Legal Issues

[naqz_mrn 0]

Hello and Happy New Year to Everyone,

I have a few questions to ask but I dont know if I am on the right forum. My husband and I are willing to adopt a kid back in the Philippines. She was a newly born baby and her mother didnt register her yet with NSO. The baby borned out of wedlock and her mother is willing to put her on adoption because she cannot take care of another kid. The father is not willing to support her. She got another two kids from previous marriage.

My questions is these:

1. Can I legally adopt the baby?

2. Can I register the baby in our name (me and my husband)

3. What are some legal issues on these matters.

Any comments, suggestions and advise is greatly appreciated.

Thanks

[Inky 1,111]

You have a lot of research to do.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2fca18a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=2fca18a1f8b73210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8d5e901bf9873210VgnVCM100000082ca60aRCRD&vgnextchannel=8d5e901bf9873210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d0d049c62ed6e210VgnVCM100000082ca60aRCRD&vgnextchannel=d0d049c62ed6e210VgnVCM100000082ca60aRCRD

[ndu26 114]

i think you can legally adopt the baby and the baby can be registered in your husband's name . You both just have to find out what the laws are that govern the process both in the philippine and in U.S. I have a philippina coworker who just adopted twin babies born by a cousin of hers. Apparently this cousin does not want the babies and from pregnancy period she already agreed that my coworker and her husband(who is in the philipines now) will adopt the babies. At birth, the babies were registered in my coworker's husband's name. She is currently waiting for retrogression to be lifted on the I-140 visa category so that her case can proceed forward and after that her husband will join her and hopefully with the babies.

Good luck.

[naqz_mrn 0]

Thanks for the replies. If I followed what your coworker did, can any one of us be present in the Philippines to sign for the child birth certificate?

[VanessaTony 3,567]

I don't believe you will be able to. She needs to be an orphan and she isn't. Read the links previously posted. You will need to engage a lawyer to help you with the process.

[Penguin_ie 5,997]

Keep in mind that legally adopting in the PHilipines is NOT the same as legally adopting for immigration purposes. The child may be stuck in PH even if you can legally adopt her there, as her parents are alive and you do not have physical custody of her for 2 years.

[sjr09 155]

Keep in mind that legally adopting in the PHilipines is NOT the same as legally adopting for immigration purposes. The child may be stuck in PH even if you can legally adopt her there, as her parents are alive and you do not have physical custody of her for 2 years.

Relinquishment Requirements: A child is “committed” by way of the “Deed of Voluntary Commitment,” a document used by DSWD asking for signature from the biological parents prior to matching the child with a prospective adoptive parent. The document is essentially the consent of the parent(s), releasing the child to DSWD for subsequent adoption. In the event that the child is abandoned or neglected and no parent is available to sign the “Deed of Voluntary Commitment,” the DSWD instead obtains a commitment order from the court. This endorsement certifies that intercountry adoption is in the best interests of the child.

[sjr09 155]

OP

You have a lot of research leaps and hoops ahead of you. Not to say it can’t be done, however the odds are not in your favor!

The Philippines has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in the Philippines unless he or she meets the requirements.

In addition to these requirements, a child must meet the definition of an orphan under U.S. law for you to bring him or her home back to the United States.

[Penguin_ie 5,997]

You are quoting Department of Social Welfare and Development regulations; that is different from USCIS policy.

[Harsh_77 718]

Important thing to keep in mind is make sure you read and follow USCIS guideline in terms of adopting children.

Other Agency can put anything when it comes to bring them to US last say is of USCIS.

[sjr09 155]

Keep in mind that legally adopting in the PHilipines is NOT the same as legally adopting for immigration purposes. The child may be stuck in PH even if you can legally adopt her there, as her parents are alive and you do not have physical custody of her for 2 years.

'U.S. citizens' interested in adopting a Filipino child while they are living in the Philippines must be residents of the Philippines for at least three years prior to the filing of the adoption petition and maintain such residence until the adoption is finalized

You are quoting Department of Social Welfare and Development regulations; that is different from USCIS policy.

I'm not talking about USCIS policy. Only commenting "as her parents are alive"