Go Back   English Forum Switzerland > Help & tips > Family matters/health  
Reply
 
Thread Tools Display Modes
  #21  
Old 22.06.2021, 22:59
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,783
Groaned at 89 Times in 70 Posts
Thanked 11,923 Times in 4,840 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Adoption of grandchild

@OP, I think you probably know quite a lot of the above, already. I've set it out methodically, in perhaps tedious detail, because that's the way the system here will go about assessing the situation. And for anyone else who's thinking through the matter of what to record, for their minor children.

Last edited by doropfiz; 23.06.2021 at 02:07.
Reply With Quote
This user would like to thank doropfiz for this useful post:
  #22  
Old 23.06.2021, 12:05
Senior Member
 
Join Date: Apr 2015
Location: Port-Valais (was SFO)
Posts: 409
Groaned at 5 Times in 3 Posts
Thanked 290 Times in 163 Posts
Caryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputation
Re: Adoption of grandchild

Thank you all for your advice and information. As I am already registered in a Valais commune and pay Atupri a premium for insurance that I am unlikely ever to use (my US federal retiree insurer, Aetna, would be subrogated but probably wouldn't bother even if medical care was given in Switzerland; my late wife used private care for everything but her GP and Aetna always paid).

Here's how I finally drafted the Will clause:

"4. I appoint my father X to be the guardian of my child Y with parental responsibility and the capacity to adopt him under any applicable law of England or elsewhere, understanding (1) that I have lived together with my father and Y as a family since Y's birth and (2) that such adoption may grant Y rights and privileges under the Foreign Service Retirement and Disability System, the Federal Employees Health Benefits Act and other benefits under American statutes and the common law that he could not otherwise enjoy."

My guess is that I would seek to adopt in England and, depending on the boy's age, either live in England or in Valais once an English adoption is complete. There's a whole literature and practice on recognition of foreign adoptions but it would be cruel and unusual for Switzerland to remove a child from a grandfather's care until and unless he suffered from Alzheimer's (as indeed one of my older sisters does). All his uncles, aunts, cousins are Swiss citizens; none live in Switzerland.

Of course this is a wildly improbable event. But Wills need to provide for such events.

For England it's all about the money (the kid would get a substantial pension until age 22) and the Council seems to run the show. (They, for example, issue the working papers for child actors and models). The child is British and Swiss, I am American and Swiss. To take an ASD child away from family would cause a crisis that could ruin his life. And I think even at 8 y.o. he could express that in French. Of course his commune of origin being in Aargau maybe they could try to make him answer questions in German which he doesn't speak, but that's another matter. Switzerland finally signed on to the ECHR Protocol 4 Art 2 that allows a citizen to live in any part of the country of which s/he is a citizen. (Prior to that, even in the early 1990s, one needed cantonal consent, normally a formality.) The UK has abstained: they want to retain the right to exclude someone from living (or not living) in Northern Ireland when terrorism is at issue.

As a community organiser my daughter is well and favourably known to the council. BTW 100% of her salary goes into her SIPP. That, I discovered, makes her eligible for Tax Credit and Child Tax Credit. These are not means tested; they are based on taxable earnings so susceptible to reduction based on renting her flat but not on wages invested in a SIPP. That she is living with a male person is not taken into consideration because that person is her father, regardless of his earnings and wealth.

What I had been hoping to hear was that an intra-family adoption in Switzerland would be rubber-stamped. I already know from Autisme-Valais that Switzerland offers far less support than the NHS and English councils do. Or are supposed to do.

