Adoption IN the Philippines

[Kris & Liezl 3]

To Whomever can help Me,

I became friends with a woman in the Philippines a little over 9 years ago now. We are both 28 at the time of this post. Around 5 or 6 years ago, her mother died - leaving her, two younger siblings and their father. Their father travels a lot (extinsively) - looking for work and very rarely finding it - and is gone for weeks to months at a time. Her brother was in his late teens when the mom passed, and is now grown. He, however has had many emotional and substance abuse problems stemming from the loss of his mother. Their young sister was only 5 (now 11), and my friend has essentially raised the girl since their mom passed - they are, quite literally, attached at the hip now. Five years later, her dad is remarried, but the only gainfully employed person in the household is my friend. By this, I mean to show you three things:

- We are both 17 years older than the sister (and I turn 29 in January)

- My friend has unofficially been her sister's primary guardian for at least the last 5 years - we believe this trumps my adoptability as I don't meet the residency requirement, plus my friend is an immediate blood relative (same parents)

- My friend is the one who bears the financial responsibility of supporting the family - dad and new wife cannot find employment, brother has no desire to work.

> Thus "the sole or surviving parent is incapable of providing the child with proper care" both financially, and pertaining to "female matters" because my friend is the only other daughter.

After finally visiting my friend in the Philippines for the first time earlier this year, we realized we love each other and have been discussing marriage since my return to the U.S.. However, our discussions always end up back at "what would I do with my sister?" or "I am afraid to leave my sister - she still needs my guidance". And after seeing them together, I will admit that they are probably a packaged deal. So my concern is I love this woman, but I can not be with her unless her sister can come with her. And this is no problem with me. The real problem is, how can we accomplish it?

Well, I have been combing the Internet, and have seen various sources that state only a woman's own and her adopted children may accompany her to America if she marries an American man. After seeing that enough, it occurred to me, "why don't you just adopt your sister?". After all, she has raised her for more than half of her 11 years, provides for her financially, emotionally, etc. She already is, essentially her sister's primary guardian - however not officially.

What we need to know is:

- How can my friend, who is currently residing in the Philippines (Cebu area), adopt her sister, who also lives there, as a legal guardian? So that IF do we marry, she won't have to leave her sister if their father still unable to care for her. Are sibling adoptions possible and are they recognized in the Philippines? I think I read somewhere that it is preferred to adopt children to relatives first? Do we have a good case for this adoption?

- IF she can successfully adopt her sister, then she is officially the "adopted child of an Americans fiancee", correct? Meaning, we just list her name on one of the Fiancee visa forms (K2), and she can legally accompany her sister (now legal guardian)(K1) to the United States - Is this correct?

- Could anyone provide us with some resources (which I will then relay to my friend via phone call, text message or regular postal mail) on how she can go about adopting her sister legally and in the shortest time, what it takes, how long, the costs? Maybe some numbers she can call for assitance? I have tried finding information on this to give her, but I am not having much luck. One lawyer I emailed there quoted me the equivalent of $4500 USD, and never answered whether he could do it LEGALLY. I figured that was because it was ME asking... So I'm trying to have my friend ask lawyers about this, WITHOUT MENTIONING ME.

I know a lot is being asked here. I appreciate your time. Thanks!

[Kris & Liezl 3]

I also emailed my question to US Embassy - Manila. Got the following (I think) automated response, which still fails to answer my specific question. Essentially, in the Philippines, can a woman LEGALLY adopt the sister she is raising?

______________________________________________________

Reference: Adoption Concerns

Date: October 30, 2009

Dear Mr. [My Name]:

This is in reply to your inquiry of October 28, 2009.

In order for a non-orphan child to immigrate to the U.S., he or she must be legally adopted before the age of 16. In addition, the petitioning adoptive parent and child must have lived together for at least two years, prior to or after the adoption. The time in which the two years are accrued need not be continuous. The adoptive parent(s) are also required to exercise primary parental control during the period in which they seek to establish compliance with the 2-year residence requirement. Evidence of such control may include proof that the adoptive parents have provided or are providing financial support and day-to-day care, and have assumed the responsibility for important decisions in the child's life. The co-residency and parental control requirements may not be waived under any circumstances.

You may wish to visit the websites for information regarding rules and policies on the domestic adoption of Filipino children: http://www.childprotection.org.ph/databases/docs/ra8552.doc and http://adoption.state.gov/country/philippines.html.

You may also wish to visit the following web sites for additional information on adoption for U.S. immigration purposes.

1. http://www.uscis.gov

2. http://manila.usembassy.gov/wwwh3205.html

U.S. citizens have a number of options to bring their Filipino spouses or fiancé(e)s and their children to the United States to become lawful permanent residents. These options fall under the IR and K visa categories, each having its own set of requirements and procedures.

Legally adopted children of the alien spouse or fiancé(e) are also eligible to be petitioned. However, immigrant visa petitions can only be approved, and visas can only be issued for the child, when the adoption is in full compliance with the statutory requirements of both the Philippines and the United States.

Children (unmarried and below 21 years of age) of a fiancé(e) (K1) applicant may derive immigration benefits from the same fiancé(e) (Form I-129) visa petition and are issued K2 visas.

