Section 9. Who May Adopt. —

An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she:

1. is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent:

2. if married, his/her spouse must jointly file for the adoption;

3. has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his/her country;

4. has not been convicted of a crime involving moral turpitude;

5. is eligible to adopt under his/her national law;

6. is in a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child to be adopted;

7. agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act;

8. comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national laws; and

9. possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws.