Adoption of biological child by my husband

anonymous
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I and my husband would like to adopt my 14 years old daughter from singlehood. I had her when I was 20 years old. My daughter is under my name but the biological father acknowledged her and signed the birth certificate. Currently my daughter is living with my parents in Philippines. My husband and I would like to proceed with the adoption so we can bring her to UAE permanently. Because as per UAE law, a mother cannot apply for a residence visa for a child or family member here in UAE only the father is allowed to sponsor. Both my daughter and husband are willing to do the adoption. What would be the process that we have to undergo to adopt my daughter? Upon filing a petition for adoption, do we get a filing/application number? The biological father on the other hand did not provide any monetary means to support the child while she is growing up because he himself has children and live in partner to support. Can we just opt to disregard him in the process in case that he did not agree with the adoption?

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
This type of adoption falls under the Inter-Country Adoption Law. You can read all about it in my post on Adoption. You can find it under Family Law on this website.

You will need to file an application with the ICAB (not the courts). The ICAB will make sure that your daughter will not become stateless, will not be neglected or abused or trafficked. That is the reason why adoptions of Filipino children by foreigners have to go through the ICAB.

The Social Welfare office in UAE will conduct a Home Study and submit a Home Study Report. Here in the Philippines, the DSWD will conduct a Child Study and submit a Child Study Report. YOu will have to demonstrate that you have the financial and emotional capacity to raise a child.

You will also have to prove that your daughter's biological father consents to the adoption. If you cannot find him, you must do your best to locate him so that he can participate in the proceedings. If you cannot find him, then, you will have to prove that he has abandoned his daughter.

Please consult the article I wrote here, it might be helpful to you. You may also Google the Inter-Country Adoption Board of the Philippines so that you can get information from them.

What is good is that the proceedings before the ICAB are administrative. You will not need a lawyer there. And, the judicial decree of adoption will be issued by the UAE court. As soon as the ICAB approves the adoption here, you will be able to bring your daughter to the UAE. Proceedings in the ICAB will also cover the migration for your daughter to the UAE.

Please consult a lawyer so that you can be sure of what you need to do, just in case you need help and information.
Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Please read this post, it might help you:

http://www.buhayofw.com/legal-advice/family-law/adoption-o-pag-aampon-proseso-at-kwalipikasyonang-pagbibigay-linaw-sa-5746fd544e2c0

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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