Minor children (unmarried and below 21 years old) of the Filipino spouse are eligible to apply for immediate relative (IR) visas and should have individual visa petitions (Form I-130) filed on their behalf by the U.S. citizen spouse. Please note that under U.S. immigration law and regulation, the status of a stepchild must have been established prior to the child’s 18th birthday, hence the marriage creating the stepchild-stepparent relationship must have taken place before the child turns 18.

You may wish to visit the following websites:

(1)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=91f9597a46f7b110VgnVCM1000004718190aRCRD&vgnextchannel=aab807b03d92b010VgnVCM10000045f3d6a1RCRD

(2) http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

(3) http://travel.state.gov/visa/immigrants/ty...types_2994.html

(4) http://manila.usembassy.gov/wwwh3204.html

which provide comprehensive information on how a U.S. citizen may bring a Filipino spouse or fiancé(e) to the United States.

Future fiancé(e) and immigrant visa inquiries should be directed to this web link: http://manila.usembassy.gov/wwwh3230.html.

We hope this information is helpful to you.

-------------------------

No, it has NOT been helpful. I have BEEN TO many of those sites, and they all say the same thing - assuming the adoptive "parent" is IN the USA. But I specifically asked them about a domestic adoption in the Philippines. My fiancee/friend meets all of those criteria, but she is the adoptee's SISTER... Is there a seperate process one must go through to adopt, if they happen to be immediately related to the adoptee? One parent is still living, but we can prove that his present lifestyle does not make him capable of adequately caring for his young daughter, not to mention he is willing to transfer custody. What is the process for an adoption like this? Can you just go fill out some forms in a government office or does this require lawyer involvement?

[Zen Den 18]

To Whomever can help Me,

I became friends with a woman in the Philippines a little over 9 years ago now. We are both 28 at the time of this post. Around 5 or 6 years ago, her mother died - leaving her, two younger siblings and their father. Their father travels a lot (extinsively) - looking for work and very rarely finding it - and is gone for weeks to months at a time. Her brother was in his late teens when the mom passed, and is now grown. He, however has had many emotional and substance abuse problems stemming from the loss of his mother. Their young sister was only 5 (now 11), and my friend has essentially raised the girl since their mom passed - they are, quite literally, attached at the hip now. Five years later, her dad is remarried, but the only gainfully employed person in the household is my friend. By this, I mean to show you three things:

- We are both 17 years older than the sister (and I turn 29 in January)

- My friend has unofficially been her sister's primary guardian for at least the last 5 years - we believe this trumps my adoptability as I don't meet the residency requirement, plus my friend is an immediate blood relative (same parents)

- My friend is the one who bears the financial responsibility of supporting the family - dad and new wife cannot find employment, brother has no desire to work.

> Thus "the sole or surviving parent is incapable of providing the child with proper care" both financially, and pertaining to "female matters" because my friend is the only other daughter.

After finally visiting my friend in the Philippines for the first time earlier this year, we realized we love each other and have been discussing marriage since my return to the U.S.. However, our discussions always end up back at "what would I do with my sister?" or "I am afraid to leave my sister - she still needs my guidance". And after seeing them together, I will admit that they are probably a packaged deal. So my concern is I love this woman, but I can not be with her unless her sister can come with her. And this is no problem with me. The real problem is, how can we accomplish it?

Well, I have been combing the Internet, and have seen various sources that state only a woman's own and her adopted children may accompany her to America if she marries an American man. After seeing that enough, it occurred to me, "why don't you just adopt your sister?". After all, she has raised her for more than half of her 11 years, provides for her financially, emotionally, etc. She already is, essentially her sister's primary guardian - however not officially.

What we need to know is:

- How can my friend, who is currently residing in the Philippines (Cebu area), adopt her sister, who also lives there, as a legal guardian? So that IF do we marry, she won't have to leave her sister if their father still unable to care for her. Are sibling adoptions possible and are they recognized in the Philippines? I think I read somewhere that it is preferred to adopt children to relatives first? Do we have a good case for this adoption?

- IF she can successfully adopt her sister, then she is officially the "adopted child of an Americans fiancee", correct? Meaning, we just list her name on one of the Fiancee visa forms (K2), and she can legally accompany her sister (now legal guardian)(K1) to the United States - Is this correct?

- Could anyone provide us with some resources (which I will then relay to my friend via phone call, text message or regular postal mail) on how she can go about adopting her sister legally and in the shortest time, what it takes, how long, the costs? Maybe some numbers she can call for assitance? I have tried finding information on this to give her, but I am not having much luck. One lawyer I emailed there quoted me the equivalent of $4500 USD, and never answered whether he could do it LEGALLY. I figured that was because it was ME asking... So I'm trying to have my friend ask lawyers about this, WITHOUT MENTIONING ME.

I know a lot is being asked here. I appreciate your time. Thanks!

i think i already responded to this post. but anyway,

1) your friend has to file for legal adoption in cebu at the regional trial court in cebu. she'll then have to fulfill (present) the requirements for the adoption, most of which she'll have to deal with through the dept of social welfare (DSWD)

2) yes, sibling/relative adoption is recognized in the philippines

here is a good info resource to start with:

http://www.familymatters.org.ph/Relevant%2...ption%20Act.htm

[Rocky_nBullwinkle 6]

Read this one:

http://www.chanrobles.com/republicactno8552.htm