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Adoption in the Philippines
December 21, 2005
This is the transcript from the chat on Adoption in the Philippines hosted by the Virtual Consulate Davao on December 21, 2005.
The following questions and answers are from the live chat. Participants included the Virtual Principal Officer (Consul), Immigrant Visa Officers from the U.S. Embassy Manila, Philippines Government representatives from the Inter-Country Adoption Board (ICAB) and Department of Social Welfare and Development (DSWD).
Consul: Good Morning and welcome to our chat on adoption in the Philippines. Today with us are the immigrant visa officers from the U.S. Embassy Manila, and representatives from the Dept. of Social Welfare and Development (DSWD) and from the Inter-country Adoption Board. Please go ahead and ask your questions.
User asked : londijoy - We are missionaries living within the Philippines - over ten years now. Once the adoption is legalized here in the Philippines how difficult is it to take our adopted child traveling with us to the U.S.? How soon after the adoption is finalized in the Philippines, can she travel with us to the U.S.?
Consul: If you are only taking your adopted child on a short trip to the U.S., the adoption is not necessarily an issue for a Nonimmigrant visa. Each applicant has to prove individually that there are compelling ties that ensure their return after a short stay in the United States.
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 1-909-101-7878 for PLDT and Smart landline subscribers. 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. For complete information on the visa application process please see our website.
User asked: pattersonlance@yahoo.com - We are adopting a daughter. We were told that she has to live with us for two years before the adoption can be completed. What kind of visa can we get to take her with us to the States?
Immigrant Visa Officer: There are two separate things to deal with in this situation. The first is making sure the adoption is completed according to Philippine law. Second, in order to bring the child to the US, you must meet the US immigration law requirements. Assuming the child is not classified as an orphan (which has different rules) then you must file a petition with the U.S. Customs and Immigration Service for an IR-2 visa (Child of U.S. citizen.) To qualify for an IR-2 visa, the child must have been adopted while under the age of 16 AND has been in the legal custody of and has resided in a parent-child relationship with the adopting parent for two years. Note that the legal custody and residency do not have to occur at the same time. Also, the residency does not have to occur in one long period; it can be accumulated over time, as long as the adopting parent can show parental control during these times. For more information, visit www.uscis.gov and check their FAQ section.
User asked : soccoach - I am now living in the RP. My wife has a daughter I would like to adopt. What documents do I need to produce?
From DSWD : First you need to hire a lawyer who will file the petition for adoption in the local court where you reside. The court will issue an order for publication and will direct either the DSWD or Court Social Worker to prepare the Home and Child Study Report. The DSWD will help you go through the adoption process by helping with documentary requirements needed and the steps of adoption. Feel free to approach any DSWD offices or you may contact us thru telephone numbers 734-86-41 or 51 from Mondays to Fridays and look for ARD Patricia Luna or Mrs. Margarita Ortega or you e-mail us at dswd_ncr@trisys.com for the documents you need to submit.
User Asked : keithg - My wife and I are raising an abandoned orphan for 3 years now and would like to adopt, what is the beginning step?
Immigrant Visa Officers : If the child was abandoned by his/her biological parents, there is a need for the child to be declared abandoned by our local courts. If the child is an orphan, death certificates of either of the parents or both parents whichever is the case should be produced before adoption process can be done in local courts. Feel free to approach any DSWD offices or you may contact us thru telephone numbers 734-86-41 or 51 from Mondays to Fridays and look for ARD Patricia Luna or Mrs. Margarita Ortega or you e-mail us at dswd_ncr@trisys.com
User Asked: les - an American friend of mine wants to adopt his Filipino wife’s sister’s newborn baby girl. Someone told him that he could have the birth records corrected to show him as the father to get around the three-year residency wait that he was told he would have to go through. Is there any way around that?
From ICAB: This is called simulated birth registration and is illegal. There is no way around it. You can’t undertake the simulated birth registration to circumvent the requirements of the Philippine adoption law. If you wish you may contact the nearest Dept of social welfare and development 724-8651/41/35 or inter-country adoption board (icaba@skyinet.net)
Consul: Often if there is a question about the biological relationship, the visa officers may recommend DNA testing as a method of determining the validity of the relationship.
(Additional note: Any altering of documents or gross misrepresentation during the visa application process can render the applicant or beneficiary permanently ineligible for a visa. Any American citizen who aids or commits fraud/misrepresentation may be criminally charged. Alien smuggling is a serious offense with severe consequences.)
User Asked: soccoach - Does the two-year residency apply to a stepchild situation?
