1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly In addition, Section 32 of A.M. No. 02-6-02-SC provides that: SECTION 32. Duty of Court . - The court, after finding that the petition is sufficient in form and substance and a proper case for inter-country adoption, shall immediately transmit the petition to the Inter-Country Adoption Board for appropriate action. (Rule on Adoption, A. M. No. 02-6-0 2-SC, August 22, 2002) We note that petitioners, who are both American citizens, have been residing and have been gainfully employed in the Philippines since the year 2007 (in the case of petitioner Park) and since 2009 (in the case of petitioner Lee), and are thus living in the Philippines for at least three continuous years prior to the filing of the petition for adoption, as required by the Domestic Adoption Act. In view of the foregoing, this Court finds that petitioners' Petition for Adoption was appropriately filed under the Domestic Adoption Act in order for the appropriate Family Court or RTC to take cognizance thereof. Furthermore, We also take cognizance of the agreement[32] entered into between the Supreme Court and the ICAB regarding the treatment of foreigners who reside in the Philippines and who file a petition for adoption through the courts. Thus, said agreement which is incorporated in the DSWD' s Memorandum dated June 1, 2018, Re: Domestic Adoption by Foreigners Habitually Residing in the Philippines, reads: This is to share with you the agreements between the Supreme Court and the Inter-country Adoption Board (ICAB), relative to cases of foreign adoptive families who are habitually or permanently residing in the Philippines. The Supreme Court en banc in OCA Circular 213-2017 states that foreigners who have filed an application for adoption with the assistance and approval of the DSWD MUST attach the following to their petition to the courts: 1. A Certification Declaring (CDCLAA); a Child as Legally Available for Adoption 2. Home Study Report to be prepared by an ICAB accredited Foreign Adoption Agency, if not possible/available, a Certification regarding the same should be executed by the Central Authority or Embassy of the receiving country. 3. A Certification regarding the alien's legal capacity to adopt and that his/her government allows the adoptee to enter his/her country as his/her adopted child. If not possible, a Certification should be executed by the Central Authority or Embassy of the receiving country. This implies that these foreigners should still secure a certification from their Foreign Adoption Agencies and/or https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65992 9/13