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  #1  
Old 10-07-2005, 12:50 PM
Jim_n_Teresa Jim_n_Teresa is offline
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Adoption of Filipino Nephew

Hello

My wife and I wish to adopt our nephew from the Philippines. I have been doing some research concerning this through our local governing agency, and on the internet, particularly the US Embasy in Manila web site, and the Inter-Country Adoption Board.

According to our local governing agency/adoption court, we can bring my wife's siste, brother in-law, and their 14 month old son here on a visitor visa. The birth parents would then give their consent, and give us legal gaudianship of him. We could then adopt the child as a domestic relitive adoption through our local court system.

I am a US citizen, my wife is Filipino, and is a perminant resident, and we live in Michigan. I believe that we qualify for the third wavior stated on the US embasy's site, which I have pasted below:

***********************************


PHILIPPINE GOVERNMENT LAWS REGARDING ADOPTION

In addition to the regular requirements for adoption, U.S. citizens interested in adopting a Filipino child while they are living in the Philippines must meet the following conditions:
  • Be resident in the Philippines for at least three years prior to the filing of the adoption petition and maintain such residence until the adoption decree is entered by a Philippine court;
  • Possess a certification of legal capacity to adopt issued by appropriate government agency from your state of residence.


To fulfill the requirement for a certification of legal capacity to adopt, the Philippine government will generally accept an approved I-130 Petition for Alien Relative, I-600A Application for Advance Processing of an Orphan, or I-600 Petition to Classify an Orphan as an Immediate Relative.

The Philippine government may waive these requirements in the following cases:
  • A former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity, as defined under Philippine law; or
  • A person who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
  • A person who is married to a Filipino and who seeks to adopt jointly with his/her spouse a relative within the fourth degree of consanguinity, as defined under Philippine law.


U.S. citizens who are not resident in the Philippines and who are not eligible for a waiver of the above requirements may adopt orphan children only through the inter-country adoption process. Questions relating to inter-country adoption should be directed to: The Philippine Inter-Country Adoption Board (ICAB)

***************************************
here is the URL to this site if anyone is interested:

http://usembassy.state.gov/manila/wwwhadop.html

Our questions are as follows:

Has anyone done a relitive adoptioin from the Philippines using this method, that can offer any advise?

How would one apply for this waivor?

Will there be any repercussions by the Philippine government concerning my in-laws, when they return without the child?

Will we run into any snags, do to the fact that this child would most likely be considered a non-orphan?

I did send an email to the ICAB asking these questions, however have not heard back from them, and am not optimistic that I will anytime soon.

Thanks to anyone that can offer any advice in this matter.

Jim & Teresa
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  #2  
Old 10-14-2009, 07:50 AM
jerrystroud jerrystroud is offline
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My wife and I are planning to adopt 2 of our grandchildren. My wife is still a Filipino citizen and had raised the children until she came to the US to marry me in 2004 so the 2 year care/living/support period for my wife and I are not an issue. We also have detailed of our support of the children since my wife immigrated to the US. We have been assured by the Filipino lawyers that it will proceed smooothly. We will do the I-130 once we have completed the adoption process thru the Philippine courts system. My wife will become a US citzen in a few months so the INS process should be better with both of us being US citzens. I'll post later on the process. Wish us luck!
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