November 18, 2004:
Adoption Chat

Transcript/FAQs

The following FAQs summarize topics of general interest for those with queries regarding adoption

Q. What are the steps to go through if I am approached by a Filipina to adopt her unborn baby?

A. Adoptions in the Philippines are governed by the Family Code of the Philippines (Executive No. 209), Republic Act No. 8552, the Domestic Adoption Act of 1998 and Republic Act No. 8043, the Intercountry Adoption Act,. The Department of Social Welfare (DSWD) would be able to provide you legal and administrative guidance in pursuing a domestic adoption. The DSWD is located at Constitution Hills, Batasan Complex, Q.C., Philippines and they may be contacted at tel. nos. (632)931-81-01 to 931-81-07. You may also visit their website at www.dswd.gov.ph

There are a number of visa possibilities for the child and you may wish to consult with the U.S. Citizenship and Immigration Service (USCIS) Office that has jurisdiction over your place of residence or the Manila Office of the Department of Homeland Security (DHS) at the American Embassy on Roxas Blvd regarding an appropriate visa category for the child. DHS Manila entertains public queries at the DHS window (window 44) daily from 8 AM to 12 noon. They can also be reached at 528-6300 extension 2224.

Q. What is the estimated cost of adoption here in the Philippines?

A. We do not have current estimates of the total cost due to the various factors, for example... location, lawyer fees, court fees, etc. However, we understand that adoption in the Philippines can range from $1500.00 to $3000.00.

Q. I have had physical custody of my niece since June 4 and filed adoption papers on June 7, 2004. What date will the Embassy use to determine the starting date of the required two-year period?
My second question is similar. If the final decree from the court contains the date of adoption but also that I was awarded temporary custody on June 7, is that the date the Embassy will use?

A. 1) The co-residency or physical custody requirement requires that the child reside with the adoptive parent(s) for at least two years during which the adoptive parents exercised primary parental control over the child. Documentation must be submitted clearly demonstrating a parent-child relationship including the physical living arrangements of the adopted child, the adoptive parent(s) and the natural parent(s) of the child for the period of time during which the adoptive parents claim to have met the residence requirements. If the adopted child continues to reside in the same household as the natural parent(s) during the period in which the adoptive parent seeks to establish their compliance with the requirement, the adoptive parents have the burden of establishing that they exercised primary parental control during that period of residence.
The two-year physical custody requirement may take place before or after the adoption is finalized and may be accounted for in the aggregate. Therefore, a break will not affect the time already fulfilled.

2) To be eligible for immigration to the U.S. with an I-130 Petition for an Alien Relative, the adopted child must, among others, have been in legal custody of the adopting parent(s) for two years. Legal custody means the assumption of responsibility by an adult over a minor under the law of the state and under the order or approval of a court of law or an appropriate government entity. This means that a legal process involving the courts or a recognized government entity take place to award custody of the child to the parents. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.

Q. What date on what piece of paper the Embassy will be looking for to list the starting point?

A. There is no specific documentation to establish the required two-year physical custody. The burden of proof of actual physical parental control is upon the petitioner. Documentation to be submitted must clearly demonstrate a parent-child relationship including the physical living arrangements of the adopted child, the adoptive parent(s) and the natural parent(s) of the child for the period of time during which the adoptive parents claim to have met the residence requirements. If the adopted child continues to reside in the same household as the natural parent(s) during the period in which the adoptive parent seeks to establish their compliance with the requirement, the adoptive parents have the burden of establishing that they exercised primary parental control during that period of residence.

Q. If I am an American citizen living here in the Philippines for a couple of months now how long is the waiting period to adopt here?

A. Depending upon your circumstances (such as marital status, citizenship of adoptive parents, adoptive parents relationship to child, etc.), the number of years can vary. For a complete answer to your question please refer to DSWD.

Adoptions in the Philippines are governed by the Family Code of the Philippines (Executive No. 209), Republic Act No. 8552, the Domestic Adoption Act of 1998 and Republic Act No. 8043, the Intercountry Adoption Act. The Department of Social Welfare (DSWD) would be able to provide you legal and administrative guidance in pursuing a domestic adoption. The DSWD is located at Constitution Hills, Batasan Complex, Q.C., Philippines and they may be contacted at tel. nos. (632)931-81-01 to 931-81-07. You may also visit their website at www.dswd.gov.ph/

Q. An American man and his Filipina wife adopted a boy. This family intends to raise the boy in the Philippines. However they want to visit the United States for two months with their adopted child. What do need to get an NIV approved for their adopted child?

A. If you would like to apply for a nonimmigrant visa (visitors visa), you will need to pay a nonrefundable nonimmigrant visa application fee of US$100 at the Bank of the Philippines Island (BPI) or Citibank, complete the necessary application forms and make an appointment with the Embassy’s Nonimmigrant Visa Information Call Center at telephone number 1-909-101-0000 for PLDT, 1-903-101-0000 for Bayantel, and 1-900-101-0000 for Globe. This telephone appointment system is available 24 hours a day, 7 days a week. NIV applicants should be prepared to establish eligibility as a nonimmigrant under the requirements of the Immigration and Nationality Act. Complete information on the visa application process please see our website.

Q. Actually we are going to visit our other children and want to take our adopted son with us. The Philippine courts recently approved the adoption. He has lived with us since date of birth and he is now more than two years old. To apply for a tourist visa, do we still need to prove two-year custody?

A. The adoption is not necessarily an issue for a NIV. Each applicant has to prove individually that there are compelling ties that ensure their return after a short stay in the United States.

Q. An American missionary couple brought a baby into their home for about a year. The natural parents of the baby cannot be located. The couple returns to the U.S. in less than a year and they want to adopt the baby. What do they need to do to take the boy with them if the Philippine courts approve the adoption?

