American Citizen Services

• Adoption of a non-orphan child
• Adoption of an orphan child
• Philippine government laws regarding adoption 
• Automatic citizenship for adopted children

 

The U.S. Department of State and the U.S. Bureau of Citizenship and Immigration Service are obliged to observe and respect both Philippine and U.S. laws concerning the adoption of children. Immigrant visa petitions can only be approved, and visas can only be issued, when the adoption is in full compliance with both countries' statutory requirements.

For U.S. immigration purposes, there are two types of adoption: orphan and non-orphan.

Immigration benefits for a non-orphan adopted child may be obtained under Section 101 (b) (1) (E) of the U.S. Immigration and Nationality Act. This section of the law has four main requirements. First, the child must be adopted before the age of 16. Second, the child must be in the legal custody of the adoptive parents for at least two years prior to the filing of an immigrant visa petition. Third, the child must have lived with the adoptive parents for at least two years prior to or after the legal adoption. Fourth, the parents must have exercised primary parental control over the child during this period. There is no provision for a waiver of these requirements.

BACK TO TOP

Section 101 (b) (1) (F) of the Immigration and Nationality Act defines an orphan as "a child under the age of sixteen at the time a petition is filed on his/her behalf who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption." This definition is rigorous and differs substantially from the common definition of an orphan. 

BACK TO TOP

In addition to the regular requirements for adoption, U.S. citizens interested in adopting a Filipino child while they are living in the Philippines must meet the following conditions:

• Be resident in the Philippines for at least three years prior to the filing of the adoption petition and maintain such residence until the adoption decree is entered by a Philippine court;

• Possess a certification of legal capacity to adopt issued by appropriate government agency from your state of residence.

To fulfill the requirement for a certification of legal capacity to adopt, the Philippine government will generally accept an approved I-130 Petition for Alien Relative, I-600A Application for Advance Processing of an Orphan, or I-600 Petition to Classify an Orphan as an Immediate Relative.

The Philippine government may waive these requirements in the following cases:

• A former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity, as defined under Philippine law; or

• A person who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or

• A person who is married to a Filipino and who seeks to adopt jointly with his/her spouse a relative within the fourth degree of consanguinity, as defined under Philippine law.

U.S. citizens who are not resident in the Philippines and who are not eligible for a waiver of the above requirements may adopt orphan children only through the inter-country adoption process. Questions relating to inter-country adoption should be directed to:

The Philippine Inter-Country Adoption Board (ICAB)

P.O. Box 1622 
#2 Chicago Corner, Ermin Garcia Streets
Barangay Pinagkaisahan, Cubao, Quezon City
The Philippines
Telephone number (632) 726-4568, fax number (632) 727-2026
E-mail: icaba@skyinet.net

BACK TO TOP

Certain foreign-born children adopted by U.S. citizens will acquire citizenship automatically once they are admitted to the United States as lawful permanent residents. In general, children immigrating to the United States in the IR2 (immediate relative-adopted child), IR3 (orphan adopted abroad), and IR4 (orphan coming to the U.S. for adoption) immigrant visa categories will automatically attain citizenship once they enter the United States. Please note that for children in the IR4 category, U.S. citizenship is contingent upon successfully completing the adoption process in the United States. 

Further information

For more information regarding immigrant visas, you may contact our Call Center. It can be reached at 1-909-101-7878, Monday to Friday, 8 a.m. to 6 p.m. (Philippine Time). There is a fee charged to callers by the Call Center for its services. You may also visit the Immigrant Visa. For general information on international adoption, click here. For general information about parental child abduction, click here

BACK TO TOP