DNA results render terrible blow...what now???

[TEE&ESS 0]

Well, fiance completed DNA results on the children and the results came back showing the children are not biologically his...this is a terrible blow to him as he has been taking care of the children for now 8 years and the children know him as father...

Wow, what a blow indeed. I really hope you find concrete information on how to proceed. In the meantime, I am one of those who pray and I will be holding you (AND THE KIDS)up to the heavens for intervention. Wishing you God's direction and wisdom!!

[fn2 0]

Yes...plan on tackling the adoption through Nigeria...absolutely. tried to search for Marc Ellis contact info but haven't found him yet...

know that the children will be denied as it stands currently....Really hard to talk to them and hear their tiny voices...innocent and unaware of the happenings.

For those who pray...hold us up to the heavens for God's guidance and intervention

Thank you

I think this is the contact info for Marc Ellis

http://www.marcellislaw.com/contact.html

Good Luck!

[JimVaPhuong 4,863]

I don't know the law in nigeria, but I know the law in the US. In the US if your name is on the birth certificate you have assumed responsibility for the children. Therefore, if a man signs a birth certificate only to later find out through DNA testing that the child is not his, he is still legally obligated to take care of the child because you've signed yourself into paternity. I've seen it happen in divorce procedings where the man tried to get out of paying child support because the children weren't biologically his, but the judge said "guess what buddy, you signed the birth certificate you're SOL... pay 1/2 your paycheck until they're 18"

This is the way it is int he US. He is on the birth certificate and the children have no other legal guardian. These sites are nice because everyone has some experience with some portion of the visa process. In special cases like youres, however, not everyone has the legal background that can help you. If you can afford it at all I would see what a lawyer can do for you.

By signing the children's birth certificate he did what is officially known as an "acknowlegement of paternity" which DNA has nothing to do with. Once that acknowlegement is legally set it takes someone else entirly adopting the child for the acknowleged father to lose / give up his rights. Well with the new abandonment laws maybe you can give up your rights more easily, however, they can not be stripped of you that easily.

My suggestion would be to speak with a lawyer, or if you have any legal savvy of your own go to www.uscis.gov. All the laws governing how they process visas are directly on that site. If your husband can print the section of the law that would support his claim of legal custody over the children, then he needs to do so. If not (it will take more time and money, but you are 100% legally able to do this) you need to legally adopt the children in a seperate proceding. It will take at least a year or two, but once you have legally adopted his children they are yours and no one can take them from you.

I would strongly suggest your husband research Nigeria's abandonment laws (in regards to the mother) as well as paternity law. In most US states his name being on the birth certificate would be enough to keep them by his side (ESPECIALLY since the mother isn't in the picture). I would hire a good nigerian lawyer and a good US Immigration lawyer.

Another option: Petition your congressman/ senetor with your situation and ask them to assist you in getting amnisty for his children. Try to find other orginizations that will help you petition them with you as well. If you can get a small community supporting what you want done, I beleive your congressman will help in anyway he can (he needs the votes afterall)

God Bless - Hope that helped

No. Family law deals with child custody and support issues. Immigration law deals with immigration. Under the laws of most states, the father may have an obligation to support the children if he has acknowledged paternity, even if it's later proven he's not the biological father. Under immigration law, a blood relationship between the father and child must be established. Otherwise, the child must be adopted in a manner that is recognized by immigration law.

The paternity laws in the US states are irrelevant - they do not trump the immigration law. Likewise the paternity laws in Nigeria. The children must be eligible under US immigration law. They currently are not eligible. The father does not have the required blood relationship with the children, so they are not currently eligible for a visa - dead stop.

Congressmen and Senators cannot grant "amnesty" for the children. What they can do is introduce a bill that would provide an exception to the law for these children. If the bill is passed and signed by the President, then the exception is granted. Most Congressmen and Senators wouldn't touch this with a barge pole, but there are a few who do this routinely. Senator Diane Feinstein has introduced many of these bills, but almost all of them concerned immigrants who were already in the US, and were persons of established good moral character, and who were facing deportation; in other words, emergency cases.

Pursuing a legal adoption that would meet the requirements of US immigration law seems the best solution for this case.

