Who Can Adopt from Philippines

Panaramic View Banaue Rice Terraces.
Source: Wikipedia.org.

Adoption between the United States and the Philippines is governed by the Hague Adoption Convention. Therefore to adopt from the Philippines, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.

In addition to these U.S. requirements for prospective adoptive parents, the Philippines also has the following requirements for adoptive parents:

Residency

U.S. citizens interested in completing a full and final adoption of a Filipino child while they are living in the Philippines must be residents of the Philippines for at least three years prior to the filing of the adoption petition, and maintain such residence until the adoption is finalized. U.S. citizens living in the Philippines do not need to possess a certificate of legal capacity to adopt. However, prospective adoptive parents must obtain a letter from the U.S. Embassy's American Citizens Services section stating that they do not issue certificates of legal capacity. Prospective adoptive parents who meet these residency requirements should file a petition for adoption with the Philippine Court to begin the adoption process and submit the letter from the American Citizen Services in lieu of certificates of legal capacity.

The Philippine Government may waive these requirements if the prospective adoptive parent (or parents) is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity as defined by Philippine law, or the prospective adoptive parent is a person who seeks to adopt the legitimate child of his/her Filipino spouse.

Please see the below information provided in " Visa categories under the Hague Convention Adoption" which explains the difference between completing a full and final adoption in the Philippines and obtaining custody for the purpose of adoption in the United States.

Age of Adopting Parents

Based on the Inter-Country Adoption Law of the Philippines (Republic Act No. 8043), the adoptive parent must be at least 27 years of age and at least 16 years older than the child to be adopted at the time of application, unless the adopter/adoptive parent is the biological parent of the child to be adopted or the spouse of such parent. The maximum age gap between the adoptive parent and the child to be adopted must not exceed 45 years.

Marriage

If prospective adoptive parents are married, they must file jointly for adoption.

Income

There are no minimum income requirements set by the Philippines. Prospective Adoptive Parents must however prove financial stability.

Other

Prospective adoptive parents must not have ever been convicted of a crime involving moral turpitude. Parents must be in a position to provide proper care and support and to give necessary moral values to all his/her children, including the child to be adopted. Prospective adoptive parents must agree to uphold the basic rights of the child as embodied under the Philippine laws and the U.N. Convention on the Rights of the Child.

NOTE: Since May 1, 2009, the Inter-Country Adoption Board (ICAB) in the Philippines has set a moratorium on accepting new applicants wanting to adopt children within the age range of 0-2 years old with or without medical/developmental concerns. For more information, please visit the website website.

Visa categories under the Hague Convention Adoption

1. The IH3 visa classification is appropriate for a Convention adoptee who was the subject of a full, final, and legal adoption abroad by the petitioner (and spouse, if married) and who will reside in the United States with the Prospective Adoptive Parents. For IH3 visa cases in the Philippines, there should be a certificate of finality of the adoption decree issued by the court. Upon residing in the United States with the citizen parent, after having been lawfully admitted into the United States for permanent residence, and assuming the IH3 visa classification was appropriate and the Convention adoptee is under the age of 18, the child will automatically acquire U.S. citizenship as of the date of admission to the United States.

2. The IH4 visa classification is appropriate for a Convention adoptee who will be adopted by the petitioner (and spouse, if applicable) after being admitted to the United States (requires both petitioner intent to adopt and satisfaction of any applicable pre-adoption requirements of the home state). The petitioning U,S. citizen parent must have legal custody of the Convention adoptee and authorization for the emigration and final adoption of the child. For IH 4 visa cases in the Philippines, the ICAB issues a Placement Authority. It is a document that grants custody of the adoptee to the prospective adoptive parent or parents. Convention adoptees entering on an IH4 visa become Legal Permanent Residents upon admission to the United States, but do not automatically acquire U.S. citizenship. A Convention adoptee who enters the United States on an IH4 visa acquires U.S. citizenship as of the date of a full and final adoption decree in the United States as long as the child is under age 18 at the time of adoption and is residing in the United States in the physical and legal custody of the U.S. citizen parent or parents.

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