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Adoption in the Philippines


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fordtech

My wife's sister has 4 children that she of course can not take care of. The oldest boy is 8 and my wife and I would like to adopt him. The mother said yes of course you can adopt him. 


 


He has a birth cert and in the fathers name spot it says "Unknown". Its true she has no clue who the father is, there is a choice of 3 guys. She gave birth to him when she was just barely 16. 


 


I would think it should be easy to adopt him seeing that there is no father involved and his mom is my wife's sister. 


 


Anyone here have any good info on this matter?


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Once they are adopted, they are your children, not your inlaws. The I-130 is filed in conjunction with a supplemental sheet to start the process. The child gets an IR2 visa to be allowed to enter the

Also, be advised that the child will not become a US citizen until he\she touches US soil, and that getting a visa for an adopted child is considerably more complicated than that for a wife or step-ch

My adopted child will not be getting USA citizenship as result of the adoption. The adoption had nothing to do with citizenship. My child is now a full member of the family and able to legally use a

Jawny

I have completed an adoption, but calling it easy is a very subjective term. It's not too hard to find the basic requirements for adoption online. As well, there are many lawyers who are familiar with the process and you will need a lawyer as the process is completed in court.

 

The process is pretty straightforward, even if fhere is a foreigner involved. The court fees are higher for a foreigner, and that is out of your control. As well, there are some other costs that can be significant and again they are fixed, such as publication fees (the newspaper publication to seek out the father).

 

What is negotiable is the lawyer fees. This is essentially two major costs. His fee for representing you and then appearance fees. These can be significant if there are many appearances.

 

Aside from the costs, be aware there is an opposing counsel. The solicitor general (SOLGEN) represents the interests of the child. In practice, a local fiscal for the municipality is likely to act on behalf of the SOLGEN.

 

The process is to assure the child will be provided a good home, but in the case you have, it may be necessary to explain why the present home is not suitable for the child. The SOLGEN may want to know more as the process develops. Just my opinion about this, since this was not my situation. That's where the lawyer you hire comes in to provide you the proper guidance.

 

The process from start to finish can end up being a year or two. Mine took four years, but that takes some further explaining and had to do with the SOLGEN not accepting the court (judge's) ruling.

 

If you are a us citizen, you can use the costs as a deduction on income taxes (or maybe it's a credit, I don't recall). I did not do this, but the IRS website explains. Keep in mind, when you read any guidance from the IRS or other USA federal agencies, they will ASSUME the child will be immigrating. For example, if you want to obtain an ITIN for tax purposes, the forms they use want the block filled in when and where the child first entered the USA.

 

Good luck

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KennyF

If any or all of the suspected fathers know that they might be the biological father, watch out for a considerable handout.

In my case it was "give me one million and you can have my kid"

 

KonC

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shadow

If you are a us citizen, you can use the costs as a deduction on income taxes (or maybe it's a credit, I don't recall). I did not do this, but the IRS website explains. Keep in mind, when you read any guidance from the IRS or other USA federal agencies, they will ASSUME the child will be immigrating. For example, if you want to obtain an ITIN for tax purposes, the forms they use want the block filled in when and where the child first entered the USA.

 

Good luck

Also, be advised that the child will not become a US citizen until he\she touches US soil, and that getting a visa for an adopted child is considerably more complicated than that for a wife or step-child.

 

Edit; I should. have put "legally touches US soil."

Edited by shadow
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Also, be advised that the child will not become a US citizen until he\she touches US soil, and that getting a visa for an adopted child is considerably more complicated than that for a wife or step-child.

does this apply if the child is your step-son also?

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shadow

does this apply if the child is your step-son also?

No. A step child is eligible for a CR2/IR2 or K2 visa. Once in the US, after 3 years if you are still married, he can obtain US citizenship along with your wife.

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No. A step child is eligible for a CR2/IR2 or K2 visa. Once in the US, after 3 years if you are still married, he can obtain US citizenship along with your wife.

does it provide some bring it living in the Philippines?

 

You know my situation I plan on marrying here a couple years before we goto US. Everyone is saying I should adopt step child for reasons to do with living in the Philippines.

 

So better to not do that and just wait?

 

you will the one who I will be paying to do our visa paperwork anyways :)

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Jawny

does it provide some bring it living in the Philippines?

You know my situation I plan on marrying here a couple years before we goto US. Everyone is saying I should adopt step child for reasons to do with living in the Philippines.

So better to not do that and just wait?

you will the one who I will be paying to do our visa paperwork anyways :)

I won't offer any counsel on immigration issues, but I can tell you a step child who is adopted gains a clear benefit as a Filipino. The name of the child is changed to the family name, not the mothers maiden name. In fact, as part of the process, the court orders the birth records to show the adoptive father's name. Where there was no name entered, now the adoptive fathers name is entered.

 

When our adopted child was in school, for most of the time, the school had no issue with the child's name, my family name. This was before the adoption. We simply registered the child with the name of my family. Later, as we approached high school graduation, it became more important to us to get the adoption completed so there would be no question about family name.

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shadow

does it provide some bring it living in the Philippines?

 

You know my situation I plan on marrying here a couple years before we goto US. Everyone is saying I should adopt step child for reasons to do with living in the Philippines.

 

So better to not do that and just wait?

 

you will the one who I will be paying to do our visa paperwork anyways :)

In order to get a visa for an adopted child, you must prove that you have lived with and been in control of the child for two years (among other things). As far as the visa is concerned, it much easier to get a visa for a step child than it is for an adopted child. This is because when an adopted child enters the US, he'she is eligible for citizenship immediately, a step child is not.

 

As for living in the Philippines, other than the child being able to legally use your name, I don't understand why it would be to your advantage to adopt the child here, unless it will get you a fatter paycheck. Those on SS, VA, and many other pensions may get more every month once the child has US citizenship. That seems to be the biggest reason many adopt here.

 

I don't understand your first question.

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SumDumJoe

 I'm currently going through the process to adopt my wife's two illegitmate sons. 

 

 Here is a list of the paperwork and clearances that we have had to get so far:

 

 First we had to attend a seminar given by the DSWD and get a certificate of attendance. I took them two weeks to give us the certificate.

 Our local DSWD only gives the seminar once a month. 

 

 NSO marriage contract. This one took us seven months to get as the DFA lost our marriage contract and the Filipino Embassy in Kuwait also lost our marriage contract.

 Barangay Clearance for you and your wife. I am still not sure why my wife needed this and all the other clearances as she is already biological mother of the kids, but, she had to have it. 

 PNP Clearance for you and your wife

 Fiscal Clearance for you and your wife

 Court Clearance for you and your wife

 NBI Clearance for you and your wife It took us about two weeks to get this (You can do most of the clearance online at https://www.nbi-clearance.com/)

 NSO Birth Certificate for the kid(s) Took about five days to get these from this site: https://www.ecensus.com.ph/default.aspx

 Medical Certificate for you, your wife and the kid(s) This one took me four months or so. As far as I know you can only get the certificate from the Municipal Clinic that services the barangay you live in. Ours only has one doctor that can the form and she is only scheduled to be there Mon-Wed-Fri from 8 to 11 AM. In reality she is there far less often than even that. And on the rare days she is actually at the clinic, there are hundreds of other people all clamoring for her to sign this or that. 

 

 We also needed an affidavit of consent from the kids as our boys are over the age of ten. 

  I think you will need an affidavit from the biological mother in your case.

 We needed three affidavits from neighbors saying we have good moral character. We got the barangay captain to sigh one for us. 

 Some documentation showing financial capability to take care of the child. Tax records, bank statements, titles to land can be used to satisfy this requirement.

 And some 3x5 photos of the applicants and the child. 

 

 We now have almost everything we need and will hopefully be sending everything to the court by the end of this week.

 

 We went to several lawyers. The first wanted 200K pesos just for his fee. We told him thanks, but no thanks.

 We finally found one that was all in for 40K for the two boys plus whatever court fees and the fee to publish our intent to adopt the kids. 

 

 Hope this helps.

 

 Good luck to you and good on you for doing this! 

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Jawny

In order to get a visa for an adopted child, you must prove that you have lived with and been in control of the child for two years (among other things). As far as the visa is concerned, it much easier to get a visa for a step child than it is for an adopted child. This is because when an adopted child enters the US, he'she is eligible for citizenship immediately, a step child is not.