[firstlove2 0]

Oh My, God gave me sleep last night...and some for my husband as well! What a blessing to come online and see the wonderful outpouring of thoughts and concerns from all of you. God above knows how much it means to me and my husband.

Please lift us to the heavens in prayer that God will provide guidance and direction...that the children be protected...that God's plan and will prevail....through it all we aill give him the praise and glory

I need time to read and incorporate the information...please don't stop with you thoughts and advice

Thank you

[nikihutchiga 1]

This happens all the especially with fathers when they have taken care of a child they thought was theirs. You husband has the option to adopt the children and then file a new pettition for them. I recommend that you speak with an immigration lawyer on the matter

[Harsh_77 718]

Are you really unaware of all the thousands of children adopted from orphanages around the world and brought to the US by USC parents? Many many of these kids were simply abandoned because their parents were too poor to care for them, etc. My own cousin was adopted from another country with her biomom very much alive and giving permission for the adoption. To state that the bioparents must be deceased for an adoption to be recognized by the US govt for immigration is simply incorrect. Nigeriaorbust quoted the law which confirms this.

Simran - Was your cousin adopted by someone in US and bought over to US?

For US immigration purpose, both the parents have to be dead is true - the reason is in past for the children to immigrate easily under pretext of abandonment, 1 brother would adopt another brother's kid(s) saying his brother and sis-in-law in home country has abandonded the children.

To stop such kinda illegal immigration for US immigration both the biological parents have to be dead.

[SimranS 9]

Simran - Was your cousin adopted by someone in US and bought over to US?

For US immigration purpose, both the parents have to be dead is true - the reason is in past for the children to immigrate easily under pretext of abandonment, 1 brother would adopt another brother's kid(s) saying his brother and sis-in-law in home country has abandonded the children.

To stop such kinda illegal immigration for US immigration both the biological parents have to be dead.

Yes my cousin was adopted from a foreign country by my USC aunt and uncle, and brought to the US. Not only that but I know of many such other cases personally. Another little boy from the same country was even handed over to the USC adoptive parents by the biomom herself. Many children adopted from orphanages around the world by USCs were abandoned without any way of even knowing whether the parents were alive or dead. Did you read the info posted by NigeriaorBust? The law clearly states that an abandoned child can also be considered an orphan for immigration.

also check out this link:

http://newdelhi.usembassy.gov/adoptions.html

You can see that requirement no. 5 for a child to be eligible for adoption is : "The child's natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death, disappearance, abandonment, or desertion by the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child and to the child's emigration and adoption."

[GodwithHK 0]

I don't know what to say, But i will hold you up in prayers that all work out well.

[firstlove2 0]

I wish to thank everyone who has posted here on this thread....

Currently we are seeking the assistance of Marc Ellis, Esq. here and seeking an attorney in Nigeria as well...

Continue to think of us and when you do...send us right into God's capable hands...

With respect,

firstlove2

[patient2010 93]

I wish to thank everyone who has posted here on this thread....

Currently we are seeking the assistance of Marc Ellis, Esq. here and seeking an attorney in Nigeria as well...

Continue to think of us and when you do...send us right into God's capable hands...

With respect,

firstlove2

[RICARDO4EVA2 194]

The children are not going to get visas, sorry.

[xocanin 0]

I have nothing to add that hasn't already been said, but my thoughts and prayers are with you. I wish you the best of luck and hope that you will somehow be able to bring these children to America.

[firstlove2 0]

Upon advice of attorney, Marc Ellis,Esq. we submitted a letter requesting the visa application for the children be withdrawn...We informed the embassy of the basic details regarding our beliefs that the children were biologically related...we indicated that it our intention to pursue adoption proceedings as soon as possible...

I was able to reach the DNA lab here in the US who agreed to hang onto the DNA results until we were able to get our letter of withdrawal to the embassy...God's blessed angel at the lab for sure.

We remain heartbroken and my new husband has been shaken to his core...With God's divine intervention, I am trying the best I can to support him...

Please pray for us and if any one has any Nigerian adoption info...please forward

With great thanks,

firstlove2

[Ebunoluwa 6,136]

Thanks for the update. Prayers for you both and the children. HUGS.

[NigeriaorBust 4,087]

Nigerian adoption info This should get you headed down the right path