Immigrant Visa Officer: A stepchild situation does not involve an adoption in terms of immigration law. It is dealt with in terms of the petitioner’s legal relationship to the child’s parent. For example, if a U.S. citizen has already married a Filipina, he may petition her as his wife and her child as his stepchild, PROVIDING that the marriage took place prior to the child’s 18th birthday. For more information, visit www.uscis.gov and click on Frequently Asked Questions.
User Asked : mery - I am an American Citizen residing in the Philippines for 7 years. I have adopted a child in the Philippines and immigrated her to the US. When we returned from our vacation we received a letter from the U.S. explaining that due to us residing in the Philippines she cannot receive U.S. citizenship, instead they sent a Permanent Resident Card. Last summer while going through LAX, the Immigration officer said I should not have this card; instead I should have a Travel Permit. Is this correct?
Immigrant Visa Officer: Mery, from what you have told us it sounds like your adopted child may have a claim to U.S. citizenship under the Child Citizenship act of 2000. You should contact the American Citizen Services section at the Embassy for further information about the child’s potential claim to citizenship. You can also read about the Child citizenship act on the Department of State website at www.travel.state.gov. Search for child citizenship act
User Asked: londijoy - Our child is an orphan - both parents have died. We tried getting a non-immigrant visa for her to the U.S. (before adoption was finalized) and it was denied. How does an orphan show compelling ties to return?
Consul: Each nonimmigrant visa case is individually evaluated. A child shows compelling ties through their parents. In your case even though you are an American citizen, you would need to show that you have a life and residency established here in the Philippines. During your interview with the Consul, you would need to present your situation to the Consul and show that you intend to return to the Philippines with the child and that you are not in anyway circumventing the immigrant visa process.
User Asked : London - We are planning to adopt an orphan. Both of her parents have been dead now for 10 years. The U.S. Embassy was unable to tell us whether she was an orphan or not. What defines an orphan in the eyes of the US embassy?
Immigrant Visa Officer: According to U.S. immigration law, an orphan is a child and classified IR-3 or IR-4 depending on whether the child was adopted abroad or is to be adopted in the United States if:
(1) The child is under the age of 16 at the time a petition is filed on his or her behalf:
(2) The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents; or
(3) The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption.
Please note that there are very specific definitions for the above terms. For example, the term abandonment means that the child has been legally turned over to either the country’s child services agency or to a legally recognized orphanage. It does NOT include turning a child directly over to a relative. You can find more information at both www.state.gov and www.uscis.gov.
From ICAB: If you plan to adopt an orphan based on the death of birthparents, there is a need to submit a Phil. National Statistics Office (NSO) Death Certificate. Also if you plan to adopt this child, he/she must first be made eligible for adoption by the DSWD. All the legal documents of the child have to be in place. Feel free to approach any DSWD offices or you may contact us thru telephone numbers 734-86-41 or 51 from Mondays to Fridays and look for ARD Patricia Luna or Mrs. Margarita Ortega or you e-mail us at dswd_ncr@trisys.com for the documents you need to submit.
User Comment: les miller - COMMENT: THERE IS A LOT OF GOOD LEGAL INFORMATION BEING PRESENTED HERE. I WOULD SUGGEST THAT ALL INVOLVED WITH THIS SESSION PRINT OUT THE COMMENTS AND DISTRIBUTE IT TO FRIENDS AND ASSOCIATES. I CAN SEE THAT THERE IS A LOT OF MISINFORMATION ON THE STREETS ABOUT THIS VERY IMPORTANT ISSUE THAT MAY PROMPT SOME LOVING POTENTIAL PARENTS TO DO SOMETHING THAT IS EITHER ILLEGAL OR NON BINDING.
User Asked: mike santangelo - hi, I married a Filipina and she has a 15-year-old daughter. The biological father is blocking any adoption of the child. If I cannot adopt, is there still a way for her to become a US citizen. Do I have to wait until she is 18? I currently live in the Philippines with no plans to return to the US at this time
FROM DSWD: Mike Santangelo, if the child is an illegitimate child of your wife, consent of the biological father for you to adopt your child is not needed. However, if the child is legitimate, the father should give his consent for adoption before you can adopt your child in the Philippines. For the U.S. citizenship of your stepdaughter, the U.S. embassy can best answer this matter. For adoption concerns, feel free to approach any DSWD offices or you may contact us thru telephone numbers 734-86-41 or 51 from Mondays to Fridays and look for ARD Patricia Luna or Mrs. Margarita Ortega or you e-mail us at dswd_ncr@trisys.com
Consul: You can file a petition for a stepchild, which doesn’t require an adoption to take place. However, since it is for an immigrant visa you must establish and meet the requirements for the domicile in the U.S. The stepchild relationship must have been created while the child was under the age of 18 and the visa must be issued before the child is 21 to enter as an IR2. The child can be petitioned as an adult after the age of 21 in another category.