 

As for living in the Philippines, other than the child being able to legally use your name, I don't understand why it would be to your advantage to adopt the child here, unless it will get you a fatter paycheck. Those on SS, VA, and many other pensions may get more every month once the child has US citizenship. That seems to be the biggest reason many adopt here.

 

I don't understand your first question.

I recall a member of LinC a couple of years back telling of his situation here to acquire the two years joint residency. If I recall correctly, he came here while his wife remained in the USA. He had to fulfill the requirment to have spent two years with the child.

 

As well, for adoption by a foreigner resident, there was (in my case) to have been a resident for two years. This may have changed, of course. In fact, from the post above about the lengthy checklist of requirements, there may have been a lot of changes since my adoption. I do recall all the "clearances" from police, courts etc, but I had no medical exam requirement. Puzzles me what might disqualifying ailment? Does cranky even have a diagnosis?

 

Isn't it fascinating that a child under 15 years of age is not held accountable for some criminal acts, but a child over ten years needs to "consent" to being adopted?

 

The impression I got from the court proceedings was that the lawyer you hire presents his "case to the court" that the adoptive parents meet all the requirements. In effect, present to the court documents and testimony that confirms the adoption meets the legal standards. Unfortunately, what this means is each bit of "evidence" needs to be presented, examined and even testified to. I recall testifying that my passport was authentic, I was really the person described in the passport and that I had complied with immigration rules regarding my residency. That was silly enough, but I'll never forget the way the opposing attorney actually "examined" my passport, trying to look professional as he passed judgement that the evidence (my passport) was genuine. He acknowledged the authenticity with a solemn nod of his head. Looks good to me.

 

Sadly, it was this sort of theatrics that meant the process would take many months as each bit of evidence is presented at subsequent hearings. I think we went to court at least a dozen times over two year period. Each time paying my attorney a fee for the appearance.

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Lordblacknail

Shadow, I don't think you are correct in your statement that the child must be legally on US soil. This is why. Once we had the Filipino adoption in hand, we applied for a N600K visa to get Katie her US citizenship. Big waste of time and money as far as I have been able to determine. What we should have done right then, instead of waiting for the N600K crap to go thru, was to adopt Katie in the US, get a US issued birth certificate, which we had to have in any case in order to add her to my social security, then apply for a US passport based on the two adoption certificates. If we had done that, Katie would have been a US citizen two years earlier. The US adoption cost $1450 and did not require a visit to the US by any of us. It cost us P40K for the adoption plus about another P10k for various fees, our attorney was incompetent and did not change Katie's name in the adoption papers due to failure to file the paperwork, but that was corrected in the US Adoption. I will be happy to answer any questions anyone has about this. The best advice I can give you is to do this in the province away from the big city. We filed in Cebu and it took three years of 15 minute court appearances. The office in Mindanao where Katie was born said if we had done it there it would have taken nine months. Katie is the biological daughter of my wife’s brother and wife, so she is related to my wife. The adopted father’s age comes into play if the child is not related.

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shadow

Shadow, I don't think you are correct in your statement that the child must be legally on US soil. This is why. Once we had the Filipino adoption in hand, we applied for a N600K visa to get Katie her US citizenship. Big waste of time and money as far as I have been able to determine. What we should have done right then, instead of waiting for the N600K crap to go thru, was to adopt Katie in the US, get a US issued birth certificate, which we had to have in any case in order to add her to my social security, then apply for a US passport based on the two adoption certificates. If we had done that, Katie would have been a US citizen two years earlier. The US adoption cost $1450 and did not require a visit to the US by any of us. It cost us P40K for the adoption plus about another P10k for various fees, our attorney was incompetent and did not change Katie's name in the adoption papers due to failure to file the paperwork, but that was corrected in the US Adoption. I will be happy to answer any questions anyone has about this. The best advice I can give you is to do this in the province away from the big city. We filed in Cebu and it took three years of 15 minute court appearances. The office in Mindanao where Katie was born said if we had done it there it would have taken nine months. Katie is the biological daughter of my wife’s brother and wife, so she is related to my wife. The adopted father’s age comes into play if the child is not related.

