INTER-COUNTRY ADOPTION LAW

SECTION 26. APPLICABILITY - The following sections apply to inter-country adoption of Filipino children by foreign nationals and Filipino citizens permanently residing abroad.

SECTION 27. OBJECTIVES - The State shall:

(a) consider inter-country adoption as an alternative means of child care, if the child cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be cared for in the Philippines;

(b) ensure that the child subject of inter-country adoption enjoys the same protection accorded to children in domestic adoption; and

(c) take all measures to ensure that he placement arising therefrom does not result in improper financial gain for those involved.

SECTION 28. WHERE TO FILE PETITION - A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found.

It may be filed directly with the Inter-Country Adoption Board.

SECTION 29. WHO MAY BE ADOPTED - Only a child legally available for domestic adoption may be the subject of inter-country adoption.

SECTION 30. CONTENTS OF PETITION - The petitioner must allege:

(a) his age and the age of the child to be adopted, showing that he is at least 27 years of age and at lest 16 years older than the child to be adopted at the time of application, unless the petitioner is the parent by nature of the child to be adopted or the spouse of such parent, in which case the age difference does not apply;

(b) if married, the name of the spouse who must be joined as co-petitioner except when the adoptee is a legitimate child of his spouse;

(c) that he has capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his country;

(d) that he has not been convicted of a crime involving moral turpitude;

(e) that he is eligible to adopt under his national law;

(f) that he can provide the proper care and support and instill the necessary moral values and example to all his children, including the child to be adopted;

(g) that he agrees to uphold the basic rights of the child...;

(h) that he comes from a country with which the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that the adoption of a Filipino child is allowed under his national laws; and

(i) that he possesses all the qualifications and none of the disqualifications provided in this Rule, in RA 8043, and in all other applicable Philippine laws.

SECTION 33. EFFECTIVITY - 22 August 2002.