Addendum: My daughter as I write this is participating on Zoom in a conference on council support of disabled children. Most councils have run out of money and there is a two-year wait just for diagnosis. Since it's a legal right, one has to sue or exert political pressure. But only the rich and the well-informed have a chance at success. My daughter is a non-practising licensed barrister.
Reply With Quote
The following 3 users would like to thank Caryl for this useful post:
  #23  
Old 23.06.2021, 15:44
Senior Member
 
Join Date: Apr 2015
Location: Port-Valais (was SFO)
Posts: 409
Groaned at 5 Times in 3 Posts
Thanked 290 Times in 163 Posts
Caryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputation
Re: Adoption of grandchild

Quote:
View Post
Medical Insurance

Your access to medical insurance for him, from your scheme from abroad, would become relevant to the Swiss authorities him only once you could prove
• the boy's eligibility in that scheme, and
• that your scheme provides at least as good a cover as does the compulsory Swiss basic medical cover (in German "Grundversicherung", "allgemein").
Actually while you fairly cite the essence of the Swiss law intended to exempt certain retired (UN) diplomats and perhaps a few others from obligatory Swiss insurance, my effort failed on two bases:

1) US Government paid insurance cannot pay for abortion (Hyde Amendment). The canton (Vaud at the time) was willing to waive this because of the ages of my wife and myself

2) EMS (in German: Alters- und Pflegeheime). That coverage is insufficient (trivial) and apparently no Swiss insurer will cover that risk alone, nor would I be allowed to offer a bond. Isn't access to support in a Swiss nursing home means-tested? I think I'd prefer home hospice care anyway, if it came to that.

In the end, once I was a widower, it came down to paying CHF 2,634.60 a year. I could have fought the case on (now in Valais) but I have not won a confrontation with Sion, specifically over selling a property to a nonresident Russian, whereas Vaud is known for granting Lex Koller waivers. So I have both a NHS EHIC and an Atupri EHIC, neither of which I have ever sought to use.

Dual residence -- indeed dual domicile -- is quite possible despite what the average lawyer thinks. My old professor in NY wrote an essay on that: https://www.jstor.org/stable/1119564 For most people it's best avoided but I have so little equity in my Swiss flat (and none in my London home) and live on my diplomatic and state pensions which are dealt with in tax treaties. HMRC talks about it in the context of "deemed domicile" and "tax residence".
Reply With Quote
This user would like to thank Caryl for this useful post:
  #24  
Old 23.06.2021, 16:07
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,783
Groaned at 89 Times in 70 Posts
Thanked 11,923 Times in 4,840 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Adoption of grandchild

It occurred to me that you might also like to consider your own will, according to the laws of which and in which country it would be executed. As a starter, see, for example:
https://www.swisscommunity.org/en/ne...e/osa-advice-2

Others on this forum have written about "Heimatrecht" in this regard.
Reply With Quote
  #25  
Old 23.06.2021, 16:09
Phil_MCR's Avatar
Forum Legend
 
Join Date: Oct 2009
Location: Basel
Posts: 14,430
Groaned at 281 Times in 187 Posts
Thanked 18,156 Times in 7,618 Posts
Phil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond repute
Re: Adoption of grandchild

Just wondering, is it possible to appoint you as a guardian already with joint responsibility over the child?
Reply With Quote
The following 2 users would like to thank Phil_MCR for this useful post:
  #26  
Old 23.06.2021, 16:37
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,783
Groaned at 89 Times in 70 Posts
Thanked 11,923 Times in 4,840 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Adoption of grandchild

Residence and domicile

Quote:
View Post
Dual residence -- indeed dual domicile -- is quite possible despite what the average lawyer thinks. My old professor in NY wrote an essay on that: https://www.jstor.org/stable/1119564 For most people it's best avoided but I have so little equity in my Swiss flat (and none in my London home) and live on my diplomatic and state pensions which are dealt with in tax treaties. HMRC talks about it in the context of "deemed domicile" and "tax residence".
Yes, I'm aware that that dual residence and dual domicile are acknowledged in other countries. Switzerland, too, allows for this, with regard to taxation.

For some discussion on this, see 4.2. Relief from Concurrent Full Tax Liability in https://www.ibfd.org/sites/ibfd.org/...Law_sample.pdf
which looks at "dual fiscal residence" but goes on to explain that according to the OECD Model Treaty an individual is "deemed to be a resident of the State with which his personal and economic relations are closer (center of vital interests)":
Most Swiss tax treaties follow the OECD Model Treaty in this respect. Preference is therefore given to the Contracting State in which the individual has a permanent home available to him or her.