A. Once the Philippine court issues the final decree of adoption, the adoptive parents should file the I-600 visa petition to Classify an Orphan as an Immediate Relative with the Manila office of the Department of Homeland Security (DHS) at the American Embassy . The DHS will adjudicate all aspects of the I-600 petition including the suitability of the adoptive parent(s), and the qualifications of the child as an orphan as defined in the U.S. Immigration law. It is important to note that a foreign country’s determination that the child is an orphan and/or an adoption by a court decree or a comparable order by a competent authority does not guarantee the child also meets the definition of an orphan under U.S. immigration law since foreign countries may use different standards.

For detailed information on the requirements and procedures in adopting a child in the Philippines, you may visit the website of the Philippine Department of Social Welfare and Development at www.dswd.gov.ph/icab.htm. The DSWD is located at Constitution Hills, Batasan Complex, Q.C., Philippines and they may be contacted at tel. nos. (632)931-81-01 to 931-81-07.

For detailed information about the immigration of an orphan child, you may visit the Department of State website at travel.state.gov/family/adoption_booklet.html
or the USCIS website at uscis.gov/graphics/lawsregs/handbook/adopt_book.pdf

You may also wish to consult with the Manila Office of the Department of Homeland Security (DHS) regarding the filing of the I-600 orphan petition. The DHS office is located in the American Embassy along Roxas Blvd. It entertains public queries at the DHS window (window 44) daily from 8AM to 12 noon. They can also be reached at 528-6300 extension 2224.

Q. My wife arrived in the U.S. in April 2004 and her application for permanent residence status is in progress. We have a grandson in the Philippines and his parents wish for us to adopt him and bring him to the U.S. Is this possible? Where do we begin? Do we need an attorney?

The adoption of a relative should not be for immigration purposes only but rather to enter into a bona fide parent-child relationship. If all the requirements of U.S immigration law are met to establish an adoptive parent-child relationship, it is possible to bring an adopted child, including an adopted relative, to the U.S. as a legal permanent resident.

Adoptions in the Philippines are governed by the Family Code of the Philippines (Executive No. 209, Republic Act No. 8552, the Domestic Adoption Act of 1998 and Republic Act No. 8043, the Intercountry Adoption Act. The Department of Social Welfare (DSWD) would be able to provide you legal and administrative guidance in pursuing a domestic adoption. The DSWD is located at Constitution Hills, Batasan Complex, Q.C., Philippines and they may be contacted at tel. no. (632)931-81-01 to 931-81-07. You may also visit their website at www.dswd.gov.ph

A. You indicated that the child’s parents wish for you to adopt your grandson. Because the child would not qualify as an orphan as defined by U.S. Immigration law he must meet the INA definition of an adopted child to be eligible for U.S. immigration purposes. This would require the following:

a) The child must have been adopted under the age of 16 (or be the sibling of a child who was adopted by the same parents while under the age of 18). The adoption must both be legal and final. Merely raising the child since birth or taking in a child for humanitarian purposes does not constitute an adoption. For immigration purposes, the adoption must create a legally-binding parent-child relationship or confer upon the child the same rights as a child born to the adoptive parents (i.e., inheritance).

b) The child must have been in legal custody of the adopting parent(s) for two years. Legal custody means the assumption of responsibility by an adult over a minor under the law of the state and under the order or approval of a court of law or an appropriate government entity. This means that a legal process involving the courts or a recognized government entity take place to award custody of the child to the parents. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose; and

c) The child must have resided with the adoptive parent(s) for at least two years during which they exercised primary parental control over the child. Documentation must be submitted clearly demonstrating a parent-child relationship including the physical living arrangements of the adopted child, the adoptive parent(s) and the natural parent(s) of the child for the period of time during which the adoptive parents claim to have met the residence requirements. If the adopted child continues to reside in the same household as the natural parent(s) during the period in which the adoptive parent(s) seeks to establish their compliance with the requirement, the adoptive parents have the burden of establishing that they exercised primary parental control during that period of residence.
You may wish to consult with the U.S. Citizenship and Immigration Service (USCIS) Office that has jurisdiction over your place of residence or the Manila Office of the Department of Homeland Security (DHS) regarding the appropriate visa category for the child. The DHS office is located in the American Embassy along Roxas Blvd. It entertains public queries at the DHS window (window 44) daily from 8AM to 12 noon. They can also be reached at 528-6300 extension 2224. Information on which USCIS office has jurisdiction over a petitioner”s residence can be found on their website at uscis.gov/graphics/fieldoffices/index.htm

Q. My wife and I are both U.S. citizens. We adopted a baby girl in 2001. My wife stayed with our baby for two years while I went back to the U.S. consistently sending them financial support. The I-130 visa petition I filed on behalf of the baby has been approved and she is waiting for her interview. Do we anticipate any problem since I filed the petition and it was my wife who met the 2-year residency requirement?

A. Either adoptive parent, regardless of who files the I-130 visa petition, can meet the two-year residency requirement.

To establish that the two-year residency requirement has been met, documentation must be submitted clearly demonstrating a parent-child relationship including the physical living arrangements of the adopted child, the adoptive parent(s) and the natural parent(s) (if known) for the period of time during which the adoptive parents claim to have met the residence requirements. If the adopted child continued to reside in the same household as the natural parent(s) during the period in which the adoptive parent seeks to establish their compliance with the requirement, the adoptive parent has the burden of establishing that she exercised primary parental control during that period of residence.

Consulate: Thank you for participating in this Chat Session. An archive of this Chat session will be placed on the website shortly for your reference. For further information please use this URL www.usvirtualconsulatedavao.org.ph The next chat session with a consular officer will be on December 1 regarding visa matters. Please provide feedback on this chat session and submit suggestions on how to improve such sessions via