Getting Prepared For The Philippines > Laws, Regulations, Taxes as Applied to Foreigners

adoption laws in the philippines?

(1/2) > >>

Beatle:

  Salve and I have been trying to have children for 16 years ( since we\'ve been married ). We plan on moving to PI in 9 months and plan on staying there for a number of years. heres the deal, ( not new to PI ) My sister-in-law has 7 children, her husband is a drunk and a gambler and is never home. We have been helping the sister out by means of a third party so the husband does not see a dime ( peso )   We have spoken to the sister and she will never be able to provide for her children if we do not help her out.  She asked us if we would like to adopt her two youngest children, and yes, we would like to. But, heres the question/problem. Would it be better to move to the Philippines, stay live there for a couple of years and then adopt them and if we do, will we still have to adopt all over again if we move back to the U.S. for a while.

        Does anyone know anything about philippine adoption law?

         Ray

coutts00:
The problem lies not in the Philippines but in the country that you want to have grant them citizenship. For instance we wanted to do similar for a niece, but Australia won\'t allow family adoptions unless it is organized by an Australian adoption agency.

Wayne

:

--- Quote from: Beatle on June 03, 2008, 09:26:29 PM ---
  Salve and I have been trying to have children for 16 years ( since we\'ve been married ). We plan on moving to PI in 9 months and plan on staying there for a number of years. heres the deal, ( not new to PI ) My sister-in-law has 7 children, her husband is a drunk and a gambler and is never home. We have been helping the sister out by means of a third party so the husband does not see a dime ( peso )   We have spoken to the sister and she will never be able to provide for her children if we do not help her out.  She asked us if we would like to adopt her two youngest children, and yes, we would like to. But, heres the question/problem. Would it be better to move to the Philippines, stay live there for a couple of years and then adopt them and if we do, will we still have to adopt all over again if we move back to the U.S. for a while.

        Does anyone know anything about philippine adoption law?

         Ray

--- End quote ---

My understanding of the adoption laws here are that they are very similar to most other countries. You have to be screened, go to court at some time with recommendations of the adoption agencies. Both parents of the children will have to give permission. I don\'t think there should be any real problem providing you are considered to be suitable parents. This will apply while you are living in the Philippines. If you later want to take them to the US you would need to organise that with the US immigration people. I don\'t think that would be a problem if they had been adopted for several years.
I think Waynes point applies more to US citizens coming to the Philippines with the sole purpose of adopting and taking them directly back to there home country. I may be wrong  :-\\

Colin
Colin

coutts00:
The issue as explained to me only pertained to Australia, in that adoption of non related children is acceptable, it becomes a problem when the children are already related by blood i.e. niece, nephew, cousin etc. As these children are not orphans, they typically do not fall into the adoption circles, and if put up for adoption, i.e. abandoned by their parents, other Filipino\'s would have first rights at the adoption before foreigners. As it was explained to me, I could perfectly legally adopt my niece, however the problems arise when I try to get that new daughter an Australian Passport and citizenship. The US State Department may view this differently.

http://www.travel.state.gov/family/adoption/intercountry/intercountry_474.html

Intercountry Adoption of Relatives

   1. Is it possible for me to adopt a family member? Prospective adoptive parents wishing to adopt relatives from overseas should be aware of U.S. Government laws and regulations that may prevent such relatives from being able to enter the United States.
   2. What are those laws/regulations? The U.S. requires that all children involved in intercountry adoption meet the definition of a “child” or an “orphan” as defined in the Immigration and Nationality Act (INA) sections 101(b)(1)(E) or (F) before they can be considered for United States permanent residence/citizenship. If an adopted child does not meet one of these legal definitions, the child cannot immigrate to the United States.
   3. How does the INA define an “orphan”? Under INA 101(b)(1)(F), a United States citizen may petition for an adopted “orphan” to enter the United States if the petition is filed before the orphan turns 16 (or 18 for older siblings). The INA defines the word orphan under two conditions:
         1. The child must either have no parents
         2. A sole or surviving parent who is unable to care for the child and has, in writing, irrevocable released the child for emigration and adoption. A sole or surviving parent\'s inability to care for the child would be based on local (not U.S.) standards. Of special note is the fact that only a sole or surviving parent may release a child for adoption to a particular person.
   4. What does it mean for a child to have “no parents”? A child would be considered to have no parents if both are determined to have died, disappeared, deserted, abandoned or have been lost or separated from the child.
   5. What does the phrase “surviving parent” mean? A child would be considered to have a surviving parent if one natural parent died and the remaining spouse has not remarried.
   6. How does the INA define “sole parent”? A child would be considered to have a sole parent if the child was born out-of-wedlock, the birth mother is not married, and the birth father did not legitimate the child and is either unknown or has abandoned, disappeared, deserted the child or released the child for emigration and adoption.
   7. What is “abandonment” and how does this affect my adoption? Abandonment requires that the natural parents give up all parental rights, obligations and claims to the child, as well as all control over and possession of the child (without transferring these rights to any specific person). By definition, abandoned children may not be relinquished or released to prospective adoptive parents or for a specific adoption.
   8. The child I would like to adopt does not fit into these categories. Is there another way I can petition for this child to immigrate into the United States? Under INA 101 (b) (1) (E), if the adoption took place before the child turned 16, and if the child has resided with the United States citizen in legal custody for at least two years, then the U.S. citizen may file an immigrant visa petition for the child. This generally applies only to U.S. citizens who live and work overseas.


How\'s dem apples... It is possible but not necessarily likely, pretty much the same stuff as was explained to me for the Australian side, I am sure it has to do with the Hague Convention, which 70 countries have ratified, the US is one of those.

Wayne

coutts00:
Ray,

One of the first obstacles in your plight is the father, drunkard and abuser as he may be, he is still a legal guardian of the children, as such he could put a hole in your best plans very quickly. So legally get him out of the picture for all of the children, have him waive his rights as parent, I.e. abandon his children, legally, sign on the dotted line, take the boobie prize, get lost and don\'t come back. Then adopt the kids in the Philippines, not that hard to do, the mother waives her rights, the father is gone, and it happens very quickly. Stay here for a number of years, over two for the US requirements. Then apply for residency for your 2 kids in the US. Then apply for citizenship. Its all on that site I found.

Wayne

Navigation

[0] Message Index

[#] Next page

Go to full version