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Jasmine Molon

G04
Advanced legal writing
Attorney. Gallo

Introduction
In order for ones life to be meaningful one must plant a tree, bear a fruit or a write book
But what if one wasnt given a chance in her past to do soshould one give up? The answer is in
the negative. It is never too late to do all those things and put meaning into ones life. As they say
Facts and Discussion
The child in question in the case at bar is the illegitimate child of clients deceased husband who is
an american citizen. Since deceased husband and client was not blessed with a kid during the
formers lifetimeclient condoned the momentary unfaithfulness of her husband out of love and
affection she had for the former. Because of this love, client decided to raise the child as her own
and give her the love, care and support her husband would have provided her. Since the child is an
unrecognised illegitimate child of the deceased husband and DNA testing on father is no longer
possible US law of derivative citizenship cannot lie or will have difficulty in application.
However this case is not a hopeless case because client may take advantage of her filipino
citizenship from the time being before her petition for naturalisation comes through. Under Section
7 of Republic Act No. 8552 otherwise known as the domestic adoption law of 1998, any filipino
citizen of legal age capable of supporting the adoptee may adopt, to wit:
Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral
character, has not been convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least sixteen (16) years older than the adoptee,
and who is in a position to support and care for his/her children in keeping with the means of the
family. The requirement of sixteen (16) year difference between the age of the adopter and adoptee
may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the
adoptee's parent;
Since client is not yet a naturalised american citizen but only a permanent citizen of the same
client may avail of this option without the need of the residing in the philippine for three years since
the rule applies only to aliens. Having said that since the biological mother consents to the
adoption client may avail of this remedy immediately before her citizenship comes through.
Conclusion and Recommendation
From the above discussion since client is still qualified under RA 8552 to adopt she may opt to
institute the adoption proceedings immediately. What she will need to prove is her good intentions

with the child, her capability of supporting her and consent of the biological mother. After the
petition for adoption has been approved and she obtained her US citizenship, client may avail of
the Child Citizenship Act of 2000 Sections 320 and 322 of the Immigration and Nationality Act
which says that adopted children or children of US citizens automatically acquires citizenship of the
parent.
Child born outside of the United States automatically becomes a citizen of the United States when all of the
following conditions have been fulfilled:
At least one of the childs parents is a U.S. citizen by birth or naturalization;
The child is under 18 years of age;
The child is residing in or has resided in the United States in the legal and physical custody of the
U.S. citizen parent pursuant to a lawful admission for permanent residence.
INA Section 320 applies to a child adopted by a U.S. citizen parent if the child satisfies the requirements
applicable to adopted children under INA Section 101(b)(1); e.g., generally a child adopted while under the
age of 16 if the child has been in the legal custody of, and has resided with, the adopting parent for at least
two years; or who is an orphan on whose behalf an immediate relative petition has been filed while under the
age of 16. The adoption must be final for the child to acquire U.S citizenship.

After the verification by the US embassy of the adoption papers of the child the same will be issued
a US passport and client will now have a chance to live a meaningful life with her daughter.

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