Indeed, residence is the place where the individual possesses a home with some degree of permanency. If the individual has a permanent home in both Contracting States, preference is given to the State with which the personal and economic relations of the individual are closer, this being understood as the center of vital interests.
This duality is not, however, upheld for non-tax purposes, for which it is deemed important to determine where an individual factually lives and has the centre-point of his life. This would be of key relevance for decisions about the boy's guardianship and/or adoption, and also about support in school of which we hear (but I have no links to show that this is so) is probably still better funded in Switzerland than in the UK.

See Art. 23. to 26. of the Swiss Civil Code https://www.fedlex.admin.ch/eli/cc/2..._A/lvl_V/lvl_2
where Art. 23. states:
1 A person’s domicile is the place in which he or she resides with the intention of settling; residence for the purpose of education or the accommodation of a person in an educative institution or care home, a hospital or a penal institution does not by itself establish domicile.23

2 No person may have more than one domicile at a time.

3 This provision does not apply to places of business.



If you wish to avoid the UK authorities getting involved in the grandson's finances, it would seem to me the easiest to get him into Switzerland as soon as possible just before or after his mother's death. As a Swiss citizen, he has an inaliable right to "return" (that's how it is seen) to Switzerland and, once here as a minor without a guardian, he would be subject to the Swiss KESB, and then you could make your applications for Obhut, guardianship and adoption.

Much better, of course, if you could be certain that, in the UK, the adoption would be a mere formality, and fast.

If you wish to access school, at all, and extra support for your grandson here, he would definitely have to reside in Switzerland, in the sense of having his centre-point here.
Reply With Quote
  #27  
Old 23.06.2021, 16:38
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,783
Groaned at 89 Times in 70 Posts
Thanked 11,923 Times in 4,840 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Adoption of grandchild

Quote:
View Post
Just wondering, is it possible to appoint you as a guardian already with joint responsibility over the child?
That's a very good idea!

Or even if were not possible, in the laws of the country of residence, to do so formally, a written contract between the mother and the grandfather, specifying decisions that the grandfather may already make about the grandson, without the mother's particular approval, might be very good.

I know someone here in Switzerland who lives in a far-extended patchwork family. Their priority is that the children always have access to sensible adults to help them. To this end, they have equipped each child here with a signed document stating which parents/adults (biological, step, and "just" current partners of their parents who do not even live together with the child, etc.) may, for example, attend a parent's evening, fetch a child from school, sign for permission to attend a school outing, be present with them in a doctor's appointment or admit them to hospital in an emergency, and so on, without needing to consult the parent's legal guardian (in all cases that is one or both of the biological parents).

Perhaps, if such an agreement stood and were used by the grandfather for some time, it would stand in good stead, later, towards adoption.
Reply With Quote
  #28  
Old 23.06.2021, 16:49
Forum Legend
 
Join Date: Oct 2009
Location: la cote
Posts: 3,461
Groaned at 21 Times in 13 Posts
Thanked 3,068 Times in 1,626 Posts
runningdeer has a reputation beyond reputerunningdeer has a reputation beyond reputerunningdeer has a reputation beyond reputerunningdeer has a reputation beyond reputerunningdeer has a reputation beyond repute
Re: Adoption of grandchild

Quote:
View Post
Just wondering, is it possible to appoint you as a guardian already with joint responsibility over the child?
I am a bit familiar with the Federal Employees Health Benefits Act and I believe OP would meet the criteria of a foster parent as is, so maybe that is also to be considered.

