We are adopting a baby from the Philipines

Our daughter's birthfather is from Cebu and was adopted when he was young by an american couple. Best of luck on your soon to be daughter! I am attaching a few pictures of Castle, who just turned 3!

If you are American, be very, very careful. Do remember that, under U.S. law, you CANNOT get an adoption visa for a child who has been living with married biological or adoptive parents, and even with unmarried parents in a common law relationship, if the foreign country recognizes common law marriage. The U.S. Immigration and Nationality Act forbids it, even if the foreign country permits you to adopt the child. If you manage to adopt a child from the Philippines, and he/she does not qualify for an adoption visa (IR-3 or IR-4), you will have to live overseas with him/her for two years before obtaining a regular visa for the child. If you cannot do this, you will have to disrupt the child's adoption. U.S. law says that an adoption visa can be given only to an "eligible orphan", which is defined as: a) A child who has been living with a single parent who cannot support the child at a level considered normal in the foreign country. The USCIS HAS tried to deny visas to children living with single women who are cohabiting with men other than their child's father, on the grounds that the men are stepfathers, even if they have not done any sort of stepparent adoption. b) A child whose parents are both deceased, with death certificates available. c) A child who has been abandoned or deserted, whose birthparents are unknown, and who is living in an orphanage, foster home, etc.. The USCIS will investigate to be sure that no fraud is involved in claims of abandonment. d) A child whose parents have had their parental rights terminated by a legitimate government, for reasons such as abuse or neglect, and who is living in an orphanage or foster home with no contact with the biological parents. e) A child whose married parents have unequivocally signed away their parental rights, and who is currently living in an orphanage or foster home, with no contact with the birth family. The USCIS will deny a visa if it feels that the child was placed in an orphanage or foster care center for too brief a period, suggesting that the parents may have placed him/her there in order to circumvent the "orphan definition" and get him/her adopted by a particular family. Also, my understanding is that U.S. citizens who do not actually live in the Philippines are not allowed to identify an unrelated child for adoption, on their own. They must work through the Inter Country Adoption Board in the Philippines, which will not allow placement of a child unless he/she has already been made legally free for adoption. If you are not working through a licensed American agency, then please, please, meet with an AMERICAN attorney, to be sure that you will be able BOTH to: a) adopt the child under Philippine law; and, b) immigrate the child under U.S. immigration law. Sharon

Thank you for your answer. We are not concerned because we have been in contact with the Atty. who said he can help us get this child for under $20,000. He said he has done it before and he can guarantee it will only take a few months. We are filling out the paperwork now.

Do be aware that many foreign attorneys are familiar with their country's laws, but not with U.S. immigration law. It is vitally important that you know whether you will be able to immigrate the child. I would suggest contacting a reputable American adoption/immigration attorney to make sure that, if you can complete an adoption on the Philippines side, the child will be eligible to come to the U.S. I have heard from entirely too many people who have found themselves with legal responsibility for a foreign child and no way to bring him/her home. Also, be sure to ask the attorney how he will deal with ICAR. The more knowledgeable you are, the better off you will be. Sharon

Twesson, Please LISTEN to sak! Adopting a child and bringing that child to the USA are two completely different things. Sak is not talking about the adoption part, she's talking about the bringing the child home to the USA part. It is entirely possible to legally adopt a child from the Phillipines and have that child not be able to enter the USA.

Twesson, The Intra Country Adoption Board (ICAB) is the government entity in the Philippines that processes all LEGAL international adoptions. If you adopt a child from the Philippines without going through ICAB, you will most likely find yourself standing in the Manila airport not being able to board a plane to the US. Or, if you make it to the US, you won't make it through the Immigration portal. In addition, people who try to go around the rules violate the relationship that has been built by our 2 countries AND you jeoporadize legal adoptions. Those of us who went through the process legally do not want future adoptions jeoporadized by the actions of those who try to do it differently. I am sorry that some attorney is lying to you, or is misinformed. Bottom line, go through a licensed, accredited adoption agency in the US and file your dossier with ICAB via the agency. It is the ONLY way to do this legally.

I agree with CalJen. You have two major problems: 1. The law of the Philippines REQUIRES foreigners adopting children to work through ICAB unless they are living in the Philippines. Look at the U.S. State Department website for details. 2. The law of the U.S. REQUIRES Americans to comply with both the law of the Philippines and the U.S. Immigration and Nationality Act, which prohibits direct placements from married couples. While I am not saying that your attorney is lying, he is definitely misinformed. Because failure to comply with the law of the Philippines and U.S. immigration law, unintentionally or intentionally, is a common problem, the U.S. government is extremely strict in reviewing cases in which parents request a visa for an adopted child. If a child was not adopted through ICAB and does not meet the U.S. "orphan definition", he/she will NOT receive a visa under any circumstances. You could be out a sizeable sum of money and be unable to bring a child home. Your lawyer in the Philippines, or an American attorney, will NOT be able to help you. Sharon Sharon

I talked to my lawyer again and he says despite doubts posted here, he knows many people in embassy and out and has ties to judicial officials. He says the visa is no problem and he can bypass ICAB (International adoption). I have faith in him because he is a man of God. We have already paid him $11,000 so he will do everything he needs to bring our child to us.

Twesson, Because you are discussing, supporting and facilitating an illegal process, this thread is closed. We at Adoption.Com do NOT support or endorse illegal activities nor allow discussion on our forums regarding them.

Ah..after further research, this is a lovely Troll friend whom we banned. Fake story y'all....