VP 6-7840.
Decided by Board October 19, 1955.
Preference quota status under section 203 (a) (4) of Immigration and Nationality Act — Adoption, Bahamas.
(1) A legal adoption in the Bahamas is effected only by order of a Bahamian court.
(2) An agreement of adoption, executed in the Bahamas by the natural and adoptive parents, specifying that the natural parents of the infant shall at all times have access to the infant and shall have all the rights of the parents subject to the stipulations in the agreement relating to care and education of the child, is not a valid adoption for the purpose of conferring preference quota status under section 203 (a) (4) of the Immigration and Nationality Act.
BEFORE THE BOARD
Discussion: The matter comes forward on appeal from the order of the District Director, Miami District, dated July 21, 1955, denying the visa petition on the ground that the beneficiary is not the adopted daughter of the petitioner and, therefore, not eligible for preference status.
The citizen petitioner seeks preference status under section 203 (a) (4) on behalf of the beneficiary who was born in Nassau, Bahamas, on December 26, 1950. The petitioner alleges that the beneficiary is her adopted daughter. An adopted daughter is eligible for fourth preference status ( Matter of R----, VP-318004, 5 IN Dec. 438). As evidence of the status claimed the petitioner has submitted an agreement of adoption dated October 29, 1953, between A---- J---- B---- and J---- V---- B----, the natural parents of the beneficiary, and N---- R---- and G---- V---- R----, the adopting parties. This agreement of adoptation sets forth that the infant shall be permitted to live with and be under the care of the adopting parties and be educated and brought up by them at their expense; the infant shall be baptised a member of the Church of God in Hollywood, Florida; the adopting parties shall undertake to give the infant a good education and to properly maintain the infant at all times during her infancy; if the parents die in the lifetime of the adopting parties and during the minority of the infant the adopting parties shall have the same right to the custody of the infant during her minority as if duly appointed guardians of the infant; and the parents shall at all times have access to the infant and shall have all the rights of the parents subject to the stipulations contained therein.
The legal status of adoption is determined by reference to the law of the place where such status was created. A similar agreement of adoption was submitted to the Attorney General for the Bahamas for a legal opinion as to its effect in the place of its execution and under date of April 7, 1955, it was indicated that the Attorney General for the Bahamas had informally advised that it was his opinion that such an adoption agreement executed in the Bahamas "is of no effect and is entirely illegal." The Attorney General for the Bahamas further stated that legal adoption is effected only by order of a Bahamian court. Upon the basis of this opinion it is concluded that the "agreement of adoption" in the instant case created no legal status under the law of the Bahamas and cannot be given any legal validity. Accordingly, the appeal will be dismissed.
Order: It is ordered that the appeal be and the same is hereby dismissed.