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Hello My wife and I wish to adopt our nephew from the Philippines. I have been doing some research concerning this through our local governing agency, and on the internet, particularly the US Embasy in Manila web site, and the Inter-Country Adoption Board. According to our local governing agency/adoption court, we can bring my wife's siste, brother in-law, and their 14 month old son here on a visitor visa. The birth parents would then give their consent, and give us legal gaudianship of him. We could then adopt the child as a domestic relitive adoption through our local court system. I am a US citizen, my wife is Filipino, and is a perminant resident, and we live in Michigan. I believe that we qualify for the third wavior stated on the US embasy's site, which I have pasted below: ***********************************PHILIPPINE GOVERNMENT LAWS REGARDING ADOPTION In addition to the regular requirements for adoption, U.S. citizens interested in adopting a Filipino child while they are living in the Philippines must meet the following conditions: [list][*]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 a Philippine court;[/list][list][*]Possess a certification of legal capacity to adopt issued by appropriate government agency from your state of residence.[/list]To fulfill the requirement for a certification of legal capacity to adopt, the Philippine government will generally accept an approved I-130 Petition for Alien Relative, I-600A Application for Advance Processing of an Orphan, or I-600 Petition to Classify an Orphan as an Immediate Relative. The Philippine government may waive these requirements in the following cases: [list][*]A former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity, as defined under Philippine law; or[/list][list][*]A person who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or[/list][list][*]A person who is married to a Filipino and who seeks to adopt jointly with his/her spouse a relative within the fourth degree of consanguinity, as defined under Philippine law. [/list]U.S. citizens who are not resident in the Philippines and who are not eligible for a waiver of the above requirements may adopt orphan children only through the inter-country adoption process. Questions relating to inter-country adoption should be directed to: The Philippine Inter-Country Adoption Board (ICAB) ***************************************here is the URL to this site if anyone is interested: [url="http://usembassy.state.gov/manila/wwwhadop.html"]http://usembassy.state.gov/manila/wwwhadop.html[/url] Our questions are as follows: Has anyone done a relitive adoptioin from the Philippines using this method, that can offer any advise? How would one apply for this waivor? Will there be any repercussions by the Philippine government concerning my in-laws, when they return without the child? Will we run into any snags, do to the fact that this child would most likely be considered a non-orphan? I did send an email to the ICAB asking these questions, however have not heard back from them, and am not optimistic that I will anytime soon. Thanks to anyone that can offer any advice in this matter. Jim & Teresa
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My wife and I are planning to adopt 2 of our grandchildren. My wife is still a Filipino citizen and had raised the children until she came to the US to marry me in 2004 so the 2 year care/living/support period for my wife and I are not an issue. We also have detailed of our support of the children since my wife immigrated to the US. We have been assured by the Filipino lawyers that it will proceed smooothly. We will do the I-130 once we have completed the adoption process thru the Philippine courts system. My wife will become a US citzen in a few months so the INS process should be better with both of us being US citzens. I'll post later on the process. Wish us luck!
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We have received the Certifcate of Finality for the adoption Dec 2010 of our 2 grandchildren and after about 4 months received the certified revised birth certificates. We are ready to submit the I-130 (1 for each child) to the INS. With the photos, receipts, videos taken since they were born to now, plus about 6 Notarized affidavits from neighbors attesting to thier living with my wife and our support of the children, we should have a very strong case for a relatively quick approval for an IR-3 visa. When filing taxes with Turbo Tax, I was informed that since the adoption was completed in 2010, I would recieved up to $12,000 credit for each child (I only got $11,000 for both due to our income). Stay tuned!
1. Before doing anything, get a court order naming you as the legal guardian. This starts the 2 year waiting period requuired for caring for the child with the INS. Your lawyer can do this.
2. It took about 1 year to do the process with a lawyer fee of $2000 (P120,000 at that time).
3. We also spent about $4000 flying to the Philippines for the court hearing on the adoption. It then took 6 months for the finality and revised borth certificates to be issued.
4. It is bout $400 per child for the INS petition once you have the Finality, Revised birth certificates, etc.
5. While in the Philippines, get a Special Power of Attorney so the designated care taker of the child can work with the DSWD and passport office and US embassy and sign for both the mother and father.
6. The good news is up to a $12,000 per child adoption tax credit once the adoption is final. KEEP ALL RECEIPTS!! Send copies of the Finality, the birth certificate, the INS receipt and copies of all receipts for the adoption expenses. The IRS WILL request those! Just a copy of EVERYTHING to the adoption credit form when you file (you have to file by mail). I used Turbo tax and it did a great job.
Good luck!
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The 2 year period is the time you have LEGAL CUSTODY of the child for immigration purposes. The INS instructions are "2 years from the time that a court or other legal government department entity makes you the legal guardian but the 2 year period usually begins with the decree of finality. In other words, if the adoption takes 1.5 years, if you have a document from a Philippine court or DSWD assigning you as the legal guardian before starting the adoption process, your child will have a 1/2 year wait to immigrate to the USA. Without it, you may have to wait 2 years AFTER the adoption is complete before the INS will let the child be petitioned. You can start the adoption process before that but without proof of legal guardianship, you will have a 2 year wait before the child can get a visa from the INS. Legal guardianship before starting the adoption process will also make your adoption process easier in the Philippine court since the DSWD has to do a case study of you and your wife, the home, relationship to the child, etc. Getting the DSWD on board early is good.
