Adoptive Parents Applications received By ICAB ICAB screens Applications from Appropriate Central Authority/Phil. Accredited FAA Applications Received from 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 (Awaiting additional Info/SDs) Approval by ICAB Disapproval by ICAB ENTRY TO ROSTER OF APPROVED APLLICANTS (RAA) Dossier Returned to CA/ FAA CA/FAA Submits Additional Info/SDs

9. Composition of the Board Secretary of the DSWDCorazon Juliano Solimanis the Ex-officio chairperson of the ICAB and has designated Undersecretary Alicia Bala as the Alternate Chairperson

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

11. POST ADOPTION • Motherland Tour • Request for Information • Search and Reunion • Of legal age as defined by receiving country • Emotional maturity • Exception: emotional well being

12. 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

13. 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

14. 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

15. 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

16. Thank you.