[NigelCharisse]

Hi, my wife and I are wanting to adopt her cousin's daughter and we would like to know if this qualifies as a 4th degree consanguity. Any input would be greatly appreciated.

Thanks

[johnny]

There is both bad news and good news.

It is difficult to find any written reference in Philippine Law which specifically identifies the counting method.

According to this chart http://en.wikipedia.org/wiki/Image:C...nity_chart.png she is 5 degree however it's best to consult ICAB because there are different ways of counting.

The contact infomation for ICAB is at the bottom of this link http://www.gov.ph/faqs/adoption.asp

Consanguinity within the 4th degree allows for the waiver of Philippine residency. It won't make a difference when it comes to US Immigration. She has to qualify for Intercountry Adoption process through ICAB.

If she is not considered an orphan under the I-600 process you will have to meet a two year physical and legal custody before she will be considered your child and be allow to immigrate under the INA. Again you need to consult ICAB for any alternatives if she is not qualified as an orphan. Our son was not qualified and we were directed to the Domestic process as our only option. we discovered afterward that he actually could have been qualified. So explore your option completely.

Once the Intercountry Adoption Act of 2000 is implemented she can qualify for the I-600 process as a non-orphan if she is irrevocably released by the bio-parents. Last I read this is expected in late 2006 or early 2007, but this most likely won't be an easy process to do even with some tangible help.

Johnny

[NigelCharisse]

Thanks Johnny

My wife and I actually live in Canada but that was great info atleast we know what we are dealing with. We also know that this is going to be a huge up hill battle but we are very committed to this child. We have been funding her for the past 6 months she has no contact with her parents and she has been quite sick (weak lungs).
Through our funding we have been able to give her a future but we can only do so much as she is so far way from us. We will be doing everything possible legally to get this child over to Canada with us.
So if you here anything like a good lawyer in Canada let me know.

Thanks again

[orphanagemom]

Hi,
have you checked on getting her here on a medical visa? Just a thought.
Jen

[johnny]

It sounds like you have a good case for ICAB.

I sent you a PM.