If the child was already a US citizen before touching US soil, there would be no reason for a visa at all! Did you apply for a visa for her (form I-130)? The N600 is not a visa, it is a citizenship application. The N600K can only be completed after the child is on US soil. Requirement 6 of the N600K instructions states;

 

"The child is temporarily present in the United States at the time of interview on a lawful status pursuant to a lawful admission."

 

https://www.uscis.gov/sites/default/files/files/form/n-600kinstr.pdf

 

And this from the USCIS website;

 

"If your child lives with you overseas, and he or she is not yet 18 years old, then

  • You may file N-600K, Application for Citizenship and Issuance of Certificate under Section 322 of the Immigration and Nationality Act, with fee, for a Certificate of Citizenship with any USCIS office in the United States. Under this law, you (the citizen parent) and your child will be scheduled for an interview in the United States.  Your child will acquire United States citizenship after this interview if USCIS approves the application."

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/related-topics-interest

 

So how can a child obtain citizenship using the N600K if it cannot enter the US?

 

 

Adopting in the US has completely different ramifications, of which I am unfamiliar, and do not have the time or inclination now to research. It is my belief though, that the only way you can adopt a child in the US who is not in the US is through an adoption agency. I suspect you may have gotten away with this somehow by having the Philippine adoption already completed. Each US state has different adoption laws. This is not in the USCIS rules, and I'm certain they would not approve as it bypasses them. If you have links to the information on how to do this, please post it.

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Jawny

If the child was already a US citizen before touching US soil, there would be no reason for a visa at all! Did you apply for a visa for her (form I-130)? The N600 is not a visa, it is a citizenship application. The N600K can only be completed after the child is on US soil. Requirement 6 of the N600K instructions states;

 

"The child is temporarily present in the United States at the time of interview on a lawful status pursuant to a lawful admission."

 

https://www.uscis.gov/sites/default/files/files/form/n-600kinstr.pdf

 

And this from the USCIS website;

 

"If your child lives with you overseas, and he or she is not yet 18 years old, then

 

  • You may file N-600K, Application for Citizenship and Issuance of Certificate under Section 322 of the Immigration and Nationality Act, with fee, for a Certificate of Citizenship with any USCIS office in the United States. Under this law, you (the citizen parent) and your child will be scheduled for an interview in the United States. Your child will acquire United States citizenship after this interview if USCIS approves the application."
https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/related-topics-interest

 

So how can a child obtain citizenship using the N600K if it cannot enter the US?

 

 

Adopting in the US has completely different ramifications, of which I am unfamiliar, and do not have the time or inclination now to research. It is my belief though, that the only way you can adopt a child in the US who is not in the US is through an adoption agency. I suspect you may have gotten away with this somehow by having the Philippine adoption already completed. Each US state has different adoption laws. This is not in the USCIS rules, and I'm certain they would not approve as it bypasses them. If you have links to the information on how to do this, please post it.

What I understand about the adoption process for NON RESIDENT foreigners is the potential parent (one doing the adoption) must comply with rules that have been agreed upon by many nations. This ends up meaning the potential parent must comply with a different set of criteria than what would be applied to a resident here. More hoops to jump through, so to speak. I don't recall these details since they didn't apply to me as I was a resident here. I do recall that the potential parent MUST use an approved adoption agency in their home country and that there is far more involvement by the various agencies here.

 

Of course, none of this would apply to the OP as he is resident (correct?). However, other members reading this may want to know especially if they are living in their home country, married to a Filipino and wanting to adopt a child (relative or not). In effect, the process is not the same for a resident as for a non resident foreigner.

 

https://travel.state.gov/content/dam/aa/pdfs/Intercountry_Adoption_From_A_Z.pdf

Edited by Jawny
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I legally adopted both my kids back in 1995 if I had known that I couldnt' bring them to the states I wouldn't have ever went through so much money, so legally adopted in Manila and then the road block was US Immigration, they'll never get that Visa unless you perform a home study stateside and have a room for each one of them, homestudy cost for me (I couldn't' afford it was $25,000 USD).  

 

If you plan on retiring here just take them in, don't worry about anything else it'll be a waste of your time, if you don't plan on living here and can't take care of the kids at a very young age you might as well forget it because if you send money it won't go to the kids it'll end up as beer, and hooker money for the in-laws.

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