American citizen seeks to adopt infant girl
"I have a brother-in-law who is a naturalized American citizen. He has been in the US for more than 20 years. Last August 2010, while he was on vacation he brought home a week-old baby girl from Manila and had her baptized. Although he is not the biological father, he agreed to have his name as the father on the birth certificate with the consent of the childs mother. The unwed mother waived all her rights to my brother-in-law in order that her child can have a bright future in the US The baby girl was left in our care when my brother-in-law returned to the US in August 2010. He regularly sends allowance for his childs care. On the childs first birthday, he came home to witness it. Now, my brother-in-law wants his child to be brought to the US. Of course, if the DNA test is conducted the result will be obvious as he is not the biological father. My question is, can my brother-in-law adopt the child legally notwithstanding the fact stated above? Thank you,
Your brother-in-law, being an American citizen, may adopt the child under Republic Act (R.A.) No. 8043, otherwise known as the Inter-Country Adoption Act, provided he possesses all the qualifications and none of the disqualifications of an adopter, the adoptee is susceptible of adoption, and the Inter-Country Adoption Board decides that inter-country adoption would be for the best interest of the child.The qualifications of an adopter under Sec. 9 of R.A. 8043 are:
Sec. 9. Who May Adopt.An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she:(a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent:
(b) if married, his/her spouse must jointly file for the adoption(c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate coun¬seling from an accredited counselor in his/her country(d) has not been convicted of a crime involving moral turpitude(e) is eligible to adopt under his/her national law
(f) is in a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child to be adopted(g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the UN Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act(h) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national laws and(i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws.For a child to be qualified for adoption, he/she must be a legally-free child. A legally-free child means a child who has been voluntarily or involuntarily committed to the Department of Social Welfare and Development (DSWD) in accordance with the Child and Youth Welfare Code. Only a legally-free child may be the subject of Inter-Country Adoption.Furthermore, the Inter-Country Adoption Board shall ensure that all possibilities for adoption of the child under the Family Code have been exhausted and that Inter-Country Adoption is in the best interest of the child (Sec. 7 of R.A. 8043). Moreover, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we have fully addressed your queries.Editors note: Dear PAO is a daily column of the Public Attorneys Office. Questions for Chief Acosta may be sent to email@example.com"
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"American citizen seeks to adopt infant girl"
was written by Mary
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comments. The article was created on 14 September 2021
and updated on 14 September 2021