By Joseph C. Palacol
Section 7. Inter-Country adopton as the last resort – The Board shall ensure that all possibilities for adoption of the child under the family code have been exhausted and that inter-country adoption is in the best interest of the child. Towards this end, The Board shall set up the guidelines to ensure that steps will be taken to place the child in the Philippines before the child is placed for inter-country adoption: Provided however, that the maximum number that may be allowed for foreign adoption shall not exceed six hundred(600) a year for the first (5) years.
GUIDELINES
The law provides that the broad shall set up guidelines to ensure that steps will be taken to place the child in the Philippines before the child is placed for inter-country adoption. The guidelines are precisely those provided in the Rules and Regulations. However, from time to time, the Board can modify the rule provided that they are not inconsistent with the law. The matter of the placement of the child depends largely on the placement committee and licensed local child-caring-placing-agencies and accredited foreign adoption agencies. The rules have provisions on this point.
ARTICLE V
PLACEMENT COMMITTEE
SECTION 11. COMPOSITION. – The matching of a child to a foreign adoptive family
shall be approved by the Board upon the recommendation of a Committee which shall
have five (5) members composed of a child psychiatrist or psychologist, a medical
doctor or pediatrician, a lawyer, a registered social worker and a representative of a
non-governmental organization engaged in child welfare activities.
The Board shall appoint qualified persons who shall serve in the Committee for a
term of two (2) years which may be renewed.
SECTION 12. FUNCTIONS OF THE COMMITTEE. – The Committee shall have the
following functions:
(a) carry out an integrated system and network of selection and matching of
applicants and children;
(b) recommend to the Board approval of applications and matching proposals, and;
(c) perform such other functions and duties as may be prescribed by the Board.
SECTION 13. ALLOWANCES OF COMMITTEE MEMBERS. – A Committee member
shall receive an honorarium of One Thousand Pesos (P1,000.00) for each meeting
actually attended; Provided, that the total amount of honorarium that a member may
receive shall not exceed Four Thousand Pesos (P4,000.00) a month.
SECTION 14. RULES OF PROCEDURE. – Subject to the approval of the Board, the
Committee shall fix its own internal rules and procedures including the selection of its
chairperson.
SECTION 15. MEETINGS. – The Committee shall meet regularly or upon the call of
the Board.
ARTICLE VI
LICENSING AND ACCREDITATION
SECTION 16. LOCAL CHILD CARING AND CHILD PLACING AGENCIES. – Only local
child caring and placing agencies licensed and accredited by the Department and with
personnel and facilities to undertake a comprehensive child welfare program shall be
accredited by the Board to participate in the intercountry adoption program.
SECTION 17. FOREIGN ADOPTION AGENCIES. – No foreign adoption agency shall be
allowed to participate in the Philippine inter-country adoption program unless it is
granted by the Board an accreditation in its own name. The accreditation from the
Board shall be issued upon submission of the following requirements:
(a) A license and/or accreditation or authorization from its government to operate as
an adoption agency to carry out inter-country adoptions;
(b) Name and qualifications of the members of the board of directors, senior officers
and other staff involved in inter-country adoption;
(c) Detailed description of its programs and services, researches and publications;
(d) Audited financial report including sources of funds, adoption fees and charges;
(e) Undertaking under oath that it shall assume responsibility for the selection of
qualified applicants; that it shall comply with the Philippine laws on inter-country
adoption; that it shall inform the Board of any change in the foregoing information;
and shall comply with post adoption requirements as specified by the Board, and;
(f) Such other requirements which the Board may deem necessary in the best interest
of the child.
Authentication of the aforementioned documents shall be made by either the official
designated by the Philippine embassy or consulate in the country where the foreign
adoption agency operates or the authorized official of the embassy or consulate in the
Philippines of the country where the foreign adoption agency operates.
SECTION 18. LIAISON SERVICES. – Only a non-profit licensed and accredited child
caring or child placing agency shall be allowed to serve as a representative of a foreign
adoption agency and subject to prior approval by the Board based on specific
requirements.
The Board shall periodically review the liaison services and may terminate any such
service when, after a thorough evaluation, the agency is proven to have violated the
requirements under these Rules. The agency concerned shall be given prior notice as
provided for in Section 22.
SECTION 19. RENEWAL OF ACCREDITATION. – The Board shall re-accredit
previously accredited foreign adoption agencies in order to ensure that all pertinent
requirements for proper inter-country adoption are current and valid. The Board shall
inspect the facilities of the foreign adoption agency once every four (4) years but may
require periodic reports.
SECTION 20. FEES. – No fees or charges of any kind shall be charged in connection
with licensing and accreditation under the Act.
ARTICLE VII
SUSPENSION OR REVOCATION OF LICENSE OR ACCREDITATION
SECTION 21. GROUNDS. – The Board shall suspend or revoke the license or
accreditation issued to a child caring or child placing agency or foreign adoption
agency on any of the following grounds:
(a) Imposing or accepting directly or indirectly any consideration, money, goods or
services in exchange of an allocation of a child in violation of the Rules;
(b) Misrepresenting or concealing any vital information required under the Rules;
(c) Offering money, goods or services to any member, official or employee or
representative of the Board, to give preference in the adoption process to any
applicant;
- d) Advertising or publishing the name or photograph of a child for adoption to
influence any person to apply for adoption except special homefinding for hard-toplace
children;
(e) Failure to perform any act required under the Rules that results in prejudice to the
child or applicant;
(f) Appointing or designating any liaison or agent without prior approval of the
Board;
(g) Engaging in matching arrangement or any contact to pre-identify a child in
violation of the Rules, or;
(h) Any other act in violation of the provisions of the Act, the Rules and other related
laws.
SECTION 22. WHO MAY INITIATE ACTION TO SUSPEND OR REVOKE LICENSE OR
ACCREDITATION. – The Board, motu proprio upon receipt of any information
regarding any violation or irregularity or upon receipt of complaint under oath or
request for investigation, may conduct initial inquiries and upon being satisfied that
the report, complaint or request for investigation has legal and factual basis, shall
require the agency concerned to answer within fifteen (15) working days from receipt
of notice, furnishing the agency concerned with a copy of the complaint or a brief
statement of the report or request.
SECTION 23. PROCEEDINGS FOR SUSPENSION OR REVOCATION. – Upon receipt of
the answer or failure to receive an answer within the required period, the Board shall
conduct a hearing or investigation and decide according to the evidence. Depending
upon the gravity of the violation charged or if the agency shall fail to answer, the Board
suspend any dealings with the agency concerned during the pendency of the
investigation.
SECTION 24. ACTION OF THE BOARD. – Upon termination of the investigation, the
Board shall dismiss the charge or suspend or revoke the license or accreditation of the
agency concerned, if the evidence so warrants.
The Board’s decision shall be sent to the agency concerned, the Department, the
regulatory agency of the state or country where the agency operates and the
Department of Foreign Affairs.