Adoption

[TiklingGuy 211]

I have a buddy who is trying to adopt a baby from Manila. The child has not been born yet, but will be in January. The mother of this child has consented to this adoption and wants it to happen just as much as my friend does. How can my friend adopt this child without going through an adoption agency and paying out truck loads of cash? Since the mother of the child is consenting to this adoption, can they avoid all of that red tape and fee's?

Say that he and his wife who is a philippino citizen adopted this child and the Philippine Government recogonizes it, would the American government recogonize it as well? will he be able to file for a I-130 and bring the child here?

Thanks for responses!

John

Edited October 14, 2012 by Paramedic(918)

[pieroot 43]

In the U.S., they would be able to do a private adoption with the assistance of an attorney. I would start by researching the adoption laws in the Phillippines and International adoption laws as well.

[reese1 68]

Here is some information you can look at.

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDcQFjAB&url=http%3A%2F%2Fchild.alberta.ca%2Fhome%2Fdocuments%2Fadoption%2FPHILIPPINES.pdf&ei=Qhl6UInDE4rg8ATJsYGwBw&usg=AFQjCNHY9Sj77XBW8HQOiw-qBeTekPI-zg

http://forums.adoption.com/general-asian-adoption/388398-private-adoption-philippines.html

[sjr09 155]

Adoption between the United States and the Philippines is governed by the Hague Adoption Convention. Therefore to adopt from the Philippines, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

THE PHILIPPINES' ELIGIBILITY REQUIREMENTS:

• Relinquishment Requirements: A child is "committed" by way of the "Deed of Voluntary Commitment," a document used by The Department of Social Welfare and Development (DSWD) asking for signature from the biological parents prior to matching the child with a prospective adoptive parent. The document must have the consent of the birth 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, (upon the petition filed by the head of a licensed and accredited child caring agency or child placing agency or institution managed by the national government, local government unit, non-government organization, or by a provincial, city or municipal Social Welfare Development Officer who has actual custody for the child), shall issue a certification declaring the child legally available for adoption.
  http://adoption.state.gov/country_information/country_specific_info.php?country-select=philippines
  

Edited October 14, 2012 by sjr09

[aaron2020 11,651]

I have a buddy who is trying to adopt a baby from Manila. The child has not been born yet, but will be in January. The mother of this child has consented to this adoption and wants it to happen just as much as my friend does. How can my friend adopt this child without going through an adoption agency and paying out truck loads of cash? Since the mother of the child is consenting to this adoption, can they avoid all of that red tape and fee's? Yes, your friend could do a domestic adoption but it means no immigration visa until your friend lives with his/her adopted child for 2 years in the Philippines. To secure an immigration visa for the adopted child without the 2 years of living with the adopted child in the Philippines, the adoption must go through the Hague Convention.

Say that he and his wife who is a philippino citizen adopted this child and the Philippine Government recogonizes it, would the American government recogonize it as well? will he be able to file for a I-130 and bring the child here? The US would recognize the adopted parents/adopted child relationship, but there will be no immigration benefit until the adopted parent lives with the adopted child for 2 years. A Hague Convention adoption would be required to avoid the 2 years of living together in the Philippines.

Thanks for responses!

John

Read the link provided by sjr09. That's the procedure for an adoption that will lead to an immigration visa for the adopted child. Go outside of this procedure and the result will be a legal adoption without the benefit of an immigration visa.

Then read this; http://manila.usembassy.gov/wwwhadop.html Here is the part which deals with a domestic adoption (not a Hague Convention adoption) which your friend is contemplating;

Domestic Adoptions (Not for Immigration Purposes)

U.S. citizens residing in the Philippines who are interested in adopting a Filipino child through the Philippine Courts must meet the following conditions pursuant to Philippine adoption law:

Be resident in the Philippines for at least three years prior to the filing of the adoption petition and maintain such residence until the adoption decree is entered by the Philippine court.

Possess a certification of legal capacity to adopt issued by the appropriate government agency from your state of residence.

The Philippines government may waive these requirements in the following cases:

A former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity, as defined under Philippines law; or

A person who seeks to adopt the legitimate son/daughter of his/her Filipino spouse

IMPORTANT NOTICE TO PARENTS ABOUT DOMESTIC ADOPTIONS

U.S immigration law has clear and specific provisions regarding qualifications for immigration. If you are attempting to bring someone who is not your child by birth, the following conditions must be met before that child can be eligible for an immigrant visa:

The child must have been legally adopted before the age of 16 (or be the sibling of a child who was adopted by the same parents while under the age of 18). The adoption must be legal and final. Simply providing financially for the child does not satisfy the legal adoption requirement. To satisfy U.S. visa requirements, the child must have been legally adopted pursuant to a final decree issued by a court having jurisdiction over the matter.

In addition to the adoption decree, there are two additional requirements:

The adoptive parents must have had legal custody of the child for at least two years. “Legal custody” must be awarded by order of a court or recognized government entity. The start of legal custody begins the date the adoptive parents were granted legal custody of the child, or the date the adoption was finalized, which ever comes first. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.

The child must have physically resided with the adoptive parents for at least two years prior to immigration. During this time, the adoptive parents must exercise primary parental control. Evidence must be presented to establish that the child and the adoptive parents had a bona fide parent-child relationship during any periods they resided separately.

Finally, the child must satisfy all primary documentary requirements for an immigrant visa, and provide the following documents to establish their legal status as a child of the petitioner:

A certified copy of the adoption decree,

A certified copy of the Certificate of Finality of the adoption,

A certified copy of the child’s original birth certificate before the adoption,

A certified copy of the child’s birth certificate amended after the adoption,

The legal custody decree (if custody was awarded before the adoption),

Evidence that the child resided with the adoptive parents for at least two years, during which time they exercised primary parental control, and

If the child was adopted at age 16 or 17 years, evidence that the child was adopted together with, or subsequent to, the adoption of a natural sibling who was under age 16 by the same adoptive parent(s).

Edited October 14, 2012 by aaron2020

[sjr09 155]

Anyway you go it’s a costly, time consuming, bureaucrat fire hoop jumping tall order.

[TiklingGuy 211]

Thank you guys for your responses! I will pass all of this helpful info to my friend!