Philippine document for consent of adoption from birth father

[chrismanilyn 4]

We are trying to process adoption of my wife's child, while we are applying for citizenship.  Does anyone have an example of a Filipino adoption consent form that we can draft for the father of my wife's child?  Not looking for advice, don't need an analysis...just need a form document, recognized in the Philippines, that we will use for the father to sign.  Thanks!

[Illiria 980]

Hey, sorry I can’t advise you but I have suggested to the mods to move to the Philippines sub forum as they are super knowledgeable and helpful over there and could point you in the right direction

[Ontarkie 13,944]

~~Moved to the Philippines forum, from General Immigration - As the OP is asking about document being legal in the PI~~

[John & Rose 7,239]

45 minutes ago, chrismanilyn said:

We are trying to process adoption of my wife's child, while we are applying for citizenship.  Does anyone have an example of a Filipino adoption consent form that we can draft for the father of my wife's child?  Not looking for advice, don't need an analysis...just need a form document, recognized in the Philippines, that we will use for the father to sign.  Thanks!

When I looked into this I was told it is a US form since the adoption takes place in the US.  It does have to be signed by the biological father but it is a US form, not a Philippines form.  I will look up my old info on this.  In my case, he says he will fight it but he is a deadbeat father so it should work without his consent.

 

The adoption is a US adoption and they even change the birth certificate removing the biological father's name... it is an interesting process.

 

Also, we were told here that we cannot start the adoption process until after we are married.

 

1. Petition for Adoption (not online). You need one for each child you are adopting. Contact your local court to get this form
2. Affidavit of Petitioner for Adoption (Not online). Contact your local court to get this form.  
3. Certified Long-Form Copy of Child’s Birth Certificate. This is available from the Registry of Vital Records or from the city or town where the child was born. If you cannot get the birth certificate from the birth parents, you need to be the guardian of the child to get the birth certificate. See Guardianship of a Minor. If you are filing a Petition for Adoption of a child from a foreign country, you must include the original foreign documents and a copy of the same documents.
4. CARI Record Check (CP2) (Not available online) Contact your local court to get this form.
5. Home Study. The Home Study is a report done by DCF or the Adoption Agency. If this is a stepparent adoption, you can file a Motion to Waive the Home Study instead.
6. Affidavit Disclosing Care or Custody Proceedings  file size 1MB
7. Federal and Central Registers of Missing Children Search Request. The court will send this to you after you have filed the other papers, and then you will need to send it to DCF so they can do a search and make sure your intended child was not reported missing.

You May Also Need to File

1. If you are married: Certified copy of your Marriage Certificate. This is available from the Registry of Vital Records  or from the city or town where you were married.
2. If you are divorced: Certified copy of your Divorce Judgment. You can get this from the Probate and Family Court where your divorce was filed. You can find the address at Courthouses by County, by clicking on the appropriate county.  You will need the names of the people, the approximate date of the divorce, and if you have it, the docket number. The fee is $20.00 for a certified copy plus one dollar per page for every page except the first.
3. If you are asking the court to waive the Home Study: Motion to Waive Investigation Report of Department of Children and Families.  
4. If you  are adopting a child whose birth mother wasn’t married and the birth father has not signed a surrender:  Affidavit from DCF Regarding a Search of the Parental Responsibility Claims. This is a document DCF will provide to you.
5. If either of the parents gave up legal rights to the child: Surrender Forms. The surrender form must be in the proper format. See G.L. c.210, s.2 .  A parent cannot surrender a child until four days after the date of birth of the child to be adopted.  It must be signed in front of a notary public with two witnesses watching, and the birth parent must have chosen at least one of the witnesses.
6. If a court ended the legal rights of one or both parents: Certified copies of Judgments from Other Legal Proceedings.  You will need to obtain and include a copy of the court judgment from that court.

 

Hague Convention Process

A child adopted from a Hague Convention country must qualify as a Convention adoptee under U.S. immigration law and the adopting parent(s) generally must follow the Hague Adoption Convention process. This process will involve filing a Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. In general, the Form I-800 must be filed before the child’s 16th birthday unless an exception applies. 

Non-Hague Convention Process (“Orphan”):

A child adopted from a non-Convention country must qualify as an orphanunder U.S. immigration law and the adopting parent(s) generally must follow the orphan process. This process will generally involve filing a Form I-600A, Application for Advance Processing of an Orphan Petition, and a Form I-600, Petition to Classify Orphan as an Immediate Relative. In general, the Form I-600 must be filed before the child’s 16^th birthday unless an exception applies.

Immediate Relative Petition process:

To be eligible to receive an immigrant visa through the immediate relative process, the child must have been adopted while under the age of 16 (or be the natural sibling of such a child, adopted by the same parents as his or her sibling while under the age of 18). In addition, the I-130 immediate relative process under INA 101(b)(1)(E) requires the child to have been in the legal custody of, and resided with, the adoptive parent(s) for at least two years prior to filing the I-130 petition. If the child is or was habitually resident in a Hague Convention country prior to the adoption and the adoption occurred on or after April 1, 2008, the two-year legal custody and physical residency period generally must be satisfied outside the United States in order for the Form I-130 to be approvable. The rules for this immigration process are discussed in greater detail on the USCIS website at the following link.     

Please note that for adoptions involving a Convention country, the Convention and U.S. law and regulations implementing the Convention generally prohibit prior contact between prospective adoptive parents and the child’s parents or legal guardian. However, this prohibition does not apply if the child and the prospective adoptive parents are relatives.

Edited September 29, 2017 by John & Rose

[John & Rose 7,239]

1 hour ago, chrismanilyn said:

We are trying to process adoption of my wife's child, while we are applying for citizenship.  Does anyone have an example of a Filipino adoption consent form that we can draft for the father of my wife's child?  Not looking for advice, don't need an analysis...just need a form document, recognized in the Philippines, that we will use for the father to sign.  Thanks!

The process is set by each state.  That is where it has to start.  The Philippines has nothing to do with it.  Start with Florida's requirements.

[chrismanilyn 4]

Great info, but I am still trying to get the form they use in the Philippines.  I have a lawyer, using a Florida form, but trying to do belt and suspenders approach and have the consent also on Philippine form..thx!

[Hank_ 9,173]

9 hours ago, chrismanilyn said:

We are trying to process adoption of my wife's child, while we are applying for citizenship.  Does anyone have an example of a Filipino adoption consent form that we can draft for the father of my wife's child?  Not looking for advice, don't need an analysis...just need a form document, recognized in the Philippines, that we will use for the father to sign.  Thanks!

Like John said, the consent form needs to conform to U.S. law, more specifically the adoption laws of the state you live in. 

 

There is not a "form" in the Philippines, it is a document drafted by an attorney.

 

https://deborjalaw.com/adoption-in-the-philippines-2/