However, I would look further at the fine print in the pension/health programs, as I know similar such pension arrangements preclude you from adding dependents after retirement age as it would be perpetuating benefits that were not foreseen, paid in, nor covered by the plan. Could easily be borderline fraud as everyone would try to adopt some relative to continue benefits.
Reply With Quote
  #29  
Old 23.06.2021, 16:54
Senior Member
 
Join Date: Apr 2015
Location: Port-Valais (was SFO)
Posts: 409
Groaned at 5 Times in 3 Posts
Thanked 290 Times in 163 Posts
Caryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputation
Re: Adoption of grandchild

Quote:
View Post
I am a bit familiar with the Federal Employees Health Benefits Act and I believe OP would meet the criteria of a foster parent as is, so maybe that is also to be considered.

However, I would look further at the fine print in the pension/health programs, as I know similar such pension arrangements preclude you from adding dependents after retirement age as it would be perpetuating benefits that were not foreseen, paid in, nor covered by the plan. Could easily be borderline fraud as everyone would try to adopt some relative to continue benefits.
Trust me, I'm a lawyer. I cited the law yesterday:

Here's the text of health benefits eligibility (quite apart from NHS: one can go private and use his FEHBP insurance to pay for it): "Family members eligible for coverage under your Self and Family enrollment are your spouse (including a valid common law marriage) and children under age 26, including legally adopted children, recognized natural (born out of wedlock) children and stepchildren. A child is eligible for coverage under your Self and Family enrollment, if a state-issued birth certificate lists you as a parent of that child."

For a survivor pension: "In order to qualify for a survivor annuity under the Foreign Service Act, a child must be financially dependent on an employee or retiree at the time of death. The child must also be unmarried, under age 18, or under age 22 and a full time student (12 credit hours), or over age 18 and incapable of self support because of a disability that occurred before the age of 18. Children who qualify include legitimate children, adopted children, stepchildren who lived with the employee or retiree at the time of death, and recognized natural children. Children are entitled to survivor benefits regardless of whether or not there is a survivor spousal benefit."


It is true that my pension increased (as did my small AVS for less understandable reason) and my health insurance premium decreased when my wife died. Changing health insurance to "family" is easy. Upon remarriage there is a waiting period for survivor eligibility. I doubt that applies to adoptees. And as it's a family member suspicion of fraud is unlikely. Don't worry about the "state-issued birth certificate" part. I am concerned about either automatic acquisition of US nationality or a citizenship requirement (I know nothing of such a requirement). Mainly because the child's assets (JISA and VPT -- JSIPP is exempt from PFIC and US tax) are mostly in Fundsmith, SSON and Legal & General US Index Fund. And FATCA is nothing I would wish to put upon any child.
Reply With Quote
  #30  
Old 23.06.2021, 17:12
Senior Member
 
Join Date: Apr 2015
Location: Port-Valais (was SFO)
Posts: 409
Groaned at 5 Times in 3 Posts
Thanked 290 Times in 163 Posts
Caryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputation
Re: Adoption of grandchild

Quote:
View Post
Residence and domicileIf you wish to avoid the UK authorities getting involved in the grandson's finances, it would seem to me the easiest to get him into Switzerland as soon as possible just before or after his mother's death. As a Swiss citizen, he has an inaliable right to "return" (that's how it is seen) to Switzerland and, once here as a minor without a guardian, he would be subject to the Swiss KESB, and then you could make your applications for Obhut, guardianship and adoption.
Too late for that. His Vulnerable Person Trust owns 38% of his mum's flat -- now rented out. A VPT is not subject to input, output or decennial IHT and a child is eligible if s/he gets DLA at the middle rate (the qualification relevant to this child). Even if he loses DLA at age 16 when re-evaluated, the VPT is not disqualified. The VPT pays tax at the child's marginal rate, which is zero as he doesn't earn $12,570/yr.

His other assets are a JISA and a JSIPP. The JISA would be taxed by the USA or Switzerland. The US-UK Tax Treaty Art. 18 gives reciprocal treatment to pensions and the HMRC pensions manual includes Roth IRAs as (non-taxable) pensions and the IRS recognises SIPPs. His mum has both, that he would inherit. I don't know how the Swiss would treat that. AFAIK only the UK and to a lesser extent the Canadian treaty exempt Roth IRAs.

