[lquist]

Hello everyone,

My name is Paul. I am brand new to this forum. My wife and I are trying to adopt her 2nd cousin from the Philippines. We live in the U.S. We've been working on this since the child was born (01-10-2003). The natural parents gave up the child and signed away their rights to the child 2 days after she was born. The child now resides with my my wife's sister in the Philippines.

Since my wife is a Filipino citizen, we started out trying to do a domestic adoption. We found out that it could be done but we'd have to spend 2 years outside the U.S. We are now pursuing the inter-country route thru an adoption agency and ICAB.

Our agency thinks we can convince the INS that this child is an orphan because the biological parents signed her away 2 days after her birth. However, both parents are still alive and the child is legitimate. Also, my wife is 5 degrees separated from the child so we don't meet the family requirement.

Our concern is that we've already paid this adoption agency alot of $ and gone thru a long, difficult process and we want to be reasonably sure we can bring this child home. Can anyone give us advice on how we will make this adoption work?

Thanks and blessings to all,

Paul

[LindaO]

"Pre-Adoption Review of Orphan Status"

"Last year a number of American families were refused visas to bring their recently adopted Cam-bodian and Vietnamese children back to the U.S. when U.S. Embassy officials determined that the children did not meet the required “orphan” definition. In an attempt to prevent similar situations, the Bureau of Citizenship and Immigration Services (BCIS) has announced an optional pilot program to give adopting parents a pre-travel determination of whether the child they plan to adopt will qualify as an orphan. The program is available only for adoptions from Haiti, Honduras, Philippines, Poland, and Sierra Leone. Full information is posted at:
www.immigration.gov/graphics/services/index2.htm "

The above info is located at: http://www.adoptivefamilies.com/articles.php?aid=536

[lquist]

Thank you Julianna and Linda for your responses to my question. You have provided us much needed encouragement. It sounds like our agency is correct and we can technically call this child an orphan. This helps us alot.

Thanks again,

Paul

[NigelCharisse]

Hi Paul

My wife and I are going through the same process but maybe a few steps back (we haven't approached ICAB yet). We know that our child is 5th degree back so with that in mind I would like to know how ICAB treated you.

Thank you

[johnny]

Hi Paul,

There is a chance....

According to ICAB's web site they have placed children through relative adoptions and Independant Placements. My Brother-In-Law and his wife were able to complete the process and the child was not considered a relative. Thier daughter is home it took 2.5 years to complete.

There is also another chance when the Intercountry Adoption Act of 2000 is implemented. It will allow for the immigration of a non-orphan child under the same rules as qualified orphans which is what you are attempting to do through your agency.

So you are on the right track going through ICAB. If you get the I-600 then that qualifies the child as an orphan.

As far as your budget is concerned you should figure on it costing $10,000 a year to be safe. It sounds like a lot of money but think what you would be spending if this was you bio-child.

Our adoption was the domestic route because I had work in the Philippines for 7 years. Our office closed and I've been in the US now for over a year and we are just waiting for the I-130 approval. I have two children and my biggest expenses are school and medical. The legal bit is only a portion.

[eastcoast]

My wife and I are trying to adopt a relative beyond the 4th consanguinity. The child is in good hands, she's with my mother. We started the process in Dec 2003. So far we've maintained our sanity despite the slow process. Expect little to no communication from ICAB. Also expect lots of missteps from your agency and ICAB along the way.

Here's the kicker, the DSWD caseworkers are baffled that it takes a long time. They submitted their report last June!

Johnny is the only one at this forum who seems to know anything about relative adoptions.

[cungar]

Originally Posted by johnny

As far as your budget is concerned you should figure on it costing $10,000 a year to be safe. It sounds like a lot of money but think what you would be spending if this was you bio-child.

Hi johnny, are you referring to legal, living and travel expenses as far as $10,000 a year? That amount kind of floored me. I know ICAB and immigration aren't asking for that kind of money.

[johnny]

When PAP's are adopting relatives as soon as they commit they take on the financial responsibility of raising the child. This means the care taker, food housing, medical bills, legal fees, ICAB etc. If the process were simple and you could complete the Adoption in just a years time then your cost could be as little as $10,000. For budget purposes use that figure $10,000 (more if you can afford it) per year and you will most likely be able to handle the costs. Try to figure what you would pay if the child were already living with you. This should put you out for quite a while...hehehe...Just do a quick google on the cost of raising a child....

Johnny

[eastcoast]

Johnny is right. It's not cheap to raise a child even in the Philippines. We pay for food and all medical bills. Clothing, diapers, and shoes is our biggest expense since children grow at a rapid rate. Babysitters aren't free. The cost to call the Philippines is outrageous. To send a 10 lbs shipment of toys, books, etc. is $50. It all adds up!

[NigelCharisse]

My wife and I have already committed to taking full care of her 6 months ago but all we really worry about is legal fees.
I think this chat puts us in the picture, if we keep in mind 10,000 dollars for legal fees then this should keep us from worrying that the fees are spiralling out of control.

