Adoption Scenario - What Are The Benefits To The Child?

[GregZ]

I believe it's the same for US as Canada... You can get it for her while in the Philippines...

One thing to be aware of... Adopt her through the US rather than the Philippines court system... If, for any reason you have to go back to the US, the adoption may not hold up if done under Philippines... Or, if it does get recognized, you will still have a headache getting her into the US with you...

Actually, it is Philippines adoption we are considering. U.S. adoption, I have not even thought of. I would suspect that anything done in the U.S. would be hugely expensive.

This is exactly what I have researched lately. No worry about adoption "holding up". A legal adoption in the Philippines is recognized by the US. IF you decided to take her to the US later it would just have to be 2 years from the date of court order of adoption. Then apply for the visa.

IF you adopted through the USA you have to meet Hague Convention requirements, US federal requirements AND state requirements. That involves an adoption agency, lawyer, parental training classes, fitness assessments, and a few other things.

You can imagine it costs $10-$40,000 (what I read) depending on your particular situation. AND this is only done if you are going to live inside the US as it involves visa interviews at the embassy.

I'm adopting here. US with the child? It might happen one day.

Keep in mind that I am not a lawyer. I also have a few unanswered questions of my own about the nitty gritty details.

Sent from my SM-N900T using Tapatalk

[OnMyWay]

IF you decided to take her to the US later it would just have to be 2 years from the date of court order of adoption. Then apply for the visa.

 

Thanks for this Greg.  I assume here you are talking about a residence visa.

 

I ask because I do plan to take the family to the U.S. for a visit in a few years, and I will apply for a tourist visa for her.  Her mom has already been to the U.S. a few times and her half sisters (one more on the way!) are / will be dual citizens.  I don't think it will be an issue to get her tourist visa.

[OnMyWay]

Read the whole thing.  http://manila.usemba...v/wwwhadop.html  I don't know what provision they would have for a child who is not going to use the Immigrant Visa immediately.   The process is too demanding, having read the requirements, I don't know. The signature of the birth father could be a major problem before you even get started.

 

Thanks Chris!  I read the bottom part about domestic adoptions and it does seem to apply.  It appears that adopting her would open some doors for her if she decided to immigrate to the U.S. when she is older.

 

Still not sure about SS, etc.

[Jake]

That could be an issue.  By coincidence, she will be seeing her birth father this weekend for the first time in 3 years.  He is an OFW for the past 5 years but has never contributed a dime to her upbringing, except for gifts the few times he has seen her.  Now that you mention it, that is one of the reasons we were discussing the "benefit" to the child.  We would have to convince him that the adoption will benefit her and thus he should agree to it.

 

I'm sorry Don but I don't have a warm and fuzzy feeling about this deadbeat father.  May I suggest that you and your wife get together and think of all the scenarios to counter attack him, if he tries to get some sort of compensation from you.  I would also suggest direct supervision (like looking over his shoulder) when he comes near your daughter.  Do not invite him to your residence.  

 

He sounds like a hit and run type of guy -- cannot be trusted.  Sorry, but that's my gut feeling.  Respectfully -- Jake

[OnMyWay]

 

That could be an issue.  By coincidence, she will be seeing her birth father this weekend for the first time in 3 years.  He is an OFW for the past 5 years but has never contributed a dime to her upbringing, except for gifts the few times he has seen her.  Now that you mention it, that is one of the reasons we were discussing the "benefit" to the child.  We would have to convince him that the adoption will benefit her and thus he should agree to it.

 

I'm sorry Don but I don't have a warm and fuzzy feeling about this deadbeat father.  May I suggest that you and your wife get together and think of all the scenarios to counter attack him, if he tries to get some sort of compensation from you.  I would also suggest direct supervision (like looking over his shoulder) when he comes near your daughter.  Do not invite him to your residence.  

 

He sounds like a hit and run type of guy -- cannot be trusted.  Sorry, but that's my gut feeling.  Respectfully -- Jake

 

 

Jake, I will never meet him unless there is a real reason to in the future.  He has seen his daughter twice since I have been in her life and we did not have any issues with the visits.  This will be the 3rd time.  They stay at her grandma's house and Abby does not have any ill will against the grandma and the rest of the family.  Abby is the one who has to make the decision on the visits.  She doesn't like it, but I think legally he still has the right to see his daughter.