We are in the US, the child would be with sister in law until we could complete the process.
Do we have to be present for the mother to sign over parental rights? If we are support the child financially for the period she is under the care of sister in law is that considered part of the 2 year legal custody?
thanks for all the info!
You need not be present to be assigned legal guardianship. A lawyer can draw up a paper and coordinate it with the DSWD and court to make sure it clearly states you are the the legal guardian and your responsibilities. If you need a Special Power of Attorney for your child's care taker (IT CANNOT BE THE NATURAL MOTHER), who will care for the child in your absence, you can make up and have it signed at your local Philippine consulate. They will not recognize a US Notary, they insist it is signed by a Philippine Consulate. This will give your child's caretaker the legal right to represent you and sign for you in matters concerning the child. It must say "Legal Guardian" to make it meet the requirements for the INS. You will need to be present at the adoption hearing and personally meet with the DSWD investigator before the hearing. The INS will reject your petition if the natural parents are caring for the child! The US Embassy will investigate to verify the natural mother or father is not the care taker for the child during this time..
11 Steps to Legal Adoption
Who may adopt?
Any person who has passed a thorough home study process to determine his/her suitability for adoptive parenthoodmarried couples, single, unmarried persons; Filipino citizens and foreign nationals who have lived in the Philippines for at least three years immediately prior to application.
1. Submit a written application with a child placement agency licensed by the Department of Social Welfare and Development (DSWD). Preferences in age and gender can be indicated.
2. The agency assigns a social worker to conduct a home study consisting ofח
a. series of interviews
b. home visits
c. orientation forum with referrals to support groups of the Adoptive Families Foundation (c/o Kaisahang Buhay Foundation, tel. 9121159; 4211223, Email: affphil@yahoo.com)
3. The child eligible for adoption must be declared legally abandoned by the court if, after publication in the newspaper and after three to six months, no one has claimed the child or if he/she had been surrendered by the mother for adoption with written consent.
4. Matching stage. Factors considered: prospective parents who can meet the needs of the child; age and gender preferences; physical features
5. The DSWD grants Pre-Adoptive Placement Authority to bring the child home for a six-month trial period, which consists of:
a. regular home visits by social worker
b. participation in support group activities
6. Get a lawyer to file a petition to adopt in court
7. Publish a notice of your petition in a local newspaper, once a week for three consecutive weeks
8. Court hearing: parent petitioners and social worker
9. Court issues adoption decree
10. Go to local civil registrar and apply for an amended birth certificate -- new surname for the child and one that identifies you as parents
11. Post-legal adoption counseling
Where to apply?
Child Placement Center - CPC
DSWD NCR
399 San Rafael St. cor Legarda St.
San Miguel, Manila
Tel. 7348651,734-4249,7348646
E-mail: regionaldir_ncr@yahoo.com
Website:[url]www.dswd.gov.ph/adoption[/url]
Kaisahang Buhay Foundation (KBF)
56 10th Ave. Cubao, QC
Tel 9121159, 4211223
Other Child Caring Agencies:
Hospicio de San Jose
Ayala Bridge, Quiapo, Manila
Tel: 734-2367,734-2368
Telfax: 734-2366
Website:hospicio.htm [url=http://www.rcam.org/ministry/socialservices/]index - MINISTRY FOR SOCIAL SERVICES[/url] hospicio.htm
CRIBS Foundation Inc.
Major Dizon St., Industrial Valley Complex
Marikina City 1802
Tel: (632) 681-5921
(632) 681-8078
Fax: (632) 647-1329
E-mail: cribsnet@info.com.ph
Website: [url=http://www.cribsfoundation.org]CRIBS FOUNDATION INC. - Create Responsive Infants By Sharing[/url]
Heart of Mary Villa
394-M.H. del Pilar St., Malabon, MM
Telfax: 277-1473, 446-7341
Website: [url=http://www.rcam.org/ministry/socialservices/heartofmaryvilla.htm]Heart of Mary Villa[/url]
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Hi Jerrystroud, We are trying to adopt a family relative from the Philippines. May I know you attorney and his info? He sounds like he knows what he is doing and experience. I would like to hire him or get an inquiry. Thank you, hope to hear from you. Tina
1. Before doing anything, get a court order naming you as the legal guardian. This starts the 2 year waiting period requuired for caring for the child with the INS. Your lawyer can do this.2. It took about 1 year to do the process with a lawyer fee of $2000 (P120,000 at that time).3. We also spent about $4000 flying to the Philippines for the court hearing on the adoption. It then took 6 months for the finality and revised borth certificates to be issued.4. It is bout $400 per child for the INS petition once you have the Finality, Revised birth certificates, etc.5. While in the Philippines, get a Special Power of Attorney so the designated care taker of the child can work with the DSWD and passport office and US embassy and sign for both the mother and father. 6. The good news is up to a $12,000 per child adoption tax credit once the adoption is final. KEEP ALL RECEIPTS!! Send copies of the Finality, the birth certificate, the INS receipt and copies of all receipts for the adoption expenses. The IRS WILL request those! Just a copy of EVERYTHING to the adoption credit form when you file (you have to file by mail). I used Turbo tax and it did a great job.Good luck!