AGREEMENT ON INTERNATIONAL ADOPTION OF CHILDREN BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE REPUBLIC OF FINLAND

The Government of the Republic of the Philippines and the Government of the Republic of Finland;

Desiring to promote international adoption of children;

Have agreed as follows:

ARTICLE 1

This Agreement applies only to Filipino children brought to Finland for the purpose of adoption.

ARTICLE 2

Finnish adoption shall be considered only when the child cannot be adopted in the Philippines.

ARTICLE 3

The following conditions will be observed in connection with adoption from the Philippines:

a) An applicant must be of legal age consistent with the legislation of both countries and in full possession of his or her civil rights and in a position to support and care for his or her dependents in keeping with the means both material and otherwise of the family;

b) The prospective adoptive parents shall present certificates that each is qualified to adopt in his own country and each one is good conduct with no criminal record such as crime involving moral turpitude; and

c) There must be a competent background study of both child and prospective adoptive parents conducted by qualified personnel and certified by the relevant authorities mentioned in Article (7).

ARTICLE 4

Continuing jurisdiction by the Department of Social Welfare and Development of the Republic of the Philippines over the child shall be recognized and shall terminate only after the finality of the decree of adoption in Finland. However, should the adoption fail and the child is not yet a citizen of Finland, legal jurisdiction shall still vest with the Government of the Republic of the Philippines, through the Department of Social Welfare and Development.

ARTICLE 5

In legal issues arising from disruption of placement and/or failed adoption, the Department of Social Welfare and Development shall deal directly with the Ministry of Social Affairs and Health which shall intervene and make the necessary representations with the Finnish Courts and other governments authorities thereat.

ARTICLE 6

The Ministry of Social Affairs and Health of Finland shall inform the Department of Social Welfare and Development of the Philippines of any project of research in Finland involving Filipino children, the result of which shall be transmitted to the Department permitting it to be used for the modification of policies and procedures and for the enrichment of existing child welfare programs and services.

ARTICLE 7

The authorities responsible for the implementation of this Agreement are the Ministry of Social Affairs and Health of Finland and the Department of Social Welfare and Development of the Philippines. Procedures for implementation and supervision of pre-adoptive placement are outlined in the Annex.

ARTICLE 8

This Agreement shall enter into force thirty days after the Contracting Parties have notified each other that the constitutional requirements for the entry into force of this Agreement have been complied with.

ARTICLE 9

A Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate this Agreement. Such termination becomes effective after three months and shall not have any retroactive effect.

Done in Manila, Philippines, 06 May 1992 in two originals in the English language.

Entry into Force: July 1, 1992