Domestic adoption Philippines

ducksy1968

:)Hi Folks

Just looking for some help please,my wife who is a Filipino / irish citizen who is currently living in the Philippines taking sole care of our niece ( 6 weeks old ),we have started the domestic adoption process in the Philippines and my wife will stay there until it is completed,

then our future plan would be to bring the child back to Ireland,our lawyer said there should be no problem with the adoption in the Philippines as both parents have given consent and it is a relative adoption,

i am living in Ireland as i need to support my wife and child as my wife gave up her job here to go live back in the Philippines,

once the adoption is finalized in the Philippines and we get the new birth cert can we apply for an irish passport for our daughter,do we need to register the adoption in Ireland and also is it ok that both of us are not living in the Philippines

Any help would be great.

Kind regards

S

The_Conductor

First off- you really need to get professional advice on this one- I can add my tuppence below (and I will)- but you *need* to ask a professional the various questions.

then our future plan would be to bring the child back to Ireland,our lawyer said there should be no problem with the adoption in the Philippines as both parents have given consent and it is a relative adoption,

Sounds accurate- from a Philippine perspective.
From an Irish perspective- you have a big big problem.
The Philippines are not a signatory to the Hague Convention.
You need to get professional advice on what this means from an Irish perspective. Don't go by what I or anyone else says- get proper advice.

once the adoption is finalized in the Philippines and we get the new birth cert can we apply for an irish passport for our daughter,do we need to register the adoption in Ireland and also is it ok that both of us are not living in the Philippines

You need to apply to the General Register via the Adoption Authority,to have the child entered in the Adopted Children's Register- before you can apply for an Irish passport for the child. Once again- the absence of The Philippines from the Hague Convention could be a stumbling block- you *need* to clarify this.

I hope it works out for you- as you seem to have the best interests of the child at heart- but you need to check how exactly to get around the fact that it may be difficult to register the child as an Irish adopted child.

ducksy1968

Last Updated: August 2013
The following countries are parties to the Hague Adoption Convention. We refer to these countries as Convention Countries. Intercountry adoptions between the United States and Convention countries are governed by Hague adoption procedures.
Countries absent from the list are not party to the Hague Adoption Convention. We refer to those countries as non-Convention countries. Intercountry adoptions between the United States and countries not listed below must follow non-Hague adoption procedures.
NOTE: U.S. citizens are currently not able to complete Convention adoptions from the countries in bold. Please visit our Country Information pages for more information about individual countries.
CONVENTION COUNTRIES

• Albania
• Andorra
• Armenia
• Australia
• Austria
• Azerbaijan
• Belarus
• Belgium
• Belize
• Bolivia
• Brazil
• Bulgaria
• Burkina Faso
• Burundi
• Cambodia
• Canada
• Cape Verde
• Chile
• China (and Hong Kong)
• Colombia
• Costa Rica
• Cuba
• Cyprus
• Czech Republic
• Denmark
• Dominican Republic
• Ecuador
• El Salvador
• Estonia

• Fiji
• Finland
• France
• Georgia
• Germany
• Greece
• Guatemala
• Guinea
• Hungary
• Iceland
• India
• Ireland
• Israel
• Italy
• Kazakhstan
• Kenya
• Latvia
• Lesotho
• Liechtenstein
• Lithuania
• Luxembourg
• Macedonia
• Madagascar
• Mali
• Malta
• Mauritius
• Mexico
• Moldova
• Monaco
• Mongolia

• Montenegro
• Netherlands
• New Zealand
• Norway
• Panama
• Paraguay
• Peru
• Philippines
• Poland
• Portugal
• Romania
• Rwanda
• San Marino
• Senegal
• Seychelles
• Slovakia
• Slovenia
• South Africa
• Spain
• Sri Lanka
• Swaziland
• Sweden
• Switzerland
• Thailand
• Togo
• Turkey
• United Kingdom
• Uruguay
• Venezuela
• Vietnam

ducksy1968

It seems that the Philippines are hague convention countries,may i ask why you think they are not,many thanks in advance,and do you think our chances are better now.
Last Updated: August 2013

The following countries are parties to the Hague Adoption Convention. We refer to these countries as Convention Countries. Intercountry adoptions between the United States and Convention countries are governed by Hague adoption procedures.

