1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly claim and while the adoption proceeding was pending before the trial court, petitioners prepared the written deposition of Ms. Tifany Markee, an expert in U.S. immigration and inter-country adoption laws, who was deposed by the Philippine Consulate in Los Angeles, California, U.S.A. She certified that petitioners are deemed habitual residents outside the U.S. since they have resided for more than two years with Innah in the Philippines. This being the case, under U.S. laws, they are in fact exempted from adopting through inter-country adoption.[30] Petitioners point out that it is through a full-blown trial that they could present sufficient evidence to prove that they are qualified to adopt. Thus, petitioners assert that: 63. x x x By ordering the transmittal of the case to the ICAB, respondent deprived petitioners of the opportunity to present evidence to establish the relevant U.S. law, their capacity to adopt under such law, and the adoptee's capacity to immigrate to the U.S. as petitioners' legitimate child. 64. Petitioners have already gone as far as securing authenticated copies of the relevant California laws on adoption and U.S. immigration laws, as well as deposing through written interrogatories an expert witness. If the proceedings before the respondent court are allowed to take its due course petitioners will be able to formally offer documentary and testimonial evidence to substantially comply with the certification requirement.[31] A comparative review of the relevant provisions on the Domestic Adoption and InterCountry Adoption particularly on those who are qualified to adopt and where to file the application for adoption shows the following: Domestic Adoption Inter-Country Adoption SECTION 4 . Who may adopt. - SECTION 9. Who May Adopt. - An alien The following may adopt : or a Filipino citizen permanently residing abroad may file an application (1) Any Filipino citizen of legal for inter-country adoption of a Filipino age, in possession of full civil child if he/she: capacity and legal rights, of a) is at least twenty - seven (27) years good moral character, has not of age and at least sixteen (16) years been convicted of any crime older than the child to be adopted, at involving moral turpitude; who is the time of application unless the emotionally and psychologically adopter is the parent by nature of the capable of caring for children, at child to be adopted or the spouse of least sixteen (16) years older such parent; then the adoptee, and who is in a position to support and care for b)if married his/her spouse must jointly his children in keeping with the file for the adoption; means of the family. The requirements of a 16-year c) has the capacity to act and assume all difference between the age of the rights and responsibilities of parental adopter and adoptee may be https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65992 6/13