Stepparent Adoption in KY

[HappyDancer 7]

Hello everyone! I have not been active lately and hopefully, you all have not turned your back on me... yet.

DH is planning to file for a stepparent adoption for my daughter (10 y/o, turning 11 in April 2012). Daughter and I currently have conditional permanent residency due to expire in July of 2012 (From a K1/K2 entry). We live in the Commonwealth of KY and been married for a good two years and 2 months at least.

1. Do we need to hire an attorney for this process? We are trying to get this done with the least amount of money involved.

2. On my daughter's BC, I am the only one shown as the parent - therefore the biological father (parental consent) is not a question. Or will this complicate things?

3. Is it required that she get an SSN before we start the adoption process?

I need some guidance. The circuit court in our county is the least bit being helpful it's frustrating getting any form of information from them.

What are your thoughts?

Thank you!

[Inky 1,111]

My cousin adopted his wifes son, they had to go to court they had to get permission from the father of the boy even though the father was not on the birth cert and not in the kids life what so ever ( left before the kid was born ). It took quite a few months and appointments with the court to finish the adoption. They used adoption lawyers not just any regular lawyer.

You should get some free consults from lawyers in your state.

[Eve & Jim 4]

You should get her a SSN, even without the adoption so that she can be claimed as a dependant for tax purposes. I'm not sure if it's required for the adoption, but it will be for other reasons, and you can just have her name changed after the adoption is finished.

I don't think you really have to get an attorney, but don't expect to much help from the courthouse. The courts kind of like to deal with lawyers and the two kind of feed on each other. Here in Ohio, the adoption process is handled through probate court, but I'm not sure how it's handled in Kentucky. If you decided you want an attorney to help, let me know, a good friend of mind was the head of the Kentucky State Bar Association a few years ago, and if nobody in her firm can help, she will certainly know of a good attorney for the job.

I am going to probably be doing the same thing at some point, so I'm also very interested in what you find.

I know that there are several online services that will do most of the paperwork for you to file with the court. You will probably want to include with your filing a copy of the Philippines law with regards to parental custody, because a judge isn't going to want to do that kind of research. I have also read that some of it has to be processed by USCIS, but there shouldn't be any issues there. I think that the role of the USCIS in this is with processing the new birth certificates because the Philippinies birth certificate will need to be changed and the State Department will need to issue her a U.S. birth certificate. I think it is part of the DS-240 process, but I also think they changed that to some other form number.

You might talk to someone from child services to see if they can offer any information. At some point they will have to do a home visit just so they can file their statement with the court saying that the adoption is in the best interest of the child, but in stepparent adoptions it shouldn't be an issue at all.

The good thing in your case is that since she is under 16 she will become a U.S. Citizen when the adoption is complete.

[HappyDancer 7]

lnky, below are excerpts of the Civil Code of the Philippines expounding on the registration of illegitimate children, that's why the father portion on her BC shows UNKNOWN:

What is the rule on the registration of births of illegitimate children who were born prior to August 3, 1988?

Illegitimate children as defined under the Civil Code of the Philippines who were born prior to August 3, 1988 and whose births were not previously registered shall be registered under the following rules in addition to those provided for delayed registration of nirths:

Recognition or acknowledgement of an illegitimate child may be made jointly by the father and mother or by only one of them (Art. 276, C. C.) When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified (Art. 280, C. C.)

An illegitimate child has the right to bear the surname of the parent recognizing him (par. 1, Art. 282, C. C.) However, an illegitimate child who is not recognized or acknowledged by both parents in accordance with law shal be registered under the surname of the mother (Opinion No. 147 S. 1986, Minister of Justice)

Recognition shall be made in the record of birth, a will, statement before a record, or any authentic writing (Art. 278, C. C.). If made on record of birth at the time of registration the affidavit of acknowledgement printed at the back of the certificate of live birth shall be signed and sworn to jointly by the parents of the illegitimate child, or only by the mother if the father refuses (Sec. 5, Act No. 3753).

May an illegitimate child born on or after August 3, 1988 carry the surname of the father if the father executes an affidavit of admission of paternity?

Illegitimate children born on or after August 3, 1988 shall use the surname of the mother. (Section 1 OCRG Circular No. 4 dates October 11, 1988)

The father of an illegitimate child who whishes to have his name indicated in item 13 of the Certificate of Live Birth shall execute an affidavit of Admission of Paternity in lieu of the affidavit of acknowledgement. The purpose of affidavit of admission of paternity is for the support and succession only, and it does not entitle the illegitimate child to use the surname of his father. (Section 2 OCRG Circular No. 4 dates October 11, 1988)

Source:

http://nso.citizenservices.com.ph/faqs-answer-page

Anyway, we are looking into proceeding soon with the adoption without the lawyer. And, if needed along the way, we will hire one. Currently, in the state of KY, an adoption lawyer hired for stepparent adoption would cost roughly about $1500-4000.

Anyone else out there who would like to chip in a cent or two is welcome.

Thank you!

[HappyDancer 7]

You should get her a SSN, even without the adoption so that she can be claimed as a dependant for tax purposes. I'm not sure if it's required for the adoption, but it will be for other reasons, and you can just have her name changed after the adoption is finished.

I don't think you really have to get an attorney, but don't expect to much help from the courthouse. The courts kind of like to deal with lawyers and the two kind of feed on each other. Here in Ohio, the adoption process is handled through probate court, but I'm not sure how it's handled in Kentucky. If you decided you want an attorney to help, let me know, a good friend of mind was the head of the Kentucky State Bar Association a few years ago, and if nobody in her firm can help, she will certainly know of a good attorney for the job.

I am going to probably be doing the same thing at some point, so I'm also very interested in what you find.

I know that there are several online services that will do most of the paperwork for you to file with the court. You will probably want to include with your filing a copy of the Philippines law with regards to parental custody, because a judge isn't going to want to do that kind of research. I have also read that some of it has to be processed by USCIS, but there shouldn't be any issues there. I think that the role of the USCIS in this is with processing the new birth certificates because the Philippinies birth certificate will need to be changed and the State Department will need to issue her a U.S. birth certificate. I think it is part of the DS-240 process, but I also think they changed that to some other form number.

You might talk to someone from child services to see if they can offer any information. At some point they will have to do a home visit just so they can file their statement with the court saying that the adoption is in the best interest of the child, but in stepparent adoptions it shouldn't be an issue at all.

The good thing in your case is that since she is under 16 she will become a U.S. Citizen when the adoption is complete.

We didn't need the SSN for my daughter for tax purposes. We got a TIN for her when it came around time for reporting with the IRS.

You are right about the online services though. Looks like it would cost us around $400 to make it through with our filing. Hopefully it will work out perfectly.