Countries absent from the list are not party to the Hague Adoption Convention. We refer to those countries as non-Convention countries. Intercountry adoptions between the United States and countries not listed below must follow non-Hague adoption procedures.

NOTE: U.S. citizens are currently not able to complete Convention adoptions from the countries in bold. Please visit our Country Information pages for more information about individual countries.

CONVENTION COUNTRIES

Albania
Andorra
Armenia
Australia
Austria
Azerbaijan
Belarus
Belgium
Belize
Bolivia
Brazil
Bulgaria
Burkina Faso
Burundi
Cambodia
Canada
Cape Verde
Chile
China (and Hong Kong)
Colombia
Costa Rica
Cuba
Cyprus
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
Fiji
Finland
France
Georgia
Germany
Greece
Guatemala
Guinea
Hungary
Iceland
India
Ireland
Israel
Italy
Kazakhstan
Kenya
Latvia
Lesotho
Liechtenstein
Lithuania
Luxembourg
Macedonia
Madagascar
Mali
Malta
Mauritius
Mexico
Moldova
Monaco
Mongolia
Montenegro
Netherlands
New Zealand
Norway
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Romania
Rwanda
San Marino
Senegal
Seychelles
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Swaziland
Sweden
Switzerland
Thailand
Togo
Turkey
United Kingdom
Uruguay
Venezuela
Vietnam

ducksy1968

The_Conductor wrote: »

First off- you really need to get professional advice on this one- I can add my tuppence below (and I will)- but you *need* to ask a professional the various questions.



Sounds accurate- from a Philippine perspective.
From an Irish perspective- you have a big big problem.
The Philippines are not a signatory to the Hague Convention.
You need to get professional advice on what this means from an Irish perspective. Don't go by what I or anyone else says- get proper advice.



You need to apply to the General Register via the Adoption Authority,to have the child entered in the Adopted Children's Register- before you can apply for an Irish passport for the child. Once again- the absence of The Philippines from the Hague Convention could be a stumbling block- you *need* to clarify this.

I hope it works out for you- as you seem to have the best interests of the child at heart- but you need to check how exactly to get around the fact that it may be difficult to register the child as an Irish adopted child.

it seems the philippines is a hague convention country,may i ask why you thought other wise,and do you think it strenghtens our chance ,kind regards
Sean.:)

The_Conductor

ducksy1968 wrote: »

it seems the philippines is a hague convention country,may i ask why you thought other wise,and do you think it strenghtens our chance ,kind regards
Sean.:)

Hi Sean-

I used the table in Wikipedia here- it would appear that it may be out of date, and The Philippines may be very recent signatories of the convention.

If they are signatories- it removes one massive stumbling block- however, you really really need to get professional advice.

Regards,

The_Conductor

ducksy1968

Thats the big problem know one seems to know how ot works consodering my wife has dual citizenship,my thinking is once the adoption is finalized in my wifes birth country and it is all above board and legal,then we should be allowed to bring back to Ireland.

Kind regards

Sean.

The_Conductor

ducksy1968 wrote: »

Thats the big problem know one seems to know how ot works consodering my wife has dual citizenship,my thinking is once the adoption is finalized in my wifes birth country and it is all above board and legal,then we should be allowed to bring back to Ireland.

Kind regards

Sean.

Is your wife adopting on her own- or are you adopting too?
If its on her own- as her niece, she would legally be the adoptive mother of the child. You, on the otherhand, would be a stranger in law to the child- and would have to adopt the child yourself- either jointly or separately. As a stranger in law to the child- should anything ever happen to you- your daughter wouldn't be entitled to inherit from you (other than the limits associated with bequeathing to a stranger)- or she would incur the most horrendous of tax liabilities.

