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ICAB...
Again, just to reiterate, the ICAB is THE Central Authority on inter-country adoptions for EITHER relative or non-relative international adoptions--meaning that you reside permanently somewhere else OTHER than the Philippines and you're trying to adopt a child from the Philippines, relative OR non-relative....
Any other way of trying to do an inter-country adoption (from one country to another) is incorrect and to go through the domestic courts will be wrong from what we've encountered. It's not the issue of just the "residency requirement" that would be waived, that you suggested, BUT, it's a matter that the embassy will see that this Philippine child is trying to leave the country and if they see that the ICAB has NOT approved or granted this adoption, they will not grant the visa or passport....from what we've encountered....
And trust me, we've spent the last 7 months doing EVERYTHING we possibly could to try to find out WHAT IS THE RIGHT WAY to do this.....
So again, I would just highly suggest that you take the time to look at the ICAB'S website that's listed in my earlier post, CALL THEM, email them, CALL THE EMBASSY, if possible to confirm this....
The bad thing is, the local courts there in the Philippines, they WILL approve these adoptions and it's ludicrous because the attorneys and the judges know that we're foreigners and knowing full well we'll then go to the Embassy to try to get the passports and visa's at that time, so we could leave with our newly adopted children, leave to bring them home to the United States, only then to have them denied, NOT because of the residency rule, BUT also for the mere fact that ALL inter-country adoptions HAVE to be approved by the Inter-Country Adoption Board, the ICAB....this is part of the Hague Treaty.....
So please, don't get confused or dissuaded by this BECAUSE the local attorneys will tell you it's okay BUT the Embassy then will not because the adoption is not considered legal due to the fact, again, it did not go through the ICAB....to go through the court system is to do a "domestic" adoption, meaning that you reside in the Philippines and you want to adopt a child from the Philippines and you plan to stay living in the Philippines....
I don't mean to beat a dead horse here, but just to truly express how important this is....and not wish this situation, that we're still in, we wouldn't wish this on anyone.....
Please look at the ICAB'S website thoroughly and notify them and notify the Embassy regarding your inter-country adoption.....
Also, the part where the parents are living, that's not a problem, they don't need to be deceased, they can just be not able to properly parent the child and then voluntarily surrender them to the DSWD for adoption to you and your family....
It is a long process, but it's because the Philippines want to make sure everything is correct....
I hope everyone's adoptions are granted. Blessings to all!!!
Melody
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