Adopting a Relative Child from the Philippines

Filipino adoption law allows for the adoption of a relative child if the child is within four degrees of consanguinity. This means that the child must be the prospective adoptive parent’s grandchild, brother, sister, niece, nephew, grandniece, grandnephew, aunt, uncle, or first cousin. A child who is any other relation to the prospective adoptive family would not be eligible for adoption under the relative adoption procedures. Children who do not meet these strict criteria will occasionally qualify under the rules for an identified adoption. Adoptive families must be able to prove their relationship with the child (beyond the 4th degree), and ICAB must agree that this adoptive placement is in the best interest of the child.

Both the U.S. and the Philippines are part of The Hague Convention on Protection of Children and Co-operation in Respect to Intercountry Adoption and, therefore, must operate within established rules regarding (but not limited to) the eligibility of potential adoptees as well as adoptive parents. All of these rules also apply in Filipino relative cases.

A child must be “legally free” to be eligible for adoption. A Filipino child is legally free when the child has been voluntarily or involuntarily committed to the Department of Social Welfare and Development or to a licensed child-placing or child-caring agency and freed of parental authority.

All U.S. residents applying to adopt a Filipino child (relative or non-relative) must work with an adoption agency who is Hague accredited as well as accredited by the Philippines government. Family Adoption Consultants meets both of these requirements. International adoption is a complex process that requires approvals from many different governmental officials, both in the Philippines and the United States. Although these rules may seem excessive in the case of a relative adoption, especially when the child is living in dire circumstances, it is important to remember that the rules were developed to protect the rights and welfare of children, their birth families, and prospective adoptive families.

Filipino law does allow for former Filipino citizens who are naturalized citizens of their present country of residence to adopt through the local courts in the Philippines. ICAB’s only involvement in these cases is reviewing and approving the homestudy from an accredited agency in the family’s country of residence. However, families will only be able to obtain an adoption visa for their child to immigrate to the U.S. if they have lived for 2 years in the Philippines with their relative child or 3 years with a non-relative child.

How Do We Start the Process of Adopting our Relative Child?

1. Submit a Preliminary Application to Family Adoption Consultants. We will review and advise you regarding the particular circumstances of your case.
2. Complete the required “Questionnaire for Relative Adoptive Applicants” on the Intercountry Board website: http://www.icab.gov.ph. Submit a copy of your questionnaire to FAC for our records so that we can follow up with ICAB on your behalf if needed.
3. Upon review of the “Questionnaire”, ICAB will request that the family complete the required documents for a relative and/or identified adoption. FAC will work with the prospective parents to complete a homestudy (and dossier if required) and obtain approval from the US Department of Homeland Security, Citizen and Immigration Services. 
4. ICAB will also request the Department of Social Welfare and Development Field Office where the child resides to conduct a Child Study Report. Receipt of this report can take 3 – 6 months from the time of the initial request. The DSWD will evaluate the child’s history and living conditions, verify legal status regarding eligibility for adoption, and make a recommendation whether adoption is in the child’s best interests.
5. The ICAB social worker will review all of the documents regarding the adoptive family and the Child Study Report on the prospective adoptive child, and make a recommendation to the official ICAB Board for approval/ denial of the proposed adoption.
6. Once approval is issued by ICAB, paperwork is filed with the U.S. Central Authority (U.S. Department of State), requesting issuance of the child’s visa.
7. You travel to the Philippines to bring your child home, and attend a meeting at ICAB’s office in Manila.
8. The adoption is legally completed in the U.S. in accordance with the adoption rules in the state where you reside.

Although all of these steps are extremely complex, it is the only way to successfully ensure the legal adoption of your relative child, and approval for the child’s immigration to the United States. Any shortcuts to the established regulations will cause your adoption to be jeopardized.