mariposa Posted May 7, 2012 Posted May 7, 2012 Case: Foreigner will adopt the daughter of Filipina from previous strange husband, a Filipino Q. 1.Does anyone here in this forum experience to adopt a child of his Filipina wife? 1.1 How much will it cost? 1.2 How long? 1.3 Whats the procedure? Please share you experience so that we all know thanks. Link to comment Share on other sites More sharing options...
i am bob Posted May 7, 2012 Posted May 7, 2012 Great question! I'd love to know the answers myself! Link to comment Share on other sites More sharing options...
Lordblacknail Posted May 7, 2012 Posted May 7, 2012 we are in the process of adopting my wife's niece, first court appearance is tomorrow. We were told it would take one year, but worried it might be closer to 2. you are welcome to email me via pm for more details. Lots of things affect this depending what you are looking to accomplish. 1 Link to comment Share on other sites More sharing options...
Call me bubba Posted May 8, 2012 Posted May 8, 2012 (edited) in the manilatimes online edition their is a column called DEAR PAO, this person has answered many legal questions that we( the forum members) may have, I have seen an info about adoptions . Perhaps this article,listed below can assist you Dear PAO, I have an 11-year-old son with a former relationship who was duly acknowledged by his father. I am now married to a French national and we agreed to adopt my son. I am still a Filipino and the biological father of my son already gave his consent to the adoption. Can we jointly adopt my son? How long will the adoption take? RG Dear RG, Adoption is defined as a juridical act which creates between two persons a relationship similar to that which results from legitimate paternity and filiation (Commentaries and Jurisprudence on the Civil Code of the Philippines, Volume One, page 554, citing 4 Valverde 473). We highly approve of your decision to adopt your illegitimate child and thereby raising his status to that of a legitimate child. Your husband’s intention of joining you in the adoption and making your child as if he were his own is likewise commendable. The adoption of your illegitimate son will be governed by Republic Act No. 8552 or the Domestic Adoption Act of 1998 and the Rule on Adoption as provided in A.M. No. 02-6-02-SC, dated August 02, 2002). Your husband is not obligated to join you in the petition since you are adopting your own illegitimate child. However, it shall be necessary that he has signified his consent to the adoption (Section 4, Rule on Adoption). Nevertheless, this does not mean that he cannot join you in filing the petition for adoption. As a rule, an alien may only adopt if he possesses all the qualifications before a Filipino may adopt and the following additional qualifications: (a) his country must have diplomatic relations with the Philippines, (b) he must be living in the Philippines for at least three continuous years prior to the filing of the petition for adoption and maintains such residence until the adoption decree is entered, © he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and (d) his government allows the adoptee to enter his country as his adopted child. However, since your husband will be adopting your illegitimate son, the requirements pertaining to his residency and certification may be waived (Section 4, id). To jointly adopt your illegitimate son, you and your French husband should file a verified Petition for Adoption before the family court of the place where you currently reside (Section 6, id.). In addition to the consent of the biological father of your son, you also need to get the written consent of your son as he is already eleven years old and the written consents of your other illegitimate, legitimate or adopted children aged ten years old or over, should there be any (Section 9, RA 8552). If the petition for adoption is granted, your son shall be considered as you and your husband’s legitimate child and as such, will be entitled to all the rights and obligations provided by law to the other children born to you without discrimination of any kind (Section 16, id.). http://www.manilatim...re-family-court another article http://www.manilatim...-adopt-your-son Edited May 8, 2012 by Call me Bubba 3 Link to comment Share on other sites More sharing options...
SubicSteve Posted May 8, 2012 Posted May 8, 2012 If the birth father is alive you will have to get his permission to adopt the child. That will probably cost $$$$$$$. 2 Link to comment Share on other sites More sharing options...
