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RE:Philippine Adoption & US Immigration
Hi All,
I'm new to the forum, but I am going through the local or domestic process in the Philippines. My wife is Filipina and I am an American with Filipino ancestry.
I have heard and read some postings that the US Embassy has rejected some local/domestic adoptions deemed as "Illegal". I don't believe that! I think there is some confusion about what the rules are. The problem is the US Embassy won't/can't issue a visa or admit a newly adopted child unless the two-year co-residency requirement has been met by the adoptive parent(s). Yes, for this requirement to be met the adoption or guardianship must be court approved i.e. "legal". It is not illegal to adopt in the Philippines an identified child. You can be an alien, but you have to meet the residency requirements of the legal system and home study requirements of the DSWD.
ICAB will assist with Inter-Country adoptions of non-orphans where you are related to the child within the four-degree, which allows for the waver of Philippine residency requirements. ICAB is the link for home study between countries. As with our child, in the Philippines, a child is not qualified for international adoption unless he/she is related within the fourth degree or is an orphan. I don't know if there are any exceptions and if there are it needs a lawyer to emphasize the relationship to get approved.
What is difficult for me to understand is why the Embassy in Manila is so unfriendly and can't seem to make the rules easy to understand for adoptive parents. This is discouraging and isn’t in the best interest of the child.
HTH,
Johnny
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