Interim Decision #2275 

MATTER OF KONG 

In Visa Petition Proceedings 

A-20282149 

Decided by Board March 25, 1974 

Under the law of Burma, a Kittima adoption, which is governed by statute and 

which does not have retroactive effect, confers on the person adopted a status 

very similar to that of a natural child, with intended full rights of inheritance. 

An Appatittha adoption, which is a ceremonial adoption, establishes only a 

casual relationship with very limited rights and obligations between parent 

and child, and cannot be considered an adoption for immigration purposes. 

ON BEHALF OF PETITIONER: Jack Stedman, Esquire 

250 Columbus Avenue, Suite 200 

San Francisco, California 94133 

The lawful permanent resident petitioner applied for preference 

status for the beneficiary as her adopted son under section 

203(aX2) of the Immigration and Nationality Act. In a decision 

dated March 16, 1973, the District Director denied the petition on 

the ground that the beneficiary had not been adopted in conformity with the age requirement of section 101(bX1XE) of the Act. The 

petitioner has appealed from that denial. The appeal will be 

dismissed. 

In order to qualify as an adopted son under section 203(aX2) of 

the Act, the beneficiary must have been adopted by the petitioner 

in accordance with the requirements of section 101(bX1XE). Matter 

of Ng, Interim Decision No. 2147 (BIA 1972); Matter of Yue, 12 L & 

N. Dec. 747 (BIA 1968); Matter of Caramanzana, 12 I. & N. Dec. 47 

(B IA 1967). An adopted child is defined in section 101(bX1XE) as "a 

child adopted while under the age of fourteen years if the child has 

thereafter been in the legal custody of, and has resided with, the 

adopting parent or parents for at least two years ...." 

The beneficiary is a native and citizen of Burma who was born 

in 1955. The petitioner and her husband purportedly adopted the 

beneficiary in 1960 in accordance with Burmese Buddhist law and 

custom. Counsel has submitted a memorandum of Burmese law 

prepared by the Far Eastern Law Division of the Library of 

Congress. According to that memorandum, a ceremonial adoption 

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Interim Decision #2275 

is known as an Appatittha adoption and establishes only a casual 

relationship with very limited rights of inheritance. 

In 1970, when the beneficiary was nearly 15 years old, the 

petitioner and her husband effected a Kittima adoption under the 

law of Burma. A Kittima, adoption is governed by statute and 

confers on the person adopted a status very similar to that of a 

natural child. A Kittima son or daughter is adopted with the 

intention that he or she will have full rights of inheritance in the 

adoptive parents' estate. Since April 1, 1941, a Kittima adoption 

must be effected by means of an instrument of adoption executed 

in accordance with Section 5 of the Registration of Kittima 

Adoptions Act. 

Counsel contends that we should recognize an Appatittha adoption as creating an adoptive relationship within the meaning of 

section 101(bX1)(E), or alternatively, that the Kittima adoption has 

retroactive effect to the date of the Appatittha adoption. According 

to the Library of Congress memorandum, Kittima adoption is 

much closer to the concept of adoption in the United States than is 

Appatittha adoption. The latter is merely an informal relationship 

which does not create substantial legal rights and obligations 

between parent and child, and cannot be considered an adoption 

for immigration purposes. 

Registration is a necessary prerequisite for the legal validity of 

a Kittima adoption effected after April 1, 1041. The memorandum 

of Burmese law expressly refutes counsel's contention that a 

Kittima adoption has retoratctive effect. Since the beneficiary was 

over the age of 14 when his Kittima adoption was registered, he 

did not meet the age requirement of section 101(b)(1)(E). Therefore, 

he cannot qualify as an adopted son of the petitioner under section 

203(aX2) of the Act. 

The District Director's decision was correct. The appeal will be 

dismissed. 

ORDER: The appeal is dismissed. 

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