PHILIPPINES

Ireland and the Philippines are signatories to the 1993 Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

Article 2 of the Hague Convention states that the Convention shall apply where a child habitually resident in one Contracting State (e.g. the Philippines) has been, is being, or is to be moved to another Contracting State (e.g. Ireland) either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin. The Convention covers only adoptions which create a permanent parent-child relationship.

Currently, under the Hague Convention the following procedures apply –

The Adoption Authority of Ireland sends an Article 15 Assessment Report on the prospective adoptive parents to the National Central Authority of the Philippines – the Intercountry Adoption Board (ICAB)

ICAB sends an Article 16 Child Report to the Adoption Authority of Ireland.

If the Adoption Authority of Ireland agrees to the proposed placement, it will issue an Article 17 Placement Agreement Notice and should the prospective adoptive parents accept the referral, the Adoption Authority of Ireland will forward the agreements to ICAB.

ICAB may then place the child with the prospective adoptive parents for transfer to Ireland.

Following the completion of a number of post-placement pre-adoption reports, ICAB may decide that the child can be adopted by the prospective adoptive parents in Ireland.

The prospective adoptive parents then re-apply to the Child and Family Agency for assessment for an adoption in Ireland. This process is very similar to that undertaken by the prospective adoptive parents prior to taking custody of the child in the Philippines.

The Adoption Authority of Ireland may subsequently grant a Declaration of Eligibility and Suitability to the prospective adoptive parents.  Should they be granted a Declaration, the prospective adoptive parents can apply to the Adoption Authority of Ireland for a adoption order.

WARNING

Prospective adoptive parents should satisfy themselves that any persons acting on their behalf are duly authorised by the appropriate National Central Authority to carry out the functions for which they are engaged.

Prospective adoptive parents proposing to adopt abroad are advised to seek independent legal advice prior to effecting an adoption abroad.

Prospective adoptive parents should not take custody of a child or accept a placement prior to the Adoption Authority of Ireland issuing an Article 17 Placement Approval Notice.

When a child enters the State for the first time after his or her adoption, the adopters must notify the Health Service Executive and the Adoption Authority of Ireland of the child’s entry as soon as practicable and, in any event, not later than three (3) months after the date of entry. Failure to so notify is a criminal offence.

Not later than three (3) months after the date when a child first enters the State after his or her intercountry adoption in another state, the adopters must apply to the Adoption Authority of Ireland to have the particulars of the adoption entered into the Register of Intercountry Adoptions (RICA). Failure to do so is a criminal offence. Applications for an entry in the RICA must be accompanied by an Article 23 certificate issued by a National Central Authority or by an Accredited Body duly authorised to do so by a National Central Authority.

Any adoptions effected outside these parameters will not be recognised by the Adoption Authority of Ireland.