Signed into law by President Fidel V. Ramos, Republic Act No. 8043 was enacted to establish the rule governing the inter-country adoption of Filipino children.

The law specifically provides for the creation of an Inter-Country Adoption Board which shall act as the central authority and policy- making body in matters relating to inter-country adoption. The Board will carry out the provisions of the newly enacted law, in consultation and coordination with the Department of Social Welfare and Development (DSWD), the different child-care and placement agencies, as well as non-governmental organizations engaged in child-care and placement activities. This body will be chaired by the Social Welfare and Development Secretary, and composed of six (6) other members appointed by the President of the Philippines.

As a matter of policy, inter-country adoption will only be considered after all possibilities for adoption of the child in his home country shall have been exhausted. In allowing aliens to adopt Filipino children to provide every neglected and abandoned child with a family and the opportunities for growth and development, the newly enacted law has adopted stringent measures to ensure full protection of Filipino children. The maximum number that may be allowed for adoption shall not exceed six hundred (600) a year for the first five (5) years, from the effectivity of the law in 1995.

Among the measures guaranteed by this law are:

A mechanism that will be set by the DFA to monitor and check on the status of Filipino children sent abroad for trial custody, and the repatriation to the Philippines of a Filipino child whose adoption has not been approved.

Under the provisions of this law, persons who knowingly participate in the conduct of illegal adoption shall be punished with imprisonment ranging from 6 years and one day to 12 years and/or a fine of not less than P50,000 pesos, but not more than P200,000.

The Adopted

- Only a legally free child (person below 15 years old, unless sooner emancipated by law, and who has      been voluntarily or involuntarily committed to the DSWD) may be subject of inter-country adoption.

The Adoptor

- Any alien or Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child, provided that he/she:

• At least 27 years old, and at least sixteen years older than the child to be adopted at the time of the application unless the adoptor is the parent by nature of the child to be adopted or the spouse of such parent;
• If married, the spouse must jointly file for the adoption;
• Capable of acting and assuming all rights and responsibilities of parental authority under his national laws, and has undergone appropriate counselling from an accredited counsellor in his/her country;
• Has not been convicted of a crime involving moral turpitude;
• Eligible to adopt under his/her national law;
• In a position to provide the proper care and support, and give the necessary moral values and example to his children, including the child to be adopted;
• Agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act;
• Comes from a country with which the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency, and that adoption is allowed under his/her country; and
• Possesses all the qualifications and none of the disqualifications provided in the Act and in other applicable Philippine Laws.

• The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation;
• Any person who has been convicted of a crime involving moral terpitude;
• An alien, except:
• A former citizen who seeks to adopt a relative by consanguinity;
• One who seeks to adopt a legitimate child of his or her Filipino spouse; or
• One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter.
• Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the Inter-Country Adoption Act.