Adoption Agreement in the Philippines: Everything You Need to Know
Adoption is a legal process in the Philippines where a person who is not the biological parent of a child becomes the child`s legal parent. This process involves various legal documents, including an adoption agreement.
What is an Adoption Agreement?
An adoption agreement is a legal document signed by the biological parents of the child and the adoptive parents. This document serves as proof of the legal transfer of parental rights from the biological parents to the adoptive parents. It contains the terms and conditions of the adoption, which both parties agreed upon.
The adoption agreement includes important information such as the name and age of the child, the names of the biological parents, and the names of the adoptive parents. It also outlines the rights and responsibilities of both parties, including the financial support and care of the child.
Requirements for an Adoption Agreement
Adoption cases in the Philippines are governed by the Republic Act No. 8552, also known as the Domestic Adoption Act of 1998. To secure an adoption agreement, the following requirements must be met:
1. The adoptive parents must be at least 27 years old and at least 16 years older than the child.
2. The adoptive parents must have the financial capacity to support the child.
3. The adoptive parents must be of good moral character and have no criminal record.
4. The biological parents must sign a written consent to the adoption, witnessed by the proper authorities.
5. The adoptive parents must attend a pre-adoption seminar and counseling session.
6. The adoption process must be handled by a DSWD-accredited agency.
The Steps in Securing an Adoption Agreement
1. The adoptive parents must file an application for adoption with a DSWD-accredited agency.
2. The DSWD will conduct a home study and determine if the adoptive parents are suitable to adopt.
3. The biological parents must give their written consent for the adoption.
4. The adoptive parents must attend a pre-adoption seminar and counseling session.
5. The DSWD will issue a Certificate of Eligibility to the adoptive parents.
6. The adoptive parents and the biological parents will sign the adoption agreement.
7. The adoptive parents must submit the adoption agreement and other required documents to the court.
8. The court will conduct a hearing and determine if the adoption is in the best interest of the child.
9. If the court approves the adoption, the adoptive parents will be issued a Decree of Adoption.
Conclusion
Adoption is a legal process that requires careful consideration and adherence to the law. An adoption agreement is an important document that serves as proof of the legal transfer of the child`s custody and parental rights. Adoptive parents in the Philippines must ensure that all requirements are met and that the adoption process is handled by an accredited agency. With the right knowledge and guidance, families can provide a safe and loving home to children in need of a family.