Thanks

[sak9645]

Do remember that you have two issues to contend with -- the adoption under the laws of the Philippines and the immigration of the child to the U.S. under U.S. immigration law.

What has been addressed above concerns the Philippines aspect. But be very careful about the immigration aspect.

Remember that, under U.S. immigration law, a child does NOT qualify for a visa if he/she has two married parents, or parents who are in a common-law relationship if their country recognizes that relationship as equivalent to marriage.

You have indicated that the child in question had married parents. While you state that they "signed away" rights to the child, that may or may not be good enough for the USCIS. Many denials have been issued when the USCIS does not feel that total relinquishment has occurred -- for example, if the biological parents continue to visit the child and the relatives with whom the child lives.

Before you continue with the Philippines side of the adoption, especially since there are some significant costs involved, be sure to check with a qualified American immigration/adoption attorney to be sure that the child will qualify for an adoption visa.

Sharon

[johnny]

Gee Whizzz...What does it mean if you have an approved I-600?

In most cases if the relation is beyond the 4th degree, the only way a child can be adopted is if ICAB qualifies the child for the Intercountry program. For that to happen, the child will have to be deemed “freely adoptable” or in most cases abandoned by the court. e.g. "orphan". In addition the child must be matched by the board and be in the best interest of the child.

Where many of the denials stories come from is when adoptions have been completed independent of ICAB and the adoptive parent’s fail to meet the rules, providing acceptable proof to BCIS and the State Department, for qualifying the child as an orphan.

Other disappointments come from adoptions with in the forth degree of relation are allowed by Philippine Law without the adoptive parents being resident. The rules do not say the child must be an orphan. If the child is a non-orphan, the result being, the child will not be allowed to immigrate under the I-600 process and must then qualify under the I-130 process.

In addition it is my hope that this situation is to be resolved once the Intercountry Adoption Act of 2000 is implemented, because non-orphans can be qualified using the I-600 process rules. Read the section "Changes in Current U.S. Immigration Law"
http://uscis.gov/graphics/publicaffa...s/adoption.htm

For those who are unfortunate to fall under this definition, due to the immigration issue, I have not been able to locate exactly when the Law will be implemented, however the last publication update I read said late 2006 or early 2007. The original date was suppose to be 24-36 months after it became public law but they messed it.

Public Law 106-279
Intercountry Adoption Act of 2000
10-6-2000 Signed by President William Clinton (Not implemented?)

Related links:
http://uscis.gov/graphics/services/adopt.htm
http://travel.state.gov/family/adopt...ation_470.html
http://www.bastards.org/international/

Even with this very complicated subject, ICAB boasts you don't need a Lawyer however as Sharon points out, seeking Legal counsel for immigration requirements is always a good suggestion.

It looks like the ICARE Act; http://www.jcics.org/Adoption_Legislation.htm will force the Intercountry Act of 2000 to be implemented. Once signed into Public Law it is not dependant on being published in the Federal Register and become immediately enforceable. It has the same provision, which will allow the immigration of a non-orphan to the US.
Links to other info.
http://www.govtrack.us/congress/bill.xpd?bill=h108-3896
http://www.passicare.com/
http://adoptionblogs.typepad.com/adoption/

There are other reform bills being developed to cut out the red tape, but ICARE is the closest.

Johnny
Just a lonely dad and adoptive dad, waiting and trying to keep busy.

[eastcoast]

"In most cases if the relation is beyond the 4th degree, the only way a child can be adopted is if ICAB qualifies the child for the Intercountry program. For that to happen, the child will have to be deemed “freely adoptable” or in most cases abandoned by the court. e.g. "orphan". In addition the child must be matched by the board and be in the best interest of the child."

How long does ICAB wait to match a child with their international relatives? Is there an age requirement i.e. the child needs to be over 2, 3, 4, 5 years of age?

What's considered acceptable proof that the child has been abandoned?

If you request the DSWD homestudy will ICAB send a copy?

[orphanagemom]

How long does ICAB wait to match a child with their international relatives?

Depends on how busy they are, and if you've hit the rainy season there, don't expect them to even go in to the office!

Is there an age requirement i.e. the child needs to be over 2, 3, 4, 5 years of age?

Any child that has gone to court and deemed adoptable has to be between the ages of 6 months and 16 years.

What's considered acceptable proof that the child has been abandoned?

Their court papers saying they are an "orphan". The orphanage takes them to court to do this, and if all goes extremely smoothly it takes about 6-8 months.

If you request the DSWD homestudy will ICAB send a copy?

?? Our only homestudy was done by a local agency.

Hope this helps a little.
Jen

[eastcoast]

Jen, thanks for your answers. Are you still in the loop with ICAB? If so, what happened to the process improvement you spoke of last year. Moreover, dDo you know what happened at ICAB that would cause them to ignore emails from US agencies? Right now, rather than addressing specific PAP cases, ICAB simply sends out blanket emails saying adoptions are taking longer.