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Raqiwin

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    Raqiwin got a reaction from gypsyqueen in adopting niece (split)   
    Manilaraf/Hank, thank you for insights.  I am in the process right now of adopting our niece (my wife's brother's daughter). I read through all of USCIS's requirements for adopting a relative, along with Philippine ICAB procedures. USCIS mentions Hague/non-Hague Convention process (adoptee considered orphan and the required use of adoption services and a ____load of money), and then there's the immediate relative option where my niece falls under. Along with all that you have mentioned in your posts, my wife and I decided to enlist the services of a local lawyer in her hometown where she and our niece are now staying for the two year duration of the adoption requirement stated in I-130, among other sources.  We have our court proceedings coming up in a few months.  I will check back then to update our situation and given everything goes well, I will post our experiences and share with you all. For the others planning similar adoptions, research travel.state.gov, USCIS and the country's adoption laws. Know specifically your situation on the adoption as you research. For example, we are adopting our niece. Not a random child, but a child that is within 4 degrees of our family. We know this child, she knows us. We don't need an adoption agency to determine our fitness to raise our niece, nor have them pick a child for us. We know the birh parents and they gave their written consent.  With that, we consulted our lawyer, and initiated the "private adoption."  Once that is complete, approved and decree granted, we will initiate the I-130 which is where this website comes in.  
  2. Like
    Raqiwin got a reaction from RO_AH in adopting niece (split)   
    Manilaraf/Hank, thank you for insights.  I am in the process right now of adopting our niece (my wife's brother's daughter). I read through all of USCIS's requirements for adopting a relative, along with Philippine ICAB procedures. USCIS mentions Hague/non-Hague Convention process (adoptee considered orphan and the required use of adoption services and a ____load of money), and then there's the immediate relative option where my niece falls under. Along with all that you have mentioned in your posts, my wife and I decided to enlist the services of a local lawyer in her hometown where she and our niece are now staying for the two year duration of the adoption requirement stated in I-130, among other sources.  We have our court proceedings coming up in a few months.  I will check back then to update our situation and given everything goes well, I will post our experiences and share with you all. For the others planning similar adoptions, research travel.state.gov, USCIS and the country's adoption laws. Know specifically your situation on the adoption as you research. For example, we are adopting our niece. Not a random child, but a child that is within 4 degrees of our family. We know this child, she knows us. We don't need an adoption agency to determine our fitness to raise our niece, nor have them pick a child for us. We know the birh parents and they gave their written consent.  With that, we consulted our lawyer, and initiated the "private adoption."  Once that is complete, approved and decree granted, we will initiate the I-130 which is where this website comes in.  
  3. Like
    Raqiwin reacted to manilaraf in adopting niece from Philippines   
    Southcoast,
    Hank has posted the pertinent PHL Law about adoptions. Scroll up to his post on 1/16-2324, If you read the portion of the Family Code he quoted, which is law here in the PHL, it specifically states that foreigners CANNOT, adopt Filipinos. Unless: 1) They are former Filipinos themselves, adopting a blood relative, 2) A non-Filipino adopting the child of a Filipino spouse, or 3) A non-Filipino jointly adopting with a Filipino spouse a blood relative.
    So while your advice would work in any country except the Philippines, Hank is right that your advice wouldn't work in the Philippines since adoption by a foreigner is ONLY allowed if it is between family.
    And yes it has been allowed by USCIS, my uncle adopted my cousin, who was the niece of his wife (daughter of his sister in law/jointly adopted with his wife). The sister-in-law knows that even if her former-daughter becomes a US citizen, that there is no way for her to be petitioned, since any ties are cut with the adoption.
    Just saw your new post. I agree, the family should hire a family lawyer here in the PHL and an Immigration lawyer in the US. But the OP was asking about how to start. First step is finding out if it's possible. It is.
  4. Like
    Raqiwin reacted to Hank_ in adopting niece from Philippines   
    Adopting a niece or nephew is the easiest of all the adoption processes in the Philippines. I know of a few other couples that have done this. Age is the key factor
    Some Laws About Adoption In The Philippines
    The laws about adoption int he Philippines are articulated in the Family Code of the Philippines from Article 183 to Article 193. The Code states that any person may adopt a child as long as he or she is at least sixteen years older than the child to be adopted. That means that if you are twenty-five years old, the maximum age of a child that you may adopt is nine years old. There exceptions to this first rule. One, if the adopter is the biological parent. And two, if the adopter is the spouse of the biological parent.

    The Code also stated that some people are not allowed to adopt children in the Philippines. One is the guardian (who is sometimes appointed by government) of the child. Another is a person who has been convicted of a crime. And third, an alien is not allowed to adopt a Filipino. To this last rule, there are three exemptions. First, if the alien is a former Filipino who wants to adopt a relative. Second, if the alien wants to adopt the legitimate child of his or her Filipino spouse. And third, if the alien who is married to a Filipino, seeks to jointly adopt a child who is a relative by consanguinity of the Filipino spouse.
    The Code also describes persons who should or should not be adopted. The first rule is that only minors may be adopted. For persons who have already reached the age of 18, adoption is allowed only if the adopters are his or her natural parents. A child who is foreigner cannot be adopted by Filipinos, unless his or her country has diplomatic ties with the Philippine government. A person who has already been adopted, cannot be adopted again, unless the first adoption in the Philippines was rescinded. That is, the first adoption is no longer legally recognized.

    An adoption may be rescinded due to several reasons. The adopted, when he or she is already 18 years old, may petition a court to rescind the adoption. The reasons should be valid since the rescission is equivalent to disinheriting the parents. The adopters may also file for a rescission when the adopted has committed acts that will lead to his or her disinheritance. Another valid reason for rendering the adoption invalid is when the adopted runs away from the home of the adopters for at least one year.
    Written consents are also required from some people. If the person to be adopted is already ten years old or older, he or she must give a letter consenting to the adoption. The biological parents of the person to be adopted in the Philippines must also provide their written consent. In their absence, the legal guardian, or a person authorized by the government may give the written consent.

    Adopting a niece or nephew is one of the easiest way to adopt in the Philippines, other have done it without issue. Age is the main factor.
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