Little Brother not Blood related

[mm2kay 8]

Good Day! My wife has a little brother whom the parents-in-law have taken care of since he was a newborn. The mother is known and does live in the same BRGY. The mother didn't want anything to do with the child, and I believe the identity of the father is also known. The mother is still in the village, and I think the father of the boy can be located to process a legal adoption

Child is 5 years old. The situation is in the future if my wife wants to petition her parents to come to America, they won't leave their kid behind, obviously they didn't do the adoption in a legal way. They have just been raising the child and they care for him the way they would as their own son. 

Does anyone have any knowledge to legally to do the adoption process not for us, but for my parents in law to legally adopt him.  I had known this was a illegitimate brother since the start so it's not a surprise, and I did let my wife know that it might not ever be possible to petition him. 


Hopefully that wasn't confusing tldr pretty much brother isn't her brother, but parents have raised him since new born, trying to get them to do the legal adoption so they could be petition-able. 
 

[Crazy Cat 41,975]

6 minutes ago, mm2kay said:

The situation is in the future if my wife wants to petition her parents to come to America, they won't leave their kid behind

Even if the child is adopted by your in-laws, they cannot all immigrate together through your wife.  There are no derivatives for parents who have been petitioned by their US citizen children. 

[mm2kay 8]

1 minute ago, Crazy Cat said:

Even if the child is adopted by your in-laws, they cannot all immigrate together through your wife.  There are no derivatives for parents who have been petitioned by their US citizen children. 

They wouldn't be able to petition the child once they become citizens though?  (The parents in law)

Edited August 15, 2021 by mm2kay

[Crazy Cat 41,975]

Just now, mm2kay said:

They wouldn't be able to petition the child once they become citizens though?

Maybe......even before that.....but you said they would not leave their child.   My point is that your wife cannot petition them all together. This will takes several years.

[mm2kay 8]

Just now, Crazy Cat said:

Maybe......even before that.....but you said they would not leave their child.   My point is that your wife cannot petition them all together. This will takes several years.

Understandable. When I mean leave them behind is like leave them forever. They have a large family so taking care of the child while they do the process can be possible. Do both parents have to be petitioned. Or can like we petition the father, or mother first, then when they become a US Citizen, they can petition. 

I know this is some crazy nonsense, but it's not like they are asking to do it, but I kinda want them to get their eggs in a row just incase they change their mind. 

My wife is preggo with our first, so I do know that mom and dad will want to visit since we aren't going to travel with all the nonsense going on with the world at this time since it would just burn our time off in quarantines. 

[Crazy Cat 41,975]

2 minutes ago, mm2kay said:

Understandable. When I mean leave them behind is like leave them forever. They have a large family so taking care of the child while they do the process can be possible. Do both parents have to be petitioned. Or can like we petition the father, or mother first, then when they become a US Citizen, they can petition. 

I know this is some crazy nonsense, but it's not like they are asking to do it, but I kinda want them to get their eggs in a row just incase they change their mind. 

My wife is preggo with our first, so I do know that mom and dad will want to visit since we aren't going to travel with all the nonsense going on with the world at this time since it would just burn our time off in quarantines. 

The parents will have totally separate cases, so, yes, one can be petitioned alone.  Legal residents can petition spouses and children....they don't have to wait to become US citizens.

[Chancy 6,241]

1 hour ago, mm2kay said:

Does anyone have any knowledge to legally to do the adoption process not for us, but for my parents in law to legally adopt him.

 

Is the biological father unknown to the mother, or just unknown to your parents-in-law?  I ask because it would be best for your in-laws to get a legal document from the biological parents stating they have freely given their written irrevocable consent to the termination of their legal relationship with the child and to the child’s emigration and adoption.  But of course, having such a document would not be enough.  I strongly recommend hiring a family lawyer experienced in adoptions in the Philippines.

 

Next, have your in-laws go over the US embassy's guidelines for adoption.  Ignore the part about Hague Convention and scroll down to the section "IMPORTANT NOTICE TO PARENTS ABOUT DOMESTIC ADOPTIONS" -- https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/adoption/

 

[mm2kay 8]

8 hours ago, Crazy Cat said:

The parents will have totally separate cases, so, yes, one can be petitioned alone.  Legal residents can petition spouses and children....they don't have to wait to become US citizens.

