Rescission of Adoption

[BB Family 299]

I am 23 and i want to rescind my adoption because of abuse as a child. Article 191 of Philippine Family Law states:

Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded upon petition of any person authorized by the court or proper government instrumental acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds prescribed for disinheriting an ascendant. (40a, PD 603)

Does any one know the process i could go about this? I would have to do everything from the United States, and i know this could complicate things with Powers of Attorney, finding a good lawyer that won't over charge me or make up stuff to get more money. But if someone could point me in the right direction to get this started or an easy way to accomplice this maybe through a Consulate or Embassy here in the US? THank you.

[Darnell 8,479]

If you give up your adoption,

will you be required to give up your us citizenship as well ?

I ask, because apparently your us citizenship was based on your adoption.

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IMO, it makes more sense to sue folk for damages, instead, with a hungry lawyer. Take all they have, plus 200 percent.

[BB Family 299]

No actually i was denied citizenship based on adoption because by the time the adoption was approved, i was to old to gain citizenship based on adoption. I am a Permanent Resident now being married to a Citizen. We will be applying for citizenship early next year.

And as for suing them, i want nothing to do with those people after what happen to me. I just want to have it all erased so that one day my children don't ask me why my name is different and all that. Or one day trying to research it on their own and finding those horrible people.

Edited May 13, 2013 by Barker Family

[Darnell 8,479]

what visa did you enter the USA on ?

[BB Family 299]

B2

[Darnell 8,479]

this is adoption in USA or adoption in the RoP?

[BB Family 299]

It was an adoption in the Philippines by an American and his filipino wife.

Edited May 13, 2013 by Barker Family

[Darnell 8,479]

that makes no sense then, for coming into the USA on a B-2.

Should have been a IR-4.

but - that's not the point, for now.

I say file for damages against the couple, regardless of whatever else you want to do.

$$$ fixes many ills.

[BB Family 299]

The adoption wasn't finalized by the time he brought me to the US. So we applied for a B2 visa to get me into the country while the adoption was pending. After it was approved we tried to gain citizenship. But was denied because i was over the age of 15. We didn't do anything or change anything after that. Technically i stayed in the country illegally. But right after i had made the decision to leave that family and take my daughter before she could be abused, i met my husband. And he saved me from that horrible family. Shortly after, my husband being the tedious and attention to detail guy he is fixed most of the issues and got my permanent residence approved. The only issue we are having now is getting my name changed back to my birth name and correcting it on my daughters birth certificate so i can leave that horrible experience in the past.

[Darnell 8,479]

legal name changes IN the USA are dead easy - just file the document in the courthouse with the court, and stand before the judge, and pay the filing fee. usually this is done at the COUNTY court level.

If your name was NEVER changed in the RoP - hey ! one less thing to worry about.

[BB Family 299]

It was changed in the Philippines, they even issued a new Birth Certificate reflecting the new adopted name on it. They didnt just issue an order saying a name change, they had a new birth certificate issued..And when i sent a request to the NSO ( the people who issue birth certificates for the philippines) they issued the new adopted one and when i requested the original they said i would need a court order to access it...

[Darnell 8,479]

ah - ok - tis making more sense now. You had an original idea of having an attorney handle some stuff for you - I'm a thinking it's best to find an attorney in RoP that meets your criteria - you mentioned -

--not exorbinant (sp?) in fees and

--honest ..