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Adoption finalized In Philippines Before Hague Convention

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  • Adoption finalized In Philippines Before Hague Convention

    Orphaned/Abandoned Children Adoptions Finalized In Philippines, A Hague Convention Country, Prior To 1 April 2008, TRANSITIONAL?

    INFORMATION ABOUT OUR CASES

    The petitioner’s date of birth,
    12 JUNE 1964
    13 APRIL 1961

    The petitioner’s country of birth,
    UNITED STATES
    PHILIPPINES (Naturalized US Citizen)

    NO A-NUMBER associated with the case

    The ages of the children adopted
    Age 6 DOB: 13 April 2002
    Age 8 DOB: 06 July 1999

    My Wife is the biological grandmother of the adopted children. The children are the biological children of her only child. The children were bought to us by a cousin of petitioner-wife in early 2005. The cousin brought them to us because the children’s mother abandoned them with relatives in Surigao. These relatives were poorly motivated and ill equipped to handle the additional emotional, spiritual, and financial responsibility. We have taken custody of, supported, cared for, and loved them as ours since early 2005.

    We have been informed by U.S. Embassy that legal custody does not start until the date we petitioned to adopt. Hence we cannot use Form I-130 until August 2009.

    The name of the place children were Declared Abandoned and adopted
    REPUBLIC OF THE PHILIPPINES REGIONAL TRAIL COURT (RTC)
    THIRD JUDICIAL REGION BRANCH 73
    OLNGAPO CITY, ZAMBALES, PHILIPPINES

    The dates related to the Judgment of Abandonment of the children
    filed for two of our grandchildren (now our children) to be declared abandon, 20 Nov 2006.
    The Decision was granted with entry of Judgment as Abandoned handed down February 9, 2006 by -RTC Branch 73.

    The dates related to the adoption of the children
    We filed for Adoption with RTC Branch 73 15May 2007
    Received by RTC Branch 73 on AUGUST 2, 2007
    Certified by RTC 73 on MARCH 4, 2008
    February 11, 2008 Adoption Final Decree, from RTC Branch 73

    "Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption, which took effect April 1, 2008. Adoption cases from other Convention countries, initiated but not completed prior to that date, are considered “transition” cases."

    What does “Transition” Case mean for children immigrating to the United States from a Hague Convention Country?

    Do we file form I-600 or I-800?

    If I-800, how? All the requirements in I-800A and I-800 appear to only to apply to PAPs (Prospective Adoptive Parents).

    Any input on this is greatly appreciated. We have been trying to figure out how the rules apply to us since first attempting to file Forms I-30 for the children on 4 April 2008.

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