Awesome thank you!

[mm2kay 8]

7 hours ago, Chancy said:

 

Is the biological father unknown to the mother, or just unknown to your parents-in-law?  I ask because it would be best for your in-laws to get a legal document from the biological parents stating they have freely given their written irrevocable consent to the termination of their legal relationship with the child and to the child’s emigration and adoption.  But of course, having such a document would not be enough.  I strongly recommend hiring a family lawyer experienced in adoptions in the Philippines.

 

Next, have your in-laws go over the US embassy's guidelines for adoption.  Ignore the part about Hague Convention and scroll down to the section "IMPORTANT NOTICE TO PARENTS ABOUT DOMESTIC ADOPTIONS" -- https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/adoption/

 

They know the mother she works in the BRGY, believe they are still in the circle of friends, but the father they know who it is, just I don't know if he's in town. Yea everything will be a full legal adoption so immigration could happen. It's difficult for them to travel right now due to the restrictions but family lawyer is on the to do list.

[mm2kay 8]

I wonder if RA 11222 would satisfy the legal adoption requirements. 

 

[Chancy 6,241]

1 hour ago, mm2kay said:

I wonder if RA 11222 would satisfy the legal adoption requirements.

 

Are your in-laws listed as the child's parents on the birth certificate?!  I hope not, as that would make it more complicated for US immigration.  Anyway, if they are listed on the BC, RA 11222 would enable them to correct/annotate the BC without penalty.  They would still need the adoption decree, certificate of finality, and other required documents on USEM's list.

 

[Joe Kano 327]

17 hours ago, mm2kay said:

Good Day! My wife has a little brother whom the parents-in-law have taken care of since he was a newborn. The mother is known and does live in the same BRGY. The mother didn't want anything to do with the child, and I believe the identity of the father is also known. The mother is still in the village, and I think the father of the boy can be located to process a legal adoption

Child is 5 years old. The situation is in the future if my wife wants to petition her parents to come to America, they won't leave their kid behind, obviously they didn't do the adoption in a legal way. They have just been raising the child and they care for him the way they would as their own son. 

Does anyone have any knowledge to legally to do the adoption process not for us, but for my parents in law to legally adopt him.  I had known this was a illegitimate brother since the start so it's not a surprise, and I did let my wife know that it might not ever be possible to petition him. 


Hopefully that wasn't confusing tldr pretty much brother isn't her brother, but parents have raised him since new born, trying to get them to do the legal adoption so they could be petition-able. 
 

Who is listed on the Birth Certificates as the parents?  I would get a new one and see. I have seen ones that were supposed to be the originals and the were altered for various reasons.

[mm2kay 8]

26 minutes ago, Joe Kano said:

Who is listed on the Birth Certificates as the parents?  I would get a new one and see. I have seen ones that were supposed to be the originals and the were altered for various reasons.

I spoke to them today. They do have the follow the RA11222 process to fix the illegitimate birth certificate then process the adoption that way. 

 

They actually got the ball rolling ahead of my questions here. Apparently the adoption and placing the wrong birth parents was pretty common and that's what they did luckily that law passed so there's amnesty so it's fixable. 

 

 

[Joe Kano 327]

1 hour ago, mm2kay said:

I spoke to them today. They do have the follow the RA11222 process to fix the illegitimate birth certificate then process the adoption that way. 

 

They actually got the ball rolling ahead of my questions here. Apparently the adoption and placing the wrong birth parents was pretty common and that's what they did luckily that law passed so there's amnesty so it's fixable. 

 

 

Awesome, Great news

[mm2kay 8]

14 minutes ago, Joe Kano said:

Awesome, Great news

Thanks to all. I kinda brushed this research off to the side since they haven't shown interest, but you know since I've been trying to get my parents in law passports so they can visit their grand child next year. They might end up liking what they see here who knows. 

I am glad they got the ball rolling. It was the right thing to do, and it clears any obstacles for the future