 

Luckily he is an OFW now and can't come home very often, so the visits have all been during the holiday periods.  As far as how our daughter feels about him, I don't think she feels much at all and just tolerates the visits because the family spoils her and she brought home a lot of gifts last time.  She does not really want to go, I think.

 

I'm not too worried about him asking me for anything at this point.  I think it is more about building a case to present to him, saying that adoption would open doors for her.  Abby seems to think he would sign the papers.

[intrepid]

I'm sorry Don but I don't have a warm and fuzzy feeling about this deadbeat father. May I suggest that you and your wife get together and think of all the scenarios to counter attack him, if he tries to get some sort of compensation from you. I would also suggest direct supervision (like looking over his shoulder) when he comes near your daughter. Do not invite him to your residence. He sounds like a hit and run type of guy -- cannot be trusted. Sorry, but that's my gut feeling. Respectfully -- Jake

 

Don,

I have to agree 100% with Jake on this.  Even though I know no one involved, I too have my gut feelings.  Through my years of work and experiences, I have found my gut is usually better than my mind.  But taking in all you have said, I think you should heed Jakes advise.  Just be careful.  With the direct supervision, I would suggest a family member be with them at all times, hopefully her mother.  Not you even if you do have a good relationship with him now.

[OnMyWay]

 

I'm sorry Don but I don't have a warm and fuzzy feeling about this deadbeat father. May I suggest that you and your wife get together and think of all the scenarios to counter attack him, if he tries to get some sort of compensation from you. I would also suggest direct supervision (like looking over his shoulder) when he comes near your daughter. Do not invite him to your residence. He sounds like a hit and run type of guy -- cannot be trusted. Sorry, but that's my gut feeling. Respectfully -- Jake

 

Don,

I have to agree 100% with Jake on this.  Even though I know no one involved, I too have my gut feelings.  Through my years of work and experiences, I have found my gut is usually better than my mind.  But taking in all you have said, I think you should heed Jakes advise.  Just be careful.  With the direct supervision, I would suggest a family member be with them at all times, hopefully her mother.  Not you even if you do have a good relationship with him now.

 

 

I think maybe you were writing this before you read my last reply?

 

She will be with her grandma and her aunties the whole time and Abby trusts them.  She has maintained a bit of a relationship with them over the years.

[Mike J]

Still not sure about SS, etc.

 

I have done a lot of research as my wife and I may adopt our 2 year old nephew.  The father passed a year ago and the parents discussed it at length before he died, but the mother is still torn and unable to make a final decision.  In the interim we help to provide a loving, stable, and supporting environment for mother and child.

 

A child adopted overseas and living outside the US is not eligible for social security payments.  At first I was upset when I discovered this, but after pondering it for awhile I have to agree.  I now believe the exclusion is in place to prevent expats from adopting children for the sole purpose of generating income.  I am not even remotely suggesting that is the case for anyone here who, like my wife and me, are exploring adoption.

 

https://www.ssa.gov/pubs/EN-05-10137.pdf

[OnMyWay]

 

Still not sure about SS, etc.

 

I have done a lot of research as my wife and I may adopt our 2 year old nephew.  The father passed a year ago and the parents discussed it at length before he died, but the mother is still torn and unable to make a final decision.  In the interim we help to provide a loving, stable, and supporting environment for mother and child.

 

A child adopted overseas and living outside the US is not eligible for social security payments.  At first I was upset when I discovered this, but after pondering it for awhile I have to agree.  I now believe the exclusion is in place to prevent expats from adopting children for the sole purpose of generating income.  I am not even remotely suggesting that is the case for anyone here who, like my wife and me, are exploring adoption.

 

https://www.ssa.gov/pubs/EN-05-10137.pdf

 

 

Thanks Mike!  I was not expecting anything from SS and it appears she would not get anything.  It is kind of a moot point anyway because my other 2 kids can collect SS when I am eligible, and those 2 will use up the majority of the child benefit.  Adding a 3rd would split the same money 3 ways, I believe.

 

So far, the main benefit I see for her is that adoption by me would give her an advantage if she decided later in life to immigrate to the U.S.  I don't think going to university in the U.S. is an option as it is too damn expensive.  New Zealand would be better for that.

 

I sent a message about this to SS last night.  I will share the reply when I get it.