As for the APEA -- it's a tribunal. This is a (high functioning) autistic child, what they used to call Aspergers. He would be berserk enough if he lost his mother and could not be separated from me at all, even for a day. He was 3 when his grandmother died and it's a tragedy he has not gotten over. He rarely watches TV now because he used to watch it with her after coming home from (French) school. It was, of course, to plan for the most awful possibility that I posted the query on this forum since I know nothing of Swiss adoption practice. None but an evil bureaucrat would separate a child from the only logical guardian, the family member he's lived with all his life. Slaveholders and the US and Canadian indigenous peoples ministries did that. Sensible and kind people do not.

The alternative if I needed help, depending upon his age, would be to hire a nanny. (He has a grand aunt in Kew and an aunt (a surgeon with a doctor husband & 3 children of her own). Neither would want him, not because he's disruptive--he isn't. But there isn't any real affection with them.) The successor guardian suggested in the Will (I wrote about her above, she comes from a famous family and was a classmate of my daughter at the London Lycée français) has the right personality and he likes her. She is single with a daughter of 12 or so.

In his free time he reads, plays with Lego, and programs with Scratch, the MIT-invented pictorial programming language for kids. I'm working to get him introduced to Python, which normally starts at age 10. As I write this he is having a piano lesson.

An afterthought: on domicile, whatever the Swiss law says, your registration with a commune at a property you own (even if you rent it out, at least to vacationers) is treated as your domicile and you are taxed there. The tax treaty may give you rights by defining a tax-residence differently but I find it easier to work around the exemptions, deductions and tax credits. Being too greedy invites audit, which takes time and may lead to argument. That's why I look at the Swiss health insurance premium as just another tax. I discussed the duplication back in the day with Lausanne, and the clerk of my commune's Foreigner's Bureau (i.e. civil registration office) tried on my behalf with Sion. That I have not set foot in Switzerland since 30 August 2020 because of COVID-19 risk makes no difference. (There's a provision in UK practice to file SA109 to claim exemption from tax due to presence only because of the pandemic, but that too would be a hard fight that I would lose. What I could do is de-register in Valais and register with the Swiss consul here: but the awful bank that holds my mortgage, Credit Suisse, would get angry. And my mortgage has already expired so they could foreclose at will. They are holding on, hoping I'll sell the large flat and keep the granny flat above which has a separate, self-renewing mortgage and unlike the first has 1% annual amortisation. And BTW these flats are barely worth the principal of the mortgages. Yet we bought them new in 2006. (I have a potential buyer, a German with a B-EU visa, and we're talking.)

Last edited by Caryl; 23.06.2021 at 17:51.
Reply With Quote
  #31  
Old 23.06.2021, 17:32
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,783
Groaned at 89 Times in 70 Posts
Thanked 11,923 Times in 4,840 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Adoption of grandchild

The APEA (in French) or KESB (in German).. the Swiss authority for the protection of children and adults, is not a tribunal. Or at least, I've never heard it spoken of, as such.

Quote:
View Post
I don't know how the Swiss would treat that.
The Swiss would not treat any part of the grandson's assets (which, if I understand it, are outside of Switzerland, anyway) if he did not have his real centre-point of his life here in Switzerland.

The Swiss authorities would get involved if he were living here - and then only. Then, they would go through the immediate action of apportioning interim guardianship to the APEA, and then assessing your suitability, etc., as I outlined above.

Under the circumstances you describe, there is a strong argument for granting you immediate Obhut. However, the APEA would also be looking forward, precisely because of the boy's abilities with regard to attachment, to what would be in his best interests after your own death. The more you can put into place, to show that you are providing not only financially but also in terms of everyday care, for him, for when you are no longer able to provide it, (such as, as you say, hiring a nanny, or a companion) the more earnest and trustworthy you will be deemed to be.
Reply With Quote
  #32  
Old 23.06.2021, 17:58
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,783
Groaned at 89 Times in 70 Posts
Thanked 11,923 Times in 4,840 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Adoption of grandchild

@Caryl,
I'd like to add that your absolute determination to be there for your grandson is touching, and deeply impressive. You sound like a fiery, roaring lion, in all the right, loving ways, wanting to protect your grandson, and to guide him, and offer him the very best you can, while juggling all the requirements of the three countries. I salute you for that dedication.
Reply With Quote
This user would like to thank doropfiz for this useful post:
  #33  
Old 23.06.2021, 21:14
Senior Member
 
Join Date: Apr 2015
Location: Port-Valais (was SFO)
Posts: 409
Groaned at 5 Times in 3 Posts
Thanked 290 Times in 163 Posts
Caryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputation
Re: Adoption of grandchild

Quote:
View Post
The APEA (in French) or KESB (in German).. the Swiss authority for the protection of children and adults, is not a tribunal. Or at least, I've never heard it spoken of, as such.
"Selon les cantons, l’APEA est un tribunal ou une instance quasi-judiciaire."
https://kescha.ch/fr/informations-su...ait-l-apea.php
The more it serves the function of a tribunal the more it is obliged to respect the decisions of other countries.

The Hague Convention on Child Abduction may be relevant. It relies on the habitual residence of the child, typically his/her residence during the prior six months. That has created some interesting cases where a newborn's residence is in question: Delvoye v. Lee (in the Matter of Sebastian Delvoye), 329 F.3d 330 (3rd Cir. 2003)

Forum shopping!

Last edited by Caryl; 23.06.2021 at 21:29.
Reply With Quote
  #34  
Old 23.06.2021, 22:31
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 11,143
Groaned at 87 Times in 83 Posts
Thanked 18,853 Times in 8,394 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: Adoption of grandchild

Quote:
View Post
...I am concerned about either automatic acquisition of US nationality or a citizenship requirement (I know nothing of such a requirement)...And FATCA is nothing I would wish to put upon any child.
I could be wrong, but I don't think adoption automatically makes the adopted child a U.S. citizen. The adopting parent has to apply for it. I have friends who adopted children from abroad and they had to specifically apply to have the children become U.S. citizens.

This page has more info. You're already well-informed on legal stuff so I'll leave you to the reading. https://www.uscis.gov/adoption/before-you-start

PDF on how to help an adopted child obtain citizenship from that page:
https://www.uscis.gov/sites/default/...uides/A3en.pdf
Reply With Quote
The following 2 users would like to thank 3Wishes for this useful post:
  #35  
Old 24.06.2021, 18:30
Senior Member
 
Join Date: Apr 2015
Location: Port-Valais (was SFO)
Posts: 409
Groaned at 5 Times in 3 Posts
Thanked 290 Times in 163 Posts
Caryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputation
Re: Adoption of grandchild

Quote:
View Post
I could be wrong, but I don't think adoption automatically makes the adopted child a U.S. citizen. The adopting parent has to apply for it. I have friends who adopted children from abroad and they had to specifically apply to have the children become U.S. citizens.

This page has more info. You're already well-informed on legal stuff so I'll leave you to the reading. https://www.uscis.gov/adoption/before-you-start

PDF on how to help an adopted child obtain citizenship from that page:
https://www.uscis.gov/sites/default/...uides/A3en.pdf
This is the trap. The law was changed because so many international adoptees were never naturalized, may have served in the US military, committed a drug offence, and were deported. Naturalisation was always a right, but it took paperwork that many did not have the sophistication to get their heads around.

[begin text]

Under section 320 of the INA, adopted children will automatically acquire citizenship upon being admitted into the United States if they:

Qualify as an “immediate relative” under INA 101(b)(1)(E), (F), or (G);
Are admitted as a lawful permanent resident (LPR);
Are residing in the United States in the U.S. citizen parents’ legal and physical custody (unless an exception applies as noted below); and
Are under 18 years old when they meet all of these conditions.
The Child Citizenship Act of 2000 (CCA) says foreign born children who meet certain conditions automatically acquire U.S. citizenship under INA 320. The CCA went into effect on Feb. 27, 2001. The child must have been under the age of 18 on Feb. 27, 2001, to automatically acquire U.S. citizenship under INA 320.

If the child does not qualify for a Certificate of Citizenship when admitted as an LPR under one of the visa classifications shown in the table below, they will automatically become a U.S. citizen once they meet all the conditions listed above. If they cannot meet those conditions, they may remain an LPR and may apply for naturalization under INA 316 once they are eligible. The chart below outlines the visa classifications, the process to obtain evidence of U.S. citizenship, and the documents that generally serve as evidence of the child’s LPR status or U.S. citizenship.

[end text]
https://www.uscis.gov/adoption/after...-adopted-child
Reply With Quote
  #36  
Old 18.07.2021, 14:41
Senior Member
 
Join Date: Apr 2015
Location: Port-Valais (was SFO)
Posts: 409
Groaned at 5 Times in 3 Posts
Thanked 290 Times in 163 Posts
Caryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputationCaryl has an excellent reputation
Re: Adoption of grandchild

Quote:
View Post

With regard to adoption, note also Art. 264 d https://www.fedlex.admin.ch/eli/cc/2...3/en#art_264_d on the restrictions on age difference between the potential adoptive parent and the child to be adopted, also exceptions may be made if justified.
1. The age difference between the child and the persons wishing to adopt may not be less than 16 years and not more than 45 years.

2. Exceptions may be made if this is necessary for the welfare of the child. The person wishing to adopt must justify the exception.


There's also this broschure, by the Bundesamt für Justiz, about adoption in general:
file:///I:/Downloads/bro-adoption-d.pdf (in German)
Reviewing this thread now that my daughter’s English-form Will has been signed and witnessed. It occurs to me to add that my daughter is 44 years older than her son, born to her by IVF after a series of disappointments with purported fiancés. IVF is illegal in Switzerland for unmarried women, only now is a similar French ban about to be quashed. But very common in UK, USA, Canada, Israel and elsewhere and the Swiss consul issued him a passport at birth and I have a copy of his family register from Aargau.

My daughter is right now sunning herself on our Chelsea back patio and looks healthy. She’ll get her mammogram results in 2 weeks. I had my MRI (follow-up to PSA) answer a few weeks ago.

Kid speaks perfect 8-yo French, reads French better than English. His German, Italian and Romansh are nil. He gets something like £30k a year in total subsidies from HMRC, DWP and RBKC. Some of that would stop — the means-based part — if I had guardianship or adoptive parent status.

My daughter is about to start a 2-yr UCL MA programme in autism education. As a community organiser she already advises parents for free on their rights and does political campaigning.

I think I (already having UK settled status) would retain my Valais domicile under Swiss law but stay here with the kid until he reached 18 or otherwise chose to attend a French-language university such as Lausanne.

UK deemed domicile is just about taxes and if I live long enough I can escape it. My domicile of origin is New York.

I deduce that in Switzerland it’s all about the law. In the UK it’s all about the money and the Council people — whom my daughter knows well and generally favourably — would be easier to work with than some unknown officious and arrogant bureaucrat in Sion. He is headed here at age 11 to the Lycée français Charles de Gaulle which all my children attended back in the day to age 12 or 16 where he will have friends from his primary school he’s known since pre-school. The risk of bullying in a new Swiss school is too great I think. He can go there on holiday.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
In-law tips: First grandchild Skappler Family matters/health 21 20.08.2014 10:32
Puppy adoption wiola Pet corner 2 20.07.2011 18:26
A New Adoption Mrs. Doolittle Pet corner 20 21.10.2010 14:50
[Gone] Cat for adoption!!!! BMW Pet corner 6 17.11.2008 14:45


All times are GMT +2. The time now is 11:25.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0