Legally hw to adopt a child frm my sister cousin
I'm living abroad, and I want to adopt a child from my sister's cousin. What will be the legal procedure? Would I be able to take a child with me legally? Will I get his or her visa by submitting what documents, and how much will it cost me? And how long will the whole procedure take?
Lawyer Answers
RI & Associates
Pak-Lawyer Associates
he procedure is simple and involves the following steps:
Preparation of an Adoption Deed
Filing of a Guardianship Petition before the Guardian Judge
Issuance of Guardianship Certificate – Usually granted within 30 days from the date of filing
Permission to Travel Abroad – Requires a separate application before the same court and is generally granted within 10 to 15 days
This permission is essential for the issuance of the minor’s passport and visa.
M BILAL ADVOCATES, CORPORATE & TAX CONSULTANTS
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Recososa Law Firm
First, adoption in the Philippines is governed primarily by Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998, as amended, and by Republic Act No. 8043, also known as the Inter-Country Adoption Act of 1995, for cases where the prospective adoptive parent is residing abroad.
a.) If you intend to adopt the child in the Philippines, you must file a petition for adoption before the Family Court. The requirements include your capacity to adopt, proof of financial capability, moral character, and a home study report. Since the child is a relative within the fourth civil degree, the law considers it a relative adoption, which is generally faster and less strict compared to non-relative adoptions.
b.) If your intention is to bring the child abroad, then inter-country adoption procedures must be observed. This will require coordination with the Inter-Country Adoption Board (ICAB), which is the central authority in the Philippines. The adoption must first be finalized locally or through ICAB before the child can legally leave the country. Once granted, the child will be issued the necessary clearances and travel documents.
c.) As to visa matters, after the adoption is finalized and the Certificate of Finality of the adoption decree is issued, you can apply for the child’s passport and secure the appropriate visa from the embassy or consulate of the country where you are residing. The visa requirements will depend on your host country’s immigration laws, but the adoption decree, amended birth certificate, and clearances from ICAB will form the core documents.
d.) On the timeline, domestic adoption may take about 6 months to more than a year depending on the court docket and completeness of requirements. Inter-country adoption may extend further due to coordination with both Philippine and foreign authorities.
e.) On the cost, it will vary depending on whether you pursue domestic or inter-country adoption. This covers filing fees, clearances, home study, and professional fees. We can give you a detailed cost estimate once we assess the specifics of your case.
Adoption is a beautiful legal and personal step, but it requires strict compliance with Philippine and international laws to ensure the child’s welfare and that you can take him or her abroad without future problems.
I am Atty. Jofre B. Recososa, the owner of Recososa Law Firm, with offices in Luzon, Visayas, and Mindanao. We can schedule an initial consultation via Google Meet or Zoom, or you may also visit one of our offices for a physical consultation. If these answers your question to your satisfaction, I hope it is not too much to ask that you like and share our Facebook page and leave us a rating on our Google page. This will surely inspire us to do more of this here:
Best regards,
Atty. Jofre B. Recososa
Recososa Law Firm
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