*January 21 PRIL LECTURE

RP vs. CA: American and his Filipina wife wanted to adopt the nephews and niece of Filipina wife. However, court held that since the law requires joint adoption when one of the spouses adopting is an alien, and the said alien should thus also be qualified to adopt, and here the alien is not qualified to adopt, then the adoption decree was not issued.
*this case was adopted using the FC
*if under the DOMESTIC ADOPTION LAW of 1998:  ALIEN may adopt provided that before the filing of the petition, required to reside 3 years before filing of petition plus residence until finalization of adoption (stranger adoption)
---however, there's a similar provision in the Domestic Adoption Law (related-persons adoption). What process does this serve?  Instead of requiring supervised child custody, if the alien is related, the adopter-alien could ask for a shorter period (and even a waiver of the period - but still has to be a residence in RP for 3 years)
…if related, the importance of bonding between adopter and adoptee need not be established
Effects of Adoption
-grants the adoptee the same rights as the natural child
-is it required that the foreigner adopter's country would allow the adopted child to change his citizenship to that of the adopter's country? NO
UGGI LINDAMAND THERKELSEN V REPUBLIC: Danish Husband and Filipina Wife seek to adopt (though dapat di ba si Danish husband lang) the Filipina wife's natural child by a father who abandoned them after the child's birth. The adoption petition was DENIED because accdg to the JDRC, an alien may only adopt a Filipino when the adoption would make the Filipino minor a citizen of the adopter's country, i.e. if the child would become Danish. Court reversed, granted the petition for adoption, ruling that adoption is civil law, not political law. (not required that the country of the adopter would grant citizenship to the adopted child)
*in RP, laws of citizenship are found in the CONSTITUTION, as well as other political rights (such as right to vote…)
*why require diplomatic relations to grant adoption: degree of control (to get the child back, save the child, if the adoption goes wrong…)
*diplomatic requirements:
1. Entry to the foreign country
2. No law there prohibiting the alien to subsequently acquire citizenship of the foreign country
REPORT - On Intercountry adoption act
*Video on Madonna's adoption - dapat may subtitle!
-june 1995, in accordance w/ Hague Convention

Intercountry	Domestic
-socio-legal process of adopting a Filipino Child by *alien *filipino residing abroad	*filipino citizen *alien w/ residency requirements

Policy of the Law
-protect child, give him opportunity for growth and development
-best interest of the child: continuing care, necessary support needed
Inter-Country Adoption Board (ICAB)
-central authority in adoption matters
-sets rules and guidelines governing adoption
-highest authority in adoption process in RP (office: in Cubao)
Procedure
-last resort: only resorted to if not possible that adoption be in RP - all possibilities exhausted in RP
-shall not exceed 600/year granted
-under Muslim law: no adoption
1. Adoption application
2. Filing w/ RTC/ ICAB…
3. Family selection and matching
4. Pre-adoptive placement cost
5. Supervised Trial Custody
6. Issuance of decree of adoption
Who may adopt?
7. Alien
8. Filipino citizen permanently residing abroad (but issue on standard of permanence)
Qualifications: marami - see law!
*on age gap: no human trafficking, white slavery?
Who may be adopted?
-legally free child
-child legally available for domestic adoption (SC rule)
Filing
*in RTC - however, rule on adoption provides that the court has the duty to transmit to ICAB for action after finding that the application is proper - so wala naman palang trabaho ang RTC????
*in ICAB - if petition is filed abroad
-verified petition
-Allege….
-attach documents
Family selection/Matching
-on early decisions…?: not expressly provided that this must be taken, but it's recommended?
-child study: like a case study in the domestic adoption act
-purpose: make sure that the relationship to be created shall be for the best interest of the child, would work for the child's welfare
-but since Domestic adoption considered first…after considering that domestic adoption is not in the best interest of the child, lipat sa intercountry - clearance by ICAB
-adoptive parents mandated to fetch the adoptive child in RP (di pede padeliver ung bata)
-matching proposal: ICAB would determine if the adopter and the adoptee are compatible
Pre-adoptive placement cost
-borne by applicant
1. Cost of bringing child abroad
2. Cost of passport, etc.
3. Other fees
4. Application fees
5. Processing fees
Supervised Trial Custody
-licensed social worker shall oversee the welfare of the child in the custody of the adoptive parents
-6 months (mandatory vs. domestic adoption act: reduced if the adopter is a relative of the adoptee)
-administered by responsible agency
-parents make a progress report (ensure emotional readiness of child)
-only after lapse of 6 months shall decree of adoption be issued, if ICAB sees it fit for interest of child
Issuance of decree of adoption
-"I suppose they'll be happy" - mr. Sta. Maria
RECOGNITION OF ADOPTION
-in compliance w/ Hague Convention of 1993
-contracting parties should recognize the decree of adoption, solely based on their being signatories to the Hague Convention
-may only refuse if manifestl y contrary to its public policy (public policy escape device)
EFFECTS
1. Legal parent-child relationship (as if child is a legitimate natural child)
2. Parental responsibility/authority
3. Termination of pre-existing legal relationship
-depends on the contracting state
-if terminated (between child and natural parents): child shall enjoy equivalent child
-if not:
1. Receiving state should permit it
2. Adopter should consent?
3. Child's consent
"As a parting words…."
"At the end of it all…" - II
MA'AM:
-minimum age to adopt is 18…but in reality:
*late 20s
*at least 5 years marriage
*if less than 5 years: finding that they cannot conceive their own biological child (treatment to adopted child may change)
-16 year age difference same in intercountry and domestic.
-Difference w/ Hague Convention, there's a choice on where the decree is to be filed…
-but in reality, it's useless to file it w/ RTC because RTC would merely determine if the application is sufficient in form and substance
-issuance of decree:
*the receiving state (the adopter's state) determines capacity of the adopting parents to adopt
*then matching done in RP
*then matched child's files sent in the receiving state
If case not filed in RP:
Domestic: always in receiving state
Intercountry: either in receiving state or ICAB (not really RTC)
-recognition of foreign judgment is the problematic area - for recognition