Tara Barnett

Born on January 1, 1970

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Tara Barnett December 22, 2016 5:22 am

Tara, what you and your friend are trying to do is illegal.

First off, your friend has committed visa fraud, a federal crime. Under the U.S. Immigration and Nationality Act, it is illegal for a woman ...

Tara, what you and your friend are trying to do is illegal.

First off, your friend has committed visa fraud, a federal crime. Under the U.S. Immigration and Nationality Act, it is illegal for a woman to bring a baby to the U.S. on a tourist or other temporary visa for the purpose of placing him/her for adoption. It is viewed as an attempt to circumvent legal adoption processes. If the U.S. finds out about your friend's actions, she could be arrested and eventually deported, permanently barred from entering this country again. If there is evidence that you were complicit in the woman's actionsj, you, too, could be charged with visa fraud, in that you attempted to circumvent a legal process designed to protect children, their birthparents, and their adoptive families.

Second, a child must be adopted under the laws of his/her country of citizenship. Your friend's child is a citizen of the Philippines. Both the Philippines and the U.S. have ratified the Hague Convention on international adoption, which means that, to bring a child to the U.S., the prospective parent -- namely, you -- must have completed a Hague adoption. You would have had to have a homestudy by a provider in your state, obtain preliminary approval to adopt from the USCIS, go through the Hague adoption process in the Philippines, obtain a Hague visa from the U.S. for the child, and bring her home. While some countries, usually non-Hague, permit a family to bring a child to the U.S. under a decree of guardianship, for adoption in the U.S., that is NOT the case with the Philippines.

By the way, these laws apply, even if the prospective adoptive parent is related to the child, so even if your friend was actually your sister, you would still have to do a Hague adoption. Also, if your friend leaves the U.S. without her baby, you will not have a way to adopt the child or give her U.S. citizenship. If the child stays with you, she will need such items as a state-issued birth certificate, a decree of adoption, and proof of citizenship for such purposes as enrolling in schools, applying for scholarships, getting a job, getting a Social Security number, and so on. And if your child manages to stay with you until age 18, and tries to get such documentation, he/she could be detained and deported back to the Philippines, a country he/she may never have been in since infancy.

Your friend should bring her baby back to the Philippines immediately. Then, she should go through with the Philippines process for legally relinquishing her baby for adoption, and you should begin the Hague adoption process if you wish to adopt the child. Be aware that, in most cases, Hague compliant countries usually attempt to find a domestic home for a child before allowing him/her to be adopted internationally. Also be aware that the USCIS has rules regarding who may immigrate to the U.S. In addition, every American adopting overseas, whether or not he/she is adopting from a Hague country, MUST use a Hague-accredited adoption agency as primary provider, even if he/she has identified a child or done various steps in the adoption process himself/herself.

If you wish to see if there are any legal ways to keep the child in the U.S., you should contact a reputable adoption/immigration attorney. You can find one by going to the website of the American Academy of Adoption Attorneys (Quad A) and going to the state-by-state listings. An initial consultation is usually free or cheap. However, I must tell you that I don't see any way that you will be able to do what you propose, without violating the laws of the U.S. and the Philippines.

Sharon

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