User Asked: keith - Our son is 3+ yrs old and we have had parental control since he was 7days old. The adoption had the Final Decision issued two years ago. I intend to apply for U.S. citizenship for him early next year. We do missionary work here with other children and intend to remain in the Philippines for many more years. What documentation can I start collecting now, what forms do I need and where do I submit everything for his U.S. citizenship? I am a U.S. citizen and the child is not an orphan.
Immigrant Visa Officer: Keith, you should plan on filing a petition for an IR-2 (Child of US citizen) about a year or so before you are planning to return to the US. Because you live in the Philippines, you may file it here at the Embassy with the Department of Homeland Security (window 44, located in the Immigrant Visa section. It is open Mon-Fri in the mornings only.) In order to meet the two-year residency (and parental control) requirements, you should save all documentary evidence showing your parental control, such as school registrations/report cards, any medical bills showing you as the parent, any of the normal things that parents have to show they are a parent. Also, you must present all the Philippine court rulings that prove you are the adoptive parent. Note that your petition must be filed before the child turns 21 years of age. For more information on the documentary requirements, visit www.uscis.gov and go to the FAQ section.
User Asked : mike oster- we are going to adopt a child that will due in early of march, could we bring the child in the U.S. when we come back there? What would be the best thing to accomplish with?
FROM ICAB: adopting a child who is still in the womb of the mother is illegal and blatantly violates the vulnerability of the birth mother. The child’s right is to live and be raised by his birth family. The birth mother at least must try to assume the role of a mother before giving up her child to somebody else, be it relatives or non-relatives. In what context/purpose are you bringing the child to the U.S.? A Filipino child can’t be simply brought out of the Philippines and adopted abroad without complying with the provisions of the Phil Inter-country adoption law (RA 8043) The US Embassy will not issue/grant a visa. For further clarification please communicate with ICAB at icaba@skyinet.net.
User Asked : pattersonlance@yahoo.com - For clarification, we have been residing in the PI for the last eight months. The child is living with us and we have enrolled her in a school with an American based curriculum. If we return to the States now but continue to provide her education and personal needs, and then come back to the PI in a year, does the time we are in the States count as part of the two-year relationship?
Immigrant Visa Officer: No, the two-year residency requirement is a physical residency requirement, which can be satisfied by either one or both of the adoptive parents physically living with the child. It does not have to occur all at once, though. For example, the eight months that you have spent with her recently can be added to another period of time that you have lived with her and had parental control. You can add these periods of time up to meet two years. Lastly, this residency requirement does not have to be simultaneous to the two-year legal custody requirement. Remember, though, that both legal custody and physical residence are required. Whether you do them simultaneously or independently is up to you.
User Asked : mikef - Adopted children that have met the definition of the child and are not qualified for K or V visas under the life act but are qualified for US Citizenship. If they are petitioned using the I-130 process are also ineligible for B2 visa. Children that remain resident outside of the US can process their citizenship through naturalization. The I-130 is takes a year to process. Is anything being done to change the rules to prioritize processing children already eligible for US Citizenship?
Consul: Unfortunately it is true that you can't file an I129 petition for a K or V visa for an adopted child. However, if the adopted child is eligible for expeditious naturalization under the Child Citizenship act, the American citizen parents can file a petition with USCIS for naturalization. If the petition is approved, the child then applies for a single entry B2 visa to accompany the American citizen parents to the US to complete the Naturalization process. The DHS www.uscis.gov website can give you more information. Sometimes that process can be completed quicker than the immigration visa process.
User Asked : keithg - The orphan was left on our doorstep. We managed to find the mother and she stated he was born in a multi cab in the care of a mid-wife that has signed a certificate of live birth. The parents stated that they were financially unable to care for the child and the mother was unable to breast feed for some medical reason. Additionally the father and mother were married but not to each other making both parents unable to bring the child back to their respective provinces to their family. The parents also signed a statement releasing the child to our custody. Where do we go from here?