There are people out there who are familiar with the current legislation, as it pertains- and you *need* to get professional advice.

Adopting in the Philippines- is fine for your wife, from a Philippine perspective (presumably- I don't know the ins and outs of the situation)- however, its not a simple exercise to bring the girl back to Ireland- get her an Irish passport- and you all live happily ever after.

At very least you need to visit a solicitor- who if they are unfamiliar with the law- should at least be able to point you in the right direction.

Doing this- without having the pertinent facts at hand- is imprudent, and potentially costly in the longer run.

rinsjwind

Hi Sean

You need to get in touch with the Adoption Authority of Ireland, 01-2309300. Only they can decide if a foreign adoption can be recognised here in Ireland and the lads above are correct, it can be extremely difficult and complicated but the AAI annual reports do list adoptions from the Philippines so it is possible.

Best wishes

Rins

ducksy1968

Hi thanks for the feed back people,i have spoken to many agencies and know one is really sure how this will play out,i guess we will have to see.

boscoh

Hi, you said you spoke to many agencies.
which agency was helpfull, as we are in a similar situation.
were abit stuck, and could do with some advice

ducksy1968

boscoh wrote: »

Hi, you said you spoke to many agencies.
which agency was helpfull, as we are in a similar situation.
were abit stuck, and could do with some advice

Hi boscoh
Can you call me on my return from the Philippines next week I will pm you my number.

sawdoubters

Philippines is governed by the Hague Adoption Convention. Therefore to adopt from the Philippines, you must first be found eligible to adopt by the iris government,
RESIDENCY REQUIREMENTS: interested in completing a full and final adoption of a Filipino child while they are living in The Philippines must be residents of The Philippines for at least three years prior to the filing of the adoption petition, maintain such residence until the adoption is finalized, and posses a certificate of legal capacity to adopt issued by the appropriate agency from the state of residence. Prospective adoptive parents who meet these requirements should file a petition for adoption with the Philippines Court to begin the adoption process. The Philippines Government may waive these requirements if the prospective adoptive parent is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity as defined by Philippines law, or the prospective adoptive parent is a person who seeks to adopt the legitimate child of his/her Filipino spouse.

 not meeting these residency requirements will have to adopt through the Inter-Country Adoption Board procedures. This involves gaining legal custody for the purpose of adoption and completing a full and final adoption after a six-month trial period. AGE REQUIREMENTS: Based on the Inter-Country Adoption Law of the Philippines (Republic Act No. 8043), the adoptive parent must be at least 27 years of age and at least 16 years older than the child to be adopted at the time of application, unless the adopter/adoptive parent is the biological parent of the child to be adopted or the spouse of such parent.
MARRIAGE REQUIREMENTS: If prospective adoptive parents are married, they must file jointly for adoptionBecause the Philippines is party to the Hague Adoption Convention, children from the Philippines must meet the requirements of the Convention in order to be eligible for adoption. For example, the Convention requires that the Philippines attempt to place a child with a family in-country before determining that a child is eligible for intercountry adoption. In addition to the Philippine’s requirements, a child must meet the definition of a Convention adoptee Relinquishment Requirements: A child is “committed” by way of the “Deed of Voluntary Commitment,” a document used by DSWD asking for signature from the biological parents prior to matching the child with a prospective adoptive parent. The document is essentially the consent of the parent(s), releasing the child to DSWD for subsequent adoption. In the event that the child is abandoned or neglected and no parent is available to sign the “Deed of Voluntary Commitment,” the DSWD instead obtains a commitment order from the court. This endorsement certifies that intercountry adoption is in the best interests of the childBecause The Philippines is party to the Hague Adoption Convention, adopting from The Philippines must follow a specific process designed to meet the Convention’s requirements.


https://www.gov.uk/adoption-in-the-philippines

coia

Hi, do u have any updates as myself and hubby are going to b in the same boat pls.