An Agreement on Inter-Country Adoption between the Government of the Republic of the Philippines and the Government of the Republic of Ireland

August 29, 2001

AN AGREEMENT ON INTER-COUNTRY ADOPTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE REPUBLIC OF IRELAND

This Agreement between the Inter-Country Adoption Boards (ICAB) of Government of the Republic of the Philippines and the Adoption Authority (AN BORD UCHTALA) of the Government of the Republic of Ireland is hereby mutually entered into by the aforesaid Governments in order to facilitate the adoption of children from the Republic of the Philippines by prospective parents (PAPs) from the Republic of Ireland whose applications have been approved for that purpose. EHSITc

ARTICLE I

Principles

1. The principles set forth in the two landmark international instruments namely, the United Nations Convention on the Rights of the Child (20 November 1989) and the Hague Convention (29 May 1993) on the Protection of Children and Cooperation in Respect of Inter-Country Adoption, shall be the basic principles on which any and all adoptions are to be arranged and implemented;

2. The welfare and interest of the child shall be the paramount consideration in any adoption program or endeavor;

3. Inter-country adoption shall be considered only as a last resort.

ARTICLE II

Responsibilities of AN BORD UCHTALA

AN BORD UCHTALA shall be responsible for the following:

1. To ensure the preparation of Home Study Reports on the PAPs and assessment and approval of PAPs in accordance with current acceptable adoption practice and subject to the law of the Republic of Ireland;

2. To transmit Home Study Reports and all other required documents to ICAB;

3. To ensure the preparation of post placement progress reports on the child and forward the same to ICAB, every two (2) months, for a period of six months, commencing from the date of arrival of the child to the Republic of Ireland;

4. To take all the necessary measures to ensure that the health, safety and welfare of the child is safeguarded, and that the child is registered with the Philippine Embassy in London, the United Kingdom;

5. To take all the reasonable steps after the child is placed in the care of the PAPs to obtain an Order of Adoption in favor of the PAPs. This final step shall be undertaken only if AN BORD UCHTALA is satisfied that the welfare and best interest of the child will be served by such adoption;

6. To notify ICAB of the finalization of the adoption of the child, by submitting thereto a certified true copy of the adoption Decree;

7. To inform the Philippine Embassy in London, the United Kingdom of any change in the citizenship and residence of the child; DCIEac

8. In case the placement is disrupted, to immediately notify ICAB thereof within seventy-two (72) hours. It shall exert efforts to assist the family and the child, including finding a suitable alternative family for the child. When repatriation becomes the only appropriate option for the welfare of the child, AN BORD UCHTALA, in consultation with ICAB, shall take the necessary steps to arrange for the repatriation of the child;

9. To cooperate with ICAB in establishing a post-adoption program.

ARTICLE III

Responsibilities of ICAB

ICAB shall be responsible for the following:

1. To select PAPs from only those persons whose applications for that purpose have been approved in writing from AN BORD UCHTALA;

2. to transmit to AN BORD UCHTALA the Child Study Report together with all the supporting documents of a child matched with the PAPs to assist in making an informed decision whether to accept the child proposed for placement;

3. To ensure that all financial arrangements made in the Philippines by PAPs in relation to inter-country adoption are declared and itemized and in accordance with the Implementing Rules and Regulations of the Inter-Country Adoption Law;

4. Upon acceptance of the child proposed to PAPs, to coordinate with the appropriate Philippine and Irish authorities in obtaining all travel documents and all other requirements necessary for the child to enter Ireland;

5. To transmit the Affidavit of Consent to Adoption (ACA), the necessary form for which is hereto attached, to AN BORD UCHTALA when a satisfactory pre-adoptive relationship has been formed between the PAPs and the child based on submitted Post Placement Reports.

6. To coordinate with AN BORD UCHTALA in establishing a post-adoption program.

ARTICLE IV

Procedures for Inter-Country Adoption

The following policies and procedures shall be observed in the processing of applications by PAPs:

1. Any person or persons, whose habitual place of residence is in the Republic of Ireland, desirous of adopting a child from the Republic of the Philippines, shall make the necessary application with AN BORD UCHTALA. Only PAPs approved by AN BORD UCHTALA shall be considered by ICAB;

2. The adoption authorities in both countries shall jointly approve the applications of PAPs; and the matching of adoptive parents with a child;

3. ICAB shall send AN BORD UCHTALA the notice of approval or disapproval of the applications of PAPs. Where ICAB does not approve the application, it shall forward to AN BORD UCHTALA a report stating the reasons for that decision;

4. ICAB shall endorse to AN BORD UCHTALA applications received from Irish citizens through other sources in order that an application may be prepared in accordance with this Agreement; SIacTE

5. All communications pertaining to this Agreement shall be coursed through ICAB and AN BORD UCHTALA;

6. AN BORD UCHTALA shall notify ICAB as soon as possible of the decision of the PAPs' in accepting the placement of the child. In case the proposed match is unacceptable, AN BORD UCHTALA shall forward a report to ICAB stating the reasons for the PAPs decision;

7. AN BORD UCHTALA shall finalize the necessary placement plans with the PAPs;

8. It shall be the responsibility of the PAPs to assume the pre-adoptive placement costs, fees, charges and assessments, as prescribed by Philippine law.

ARTICLE V

Supervision of Child's Post Placement Adjustment

1. AN BORD UCHTALA shall notify ICAB of the arrival of the child in the Republic of Ireland;

2. AN BORD UCHTALA shall ensure the supervision of the placement of the child in the care of the PAPs and shall cause reports to be forwarded to ICAB as required.

ARTICLE VI

Settlement of Disputes

Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled by consultations or negotiations, through diplomatic channels.

ARTICLE VII

Entry Into Force and Termination

1. This Agreement shall enter into force on the date of latter written notification by either Party, through diplomatic channels, indicating compliance with their domestic requirement for its entry into force.

2. Any amendment or revision to the text of this Agreement and its Annexes shall be done by mutual consent of the Parties, through diplomatic channels. This amendment or revision shall enter into force in accordance with paragraph 1 of this Article.

3. This Agreement shall remain in force and effect, unless one of the Parties officially notifies the other, through diplomatic channels, of its desire to suspend or terminate this Agreement. In such a case, the Agreement shall remain valid until six (6) months after the date of notice for suspension or termination.

DONE in Angeles City, this 29th day of August 2001, in duplicate, in the English language. ASIETa

 

FOR THE REPUBLIC OFTHE PHILIPPINES:	FOR THE REPUBLIC OF IRELAND:
(Signed)	(Signed)
HON. LUWALHATI F. PABLOUndersecretary for External AffairsDepartment of Social Welfare	HON. DAVID WOLFERegistrarAn Bord Uchtala