6/30/2021 E-Library - Information At Your Fingertips: Printer Friendly last paragraph of Article 184 do not apply to him. Special laws on adoption have been passed by Congress subsequent to the promulgation of the Family Code. In 1995, RA 8043[40] was enacted to establish the rules governing inter-country adoptions of Filipino children. The Inter-Country Adoption Board (ICAB) was created to serve as the central authority in matters relating to intercountry adoptions.[41] Meanwhile, in 1998, RA 8552[42] was passed to set out the rules and policies on domestic adoption. As already mentioned, the rules on inter-country adoption are not applicable in the case of Hayashi pursuant to Article 184(3)(b) of the Family Code. Specifically, the provisions of RA 8043 do not apply to him. Besides, as provided in Section 8 thereof, "only a legally free child may be the subject of inter-country adoption." By definition, a "legally-free child" means a child who has been voluntarily or involuntarily committed to the Department of Social Welfare and Development, in accordance with the Child and Youth Welfare Code.[43] Petitioner is not a "legally-free child" within the contemplation of the law; hence, he may not be the subject of inter-country adoption. On the other hand, the rules on domestic adoption under RA 8552 have the following pertinent provisions with respect to eligibility: ARTICLE III Eligibility SECTION 7. Who May Adopt. — The following may adopt: (a) Any Filipino citizen of legal age, in possession of full civil, capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent; (b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided, Further, That the https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66689 5/13