[ggiblet28]

My fiance brother came to america with his 9 month old. He than about a week later hopped on a plane and went back to the philippines leaving a letter stating he wanted us to take care of his baby as he could no longer care for her. What do we do? We are willing to adopt and give the baby a better life but what are the laws? Help
thanks

[Max'smom]

Hi,
You need to contact an attorney with expertise in immigration issues - your situation is very different from the kinds of adoptions that people on this board are undertaking and are familiar with.
Sorry!
Max's Mom

[sak9645]

You will definitely need a good adoption/immigration attorney.

Your fiance's brother violated U.S. law by obtaining a visa under false pretenses, since it is illegal to bring a child to the U.S. for adoption purposes without going through the adoption visa process (which involves having the prospective adoptive parents thoroughly vetted in advance, and obtaining the foreign country's approval of the adoption). He also violated the laws of the Philippines, which rightly wants to protect its most vulnerable citizens by approving all international adoptions.

The child probably has a tourist visa, which will expire, leaving him/her as an illegal immigrant. You will need legal advice as to whether the child must return to the Philippines for adoption there, or whether an adoption can take place in the U.S. while the child is considered an illegal immigrant. And if the child must return to the Philippines, you will need legal advice from both American and Philippine attorneys, regarding how you can keep the child from being placed in an orphanage or referred to another family by the Philippine government.

If you simply have the child living with you, without ever adopting him/her, he/she will never have the paperwork necessary to obtain various identity documents, to become a citizen of the U.S., or to qualify for various scholarships and job opportunities. As a result, you are wise to pursue adoption of the child and regularization of the chlid's status. However, you will find that the process will not be easy, on either the American or the Philippine side.

Sharon