Seasoned counsel, superior results
Our Practice as Adoption Lawyers in the Philippines
As specialized adoption lawyers in the Philippines, our practice is divided into the two categories of local and inter-country adoption under the Philippine Domestic Adoption Act (R.A. 8552) and the incorporation of the provisions of the Hague Convention on Intercountry Adoption into the statute books of the Philippines via Republic Act No. 8043. Recently, the Philippines has allowed for administrative adoptions, without the necessity of court proceedings under Republic Act No. 11222 (Simulated Birth Rectification Law). As of 2022, all types of adoptions, domestic and international under the Hague Intercountry Adoption Treaty, are now purely administrative under Republic Act No. 11642. For a detailed discussion, PLEASE CLICK HERE.
The Family Law department is made up of experienced adoption lawyers in the Philippines from the top law schools in the country who have been trained in this specialized field. They have been at the forefront of pioneering litigation involving complicated issues on Adoption Law, such as the efforts to convince foreign jurisdictions to recognize the bona fides of local adoptions for purposes of applying for a dependent’s visa for the subject child under the Hague Convention, seeking exceptions to such requirements as residency of the adopters, relation, and prior criminal record of both the adopter (foreigner or Filipino) and the natural parents (on the issue of whether or not consent would be necessary).
Considering our firm’s affiliate presence in foreign jurisdictions and its involvement early on from its founding, our select adoption attorneys in the Philippines can ably assist in determining the applicability of either international adoption under the Hague Intercountry adoption process or domestic adoption.
What We Do as Adoption Attorneys in the Philippines
The first stop for most prospective adoptive parents is an adoption attorney or law firm. Adoption is often an emotional experience, either with a specific child in mind or simply the overwhelming instinct to take care of another human being made helpless by circumstances beyond its control.
- PRE-ADOPTION COUNSELLING. While we may not have the necessary training in psychological counselling as adoption lawyers in the Philippines, we recommend initial pre-adoption counselling not only for the prospective adoptive parents but also for the known natural or biological parents who are about to give up their child. The law itself discourages “hurried decisions” and upholds the State policy to keep a child with his/her biological family.
- THE FIRST CONSULTATION. During the first consultation with an adoption lawyer in the Philippines, the first question posed usually refers to the type of adoption applicable, whether domestic or intercountry, and if the former, whether it is with the consent of the biological parents or involves an abandoned child. Once this is determined, our experienced adoption lawyers will provide the prospective parents with a list of necessary documentation for the adoption process.
- THE INTAKE QUESTIONNAIRE. Once the client has decided to proceed with an adoption, they will be asked to complete an intake questionnaire, detailing the information needed for filing the petition.
- THE PETITION FOR ADOPTION. The drafting of the Petition for Adoption will then be assigned to one of our adoption lawyers in the Philippines, who will maintain open communication to ensure that the statements in the petition accurately represent the motivation and capacity of the prospective adoptive parents.
- HOMESTUDY. The “Home Study Report” is a study conducted by the court social worker on the motivation and capacity of the prospective adoptive parents to provide a home that meets the child’s needs. While our adoption lawyers in the Philippines do not actively participate in the Home Study, they explain the process to the clients and prepare them for the interview.
- CHILD STUDY. The “Child Study Report” is a study conducted by the court social worker on the child’s legal status, placement history, psychological, social, spiritual, medical, and ethno-cultural background, as well as that of the biological family. Our adoption attorneys emphasize that while a Home Study Report focuses on the adoptive parents, the Child Study Report focuses on the child’s fit within the prospective family.
- SUPERVISED TRIAL CUSTODY. This refers to the period during which a social worker oversees the adjustment and emotional readiness of both adopters and adoptee in stabilizing their filial relationship. It is similar to a dry run, where the social worker observes the child in the family environment and how they interact with the family members.
- PREPARATION FOR THE PENDING JUDICIAL PROCESS. By the time the Home Study, Child Study, and Supervised Trial Custody are completed, the Petition for Adoption would already be well underway. Our adoption lawyers in the Philippines establish the jurisdiction of the court where the petition is filed and brief clients before every hearing to explain the procedure and significance of each step in the judicial process.