Dzighnman Posted May 8, 2012 Posted May 8, 2012 (edited) Case: Foreigner will adopt the daughter of Filipina from previous strange husband, a Filipino Q. 1.Does anyone here in this forum experience to adopt a child of his Filipina wife? 1.1 How much will it cost? 1.2 How long? 1.3 Whats the procedure? Please share you experience so that we all know thanks. I know you stated local adoption, however, we tried local when I sought to adopt my wife's son.... straight away, we knew we were seen as a lottery ticket to the three attorneys we tried to get a scope of cost and time from. As we knew we were headed to the USA, we opted to do the adoption here, we did this in the state of Washington and the details you seek are listed below.... if for nothing else, than as a comparison to costs people see for similar actions in the Philippines. One note: He is now a dual citizen with two passports, HOWEVER, the Philippine government would not recognize his adoption in the USA, so his Philippine passport is still in his original name... we don't care as except for when he arrives into the Philippines, he travels on the US passport anyhow. 1.1 Total cost, including lawyer, social worker interviews and court fees, etc: 6,200 usd ( Lawyer: $4500.00usd) 1.2 Time, start to finish: 6 months (including a 1 month wait to see if the birth father responded to advertisements placed in local papers in the Philippines. 1.3 A. Get a lawyer B. Petition for the adoption C. Satisfy income, residential provision and social worker interview requirements. D. Wait for advertisement to birth father to run it's course (we got no reply) E. Appear in court and the judge finalizes the order of adoption. Then you find a way to explain, with compassion, to the 8 year old, that he is wanted and is loved and that his birth father just made some bad decisions in life and it is his birth father's loss to not know such a great little boy!! Edited May 8, 2012 by Dzighnman 5 Link to comment Share on other sites More sharing options...
mariposa Posted May 8, 2012 Author Posted May 8, 2012 Wow this is great. Thanks for that info my friend. More infos pls. Link to comment Share on other sites More sharing options...
chrisandging Posted May 8, 2012 Posted May 8, 2012 When we first moved to Cebu (2006) we looked into a local adoption. We ended up at the DSWD offices on the corner of Mango and M. Cuenco. I found them to be straight and honest, they run under international rules. They would not even consider me until I had lived there for 3 years. Come 2009, a child was born so no need for adoption. Anyway, what I'm trying to say is that the DSWD are experts at this, the ones I have met only cared about the children. They know the law and are willing to help. I have a low opinion of attorneys in the Philippines, I will use them as a notary and nothing else. so personally I would not employ a lawyer unless I was banged up. I'm not sure how they will be when it does not involve emptying an orphanage space but it is worth a try, not all processes here are corrupt, by my experience this one isn't. I would advise talking to one of their social workers. 2 Link to comment Share on other sites More sharing options...
Lordblacknail Posted May 8, 2012 Posted May 8, 2012 (edited) There is an age limit on you to adopt a child. Since the child is a relative, it might not apply. Our total cost for the local adoption is P50K. The cost for the readoption in the state of Washington, once we have the RP adoption, is $1200. We may or may not do that, though we probably will just for giggles, because the lady at the embassy in Manila said that once the RP adoption is final, AND the child has legally lived with us for two years, we can file an I 130 for a US visa. She said if we file it here in the RP, it will take about 30 days, in the states about a year. Once we have the visa, we go to a US territory, go through immigration, then the child is a US citizen. Apply for her passport, THEN go to SSA for benefits. SSA has told me that we need a US adoption, period, in order to qualify for SSA benefits. The embassy lady said that once we have the US passport, the SSA doesn't usually ask any questions. Edited May 8, 2012 by Lordblacknail 2 Link to comment Share on other sites More sharing options...
billten Posted May 8, 2012 Posted May 8, 2012 so personally I would not employ a lawyer unless I was banged up Sorry to say that i agree, but... i am pretty sure that an adoption requires a case to be filed in family court and only a lawyer can do that. So you gotta get a lawyer :-( 1 Link to comment Share on other sites More sharing options...
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