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Domestic Adoptions (Not for Immigration Purposes)

U.S. citizens residing in the Philippines who are interested in adopting a Filipino child through

the Philippine ourts must meet the following conditions pursuant to Philippine adoption law!

"e resident in the Philippines for at least three #ears prior to the filing of the adoptionpetition and maintain such residence until the adoption decree is entered $# the Philippine

court.

Possess a certification of legal capacit# to adopt issued $# the appropriate go%ernment

agenc# from #our state of residence.

&he Philippines go%ernment ma# wai%e these re'uirements in the following cases!

A former Filipino citizen who sees to adopt a relati%e within the fourth degree of

consanguinit# as defined under Philippines law* or

A person who sees to adopt the legitimate son+daughter of his+her Filipino spouse

I,P-&AN& N-&I/ &- PA/N&S A"-U& D-,/S&I AD-P&I-NS

U.S immigration law has clear and specific pro%isions regarding 'ualifications for immigration.

If #ou are attempting to $ring someone who is not #our child $# $irth the following conditionsmust $e met $efore that child can $e eligi$le for an immigrant %isa!

&he child must ha%e $een legall# adopted $efore the age of 01 (or $e the si$ling of a child

who was adopted $# the same parents while under the age of 02). &he adoption must $e

legal and final. Simpl# pro%iding financiall# for the child does not satisf# the legaladoption re'uirement. &o satisf# U.S. %isa re'uirements the child must ha%e $een legall#

adopted pursuant to a final decree issued $# a court ha%ing 3urisdiction o%er the matter.

In addition to the adoption decree there are two additional re'uirements!

&he adopti%e parents must ha%e had legal custod# of the child for at least two #ears.

45egal custod#6 must $e awarded $# order of a court or recognized go%ernment entit#.&he start of legal custod# $egins the date the adopti%e parents were granted legal custod#

of the child or the date the adoption was finalized which e%er comes first. An informal

custodial or guardianship document such as a sworn affida%it signed $efore a notar#

pu$lic is insufficient for this purpose.

&he child must ha%e ph#sicall# resided with the adopti%e parents for at least two #ears

prior to immigration. During this time the adopti%e parents must e7ercise primar#

parental control. /%idence must $e presented to esta$lish that the child and the adopti%eparents had a $ona fide parent8child relationship during an# periods the# resided

separatel#.

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Finall# the child must satisf# all primar# documentar# re'uirements for an immigrant %isa and

pro%ide the following documents to esta$lish their legal status as a child of the petitioner!

A certified cop# of the adoption decree

A certified cop# of the ertificate of Finalit# of the adoption A certified cop# of the child9s original $irth certificate $efore the adoption

A certified cop# of the child9s $irth certificate amended after the adoption

&he legal custod# decree (if custod# was awarded $efore the adoption)

/%idence that the child resided with the adopti%e parents for at least two #ears during

which time the# e7ercised primar# parental control and

If the child was adopted at age 01 or 0: #ears e%idence that the child was adopted

together with or su$se'uent to the adoption of a natural si$ling who was under age 01

$# the same adopti%e parent(s).