Edited January 15, 2016 by OnMyWay

[OnMyWay]

I sent a message about this to SS last night.  I will share the reply when I get it.

 

Following up as promised.  SS answered my question with a generic copy / paste that covers many related topics.  It confirms that an adopted child would need to live in the U.S. for some time before being eligible for benefits.  

 

There might be some useful information in there for someone.  Reply pasted below.

 

Thank you for contacting the Social Security Administration.

We apologize for the delay in answering your inquiry. We regret any inconvenience this may have caused.

 

 

If you are a U.S. citizen, you can travel or live in most foreign countries without affecting your eligibility for Social Security benefits. However, there are a few countries - Cuba, North Korea, Vietnam, and many of the former U.S.S.R. republics (except Armenia, Estonia, Latvia, Lithuania, and Russia) - where we cannot send Social Security checks.

 

If you are not a U.S. citizen, your payments will stop after you have been outside the United States for six calendar months unless you meet one of several exceptions that will permit you to continue receiving benefits abroad. These exceptions are based, for the most part, on your citizenship. For example, if you are entitled to worker’s benefits and are a citizen of one of the many countries with which the United States has a reciprocal arrangement to pay each other’s citizens in another country, your Social Security benefits may continue after you leave the United States.

 

You may find our Payments Abroad Screening Tool helpful if you are planning to move to another country. You can access the Tool at the following Internet address:

 

http://www.ssa.gov/international/payments_outsideUS.html

 

If you work outside the United States, different rules apply in determining if you can get your benefits.

 

Most people who are neither U.S. residents nor U.S. citizens will have 25.5 percent of their benefits withheld for federal income tax.

 

If you receive benefits as a dependent or survivor of the worker, special requirements may affect your right to receive Social Security payments while you are outside the United States. If you are not a U.S. citizen, you must have lived in the United States for at least five years. During those five years, the family relationship on which benefits are based must have existed.

 

Children may meet this residency requirement on their own or may be considered to have met the residency requirement if it is met by the worker and other parent (if any). However, children adopted outside the United States will not be paid outside the United States, even if the residency requirement is met.

 

For more information about receiving benefits abroad, and to see a list of countries that have reciprocal agreements with the United States, we recommend you access the booklet, “Your Payments While You Are outside the United States,” available at the following Internet address:

 

http://www.socialsecurity.gov/pubs/10137.html

                                                  

When you qualify for Social Security retirement or disability benefits, your children may also qualify to receive benefits on your record.  Your eligible child can be your biological child, adopted child, or stepchild.  A dependent grandchild may also qualify.

 

To receive benefits, the child must meet the following criteria:

 

-- be unmarried; and

-- be under age 18; or

-- be 18-19 years old and a full-time student (no higher than grade 12); or

-- be 18 or older and disabled from a disability that started before age 22.

 

Normally, benefits stop when children reach age 18 unless they are disabled.  However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits will continue until the child graduates or until two months after the child becomes age 19, whichever is first.

 

Within your family, each qualified child may receive a monthly payment up to one-half of your full retirement benefit amount, but there is a limit to the amount that can be paid to the family as a whole.  This total depends on the amount of your benefit and the number of family members who also qualify on your record.  The total varies, but it is generally equal to about 150 to 180 percent of your retirement benefit.

 

No auxiliary benefits are payable to family members under the Supplemental Security Income (SSI) program.

 

More information may be found in our publication called Benefits for Children, publication number 05-10085, which is available on our Web site at the following Internet address:

 

http://www.socialsecurity.gov/pubs/10085.html

 

If you prefer, you may obtain the publication from our representatives at our toll-free number, 1-800-772-1213.  They will be glad to mail it to you.

 

Many of our other publications are available on the Internet at the address below:

 

http://www.socialsecurity.gov/pubs/englist.html

 

You can apply for benefits by phone or in person at any Social Security office.  Call 1-800-772-1213 to make an appointment and to avoid any loss of benefits.  If you are deaf or hard of hearing, call our toll-free TTY number, 1-800-325-0778.

 

You can obtain the location and other information about your local Social Security office by calling our toll-free telephone number or by accessing the following Internet address:

 

http://www.socialsecurity.gov/locator

 

You may also find the address and phone number in the blue pages of your phone book under “U.S. Government.”