FROM DSWD : Keithg- Although the parents signed a document releasing the child to your custody, it is not considered a legal document in court when you file your petition for adoption. If the biological parents cannot be located to sign a Deed of Voluntary Commitment in the presence of the social worker to attest that she is giving up her child to you, there is a need for the child to be legally declared abandoned by the court to make him/her free for adoption. We need to see the birth certificate from National statistics Office to help you determine the true legal status of the birth of the child. Feel free to approach any DSWD offices or you may contact us thru telephone numbers 734-86-41 or 51 from Mondays to Fridays and look for ARD Patricia Luna or Mrs. Margarita Ortega or you e-mail us at dswd_ncr@trisys.com
User Asked: londijoy - In our case the child is a native child that was left to just wander from pillar to post and wasn’t turned over to any authorities. It wasn’t until it was discovered that an uncle was abusing her that we stepped in. We have applied for legal guardianship from the DSWD and plan to pursue adoption after that. Are we doing anything illegal? When we went for the interview at the U.S. Embassy, we were accused of illegal activity, but were not told what that illegality was. We are definitely NOT trying to do anything illegal and felt that we were unjustly accused and assumed guilty without just cause. What are we doing wrong? We haven’t started the adoption process just the guardianship since she is living with us at this time. We want her to travel with us because she has psychological issues of abandonment and we don’t want to add to it. She is going to be 12 years old in January.
FROM DSWD : Londijoy-There is nothing illegal about your filing in court as the legal guardian of the child. We just wanted to know your purpose of bringing the child abroad. If you intend to adopt the child you may email us at dswd_ncr@trisys.com. However your concerns regarding U.S. visa for the child you can address it to US embassy.
Consul: To Londijoy: We can't comment on the specifics on your case here. Please contact the immigrant or nonimmigrant visa section where you had difficulty and provide the applicants full name and case number. You can go to the main embassy website for contact information.
User Asked: london - Is there a comprehensive document that can be obtained from the US Embassy that deals with all the various rules and regulations in regards to adoption in the Philippines. If so, what is the name of the document and where can it be obtained?
Consul: For more information on adoption issues, please visit the embassy’s website at: usembassy.state.gov/posts/rp1/wwwh3205.html
User Asked: london - Is this chat only with the DSWD or this a chat with both the DSWD and the US Embassy?
Consul: This chat is hosted by the embassy and involves the immigrant visa representatives, DSWD, and ICAB.
User Asked : london - When will the next chat take place that deals with adoption?
Consul: London, we haven’t set a date yet but since there is so much interest we will be happy to schedule one in the next several months. Please check back on our website www.usvirtualconsulatedavao.org.ph or add your name to our user list for updates.
User Asked: londijoy - Yes, we fully intend to adopt the child. Are we locked in to adopting her through the DSWD or are we free to acquire the use of a lawyer instead, in her case
Consul: Londijoy- You may first contact the DSWD which will assist you in the processing of your adoption application.
User Asked : london - Sorry if I am ignorant, but what is ICAB?
Consul: Inter-country adoption board
User Asked : london - Who is the inter country adoption board affiliated with? The Philippine government the US government or is it independent. Is there a way for us to contact them?
Consul: London-it is an office of the Philippine government. ICAB means Inter-country Adoption Board, which processes adoption of Filipino children by applicants who are residing abroad thru inter-country adoption. We will post contact information shortly.
User Asked: shanti - Reposting my question from the beginning of chat as it seems to have been skipped? I assist families adopting from the Philippines and we often run into a problem when the National Visa Center shows their approved I600 as being sent to the embassy in Manila, but months have passed and the embassy still says it has not received it- what to you suggest to find out the status? Is there a person to contact/call at the embassy? Also, is it better to just have adopting families with approved I600As to file the I600 in Manila instead of in the U.S. before they travel? Thank you very much
Immigrant Visa Officer: The petitioner can ask the approving USCIS office to send us an approval cable and from there we can create the case in our system. Then, we can send the packet 3 to the beneficiary. For those who have approved I-600As, petitioners can file the I-600 here in Manila with DHS/CIS at Window 44 in the Immigrant Visa Section.
Consul: We want to thank you for joining us today. Since our chat has run overtime, we will have to close it. Inter-country Adoption Board can be contacted at icaba@skyinet.net or 726-4551 or 726-4568. The web address is www.icab.com.ph.
Our representative today was Dr. Lourna Laraya Executive Director. For DSWD: The Dept of Social Welfare and Development, national Capital Region can be contacted at 734-8641 Our representative today from DSWD is Ms. Patricia Luna the OIC Assistant Regional Director. The embassy immigrant visa section can be reached at 1-909-101-7878 or go to manila.usembassy.gov/wwwh3023.html for more information.
Consul: Thank you for your participation. We look forward to your joining us again. Happy Holidays!!!
For Additional information on adoption and immigration, please check the following websites: