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Hello, I hope that somebody can answer some questions for me. I am currently in the process of adopting locally in the philippines. I have the child in my custody already and have been approved as a foster mom by the DSWD. I have lived here for 2 years. I was wondering if anybody knows if i would need to fulfill the 3 year commitment? further more, will i be dealing with ICAB? I already have a lawyer and he has said once i hit the 3 years, we will file the petition. also the i-600 and 600a I was wondering what these documents do? I have them and since i want to take her back to the states,which one do i file first? and where? i dont really want to wait for the full 3years. I hope someone can help me out.
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Hi,
Your Lawyer is correct. For the Domestic Adoption, If you are not related to the child within the 4th degree then you have to meet the 3 years before you can file the petition. If you are related within the 4th degree then the residency requirement can be waived by the court. Verify with ICAB if the child is eledgible for the InterCountry program because this is currently the only way the child will be allowed to immigrate without meeting the two years custody rules.
Adoptions can not be granted specifically for the purpose of immigration so be careful your Laywer does not use this argument to expidite your case with the courts. There have been objections by the OSG after petitions were granted by the court and the petitions then revoked. I have read about two such cases.
The I-600 petition is to classify an Orphan as an immeadiate relative which is not subject to the immigration visa limit allowing the child to immigrate. With the implementation of The Intercountry Child Act of 2000 (not yet in effect) a child which is irrokable released for immigration and adoption can qualify for Intercountry Adoption. May take upto another year and a half. There may be some conflicts between US and Philipppine Law so It's best to consult DSWD/ICAB about specifics if you want to try this route.
If the child was declared abandonded then she/he is qualified for Intercountry Adoption under Philippine Law as well as the I-600 process. This is the route many Lawyers recommend and you will be dealing with ICAB.
You should address custody in your petition so that there can be no argument by the embassy processors about you having met the two years Legal and Physical Custody needed for the child to be able to immigrate.
HTH,
Johnny
Hi,
I just wanted to add, Yes! you do have to go through ICAB, and they can answer all your questions. You must follow their rules explicitely or else they will not let you adopt. Many lawyers have "made up" their own ways to adopt, and ICAB will turn you down if it isn't their way. I don't know about domestic adoptions while you're living in the Philippines, but for any other American (international adoptions), you aren't even allowed to go through an attorney at all. If you do, your adoption will be denied. Please talk to ICAB immediately, they are very nice, and will tell you exactly what to do. Good luck!
Jen
With regard to Intercountry Adoptions, ICAB is the Authority, Jen hit the nail on the head with this one.
With regard to Domestic Adoptions in the Philippines. ICAB has no authority and will refuse to get involved with your case unless directed by the RTC. I have gone to them for help on three seperate occations and ICAB refused to provide any information assistance so while they can answer all your questions the real question is will they? They may have poise with someone going through the Domestic Adoption Process but they are far from being helpful.
Johnny
BTW: I do know of at least one Lawyer that has worked with ICAB sucessfully.